Terms & Conditions
We try to keep our terms simple. They are here to ensure that we both have the same understanding of how Big Bear Digital work to bring you results. Please do take the time to read them.
In these conditions: “Agreement” means any agreement made subject to these Conditions, which shall incorporate these Conditions. “Company” means Big Bear Digital (Big Bear Digital Ltd). “Customer” means any person or organisation with whom the Company enters into an Agreement subject to these conditions. “Service” means the services described in Company literature together with such Value Added Services to be provided by the Company to the Customer. Representations made by the Company’s distributor will not form part of this agreement unless confirmed in writing prior to purchase of the service. Requests made by the Customer following receipt of these terms will be deemed to be acceptance of these terms.
- 1.1. Unless specifically varied in the Project Cost section of our proposal or otherwise in writing by the Company, the following payment terms shall apply:
- 1.2. All fees quoted are exclusive of VAT (if applicable) and to the extent that VAT is chargeable in respect of any goods, work or services supplied by the Company, VAT at the rate in force at the time of supply should be added to payments otherwise due.
- 1.3. For One Off fees (such as but not limited to design and website development);
- 1.3.1. 50% (non-refundable) of any ‘one off’ value is due prior to commencement.
- 1.3.2. 50% balance will be due following sign off and prior to placing the project live.
- 1.3.3. Where sign off is requested and no response received within 14 days, the balance becomes payable in full. One set of revisions will be allowed post this event.
- 1.3.4. Invoices will be due for payment strictly within 14 days of submission.
- 1.3.5 In the event of an agreed payment plan a 50% deposit may not be due (subject to the terms of the agreed plan) and all services may be withdrawn by the Company if a payment is missed.
- 1.4. For ongoing fees (such as but not limited to Hosting, Website Plans and Online Marketing);
- 1.4.1. Payment must be made in advance of the service being provided.
- 1.4.2. Unless otherwise agreed in advance, all ongoing payments will be taken by the Company via Direct Debit.
- 1.4.3. Where payment is late, it is still applicable, but the Company are not obliged to provide services for the period that the payment was late.
- 1.5. All fees quoted are subject to review and adjustment by the Company at any time.
2. Non Payment
- 2.1. In the event that full payment is made later than required by the conditions set under the section ‘Payment’ or if only partial payment is made, the Company may at its absolute discretion charge for administration costs and interest on any monies owed at either the rate of 2% interest per month or at the annual rate of 7% above the base rate published from time to time by Natwest plc, whichever is the greater rate, calculated weekly and compounded monthly.
- 2.2. Failure to apply such charges does not constitute a waiver of the option so to charge.
- 2.3. If the Customer also holds a Hosting Account with the company, the Hosting account may be terminated without notice in the event that invoices fall into arrears. This will affect email communications and any other services provided by the Company.
- 2.4. In the event that payment is not received within a maximum of 60 days, arrears may be passed to a Debt Collection Agency. Once this has taken place, the Company are not in a position to accept payment from the Customer. Additional fees are applied by the Debt Collection Agency. The Company have no authority to revert these fees once a debt is passed over to the Debt Collection Agency.
- 3.1. If a project is cancelled following the order being confirmed and prior to the deposit being paid, the Customer accepts that this deposit is still due and should be paid in accordance with 1.3.3 above.
- 3.2. If a project is cancelled at any point during the design process, the full deposit is non-refundable and therefore will be retained.
- 3.3. If a project is cancelled at any point during the build process, the full project balance is payable.
- 3.4. Hosting services require 30 days end of month notice – any work undertaken by the Company in order to comply with your transfer instructions in providing files etc to your new provider will be charged at the standard hourly rate – minimum 1 hour, invoiced and payable in advance of such a transfer.
- 3.5. Online Marketing services (defined below) require 30 days end of month notice.
- 3.6. Website Plan services (defined below) require 30 days end of month notice.
- 3.6.1. In the event of a Website Plan being cancelled before 18 monthly payments have been made, an additional fee up to a maximum value of 18 monthly payments, will be applicable in order for the Customer to claim full ownership of the website should they wish to retain this website and move it to an alternative provider.
- 3.6.2. In the event of a website being moved to an alternative provider, additional charges may apply in accordance with 3.4 above.
- 3.7. 30 days end of month for any service shall mean the end of the month following the month in which cancellation was received. (example cancelation on 12th September, service ends 31st October)
- 3.8. Notice of cancellation should be made in writing via email.
