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Terms & Conditions

Terms & Conditions

Revised: 30th September 2009

Please take the time to read these important conditions.

If there are any ambiguities that need to be clarified, or if you have any further questions regarding our terms, please contact us on terms@budgieweb.co.uk.

1. Contract:

The client's approval for work to commence shall be deemed a contractual agreement between the client and budgieweb. Important: Approval for the work to commence and payment of the advance fee indicates that the client accepts the terms and conditions outlined in this document.

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2. budgieweb Intellectual Copyright:

budgieweb will hold intellectual copyright of any material, including any source code and original images created for the client until payment of the final invoice. At this time we will transfer this intellectual copyright to the client.

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3. Client's Responsibilities with Regard to Copyright:

In situations where the client provides images, text, animations or any other content for their website they are legally responsible for ensuring that this material does not infringe any copyright. Certain images provided by budgieweb in the construction of the website may have been purchased under licence from stock image suppliers. These images are generally only licensed for use on a single website and may not be used in publicity material. The website owner is legally responsible for ensuring that this does not happen. If you wish to use any images from the site for other purposes please contact us for clarification.

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4. Search Engine Promotion:

budgieweb are not responsible for the client's on-going web site promotion. Should the client require the site to be promoted on an ongoing basis a separate contract must be agreed. The order in which websites are ranked in the natural search results is controlled by the search engines. While we can optimise your site for this (service fees apply) we are unable to make any guarantees about the success of any search engine promotion activity.

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5. Cancellation:

Should the client wish to cancel at any point during the process they shall remain liable for the work that has taken place and shall be invoiced accordingly.

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6. IMPORTANT! Failure to Provide Required Website Content:

We are a small business. To remain efficient we must ensure that work we have programmed is carried out at the scheduled time. On occasions we may have to reject other work and enquiries to ensure that your work is completed at the time arranged.

This is why we ask that you provide all the required information in advance. On any occasion where we cannot progress your website because you have not provided the required information when you have agreed to do so, and we are delayed as result, we reserve the right to impose a surcharge of up to 25%. Also, if your job involves Search Engine Optimisation we need the text content for your site in advance so that the SEO can be planned and completed efficiently.

If you agree to provide us with the required information and subsequently fail to do within four weeks of project commencement we reserve the right to close the project and the balance remaining becomes payable immediately. Simply put, all the above condition says is do not give us the go ahead to start until you are ready to do so.

NOTE: Text content should be delivered as a Microsoft Word (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website. These pages should have the same titles as the agreed website pages. Contact us if you need clarification on this.

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7. Conceptualising:

Conceptualising is the process of producing website concepts for clients. Concepts can include site mock ups, graphics and design proposals. For higher cost websites this will be included but for low cost sites (below £1000) please bear in mind that unless previously agreed, only one concept is possible. You should therefore ensure that you let us have your preferred colour scheme and design requirements beforehand. If you don't do this we will design the website appropriately but if it is not to your taste we may not be able to rework the website without additional charges. This is why it is often best to show us another website that you like as an example of what you require.

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8. Travel Time and Expenses:

Travelling time to and from customer premises is not generally included in our estimate. budgieweb reserve the right to make a charge for travelling time at our normal consultancy rates. Likewise budgieweb reserve the right to charge for travelling expenses based on 45p per mile. (NOTE: There will be no charges for travelling time or expenses incurred before you give your approval for work to commence.)

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9. Quotations:

The price quoted to the client is for the work agreed on the quotation only. Should the client decide that changes are required after work on the website commences, then we will accept these changes with the provision that additional charges may have to be negotiated.

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10. Advance Payment:

An advance of 50% of the total cost of the project is required before work can commence. After work commences this is non-refundable.

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11. Payment Terms:

Payment is currently accepted by cheque or bankers draft in UK Pounds Sterling, unless otherwise agreed. If your cheque is returned by the bank as unpaid for any reason, you will be liable for a "returned cheque" charge of £25.

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12. Credit Card Payments:

Credit card payments can also be accepted via our PayPal electronic invoice system. These are subject to a 4% surcharge. (Full payment is required in advance if paying by credit card).

