The following terms and conditions apply to all website development and design services provided by Banbridge Website Studio Limited (BWSL) to the Client. Last updated: 4 June 2024.
1. Acceptance
It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. By accepting a quote, the Client is deemed to have satisfied themselves with these terms and conditions and accepted them in full. Please read these terms carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.
2. Charges
Charges for services provided by Banbridge Website Studio Limited are defined in the project quotation received by the Client via email or in writing. Quotations are valid for 30 days. Banbridge Website Studio Limited reserves the right to alter or decline to provide a quotation after this period. Unless agreed otherwise, all website design services require an advance payment of a minimum of 60% of the project quotation total before the work is supplied for review. The remaining 40% is due upon completion of the work, or after 31 days from the initial payment, whichever is sooner, prior to upload to the server or release of materials. Payment can be made by bank transfer or direct debit and credit card payment.
3. Client Review
Banbridge Website Studio Limited will provide the Client with an opportunity to review the appearance and content of the website during the design phase and once the overall development is completed. At the completion of the project, materials will be deemed accepted and approved unless the Client notifies Banbridge Website Studio Limited otherwise within 10 days of the materials being made available.
4. Turnaround Time and Content Control
Banbridge Website Studio Limited will install and publicly post or supply the Client’s website by the date specified in the project proposal or agreed date upon receiving initial payment, unless a delay is specifically requested by the Client and agreed by Banbridge Website Studio Limited. The Client agrees to delegate a single individual as a primary contact to aid Banbridge Website Studio Limited in progressing the commission satisfactorily. The Client will need to provide website content, including text, images, movies, and sound files, etc., to populate the website.
5. Failure to Provide Required Website Content
To ensure efficiency, we must schedule work accordingly. If progress is delayed due to the Client’s failure to provide required information in the agreed timeframe, we reserve the right to impose a surcharge of up to 25%. If the project involves Search Engine Optimisation (SEO), the text content must be agreed upon in advance. Failure to provide the required information one week before the project completion date may result in project closure, and the remaining balance will become payable immediately. Banbridge Website Studio Limited agrees to make periodic updates to commissioned and hosted sites, subject to a fair usage clause, not exceeding 3 hours of development time per site per annum. Text content should be delivered in Apple Pages, Microsoft Word, PDF file, email, or similar formats. If commissioning a CMS website, you will be provided with a content management system to keep your content updated.
6. Payment
Invoices will be provided by Banbridge Website Studio Limited upon completion but before publishing the live website. Invoices are usually sent via email, but the Client may request hard copies. Invoices are due upon receipt. Accounts unpaid 30 days after the invoice date will be assessed a service charge of 20% or £30 per month of the total amount due, whichever is greater.
7. Additional Expenses
The Client agrees to reimburse Banbridge Website Studio Limited for any additional expenses necessary for the completion of the work, such as special fonts, stock photography, plugins, etc. Payment for these additional materials will be required before purchase.
8. Web Browsers
Banbridge Website Studio Limited designs websites to be viewed by most visitors using the most popular current browsers (e.g. Firefox, Microsoft Edge, Google Chrome). We cannot guarantee functionality with all browser software across different operating systems and do not accept responsibility for web pages that do not display correctly in obsolete or new versions of browsers released after the website is handed over. Banbridge Website Studio Limited reserves the right to quote for work involved in changing the website design or code to work with updated browser software.
9. Default
Accounts unpaid 30 days after the invoice date will be considered in default. If the Client in default maintains any information or files on Banbridge Website Studio Limited’s web space, Banbridge Website Studio Limited will remove all such material at its discretion. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges. Cheques returned for insufficient funds will incur a return charge of £25, and the Client’s account will be in default until full payment is received. Clients in default agree to pay Banbridge Website Studio Limited reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred in enforcing these Terms and Conditions.
10. Termination
Termination of services by the Client must be requested in writing or by email and will be effective upon receipt. Telephone requests for termination will not be honoured until confirmed in writing or email. The Client will be invoiced for design work completed up to the date of first notice of cancellation, with payment due within 30 days.
11. Indemnity
All Banbridge Website Studio Limited services may be used for lawful purposes only. You agree to indemnify and hold Banbridge Website Studio Limited harmless from any claims resulting from your use of our service that damages you or any other party.
12. Copyright
The Client retains copyright to data, files, and graphic logos provided by the Client and grants Banbridge Website Studio Limited the rights to publish and use such material. The Client must obtain permission and rights to use any third-party copyrighted information or files. The Client is responsible for granting Banbridge Website Studio Limited permission and rights for use of such materials and agrees to indemnify and hold Banbridge Website Studio Limited harmless from any claims resulting from the Client’s failure to obtain proper copyright permissions. A contract for website design and/or placement guarantees that the Client has obtained all necessary permissions and authorities. Evidence of permissions may be requested.
13. Standard Media Delivery
Unless specified otherwise in the project quotation, this agreement assumes text will be provided by the Client in electronic format (text files delivered on a USB drive or via email or FTP) and all photographs and other graphics in .gif, .jpeg, .png, or .tiff format. Although every reasonable attempt will be made to return images or printed material provided for website creation, such return cannot be guaranteed.
14. Design Credit
A link to Banbridge Website Studio Limited will appear in small type or by a small graphic at the bottom of the Client’s website. If a graphic is used, it will fit with the overall site design. If a client requests removal of the design credit, a fee of 20% of the total development charges will be applied. When total development charges are less than £500, a fixed fee of £100 will be applied. The Client also agrees that the website developed for the Client may be presented in Banbridge Website Studio Limited’s portfolio.
15. Access Requirements
If the Client’s website is to be installed on a third-party server, Banbridge Website Studio Limited must be granted 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.
16. Post-Placement Alterations
Banbridge Website Studio Limited cannot accept responsibility for any alterations caused by a third party occurring to the Client’s pages once installed. Such alterations include, but are not limited to additions, modifications, or deletions.
17. Domain Names
Banbridge Website Studio Limited can purchase domain names on behalf of the Client. Payment and renewal of those domain names are the responsibility of the Client. The loss, cancellation, or otherwise of the domain brought about by non or late payment by the Client is not the responsibility of Banbridge Website Studio Limited. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.
18. General
These Terms and Conditions supersede all previous representations, understandings, or agreements. The Client’s acceptance via email, text, or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.
19. Governing Law
This Agreement shall be governed by Northern Ireland Law.
20. Liability
Banbridge Website Studio Limited hereby excludes itself, its Employees, and Agents from all and any liability from loss or damage caused by any inaccuracy, omission, delay, or error, whether the result of negligence or other cause in the production of the website. Loss or damage to clients’ artwork/photos supplied for the site, immaterial of whether the loss or damage results from negligence or otherwise. The entire liability of Banbridge Website Studio Limited 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.
21. Severability
In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired, and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid clause.