- 3.9. Notice is deemed to have been received by either ‘48 hours from 1st Class post’ or ‘a read receipt on email’.
- 3.10. Information and files retained by the Company will be returned to the Customer upon final payment for any outstanding invoices.
4. Withdrawal of Services
- 4.1. The Company reserves unto itself the right to withdraw its services at its entire discretion, particularly in the event of any failure to pay. Upon such withdrawal of its services, the Company shall be under no liability whatsoever to compensate the Customer for any costs, losses or damages, howsoever arising, that the Customer may incur or may have incurred.
- 4.2. It is hereby agreed between the Company and the Customer that where the Company withdraws its services, the Company may remove any material stored upon any computer or server and shall retain, and shall not be under any obligation to return or provide access to, any and all documents, papers, etc. belonging to the Customer until payment is made in full of all the Company’s invoices.
- 5.1. Copyright in all documents, papers etc prepared or caused to be prepared by the Company is expressly reserved by the Company until full payment is received.
- 5.2. Upon full payment of all invoices provided to the Customer, all rights to any work carried out by the Company for the Customer is passed to the Customer. From this point, the Company assumes no rights to the material created and supplied except in accordance with 5.3 below.
- 5.3. The Company maintains the right to re-use code that it has created whilst providing services to the Customer. The Customer does not have ‘resell’ rights unless a separate signed resell rights document has been obtained (at additional cost).
- 5.4. The Customer shall indemnify and save harmless the Company against any claims that may arise out of the content or nature of the material stored upon any computer or server or which may be prohibited or protected by laws of any country or state relating to copyright, confidentiality or intellectual property.
6. Royalty Free Images
- 6.1. Wherever possible, royalty free or public domain images may be used in the design of the Customer’s web site with the approval of the Customer. Any conflict between an unknown author of such images and publication of said images on site will be the full responsibility of the Customer. The Company will charge for any time involved in correcting the use of images that the Customer does not have the right to use.
- 6.2. Additional costs will be incurred should the company be required to obtain Royalty Free Imagery. The standard cost is £50 per image supplied, regardless of whether the image is used.
- 7.1. Where appropriate, the Company uses the WordPress content management system. The Company are not responsible for site outages or any costs, losses or damages, due to the WordPress platform or ‘Plug-In applications’ used to create the Customer website.
- 7.2. It is important to update WordPress and any used ‘Plug-In applications’ when new updates are available. It is the responsibility of the Customer to check and update these programmes with the exception of 7.3 below.
- 7.3. Where the Customer has paid for (and payments are up to date) the WP Updates service, it is the responsibility of the Company to ensure all updates are installed within a reasonable time from the update being released.
8. Third Party Services
- 8.1. Where the Company uses any third-party services, site search facilities, chat room, email or tracking services, the Company is not responsible for third-party service commitments, quality or availability.
- 8.2. It is the responsibility of the Customer to read the terms and conditions provided by any third party service used on their behalf.
9. Amendments and Fixes
- 9.1. An Amendment is any item that when requested is different to what was originally requested. This is typically where content is provided and later changed or upon seeing a project part built, a new feature is required.
- 9.2. A Fix is any request that when requested is the same request as was originally requested. This is typically through a function not working as was originally agreed.
- 9.3. Where a Fix relates to a Browser Compatibility issue, see the specific terms in relation to Browser Compatibility in section 10, below.
- 9.4. When a new task is requested by the Customer, the Company will determine whether the request is a Fix or an Amendment. A Fix of any previously agreed and paid for item will be free from charges. Amendments are charged at the standard hourly rate. The customer agrees to pay these fees as invoiced.
10. Browser Compatibility
- 10.1. The Company will ensure that any website build is compatible with the current versions of Google Chrome, Safari and Mozilla Firefox browsers at the time of release when viewed on a desktop Apple Mac and Apple iPhone.
- 10.2. Further Browser configurations (version number and device) should be specified to the Company at the time of the project. Ensuring Browser Compatibility on these additional browsers is charged at the Company’s standard hourly rate.
- 10.3. The Company will try to make the website work in an identical manner across the browsers, but it is accepted by the Customer that this is not always possible or practical and therefore the definition of Browser Compatibility will be that the user experience is not harmed when the site is viewed on the browsers it is designed for in accordance with 9.1 and 9.2.
- 10.4. Browser compatibility means a near representation of the original design. As the design is converted into ‘code’, this may not be an exact match.
