Ballyhoo Terms and Conditions
Terms of Service
Definitions.
• "Client" and "you" refers to an end user who is receiving services provided by Developer
• "Developer" and "we" refers to Ballyhoo Designs
• "Third Party Programs" and "Third Party Scripts" refers to programs / scripts that are written and/or developed by someone other than Developer.
Using our services
Ballyhoo Designs "Service" which consists of web hosting, email services, Domain Registration, FTP services or MySQL/Access/MS SQL databases. By using the Service in any way, you are agreeing to fully comply with the TOS, and should you object to any term or condition for the use of the Service or contained in the TOS, your only recourse is to discontinue using the Service. If you decide to discontinue using our services please let us know in the first instance. Normal notice periods (usually 1 month) will apply and any outstanding invoices will still be due under our normal terms and conditions.
Invoicing.
Invoicing is done with one half (1/2) hour minimum and quarter (1/4) hour increments thereafter. An initial minimum fee of £15.00 is applied to all monthly and/or quarterly invoices in addition to website work during the invoice period. Standard hourly rate is displayed within your control panel.
Client’s Responsibility.
Client agrees to provide text information that is to be included on Client’s website and is to be emailed to Developer. Failure to provide text information via email will result in additional charges at Developer’s standard hourly rate to enter information onto Client’s website. Graphics and pictures, which the Client provides for inclusion in the web site, shall be e-mailed to Developer; failure to do so shall result in scanning and/or editing charges billed at Developer’s standard hourly rate.
Client will provide all information to be included on the website to Developer before work on the website will begin.
Cancellation policy (website design)
1) In the event that a client accepts a quotation/estimate, and within 7 days decides not to proceed with the website design, then a cancellation/consultation charge of £150 will be incurred (provided that work has not yet commenced on the website design). This charge covers consultation time/fees and web hosting setup costs.
2) In the event that a client cancels after 7 days, or if work has commenced on the website design, the full cost of the quotation is payable (although this is subject to pro-rata adjustment dependant on how much of the website has been completed) plus the cost of the hosting package.
Curtailment of a website design agreement
It is usual for us to be able to complete a website within a reasonable amount of time after a client accepts a quotation. If the client is unable to provide information to enable us to complete the website within a reasonable amount of time, then we reserve the right to impose the following charges.
1) Where work is in progress, the invoice for the Website Design work (based on the quotation) will be issued on completion of the work, or on the target completion date, whichever is the earlier.
In addition,
a)In the event that a client accepts a quotation/estimate, and within 6 months has not provided sufficient information to commence work on the website, then a curtailment/consultation charge of £150 will be incurred (provided that work has not yet commenced on the website design, or only minimal work has been instigated). This charge covers consultation time/fees and web hosting setup costs.
b) In the event that a client accepts a quotation/estimate, and within 6 months has not provided sufficient information to complete work on the website, then the full cost of the quotation will be invoiced, and is due for immediate payment, (although this may be subject to pro-rata adjustment dependant on how much of the website has been completed) plus the cost of the hosting package.
In the event that a curtailment invoice is issued then we reserve the right to issue a new quotation before proceeding with further work on the website. Payment received against curtailment invoices may be taken into account against future invoices but the decision of Ballyhoo Designs on this matter will be final.
Non-payment, or late-payment of accounts
Our business is to provide Website Design and Hosting facilities to other small businesses.
We are a small company, and do not have a team of administrators to chase unpaid invoices. We are not able to withstand delays to payments, and do not have time to chase for late payments. Our low charges to you are only possible if we can maintain a balanced cash-flow.
All invoices and accounts issued by us are due for immediate payment, unless otherwise agreed in writing.
We reserve the right
1) to make administration charges for any overdue accounts, and an administration charge of £10 will automatically be levied for each reminder letter, where an account is in arrears.
2) to demand full and immediate payment of fees to the end of the contract period.
3) to suspend a website at any time if the hosting account, or any invoice due to Ballyhoo Designs, is in arrears.
4) to make an additional daily charge, for any accounts not settled on time, equivalent to 10% above Bank of England Base Rate.
5) to take legal proceedings through the courts to recover any unpaid debts, and to recover out-of-pocket expenses incurred through these proceedings.
In the event that a website is suspended due to non-payment of invoices we reserve the right to:
A) decline to provide further hosting services.
B) charge a reactivation fee equivalent to one years hosting charges - payable before the website is reactivated.
