Business Media Solutions – Terms and Conditions
If a written contract does not exist or if a contract is agreed in email form then the client, by using our services, agrees to adhere to the following terms:
- Payment Terms:
50% of the full purchase price must be paid in advance prior to work commencing. A final payment for the remaining 50% of the full purchase price must be paid at completion.
Completion means completion of the construction of the website, it does not mean the date of the launch of the website. An invoice will be issued to the client by Business Media Solutions.
Please note that, unless otherwise agreed, if paying in a currency other than sterling rates finally charged may vary due to currency fluctuations.
If a start and end date a not formally agreed, Business Media Solutions will complete projects as soon as possible but will not be held to and specific deadlines. After 30 days from date of invoice a 5% monthly interest fee will be added to the balance on account until the balance is paid. Business Media Solutions will not be responsible for payment of any third party software or licenses required for the build or continued operating of the website of software solutions.
All images and content to be included on the website must be provided by the client prior to the start date. If images are not supplied by the client prior to the start date Business Media Solutions may decide to use stock images and the client hereby accepts that the client will be responsible for additional payment to Business Media Solutions for the use of stock images. Photography services are also available at additional cost.
In the case of an ecommerce website Business Media Solutions will require all ecommerce product images prior to start date along with all product information, otherwise the client will be responsible for adding all products directly to the website via the admin panel. Business Media Solutions will not be responsible for any delays due to lack of information and the full responsibility for providing content rests solely with the client. Details of the additional cost for using stock pictures and any image manipulation are available on request.
It is the responsibility of the client, when providing images to be included in the website, to ensure that these images are not protected by any third party intellectual property rights. By proceeding the client hereby agrees to indemnify Business Media Solutions from any legal action brought by a third party for infringement of that third party’s intellectual property rights arising from and page designs or images contained within the client’s website. This indemnity will continue after completion and extends to grant indemnity for content for which Business Media Solutions can accept no liability and for any specific design formats specifically requested by the client.
If the client is providing designs for Business Media Solutions to use in the coding or development of a system then it is the clients responsibility to provide such designs in the exact formats required by Business Media Solutions. It is understood the client is fully aware of the required formats and that the client takes full responsibility for providing such formats.
The client agrees to provide all information, text, contents, contact details, profiles and any and all other information to be included in the website to Business Media Solutions prior to the start date / deposit payment date.
If additional information, images or changes are supplied by the client after the start date or deposit payment date, the client hereby accepts that Business Media Solutions will charge an additional £25.00 per hour to implement these changes.
- Functionality & Hosting
It is the responsibility of the client, when providing functionality requests and instructions to be included in the website, to ensure that these designs and functions are not protected by any third party intellectual property rights or patents. The client hereby agrees to indemnify Business Media Solutions from any legal action brought by a third party for infringement of that third party’s intellectual property rights or patents arising from any formatting with regards coding, processes, journeys or functions contained within the client’s website. This indemnity will continue after completion and extends to grant indemnity for design, content and functionality for which Business Media Solutions can accept no liability.
The client must specify all functionality prior to the start date. Business Media Solutions will discuss functionality with the client prior to the start date to assist the client with the options available. The hosting must be established prior to the completion date otherwise hosting charges will be invoiced. Business Media Solutions will endeavour to assist in this matter but ultimate responsibility remains with the client.
Business Media Solutions will not be liable for any loss in sales or business due to server downtime, human error, loss of emails or data, site downtime, site hacking, third party integrations or due to system failures, unless contracted with a Service Level Agreement. Business Media Solutions may use third party payment gateways and ESCROW facilities where appropriate to accept and process credit card payments. Business Media Solutions will not be responsible for any fraudulent transactions, failed transactions or any transfer of funds. The client hereby removes all liability from Business Media Solutions for any financial losses or third party losses. Business Media Solutions will permit the client to view all work prior to making it live online to the public and therefore the client hereby agrees to indemnify Business Media Solutions from any loss in sales, downtime or reputation due to site errors or problems. If Business Media Solutions are made aware of any such issues they will rectify them as soon as possible.
The full balance in payment will automatically become due on the completion date, without deduction. The client hereby agrees that in the event that delay is caused by the client’s failure to provide information, images, functionality or any other essential requirements, content or designs for the setting up of the website the client will pay the full balance due to Business Media Solutions on the completion date without deduction. Third party software integrations unless agreed in writing, will be timed and costed separately – all costs payable to third parties will be the responsibility of the client.
Where a client wishes to cancel this agreement the client will forfeit the 50% deposit and will be liable for any further costs including third party costs incurred by Business Media Solutions up to and including the date of cancellation. The client will also be responsible for all hosting costs associated with the production and testing phases. If the cost are not paid on receipt of invoice the interest will be added at 5% of the value of the total invoice.
By using Business Media Solutions services all clients confirm that they have read and understood the Terms & Conditions as set out in this Agreement.
NOTE: YOUR SIGNATURE ON A PRINTED COPY OF THIS AGREEMENT IS NOT REQUIRED. YOUR USE OF OUR SERVICES SHALL CONSTITUTE A VIRTUAL SIGNATURE, HAVING THE SAME FORCE AND EFFECT AS IF YOU HAD ACTUALLY SIGNED A PRINTED COPY OF THIS AGREEMENT.