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Terms & Conditions of Service

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Terms & Conditions of Service

Effective: 23rd October 2018

These are the standard terms and conditions for the provision of BlueMoonCreative.Services (the “Supplier”, “we”, “us”) business services and apply to all contracts and all work undertaken by the Supplier for its clients (the “Client”, “you”).

Please read these terms and conditions carefully. It is not necessary for any client to have signed an acceptance of these standard terms and conditions for them to apply.

Content:

Pre-Contract Arrangement

BlueMoonCreative.Services will initially provide an estimated cost of work, via email, based upon a Clients request for service submitted via the website. Further information may be requested for larger projects.

If a Client wishes to pursue their interest in the service, upon confirmation of this request via email, one of the following will be completed:

  • For projects less than £500
    • A Business Services Proposal with confirmed quote will be submitted to the Client for review and agreement via email.
  • For projects greater than £500
    • Project Scope is to be defined and agreed by both parties.
    • We will submit a quote based on delivering the work required by us within the project scope for review and final agreement by the Client.

Quotations are valid for 14 days from date of issue.

For projects with costs estimated greater then £1000, the Supplier reserves the right to charge an administration fee of up to 10% of the initial cost estimate for work done in completing the project scope subject to a Contract for Services not being agreed by both parties.

Contract for Services

If a Client accepts a proposal / quote then the Client will be deemed to have satisfied themselves as to the standard terms applying and have accepted these terms and conditions. The Supplier accepts to provide the services defined under these standard terms.

Any purchase or use of our services implies that you have read and accepted our terms and conditions in full with specific amendments to any terms applying to be documented in the final Contract for Services or Project Acceptance Form.

Fees & Deposits

Unless agreed otherwise with the Client, all project services require an advance payment (deposit) of a minimum 30% of the project quotation total before the first phase work is commenced and / or supplied to the Client for review.

An interim charge of 40% is required following agreement on the first phase design and development elements, with the remaining 30% of the project quotation total due upon completion of the work, prior to final handover.

The initial 30% deposit is only refundable if we have not fulfilled our obligations to deliver the first phase work required under the agreement. The deposit is not refundable if the first phase work has been started and you terminate the contract through no fault of ours.

Supply of Materials

The Client is responsible for supplying all materials and information required by us to complete the work in accordance with any agreed specification. Such materials may include, but are not limited to, photographs / graphics, written copy, hosting and domain details, logos and other printed material.

The Client is responsible for the purchase of any premium cost materials, for example themes or plugins, and does so at their own risk should the materials not be utilised in the project.

Where there is any delay in supplying these materials to us which leads to a delay in the completion of work, we have the right to extend any previously agreed deadlines by a reasonable amount. Where you fail to supply materials, and that prevents the progress of the work, we have the right to invoice you for any part or parts of the work already completed.

Domain Names

The Client is responsible for purchasing or providing the domain name(s) for any website development.

BlueMoonCreative.Services may purchase domain names on behalf of the Client. Payment and renewal of those domain names is the responsibility of the Client. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of BlueMoonCreative.Services. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.

Hosting

The Client is responsible for providing hosting arrangements for their website, either in-house or via a 3rd party service provider. The Client agrees to grant BlueMoonCreative.Services temporary read/write access to the Client’s storage directories which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.

BlueMoonCreative.Services are able to offer hosting services to the Client via our own 3rd Party provider. This agreement is to be made under a separate contract and the Client must also agree to the terms and conditions of the 3rd Party provider.

Work Variations & Revisions

There will be a number of opportunities to make revisions to the project as we progress. However, we have the right to limit the number of revisions to a reasonable amount and may charge for additional work if you make significant changes to the original design specification.

Our development phase is flexible and allows certain variations to the original specification. However any major deviation from the specification will be charged at the rate of £25 per hour. Major deviation from the original specification may also lead to delay in the completion of work; we have the right to extend any previously agreed deadlines by a reasonable amount.

Client Responsibilities

Any time frames or estimates that we give are contingent upon the Clients full co-operation. During the project there is a certain amount of feedback required in order to progress to subsequent phases. It is required that a single point of contact be appointed from your side and be made available on a daily basis in order to expedite the feedback process.

