Terms & Conditions
Please read these terms and conditions carefully before ordering any Services from BearShed Creative. You should understand that by ordering any of our Services, you agree to be bound by these terms and conditions.
In this Agreement the following words and expressions shall have the following meanings:
“Company” means BearShed Creative
“Customer” means the organisation stated in the Proposal.
“Project” means the products and services to be delivered to the Customer as described in the Proposal and/or Invoice.
“Proposal” means the document presented to the Customer outlining the Project details.
“Invoice” means the document requesting payment by the Customer for services completed or to be completed by the Company.
“Project Completion Date” means the date specified in the Proposal and/or Invoice stating when the Project will be completed.
“Live Mode” means the date the website is available on the Customers chosen domain.
“Domain” is the website address as specified by the Customer.
“Open Source Software” is software made freely available to anyone under the GNU General Public License (GPL).
“Third Party Resources” means resources provided by Third Party Suppliers which are necessary or deemed appropriate by the Company to the provision of the Services as detailed in the Proposal.
“Third Party Suppliers” means any third party, other than Associates, used by the Company at its sole discretion to provide Third Party Resources.
2. SERVICES & CONTRACT
2.1 The contract between the Company and the Customer will be on these conditions to the exclusion of all other terms and conditions. Any variations to these conditions shall have no effect.
2.2 Any work to be carried out by the Company shall be as set out in the Proposal and/or Invoice.
2.3 The Company will only commence work on a project after receipt of a deposit as laid out by the Proposal and/or Invoice.
2.4 Final payment is to be made on completion of work detailed in the Proposal and/or Invoice. Websites will only be switched to Live Mode once final payment had been made.
2.5 Any work carried out by the Company is deemed complete once final payment has been made. Final payment will be requested by way of an Invoice. The Invoice will detail any items that are completed by using the term ‘final payment’.
2.6 By way of final payment the Customer is approving the completed work as detailed on the Invoice. Any additional work or adjustments requested after final payment may be, at the sole desecration of the Company, subject to additional charges.
3.1 The Company shall expect the Customer to carry out sufficient research before proceeding with a website. This will include checking that the website / idea / business will operate legally within UK law. It is important that the website is not in anyway illegal.
3.2 Where images used on the website have been purchased by the Company on behalf of the Customer, these images are strictly for use on the website only. The Company is not liable for misuse of these images by the Customer or any other person/s copying, altering or distributing the images to individuals or other organisations.
3.3 The Company cannot be held responsible for anything adversely affecting the Customer’s business operation, sales, or profitability that they might claim is a result of a service offered or provided by the Company.
3.4 If a project timescale has been agreed with the Customer, the Company cannot be held liable for any costs incurred or loss of revenue by the Customer if a deadline has not been met, for whatever reason.
3.5 The Company reserve the right to utilise Third Party Resources including but not limited to; graphics, images, templates, themes, design elements, scripts and Open Source Software for the purpose of completing a Customer project. The Company will ensure that any Third Party Resources used will be correctly licensed or purchased for use on the Customers website.
3.6 The Company retains ownership of all design and code supplied by the Company or another third party until final payment has been made for that service as detailed in the Proposal and/or Invoice. Once final payment is received, any available ownership rights are passed to the Customer.
3.7 All images displayed on the Customer’s website are the sole responsibility of the Customer regarding usage, ownership and copyright. Should any legal issues or claims arise from the content or copyright of any images supplied by the Customer or Company, they will be the sole responsibility of the Customer.
4.1 The Company and the Customer agree to treat any company information received from the other which is confidential or proprietary in nature or which is specified by the Party providing the information as being confidential with the same degree of care and diligence with which they treat their own information that is of a confidential and proprietary nature and shall not disclose the same to any person, firm or company without the disclosing Party’s consent unless required by law. The provisions of this clause shall survive the termination of the Agreement for a period of 2 years, but the restrictions contained in this clause cease to apply to any information which is in the public domain.
5. TERMINATION OF THE AGREEMENT
5.1 The Agreement will terminate on the Project Completion Date or, if no Project Completion Date is specified in the Proposal, upon final payment of that project.
6. REFUNDS & CANCELLATIONS
6.1 For services including, but not limited to Graphic Design, Web Design and Development, there are no refunds once the design has been accepted and the Company have begun work.
6.2 Due to the close and constant communication between the Company and the Customer during the Agreement, no refunds are issued for completed work where final payment has been received.
6.3 If your services are terminated by the Company, due to violation of this Agreement a refund will not be issued.
7.1 Neither Party shall be liable for any default arising due to any act beyond the their control, including, but not limited to, acts of God, war, terrorist action, strike, lockout, industrial action, fire, flood, drought, tempest or failure of any telecommunications system.
7.2 This Agreement shall be governed by and construed in accordance with the laws of England and the Parties hereby submit to the exclusive jurisdiction of the English Courts
7.3 This Agreement is personal to the Customer and the Customer shall not assign or transfer or purport to assign or transfer to any other person any of its rights or sub-contract any of its obligations hereunder without the prior consent from the Company, which would not be unreasonably withheld.
7.4 No waiver by the Company of any breach of this Agreement by the Customer shall be considered as a waiver of any subsequent breach of the same or any other provision
7.5 If any provision of the Agreement is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of the Agreement and the remainder of the provision in question shall not be affected thereby
7.6 Any notice to be served on either of the Parties by the other shall be sent by pre-paid recorded delivery or registered post and shall be deemed to be been received by the addressee within seventy-two (72) hours of posting.
7.7 Headings in this Agreement are for convenience only and shall not affect the interpretation of the Agreement.