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BBMG TERMS AND CONDITIONS
OF SALE |
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Definitions |
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"BBMG" means Bread And Butter Group of 3rd Floor, Queensbury House, 106 Queens Road, Brighton, BN1 3XF |
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"Client" means any individual, company, partnership, organisation or body requesting the services of BBMG |
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"Agreement" means the contract between BBMG and the client to which these conditions will apply. |
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"Order" means confirmation by the client of their acceptance of the Agreement given by BBMG |
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"Parties" means BBMG and The Client |
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| 1. |
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The Agreement |
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Upon the Client and BBMG signing The Agreement it shall be deemed that both Parties undertake their responsibilities within The Agreement which consists of the following, |
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| Page 1 |
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Financial Summary |
| Page 2 |
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Non Disclosure, Working Agreement & Terms Of Contract |
| Page 3 |
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Domains & Emails |
| Page4 |
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Hosting, Servers & Email accounts |
| Page 5 |
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Design, Development and Contracts |
| Page 6 |
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Active Marketing Services |
| Page 7 |
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Active Guarantees and ICO Registration |
| Page 8 |
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Production and Payment Schedules |
| Page 9 |
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Standing Orders |
| Page 10 |
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Deposit Invoice |
| Page 11 |
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Interim Invoice |
| Page 12 |
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Balance Invoice |
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These pages form the agreement of
the initial schedule of works to the client as well as guarantees offered to the
client from BBMG. BBMG are obligated to complete the works carried out
within the agreed Production schedule and the client is required to make
payments as agreed in the payment schedule. In the case of the acceptance
of proofs by the client, this can either be in the form of a signature
by the client contained within a printed version of the design or by
making payment to BBMG for the relative production stage. |
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| 2. |
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Intellectual Property & Copyright: |
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BBMG retains ownership of all intellectual property, including source code and original images created for the client until payment of the final invoice. At this time ownership rights will be transferred to the client. Any scripts, CGI applications, PHP scripts, or software (unless specifically agreed) written by BBMG remain the copyright of BBMG and may only be commercially reproduced or resold with the permission of BBMG |
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Client's Responsibilities with regard to Intellectual Properties: |
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In situations where the client provides images, text, animations, layouts or any other content for their website/development they are legally responsible for ensuring that this material does not infringe any Intellectual Properties. BBMG cannot take responsibility for any infringements caused by materials submitted by the client. BBMG reserves the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material. |
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Conceptualising: |
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Conceptualising is the process of
producing website concepts for clients. Concepts can include but not limited to site mock
ups, graphics and design proposals and should be accepted at it covers any design or part of that is sent by BBMG to the client. Any of this work that is not used by the client remains the property of BBMG. |
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Products And Services: |
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Wherever possible BBMG use their own facilities and technology, however in some instances they will use a third party. BBMG will not be liable for any losses or costs incurred, compensation or loss of earnings due to the failure of a third party. |
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BBMG reserved the right to add or remove services as they see fit that suit in with their general market and clients requirements. |
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Email Campaigns: |
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All data initially passed to BBMG is the legal responsibility of the Client and must adhear to the regulations established by The Advertising Standards Authority. BBMG will not accept the legal responsibility of any initial data and will take immediate legal action against any client that endangers the reputation of BBMG's IP adresses from providing bad or incorrectly obtained data. |
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All data collected on behalf of the Client by BBMG remains the property of the client at all times. This data, BBMG take full legal responsibility for it's use, whilst in their control. |
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Stock Photography: |
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Certain images provided by BBMG may have been purchased under licence from stock image suppliers. These images will be provided to you under licence from the copyright holder for the purpose of the work carried out. If the client wishes to use these images for any other purposes they are required to contact BBMG for clarification. |
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Database, Application and E-Commerce Development: |
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BBMG cannot take responsibility for any losses incurred by the use of any software created for the client. Whilst every care is taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client to ensure that all software is functioning correctly before and during use. Any scripts, applications or software (unless specifically agreed) written by BBMG remain the copyright of BBMG and may only be commercially reproduced or resold with the permission of BBMG. Where applications or sites are developed on servers not recommended by BBMG the client is expected to provide or seek any information, additional software, support or co-operation pertaining to the server required in order for the application to be correctly developed. Where large applications are to be developed on servers not recommended by BBMG, it is the client's responsibility to provide a suitable testing environment which is identical to the final production environment. The client is expected to test fully any application or programming relating to a website developed by BBMG before it is made generally available for use. Where "bugs", errors or other issues are found after the site/development is live, BBMG will endeavour (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief. |
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Web & Email Hosting: |
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For sites and domains hosted by BBMG, no guarantees can be made as to the availability or interruption of this service. BBMG cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss. BBMG reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial, and also to terminate the hosting service should the necessity arise.