Domain name, email, and hosting
We will usually only register .co.uk domain names, unless you specifically request a different domain name suffix.
The domain name registration period for .co.uk domains runs for two years from the date of registration. After this time period has lapsed, the domain name registration will be renewed upon receipt of payment of renewal fees. The current cost of renewal is £15. We will usually send an invoice for domain name renewal approximately 4 weeks prior to the renewal date, and will request payment 2 weeks prior to the renewal date to ensure that domain renewal is a smooth & seamless process. Failure to make renewal payment on time may mean that the domain name registration is not renewed.
Other charges and renewal periods apply to other types of domain name.
All domains that we register are registered in our name, and are administered by Ballyhoo Designs.
Until we receive confirmation of registration we cannot guarantee that the domain name requested will be available for registration.
By requesting us to register a domain name our client is responsible for ensuring that its use, and the way in which it is used (directly or indirectly), does not infringe the legal rights of any third party.
It is our policy to provide managed websites for our clients, which means that we design, host, upload, and maintain the website for you - and also provide email facilities.
The only username and password we issue is for accessing the email account. We will provide internet access to the email via webmail, and will supply the information necessary for you to access the email via a program (e.g. Outlook) on your computer.
Your Control Panel/Email account creation/setup
The control panel details we supply to you during the setup of your hosting package will enable you to create edit and delete email accounts and view website usage statistics.
If you request Ballyhoo Designs to setup an email address for you, we will charge a minimum fee of £15.00 to do this.
The self management of email accounts of course is free to any current Ballyhoo Designs Customer.
Search engine submissions
When we submit your website to a number of search engines (typically in excess of 40 search engines & directories). However it can take many weeks for your website to appear in the search results - this is normal. We cannot guarantee top level rankings for your website, although we will use our knowledge and experience to gain the best results possible. If you are interested in further promoting your business and your website we recommend that you continue to use traditional advertising methods, and that you also research modern methods of advertising - e.g. Google Adwords (http://www.google.com/adwords/learningcenter/)
Copyrights and Trademarks.
The Client represents to Developer and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Developer for inclusion in webpages are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend Developer and its subcontractors from any claim arising from the use of such elements furnished by the Client.
Development Process.
Client’s website will be developed on Developer’s development server. Once any final payments that are due to Developer by Client for Client’s website are received, website will either be moved to Client’s web space or files given to Client either via email or provided to Client on DVD/CD-ROM.
Developer reserves the right to assign subcontractors to this project to insure the right fit for the job as well as on-time completion.
Expired Domain Names.
Domain name(s) procured by Developer for Client will not be renewed until payment for such is received by Developer. Once a domain name is expired, there is no guarantee that it can be renewed by Client or that it may not be purchased by another party.
Domain name Ownership
Our standard procedure is to register all domain names to you the customer that way you have complete control, if you decide that you would prefer to register the domain name in our name, i.e. to prevent your personal address being available as a whois search then will be happy to use our business address details. In these circumstances the domain name can be transferred back to our client at any time assuming their account balance with us is up to date and cleared. Un till full payment of accounts is settled the domain name will remain owned by us.
Email Programs / Computer Hardware / Software / Viruses
Developer does not provide ongoing technical support for client(s) email on client(s) computers. Client should use an email client such as Outlook Express, Outlook, Thunderbird, or other such email clients so that email can be downloaded to their computers.
Technical support to establish email parameters is available at standard hourly rates.
Web Server Hosting Setup Fess
A standard fee of £40.00 will be charged to setup any hosting package. This will include technical support via telephone during the setup period.
Onsite Support
A additional £40.00 fee will be charged for setting up email accounts on site for the first hour, thereafter at your standard hourly rate.
Maintenance / Updates.
Maintenance / updates prices for website are not included in Web Design Contracts. PrePaid Maintenance Plans are available.
Update information for websites must be sent via email to establish a record of the update request. Updates may also be sent by fax or regular mail, however these updates will incur additional time which will result in additional charges.
Our scheduled day to do updates is on Mondays. If an urgent update is required, additional fees may be applied unless otherwise indicated via bundled service package.
In the event that Client does their own website updates and/or modifications, and problems arise as a result of this, Developer's standard hourly rate to fix and repair website is doubled.
Non Sufficient Funds.
A £15.00 fee will be charged each time a cheque is returned stamped NSF.
Ownership of Web Pages.
