Standard Terms and Conditions for website design and development

By placing an order with BRIGHT FUTURE WEBSITES you confirm that you are in agreement with and bound by the terms and conditions below.

Definitions:
The Client: The company or individual requesting the services of BRIGHT FUTURE WEBSITES.

BRIGHT FUTURE WEBSITES: Primary designer/site owner & employees or affiliates.

General BRIGHT FUTURE WEBSITES will carry out work only where an agreement is provided either by email, telephone, mail or fax.

BRIGHT FUTURE WEBSITES will carry out work only for clients who are 18 years of age or above.

An 'order' is deemed to be a written or verbal contract between BRIGHT FUTURE WEBSITES and the client; this includes telephone and email agreements and the placing of an 'order' is deemed to be acceptance by the client of the Terms and Conditions set out here.

Additional Information
Text - Final text shall be supplied by the client. This should be supplied in a digital format on disc or by email.

Custom Graphics - Graphics, bullets, lines, coloured or textured backgrounds as well as photographs/graphics used in the design are included unless otherwise stated (such as Stock Photography).

Search Engine Optimisation - At no time does BRIGHT FUTURE WEBSITES promise or imply that we guarantee client’s website a certain rating in the search engines.

Fees and Maintenance
BRIGHT FUTURE WEBSITES will execute this website design as discussed with the client. In case the client desires additional web pages beyond the original number specified in the proposal documents, the client agrees to pay BRIGHT FUTURE WEBSITES an additional £25 (plus VAT if applicable) for each additional web page. Where custom graphic work (beyond the scope of the "Custom Graphics" detailed above) is requested, it will be billed at the hourly rate of £35 (plus VAT if applicable).

Once the website has been built (and before the website goes live) the client is entitled to submit by e-mail any content amendments. This must be sent in one submission per page in digital format and must be proof read. If any further amendments are subsequently required BRIGHT FUTURE WEBSITES reserve the right to charge additional work at £35 (plus VAT if applicable)  per hour.

If the website includes products or items (for sale or otherwise), BRIGHT FUTURE WEBSITES will input the categories and one product or item per category in order to design and test the website. All other items or products are to be added by the client. BRIGHT FUTURE WEBSITES will give instruction on how to do this during phone training.

This agreement includes minor Web page maintenance for the first month, for example updating links and making changes to a single sentence or paragraph. It does not include major changes such as a redesign, menu or page changes, module changes or changes to the style (such as colours) of the website.

Payment
All services agreed to in this contract shall be sold as a package for the price specified in the proposal agreement. Payment of the deposit shall be by cash, cheque (made payable to BRIGHT FUTURE WEBSITES), or BACS, in Pound Sterling, or Debit/Credit Card.

For Pay Monthly Websites, the agreement includes the monthly payment to be made by either debit card or standing order on the 1st of every month starting from the 1st of the month immediately following completion of the website design by BRIGHT FUTURE WEBSITES. Debit card information must be provided by the client to BRIGHT FUTURE WEBSITES upon agreement of an ‘order’. Forms will be provided for this information to be submitted or clients can provide these details to BRIGHT FUTURE WEBSITES by phone.

Payment of Fees
All payments must be made promptly. Invoices are due upon receipt. BRIGHT FUTURE WEBSITES reserves the right to remove Web pages from viewing on the Internet until final payment is made. Any bank or processing charges which BRIGHT FUTURE WEBSITES may incur due to failure by the Client to make any payment when due will be charged to the client in full on a separate invoice. This agreement becomes effective only when an ‘order’ has been agreed by BRIGHT FUTURE WEBSITES and the client.

Payment Terms
The site will be put online for the client’s viewing. During this proofing stage, typographical errors and other corrections will be made according to the instructions of the client. BRIGHT FUTURE WEBSITES reserve the right to invoice the client for the full cost of the web site build once this has been completed even if BRIGHT FUTURE WEBSITES are pending the content from the client. Payment for the site must be made in full upon receipt of the invoice.

Completion Date
BRIGHT FUTURE WEBSITES and the client must work together to complete the website in a timely manner. Much of this depends on receiving the appropriate images and text from the client. We agree to work expeditiously to complete the website within 28 working days of receiving all relevant text and images.

Assignment of Project
BRIGHT FUTURE WEBSITES reserves the right to assign subcontractors to this project to ensure on-time completion.

Additional Expenses
Upon approval of cost, the client agrees to reimburse BRIGHT FUTURE WEBSITES for any additional expenses necessary for the completion of the work. Examples would be: purchase stock photography or special fonts etc.

Additional Services
Any revisions, additions or redesigns the client wishes BRIGHT FUTURE WEBSITES to perform not specified in this document shall be considered "additional" and will require a separate Agreement and payment.

Copyrights and Trademarks
The client represents to BRIGHT FUTURE WEBSITES and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to BRIGHT FUTURE WEBSITES for inclusion in web pages are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend BRIGHT FUTURE WEBSITES and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.

Age
The client certifies that he or she is at least 18 years of age.

Limited Liability
The client hereby agrees that any material submitted for publication will not contain anything leading to an abusive or unethical use of the Web Hosting Service or Host Server. Abusive and unethical materials and uses include, but are not limited to, pornography, obscenity, and nudity, violations of privacy, computer viruses, any harassing and harmful material or uses, any illegal activity, or material advocating illegal activity, and any infringement of privacy or libel.

