Website development Terms and Conditions for Buzz Website Design (which is a trading name of Midlands Advice and Training Services Limited).
We’ve tried to keep our terms and conditions short and simple in an effort to avoid unnecessary legal jargon and to try and save time.
“You” – this means you, the client
“We or us” – refers to Buzz Website Design
“the project” – is the task of building the website for you
Part 1: Project Details
1.1. When you agree to allow us to build a website for you we will build you a website using the WordPress Content Management System (unless otherwise agreed).
1.2. The specification of the website, in terms of what pages and features are to be included, will be agreed in writing at the start of the project after discussion with you.
1.3. We will ask you for some examples of website designs that you like before we start work so that we have ideas based on your preferences. Unless you provide a detailed design specification you agree to allow us to come up with a design for you based on your corporate branding / colour scheme.
1.4. We will engage a graphic designer for the initial site design and this is (unless stated otherwise) included in the project fee. However if any further design work is required you agree to pay any addition graphic design fees.
1.5. When you have agreed to a website design, that is what we will build. If you want to amend the design after you’ve given the go-ahead and after we’ve started work on it then additional fees will be added.
1.6. The website will be built in an online development area so you can check on progress at all times. We will email you when major changes and developments have been made.
1.7. The copyright for the design of the website is assigned to you once you’ve fully paid for your website and the website has been launched.
1.8. If you supply images we will assume that you have the right to use said images and we will not be held liable should any copyright dispute occur.
1.9. You agree to provide us with content for your website in terms of the wording of the pages on the website. We will advise on how best to write this. We may adjust some of the wording to enable improved search engine visibility but will do so on your proviso.
We may be able to write the content for you but an additional cost will be incurred which will be agreed before any work commences.
1.10. If you send us images for your site we will make the assumption that you have the rights to use these images on your website. We will not be held liable for any breach of copyright for the unlawful use of images you have supplied.
1.11. We aim to build your website within 2 calendar months and to do that we need you make decisions and provide us with content promptly when asked.
1.12. If we’ve completed the design and build and are waiting for you to send content beyond 3 months from the project start date then we reserve the right, at our discretion, to lapse the project and you will need to pay a £300 re-activation fee before we restart the project or the additional work will be on a contingency basis at our hourly rate.
Part 2: Payment Terms
2.1: Payment in 3 parts
2.1.1 Before we start work on your website we will invoice you for the whole project and you will be asked to pay roughly one third of the total price of the project by direct debit (this will be agreed in writing). Work on your website will not begin until this is paid.
2.1.2. The following 2 payments will be one third of the fee and will be collected at monthly intervals using the same direct debit system
2.1.3. You agree to pay all direct debits when they become due. No statements will be sent.
2.2: Payment over 6 months
2.2.1 Before we start work on your website we will invoice you for the whole project and you will be asked to pay roughly one sixth of the project fee (the amount will be agreed in writing) through an online direct-debit service. Work on your website will not begin until this is paid.
2.2.2. The following 5 payments will be collected at monthly intervals and will be roughly one sixth of the fee and must be paid automatically by direct debit using the same direct debit Service.
2.2.3 You agree to pay all direct debits when they are due. No statements will be sent.
2.3: Late or Non Payment
2.3.1. In the event of any late or non payment we reserve the right to add fees and interest as laid down by UK late payment legislation and regulations.
2.3.2. We also reserve the right to stop development and/or take your website down from the internet temporarily until late payments and fees are paid.
2.3.3. If at any time during the agreed payment schedule you are late with payment or stop your direct debit without prior agreement from us then we reserve the right to pursue you for the remainder of the whole project fee and add fees and interest as per section 2.3.1. We may also pass the invoice onto an invoice collection agency who will also add fees.
2.3.4. The website shall remain our property until it has been paid for in full. When you have paid for the website you will be free to amend or transfer (move) it as you see fit.
Part 3: Our Money Back Guarantee
3.1. Our money-back guarantee will give you your money back if your website doesn’t bring in more business revenue (turnover) than the price of the website. This includes but is not limited to: direct enquiries through the site, direct sales through the site and other peripheral income generated as a result of the website and content/activity on it.
3.2. To qualify for the money-back guarantee you will need to have promoted your website according to the terms laid out below:
- You need to have written a minimum of 3 blog posts per month of at least 300 words each
- You need to have posted the above blog posts onto at least 2 social bookmarking sites (such as Digg, Reddit, StumbleUpon)
- You need to have promoted every one of your blog posts through Twitter or Facebook (including a link back to the post)
- You need to have posted at least 5 Twitter or Facebook updates each week
3.3. You agree to keep detailed records of where your clients come from within your business for accountability purposes.
3.4. If you have complied with all of the stipulations in 3.2 and your website still hasn’t produced a return then we reserve the right to work on your site through further SEO and off-site activities to try and remedy the matter.
3.5. This guarantee is provided in good faith. You will not engage in any activity that is deemed to be detrimental or damaging to the marketability of your company website and it’s credibility online or offline. Should you request your money back we reserve the right to ask you for evidence that you’ve honoured your obligations under sections 3.2 and 3.3 of these terms.
3.6. Should you not honour your part as described in sections 3.2, 3.3 or 3.5 of these terms then you invalidate the Money back Guarantee and will not be eligible for a refund.
Part 4: Legal Jurisdiction
These terms and condition are written in and will be enforced under law applicable in England.
Part 5: Force Majeure
Whilst we do our best to do all we say when we say it there will be times when circumstances beyond our control prevent this. These circumstances include (but are not limited to) natural disasters and Acts of God, political action and war, failure of electricity or telephone services, illness.
If this kind of thing disrupts our work we will do all we can to minimise disruption, to keep you informed and to honour our commitments as a service provider.
Under such circumstances our contract remains in place and neither party shall be eligible to cancel the agreement unless by mutual written consent.
Part 6: Other Conditions
These terms and conditions are subject to change without notice and you agree to be bound by them.
Last updated 14th May 2020.