Assembled work of web pages produced by Developer is owned by Developer until final payment for the website is made. Rights to photos, graphics, source code, work-up files, and computer programs are specifically not transferred to the Client, and remain the property of their respective owners. Developer or its subcontractors retain the right to display graphics and other Web design elements as examples of their work in their respective portfolios.
Programs, scripts and source files that are developed by Developer remain the intellectual property of Developer and may not be sold, re-licensed, or transferred without written permission.
Payment of Fees.
Payments must be made promptly and are due upon receipt. Non-payment after thirty (30) days of invoice date will result in suspension of website account(s) on the World Wide Web covered by the invoice until such time as payment has been received. Reactivation of suspended website(s) incurs a reactivation fee of £40.00 which shall be received by Developer before website is reactivated.
During this period we do not accept any liability for loss of turnover, sales, revenue, profits or indirect, consequential or special loss arising out of the operation or non availability of the website, or loss of communications between you and your customers via email even if we have been advised of the possibility of such damages.
We accept cheques made payable to 'Ballyhoo Designs', BACS payments (our details are available upon request), and payment with credit cards via PayPal®.
Fees to Developer are due and payable on the following schedule: deposit (non refundable) of one-half (1/2) upon signing Website Design Contract, one-half (1/2) when the web pages have been constructed according to the Client's original written specifications and before Client's website is made live on the Internet.
If the Client delays more than 30 days in providing final information for the web site, the final payment owed to Developer shall immediately become due.
If the total amount of this contract is less than £500, the total amount shall be paid upon signing this contract.
If collection proves necessary, the Client agrees to pay all fees incurred by that process including reasonable solicitors’ fees.
Additional items purchased by Developer at the request of the Client, such as fonts, photography, etc, will be billed to Client.
Any out-of-pocket costs, including but not limited to telephone charges, travel expenses, etc. shall be billed to client.
Any additional work requested that is not covered in this contract will require this contract to be amended, with payment for additional work made at such time.
Limit of liability
The content of your website is your responsibility and Ballyhoo Designs are not liable for any claims made against you arising from the content of your website.
Ballyhoo Designs can accept no liability for websites hosted outside our control - i.e. our liability ceases if we cease to arrange the hosting of your website.
- We agree to provide a working and properly hosted design.
- While the website is under development you may use it for evaluation and training purposes, including the setting up of users and the creation of content.
- We guarantee the website to be fit for its purpose. If it doesn't do what we say it will do we will fix it at our expense.
- We accept no responsibility or liability for the provision of content, or the day-to-day running of the website.
- Performance of the website will be affected by many factors outside our control. We accept no liability for variations in performance of the website. We do not guarantee the operation of the website will be uninterrupted or error-free.
- We accept no liability for loss of turnover, sales, revenue, profits or indirect, consequential or special loss arising out of the operation or non availability of the website, even if we have been advised of the possibility of such damages.
- We cannot be held responsible or liable for any material submitted by users whether or not the terms and conditions of the Contract have been accepted. In particular you are prohibited from posting or transmitting to or from the website any unlawful, infringing, threatening, libellous, defamatory, obscene or pornographic material or any other material that would violate any law.
- You agree to defend, indemnify and hold us harmless from and against any and all claims, losses, liabilities and expenses (including legal fees) related to or arising out of the services provided by us to you under this Contract, including without limitation claims made by third parties (including your customers) related to any false advertising claims, liability claims for products or services sold by you, claims for patent, copyright or trademark infringement, claims due to disruption or malfunction of services provided hereunder, or for any material submitted by you for inclusion by us.
- If you intend using the site for Internet electronic commerce purposes, you agree that you are solely responsible for complying with any laws, taxes and tariffs, and will hold harmless, protect, and defend us from any claim, suit, penalty, tax or tariff arising from your exercise of Internet electronic commerce.
- We make no representations or warranties about any other website or material that you may access through links or other references on the website.
- We provide tools which restrict some areas of the website to authorised users only. Access to and use of these areas is your responsibility. We cannot be held responsible or liable for unauthorised access to the website.
Refunds.
Refunds will not be given on any website design / update work started nor completed, or for any features placed on a website nor for domain names.
Third Party Programs/Scripts.
Developer does neither warranty nor guarantee any third party programs and/or web scripts that may be installed by Developer on Client’s website. Any programs and/or web scripts used for Client’s website which may require future updating/upgrading will incur additional fees.