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Registration Charges:
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All third party costs arising from any registrations required shall be met by the client. Domain names registered on behalf of the client by BBMG are the property of the client. For convenience BBMG acts as the administrator on the client's behalf. BBMG agrees to transfer any domain names to the client immediately upon request subject to the clients account being paid in full. |
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Search Engine Promotion: |
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If Search Engine Optimisation has been agreed as part of the website development contract the client must be aware that BBMG is not responsible for ongoing web site promotion unless otherwise instructed by the client. Should the client require the site to be promoted on an ongoing basis a separate contract must be agreed. The order in which website's are ranked in the natural search results is controlled by the search engines. While BBMG can optimise the client's site initially for this by making it search engine friendly, it is impossible to make any guarantees on ranking position. |
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Client Responsibility:
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The client agrees to make available as soon as is reasonably possible to BBMG all materials required to complete the site to the agreed standard and within the set deadlines. BBMG will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines outside of the deadline guarantee if signed by both parties in the agreement. |
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Quotations: |
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Should the client decide that changes are required after work has commenced, then the changes will be charged at the same rates as shown on the agreement. Unless otherwise agreed, any quotation provided will be valid for 30 days from the date of issue. |
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Payment of Accounts: |
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All payments will be made in accordance
to the payment schedule as agreed and signed by both parties in the agreement.
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Any outstanding accounts for work carried out by BBMG or its affiliates under instruction from the client are required to be paid in full on the date agreed.
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Accounts that have not been settled within 14 days of the due date will incur a late payment charge of 10% of the amount outstanding. Any unpaid balance due shall bear interest at the rate of 8% interest compounded per annum, costs of collection including Court costs and reasonable legal fees shall be added as principal amounts to such balance. |
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Suspension Of Service: |
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Where the client has not settled their account within 30 days of the due date BBMG reserve the right to suspend all services belonging to the client. |
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Refund Policy: |
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After work on a website or project commences any fees paid are not refundable. |
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Cancellation: |
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Should the client wish to cancel at any point during the project they shall remain liable for the work that has taken place up and to the agreed payment schedule timeline as signed by both parties. |
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Payment Methods: |
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Unless otherwise agreed, payment
is only accepted by direct bank transfer (BACS or CHAPS), cheque or bankers
draft in UK Pounds Sterling. If a cheque is returned by the bank as unpaid
for any reason, the client will be liable for an additional administration
fee of £30
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Support: |
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Website's will be handed over as a fully functioning, completed work. BBMG accept no liability for any errors or breakdown of the website if it is not hosted on their servers. Website's are offered as a single contract and no guarantee of the availability or compatibility (including rendering compatibility with future browsers or future versions of existing browsers). |
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Malicious Activity: |
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Problems caused by malicious software, spy ware, viruses and website hacking are a fact of life on today's Internet. It is highly unlikely that these will affect the client's website, and BBMG will endeavour to protect it from this as much as possible during its creation, but after the website is handed over BBMG cannot be held responsible for problems caused by illegal activity or the actions of others. |
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Compliance with Ecommerce, Accessibility or Other Regulations: |
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BBMG develops website's in accordance with the client's specifications. It is the client's responsibility to ensure that the website and its content comply with current online trading laws and regulations. BBMG cannot accept responsibility for any failure to comply with laws and regulations related to accessibility, selling online or those related to a specific business or trade. Research can be undertaken on the client's behalf upon request, but in any business where complex compliance issues may exist it is recommended that the client takes legal advice. |
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Design Credit: |
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A link to BBMG will appear in either small type or by a small graphic at the bottom of the client's website. If a graphic is used, it will be designed to fit in with the overall site design. |
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By agreeing to these terms and conditions your statutory rights are not affected. |
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BBMG reserves the right to change or modify any of these terms or conditions. Should clarification of any of the above be required please contact us. |
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This Agreement shall be governed by English Law. |
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Last updated: 28th January 2010 |
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