Client Review

On completion of each phase of the project you will be notified and have the opportunity to review it. You must notify us in writing of any unsatisfactory points within 3 working days of such notification. Any of the work which has not been reported in writing to us as unsatisfactory within the 3 working days review period will be deemed to have been approved. Once approved, or deemed approved, work cannot subsequently be rejected and the contract will be deemed to have been completed and the balance of the project price to that point will become due.

Rejected Work

If you reject any of our work within the 3 working day review period, or do not approve subsequent work performed by us to remedy any points recorded as being unsatisfactory, and we, acting reasonably, consider that you have been unreasonable in any rejection of the work, we can elect to treat this contract as at an end and take measures to recover payment for the completed work.

Payment

BlueMoonCreative.Services will invoice the Client as per the contract agreement. Invoices are normally sent via email; however, the Client may choose to receive hard copy invoices. Invoice payment is due upon receipt.

Accounts that remain unpaid thirty (30) days after the date of the invoice, a discretionary service charge may be applied in the amount of the higher of one and one-half percent (1.5%) or £30 per month of the total amount due.

Additional Expenses

The Client agrees to reimburse the Supplier for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography etc or reimbursement of travel expenses for site visits (if required).

Subcontracting

We reserve the right to subcontract any services (or part of service) that we have agreed to perform for you in completing the contract. We will notify you, in advance, with details relating to the nature of the service being subcontracted and the reason why it is necessary.

Design Credit

For a Client website; A link to BlueMoonCreative.Services will be placed in either small type or via a graphic (our logo or small banner) in the footer. If a graphic is used, it will be designed to fit in with the overall site design.

Subject to no prior agreement, if a client requests that the design credit be removed, we reserve the right to charge a nominal fee of 10% of the total project cost (minimum charge £50).

The Client also agrees that the project work completed for the Client may be presented in the BlueMoonCreative.Services portfolio, subject to any prior non-disclosure agreement.

Intellectual Property Rights and Copyright

The Client must obtain all necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names and trade marks, or any other material that you supply to us to include in your website, web applications or business projects. You must indemnify us from any claims or legal actions related to the content of your website.

Upon satisfactory completion of the contract, all rights previously assigned to the Supplier in developing the project will be assigned to the Client. Physical copies of all copyright material will be given to the Client and at such time they will take responsibility for suitable storage.

Consequential Loss

We shall not be liable for any loss or damage which you may suffer which is in any way attributable to any delay in performance or completion of our contract, however that delay arises.

Non Disclosure Agreement

We (and any subcontractors we engage) agree that we will not at any time disclose any Client confidential information to any third party or at any time disclose any other information relating to our contract agreement without full and written permission of the Client.

No Exclusivity

Both Parties expressly acknowledge that this Agreement does not create an exclusive relationship between the Parties. The Client is free to engage others to perform services of the same or similar nature to those provided by the Supplier, and the Supplier shall be entitled to offer and provide business services to others, solicit other clients and otherwise advertise the services offered by the Supplier.

Governing Law

The formation, construction, performance and enforcement of this Agreement shall be in accordance with the laws of the United Kingdom without regard to its conflict of law provisions or the conflict of law provisions of any other jurisdiction.

Liability

BlueMoonCreative.Services hereby excludes itself, its Employees and or Subcontractors from all and any liability from:

  • Loss or damage caused by any inaccuracy;
  • Loss or damage caused by omission;
  • Loss or damage caused by delay or error, whether the result of negligence or other cause in the completion of the project;
  • Loss or damage to clients’ artwork / photos, supplied for the project. Immaterial whether the loss or damage results from negligence or otherwise.

The entire liability of BlueMoonCreative.Services to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.

Severability

Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall nevertheless remain in full force and effect and the invalid or unenforceable provision shall be replaced by a valid or enforceable provision.

Changes to our Terms & Conditions of Service

The contents of these Terms & Conditions of Service may be revised at any time, at our discretion. We conduct regular reviews of these Terms & Conditions of Service and any revisions will be referenced on this page. [Revisions apply to new service agreements only. Current contracts may be updated subject to the written agreement of both parties ]

You acknowledge and agree that it is your responsibility to review the Terms & Conditions of Service and by way of entering into an agreement for services, you agree to be bound by the Terms & Conditions of Service. These Terms & Conditions of Use are effective from 23rd October 2018.

Contact Us

If you have any questions regarding the Terms & Conditions of Service please contact us:

via email
via Contact Us page

Policy Revisions:

Original Version: 23rd October 2018

 

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