Bhail Web Design Terms & Conditions

The Bhail Web Design Terms & Conditions govern your use of the Bhail Web Design website & your relationship with Bhail Web Design.

Terms & Definition

The following terms used within the Terms & Conditions are taken to have the following definition:

  • Client - The Company, Business or Individual to whom a service or goods are provided
  • Design Agency - Bhail Web Design or any of its legally appointed subsidiaries that are providing a service or goods
  • Contract - A specific Contract related to specified services
  • Source Code - Source Code is any collection of computer instructions written using some human-readable computer language, usually as text, compiled or otherwise, for a specific task.

Use of the Bhail Web Design Website

The Bhail Web Design Site is provided to you free of charge for your personal use subject to these Terms & Conditions & our Privacy and Cookies Policy.

By using the Bhail Web Design Site you agree to be bound by these Terms & Conditions & our Privacy and Cookies Policy.

Amendments

Bhail Web Design may update these Terms & Conditions from time to time & any changes will be notified to you via the e-mail address provided by you on registration or via a suitable announcement on the Bhail Web Design website. The changes will apply to the use of the Bhail Web Design website after we have given notice. If you do not wish to accept the new Terms & Conditions you should not continue to use the Bhail Web Design. If you continue to use the Bhail Web Design website after the date on which the change comes into effect, your use of the Bhail Web Design website indicates your agreement to be bound by the new Terms & Conditions.

Registration

The User accepts on registering to abide with the Bhail Web Design Terms & Conditions.

To register with Bhail Web Design you must be over eighteen years of age. You must ensure that the details provided by you on registration or at any time are correct & complete. You must inform us immediately of any changes to the information that you provided when registering by updating your personal details.

Password & Security

When you register to use the Bhail Web Design website you will be asked to create a password. You must keep this password confidential & must not disclose it or share it with anyone. You will be responsible for all activities & agreements that occur or are submitted under your password. If you know or suspect that someone else knows your password you should notify us by contacting Client Services (see below for contact details) immediately. If Bhail Web Design has reason to believe that there is likely to be a breach of security or misuse of the Bhail Web Design website, we may require you to change your password or we may suspend your account.

Security & Fraud

If Bhail Web Design reasonably believe that the Client is acting unlawfully, illegally or immorally Bhail Web Design reserves the right to suspend or cancel any existing or future Location Hire Agreements & also to suspend or cancel your account or registration with Bhail Web Design. Bhail Web Design also reserves the right to take any further action it deems appropriate in such instances.

Intellectual Property

Any Source Code provided and/or developed for a Client by the Design Agency would remain the sole intellectual property of Bhail Web Design. The Design Agency gives, on payment in full of a Contract, the Client express permission to use the Source Code for its purpose as assigned in the Contract & not for any other use whatsoever. The Design Agency assumes no liability or provides any warranty for any errors that may be discovered in the source code at any stage during or after the Contract.

Contract

The Contract constitutes a legally binding contract between the Client & the Design Agency for the provision of services and/or goods at an agreed hourly rate or fixed price.

The Contract is specific to a Client & is not transferable between Clients without express permission or approval, in writing, by Bhail Web Design.

Contract Fee

The Contract Fee can either be an agreed rate chargeable per hour or a fixed price. In the case of an hourly rate it is the responsibility of the Design Agency to provide the Client with Timesheets at least once a month together with the appropriate invoice for immediate payment unless otherwise specified. In the case of a fixed price Contract, the sum may be sub-divided & due at various stages of the design & development as agreed in advance. A deposit may be due in both instances.

There may be additional costs incurred by Third Parties during the Contract. Such costs should be paid by the Client either to the Design Agency or the Third Party upon demand.

All rates, unless otherwise specified, are in United Kingdom Sterling.

Breach of Contract & Refunds

Once a Contract has been agreed, a period of no less than 30 days would be required for the cancellation of the Contract by any party.

The cancellation can be made online or in writing to Bhail Web Design. Bhail Web Design will in turn confirm in writing advising of any payments or refunds due.

The cancellation of any payment including cheque, direct debit, bank transfer or standing order or non-payment is interpreted as a breach of contract.

In the event of a Breach of Contract Bhail Web Design reserves the right to claim any remaining sums due in full together with any further administrative costs incurred together with the appropriate interest at the prevailing rate or to retain all rights & ownership of the developed software. In instances of the latter Bhail Web Design may sell the development including domains & source code. In such instances, Bhail Web Design reserves the right to suspend or cancel the Contract without further notice.

There may be occasions where a Contract cannot be fulfilled due to unforeseeable circumstances or acts of God such as a liquidation, receivership, fire or flood. In such instances, the Contract would be deemed null & void.

Client Obligations

The Client on entering into a Contract with Bhail Web Design agrees to pay the Design Agency promptly in accordance with the terms & conditions as specified within the Contract. The Client agrees to provide all the material requested or agreed in the Contract such as editorials, product information etc. in a timely manner for the completion of the Contract.

The Client accepts that SEO & SMO may not result in a website being promoted in Search Engines results & where it is, that such promotion may not be permanent. The Client understands that Search Engine Rankings are conducted by Search Engine Providers & that the formula or algorithm that they use is subject to regular changes & that such changes are outside of the control or responsibility of the Design Agency.

The Client accepts that it is not the responsibility of the Design Agency for any data entry unless explicitly agreed within the Contract. The Client agrees to take full & final responsibility for any of the information displayed or produced on a website.

The Client accepts that Bhail Web Design reserves the right to suspend or cancel a Contract without notice if it believes there has been any violation of the Bhail Web Design Terms & Conditions.

The Client agrees to pay for any expenses or disbursements incurred by the Design Agency in pursuit of completing a Contract such as web hosting costs, SSL Certificates etc.

The Client accepts where a Contract has been entered into, this forms a contractual & legal obligation between the Client & Bhail Web Design. The Client agrees to allow the Design Agency to Design & Develop a web solution without any hindrance or interference.

The Client permits the Design Agency to use any photographs & video gathered during the requirement specification stage for use in the Website Design & Development.

The Client accepts & agrees that Bhail Web Design are not liable, financial or otherwise, or accountable of any breaches whatsoever of the Contract.

Complaints & Disputes

Any complaints & disputes should in the first instance be addressed or communicated formally to Bhail Web Design

In the event that a dispute cannot be resolved, Bhail Web Design agrees to enter into dialogue through third-party mediation.

Third Party

No third party shall have any right under the Contract (Rights of Third Parties) Act 1999 to enforce any of these Terms & Conditions.

Clarification of Terms & Conditions

If you have any further queries or require further clarification of the Terms & Conditions, please feel free to contact Bhail Web Design at