Terms and Conditions
The following terms and conditions doc is a legal agreement between BirdWeb Ltd hereafter “BirdWeb”, and “the client” for the purposes of sales of graphic design relating to all marketing services BirdWeb provide. Theses terms set forth the provisions under which the client may use the services supplied.
BirdWeb is an graphic design provider offering the Client graphic design, HTML, CSS, Javascript, PHP, and other related services. BirdWeb also provides print designs, corporate branding and Identity, Social Media Promotions, all of which are digital services.
Permission and Copyright
Copyright of the completed designs, images, pages, code and source files created by the BirdWeb for the project shall be with the Client upon final payment only by prior written agreement. Without agreement, ownership of designs and all code remain the full property of BirdWeb and not the Client.
The Client agrees that all content supplied to BirdWeb for use in the project is owned by the Client or used with full permission of the original authors. The Client agrees to protect and defend BirdWeb from any claim or suit that may arise as a result of using the supplied media and content. Taking full responsibility for use legally. It is also the responsibility of the Client alone should any content identified for use by BirdWeb be subject to author copyright alone.
The Client agrees that BirdWeb may include development credits and links within any code & wesite BirdWeb designs, builds or amends.
The Client agrees that BirdWeb reserves the right to include any work done for the Client in a portfolio of work.
The Client agrees to abide by the terms of any third-party software or media included within any work done for the Client. Examples of this include, but are not limited to, Googlemaps, Media under the Creative Commons license, Open Source Software etc.
Initial work
BirdWeb will commence the project after the Client supplies the required content. The home page/ mock-up/design would be shown within 5 (may vary) working days subject to complexity or workload. The Client needs to give clear direction for the design/theme/colour and all aspects of the website at the time of our initial discussion and before approved the design visual for build. The Client can provide examples of other websites to help with the design brief. The BirdWeb team will be creating website pages based on these ideas.
Alteration work In case of any alterations, the changes should be informed within the first three days after the initial work has been submitted. BirdWeb will not undertake any further works unless confirmed by the Client.
Redesign Clauses If changes are suggested by the Client after the approval of the design visual and approval of the entire website, it will be considered as redesign and are chargeable. Detection of errors in contents or designs by the Client, if any, will be rectified immediately. After completion of the project, BirdWeb will upload the whole work to the server and the link will be sent to the Client for testing. The whole work will be uploaded in transferred/made live by BirdWeb, after the final approval and settlement of balance amount by the Client.
Free Maintenance BirdWeb provides one month of free maintenance towards all kinds of errors occurred in run time of the website. Free maintenance does not include content additions.
WordPress Maintenance
Unless expressly stated BirdWeb websites are built using code derived from WordPress, which is open source code. BirdWeb will need to add Plug-ins, some of which are payable annually additionally by the client, some are free to use. BirdWeb will advise the client of payable services. WordPress software and plug-ins require to be updated upon new software release and ensure that formatting and website function has not been broken or disrupted during the update. The client therefore must agree that should they choose not to have a paid maintenance package with BirdWeb that they are putting the functionality and security of their website at risk. This leaves the client fully responsible to manage updates. If a valid paid maintenance package is in place with BirdWeb, it will be the responsibly of BirdWeb alone to update software and to fix and restore the website following any glitches. Should a plug-in be discontinued BirdWeb will make every effort to replace however cannot be responsible to re-code and re-create the discontinued plug-in.
Quotation Validity The quotation is valid for 30 days. Prices are subject to change without notice after the expiry of the quotation. All prices are plus VAT
Payment
Terms will depend on the client’s own financial position, following a credit check. A combination of deposit and on account is available – subject to status. Whatever terms are set at the time of order should be adhered to by the client, should a payment default occur BirdWeb will use a debt recovery agency to recover funds. The client will be responsible for the fee set by the debt recovery agency which is an undeterminable amount.
Material rights BirdWeb reserves the right to refuse to handle:
· Any media that is unlawful or inappropriate.
· Any media that contains a virus or hostile program.
· Any media that constitutes harassment, racism, violence, obscenity, harmful intent or spamming.
· Any media that constitutes a criminal offence, infringes privacy or copyright.