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13. Payment:

Payment of any balance will be due within 30 days of final invoice date. Full publication of the Web Pages may take place only after full payment has been received. Any material previously published may be removed if payment is not received. When this occurs a minimum charge of £50 will be required to have the site restored.

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14. Late Payment:

Accounts that have not been settled within 7 days of our final reminder will incur a late payment charge of 10% of the amount outstanding. You will also be charged statutory interest of 8% above the reference rate (fixed for the six month period within which date the invoices became overdue) pursuant to the late payment legislation.

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15. Future Support:

The website is provided to and accepted by the client as a fully functioning, completed work. budgieweb is not responsible for future support. This support can normally be provided upon request and for an agreed fee. No guarantee of future support is given unless an ongoing support package is negotiated.

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16. Future Site Problems:

Unfortunately malicious software, spyware, viruses and website hacking are facts of life on today's Internet. It is highly unlikely that these will affect your website, and budgieweb will endeavour to protect it from this as much as we can during its creation. We cannot be held responsible for problems that develop on completed sites as a result of illegal activity.

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17. Compliance with Ecommerce, Accessibility or Other Regulations:

We design websites in accordance with the client's specifications. It is the client's responsibility to ensure that the website and its content comply with standing regulations. We cannot accept responsibility for any failure to comply with regulations related to accessibility, selling online or those related to a specific business or trade. We can research this on the client's behalf upon request, but in any business where complex compliance issues exist we recommend that the client takes legal advice from their company lawyer.

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18. Refunds

  • The refund can only be applied where a delivery date has been agreed between budgieweb and the customer. This delivery date will always be confirmed to the customer by budgieweb, within the order agreement, by the means defined by the customer.
  • The delivery date will only become binding once accepted by the customer and upon receipt of any initial payment due by the customer, by the date specified for receipt of this payment and confirmation, as set out within the order agreement.
  • All due payments must be cleared before budgieweb can commence on the product.
  • Where agreement and/or any payment due is received after the date defined within the order acknowledgement, then budgieweb reserves the right to amend the delivery date in line with its order schedule.
  • Where a new delivery date is set, due to a delay in the receipt of order agreement and/or any initial payment due from the customer, or due to a delay in clearing that payment, then a new delivery date must be agreed between the customer and budgieweb.
  • Work will not commence on any product until a delivery date has been agreed between budgieweb and the customer and the funds from any required payment has cleared into the budgieweb bank account.
  • Where a new delivery date cannot be agreed between the customer and growonline then either budgieweb or the customer reserves the right to cancel the order. (please refer to re-imbursement of funds on cancelled orders)
  • All refunds will be confirmed to the customer by the method agreed with the customer.
  • All refunds will be released by budgieweb within 28 working days of the date of the refund confirmation issued by budgieweb to the customer receiving the refund.

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19. Features

The following features relate to the budgieweb £99 package:

  • The email addresses must be ordered when the order for the £99 package is placed.
  • The email addresses can only be associated with the domain that is ordered as part of the £99 package.
  • If the domain does not successfully register, the domain name cannot be used for the email addresses.
  • This feature does not include any integration with any mail package or have any mailbox features. Each of the emails will be forwarded to one of your existing email accounts.

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Notes:

Should budgieweb waive any of these terms on an individual basis, this shall not affect the validity of remaining clauses or commit budgieweb to waive the same clause on any other occasion. By agreeing to these terms and conditions your statutory rights are not affected. budgieweb reserves the right to change or modify any of these terms or conditions at any time. Should clarification of any of the above be required please contact us at terms@budgieweb.co.uk

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20. Reserved Rights

budgieweb reserves the right to reject any order that does not fit with our design policy, which prevents us from designing sites with certain content. Examples of such content includes:

  • Illegal content
  • Pornographic content or links to pornographic material
  • Defamatory material

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budgieweb is a responsible web services provider, which aims to provide clear statements of it's products and pricing structures. If you think we have failed to accomplish this, we would appreciate it if you would inform us using the Contact Us menu link above (or click here. We will endeavour to correct any inaccuracies or ambiguities without unnecessary delay.
 
 
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