11. Uploading of Websites
- 11.1. The Company is responsible for uploading the Customer’s website and testing all functionality where the site is hosted by the Company.
- 11.2. The Company is not responsible for uploading the Customer’s website to hosting servers not provided by the Company. Nor is the Company responsible for the hosting configuration of the Customers hosting provision if it is not with the Company. However;
- 11.2.1. The Company agrees to upload to another provider’s servers at the Company’s standard hourly rate.
- 11.2.2. Where functionality will not work on another providers hosting provision, the Company will demonstrate that same functionality working on its hosting servers to prove that the functionality works and the server is at fault.
12. Online Marketing
- 12.1. Online Marketing services may include;
- 12.1.1. Search Engine Optimisation (SEO), which is defined as carrying out various activities to improve a website’s position within search engine rankings.
- 12.1.2. Pay Per Click (PPC) Management, which is defined as setting up and helping to make Pay Per Click advertising (such as Google AdWords or Facebook Advertising) campaigns more efficient.
- 12.1.3. Social Media Marketing/Management which is defined as helping the Customer to promote their products or services through the variety of social media channels.
- 12.2. The Company will carry out tasks known to help businesses through the chosen online marketing method.
- 12.3. The Company will report its activity and results to the Customer.
- 12.4. Whilst the Company has a track record of achieving positive results, the Company does not guarantee improvements of any kind. Previous success should not be seen as a guarantee for future success.
- 12.5. For Cancellations: 30 days end of month shall mean the end of the month following the month in which cancellation was received. (example cancelation on 12th September, service ends 31st October).
13. Hosting and Domain Services
- 13.1. In line with best practice, the company uses third party hosting and domain registration services known as ‘co locating’. Whilst it is the responsibility of the Company to act in the Customers best interests when sourcing such suppliers, the Company cannot guarantee ‘up-time’ and any hosting services used on your behalf are subject to the terms and conditions of the provider. These will be provided on request.
- 13.2. If the Customer decides to move hosting away from the Company, the Company will provide as much assistance as required. This is subject to the following;
- 13.2.1. There is a standard Domain Transfer Fee for domain transfers of £24 per domain name.
- 13.2.2. Support provided by the Company in any way towards the move will be charged at our standard hourly rate.
- 13.2.3. Moves cannot take place where overdue invoices exist. During any period where unpaid invoices exist, and therefore hosting is still being provided, the hosting fee will continue to accumulate and be payable before a site can be moved.
- 13.3. For Cancellations : 30 days end of month shall mean the end of the month following the month in which cancellation was received (example cancelation on 12th September, service ends 31st October). Annual prices are non-refundable if cancelled mid-term.
14. Ongoing Maintenance
- 14.1. The Company does not include ongoing maintenance in the original quotation unless itemised as a separate item, except in accordance with 14.2 below. Any work carried out as part of a ‘maintenance’ contract or as ‘Ad-Hoc’ is charged at the standard hourly rate and is calculated in 30 minute units.
- 14.2 The only product where ongoing maintenance may be included, without being itemised as a separate cost, is as part of a ‘Website Plan’ where this has been included as part of the original written proposal.
15. Website Plans
- 15.1. Website Plans may include some or all of the following services as part of a set ongoing monthly payment;
- 15.1.1. Website Design and Build, which is defined as the process of creating a website up until the point of being ‘signed off’ and then ‘going live’.
- 15.1.2. WordPress System Updates, which is defined as keeping the WordPress content management system and associated plugins up to date.
- 15.1.3. Website Content Updates, which is defined as updates to the text and images displayed on website pages that were included in the initial design and build agreement.
- 15.1.4. Website Hosting.
- 15.1.5. Consultations, which are defined as consultation meetings provided by the Company primarily for the purpose of brainstorming and planning marketing activity to be carried out by the Customer, a third-party provider, or by the Company at additional cost.
- 15.2. At the sole discretion of the Company, the Customer will be eligible for a website re-design and build, if required, after a minimum of 24 monthly payments have been made.
- 15.2.1. Should a website re-design and build be required by the Customer before a minimum of 24 monthly payments have been made, an additional One Off project fee may apply in accordance with 1.3 above.
- 15.3. For Cancellations: 30 days end of month shall mean the end of the month following the month in which cancellation was received. (example cancelation on 12th September, service ends 31st October).
- 15.3.1. Additional charges may apply should the Customer wish to move their website to an alternative provider upon cancellation, in accordance with 3.6.1 and 3.6.2 above.
These terms of appointment are governed by and subject to English law.