The client hereby agrees to indemnify and hold harmless BRIGHT FUTURE WEBSITES from any claim resulting from client’s publication of material or use of those materials. BRIGHT FUTURE WEBSITES may or may not give notice before deactivating the use of an account which we decide is an abusive or unethical use of, or a potentially illegal use of the Web Hosting account or host server. The client hereby agrees to indemnify and hold harmless BRIGHT FUTURE WEBSITES in any claim resulting from the submission of illegal materials.

Under no circumstances, including negligence, shall BRIGHT FUTURE WEBSITES, its offices, agents or anyone else involved in creating, producing or distributing it’s services, be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use BRIGHT FUTURE WEBSITES services; or that results from mistakes, omissions, interruptions, deletion or loss of files or data, errors, defects, delays in operation, or of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorised access to BRIGHT FUTURE WEBSITES records, programs or services. The client maintains sole responsibility for data backups and restoration. The client hereby acknowledges that this paragraph shall apply to all content on BRIGHT FUTURE WEBSITES services.

Notwithstanding the above, the client’s exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate pound sterling amount which client paid during the term of this Agreement and any reasonable attorney’s fee and court costs.

Indemnification
The client agrees that it shall defend, indemnify, save and hold BRIGHT FUTURE WEBSITES harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees, ("Liabilities") asserted against BRIGHT FUTURE WEBSITES, agents, its clients, servants, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by client, its agents, employee or assigns. The client agrees to defend, indemnify and hold harmless BRIGHT FUTURE WEBSITES against Liabilities arising out of any injury to person or property caused by any products or services sold or otherwise distributed in connection with BRIGHT FUTURE WEBSITES service, any material supplied by client infringing on the proprietary rights of a third party, copyright infringement, and any defective product which client has sold in the Web Design.

Laws Affecting Electronic Commerce
The client agrees that the client is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend BRIGHT FUTURE WEBSITES and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the client’s use of Internet electronic commerce.

Copyright to Web Pages
Copyright to the finished assembled work of Web pages produced by BRIGHT FUTURE WEBSITES is owned by BRIGHT FUTURE WEBSITES through-out the period of the contract which will continue for a minimum of 12 months and thereafter rollover to be continued until cancelled by either the client, with 1 months notice, or BRIGHT FUTURE WEBSITES with 1 months notice.  The client will not be assigned copyright to use as a website the design, graphics, and text contained in the finished assembled website until and upon an agreed termination fee to be negotiated.

Rights to original photos, graphics, source code (referring to the search functionality), work-up files, and computer programs are specifically not transferred to the client, and remain the property of their respective owners. BRIGHT FUTURE WEBSITES and its subcontractors retain the right to display graphics and other Web design elements as examples of their work in their respective portfolios.

Authorship Credit
The client agrees that BRIGHT FUTURE WEBSITES may put a by-line on the bottom of their Web Page establishing authorship credit and copyright notice.

Non-Disclosure
BRIGHT FUTURE WEBSITES, its employees and subcontractors agree that, except as directed by client, it will not at any time during or after the term of this Agreement disclose any Confidential Information to any person whatsoever.

Cancellation
In the event that Work is postponed or cancelled at the request of the client by registered letter, BRIGHT FUTURE WEBSITES shall have the right to bill pro rata for work completed through the date of that request, while reserving all rights under this Agreement. If additional payment is due, this shall be payable within thirty days of the client’s notification to stop work. In the event of cancellation, the client shall also pay any expenses incurred by BRIGHT FUTURE WEBSITES and BRIGHT FUTURE WEBSITES shall own all rights to the Work. The client shall assume responsibility for all collection of legal fees necessitated by default in payment.

Entire Understanding
This contract constitutes the sole agreement between BRIGHT FUTURE WEBSITES and the client regarding its Web Design Service. The client agrees to the terms of this agreement on behalf of his or her organisation or business.

BRIGHT FUTURE WEBSITES reserves the right to charge a reconnection fee of £25 (plus VAT if applicable) in the event of a website and/or email being disabled through non payment

BRIGHT FUTURE WEBSITES will incur no liability if a website is temporarily unavailable for whatever reason.

BRIGHT FUTURE WEBSITES will incur no liability if any aspect of a website that is dependent on a third-party service ceases to function due to the actions of that third-party.

While BRIGHT FUTURE WEBSITES performs backups of the websites we control as a courtesy, we are not responsible for backing up the website and will not incur any liability should the site fail for any reason.

Pay Monthly Websites
Pay monthly packages will be for a minimum term of 12 months.

Initial deposits are payable in advance. Monthly costs are payable by debit card a month in advance on the 1st of every month, starting when the site is built and monthly thereafter. If not received within 7 days of the due date, or if payment is refused by the card processor, BRIGHT FUTURE WEBSITES has the right to disable the website and any associated email accounts.

Once the site is built any further changes that BRIGHT FUTURE WEBSITES is required to make for the client will be at the rate of £35 (plus VAT if applicable)  per hour.

Domain Name Registration
BRIGHT FUTURE WEBSITES will register an appropriate domain name (URL) for the client’s website. This domain name (URL) will remain registered to and the property of BRIGHT FUTURE WEBSITES for the 12 month minimum contract period. At the end of the contracted period if the client wish to become the registered owner BRIGHT FUTURE WEBSITES will agree to transfer the domain name (URL) to the client.