Third party programs / web scripts include but are not limited to web edit type programs, ecommerce shopping carts, newsletter lists, forums, etc.
Timelines.
Developer and Client will work together to complete the website in a timely manner. Client must provide all information, pictures and graphics/images via email to Developer before work will begin on website and must be received within two (2) weeks of signing a Website Design Contract. Failure to supply all content for website by the deadline will result in forfeiture of deposit.
We agree to work expeditiously to complete the website no later than six (6) weeks from receiving payment for a signed Website Design Contract.
Warranty.
Developer warrants that it will provide the Client with a quality website in conformity with the information provided by the Client. Developer does not warrant that the operation of the webpages will be uninterrupted or error-free. The entire risk as to the quality and performance of the webpages and website is with Client. In no event will Developer be liable to the Client or any third party for any damages, including lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate these webpages or website. If any provision of this agreement is designated to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
In the event that the Client modifies and/or updates their website themselves, any warranty is voided.
Web Hosting.
Web hosting will not be renewed by Developer for Client until payment for such is received by Developer. Developer's web hosting Acceptable Use Policy can be found at http://www.ballyhoo.co.uk/ballyhoo_AUP.asp.
Unlimited use policy
We offer an effective unlimited use policy by using hosting facilities from a world-wide provider. In rare cases, if a customer uses server resources to such an extent that he or she may jeopardise server performance and resources for other customers, we reserve the right to suspend or terminate the hosting facility (this is an extremely rare occurrence).
Improper content
We will not knowingly permit the use of any illegal or inappropriate material in a website designed or hosted by us, and will only create websites in the English language.
Illegal Material - This includes (but is not restricted to) copyrighted works, commercial audio, video, or music files.
Inappropriate Material - This includes (but is not restricted to) all Adult Content including pornography, or otherwise lewd or obscene content.
In the event that we are informed of infringement of copyright, or any other legislation, we will immediately take steps to remove such material from either our own website, or from a website which has been produced or hosted by Ballyhoo Designs.
Website Suspension.
As stated above in Payment of Fees, non-payment after thirty (30) days of invoice date will result in suspension of website account(s) (if web hosting is provided by Developer) on the World Wide Web covered by the invoice until such time as payment has been received. Reactivation of suspended website(s) incurs a reactivation fee of £40.00 which shall be received by Developer before reactivation.
Transferring (or cancelling) your webhosting
You may cancel your webhosting contract, or transfer to a different hosting supplier at any time, provided your account is fully-paid up to the end of the hosting contract. We hope that you won't have any need to move away from us, and that you would discuss any concerns with us before looking for alternative hosting arrangements. If at any time in the future you should choose not to renew your contract with us, please tell us why .... we would like to know.
Ballyhoo Designs reserve the right not to renew, or to terminate, hosting at our discretion giving no less than 7 days notice.
Notice Period
In the case of an annual or biannual web hosting account being terminated by the client before their prepaid hosting term ends there will be a calendar month notice period. No refunds will be given to cancellations of hosting mid way through the contract.
VAT
We are not registered for VAT.
Privacy policy, and confidentiality
To communicate with you, and to provide content in your website, we require your name, address, phone number, e-mail address, etc.. We use this information to design and build your website and, to contact you.
If we need to contact you, we will contact you via e-mail or telephone first, and will write to you if e-mail or telephone are unsuccessful.
Any information provided by you will be used for Ballyhoo Designs purposes only.
However, Ballyhoo Designs will display your contact information on your website. It is your decision to decide whether all information is displayed on your website, or if some contact details are omitted. It is your responsibility to proof-read the web content to ensure that correct and pertinent details are displayed.
Your information will not be shared with individuals or other companies (such as direct mail organisations or other third parties) unless required by law.
We do our best to maintain the accuracy of any personal information you do supply to us. You can help us update and maintain the accuracy of any personal information you supply by informing us of any changes to your name, address, e-mail address, telephone numbers, etc..
Additional Info
Developer will not tolerate vulgar or threatening correspondence from clients -- this may result in immediate termination of project.
We reserve the right to change these terms and conditions at any time in the future.
The Terms and Conditions applicable at any particular time will be displayed on the website.
Please ensure that you refer to the website if you have any queries concerning current Terms & Conditions.
Any reference to "we" or "us" or "our" refers to Ballyhoo Designs.
Any reference to "you" or "your" refers to our Client.
Last Modified Monday, 20 October, 2008