Terms & Conditions
Definition of our terminology as used within this document:
1. A Project is any work undertaken or service provided by Blue Rock Digital for the client on their request and as described in our confirmation order email to that Client.
2. You or Client, is a person, persons, business or organisation using any of the services provided by Blue Rock Digital.
3. We or us, means Blue Rock Digital.
4. Live Mode means the date the website is available on the clients chosen domain.
5. Domain is the website address as specified by the client.
6. Open Source Software is software made freely available to anyone under the GNU General Public License (GPL).
7. Hosting is a yearly cost to keep a clients website activated online.
8. Content is both text and images that the client requires on the website.
9. mb stands for megabytes and is a measure of storage space.
General
1. The contract between Blue Rock Digital and the client will be on these conditions, to the exclusion of all other terms and conditions. Any variations to these conditions shall have no effect unless agreed in writing.
2. The works to be carried out shall be as set out in the Blue Rock Digital invoice which can be found attached to the confirmation order email.
Legalities, Copyright and Intellectual Property
1. Blue Rock Digital shall expect the client to carry out sufficient research before proceeding with a website. This will include checking that the website/idea/business will operate legally. It is important that the website is not in any way illegal. Please ensure that any images or content you supply or use on your website, is legally available for you to use. We cannot be held responsible for the illegal use of images, content or format of material supplied by the client. Blue Rock Digital reserve the right to remove any website from its servers if it has reason to believe that it is operating illegally.
2. Where images used on the website have been purchased by Blue Rock Digital on behalf of the client, these images are restricted by license for use on the website only. Blue Rock Digital are not liable for misuse of these images by the client or any other persons copying, altering or distributing the images to individuals or other organisations.
3. Blue Rock Digital makes no claims that the contents of this website may be lawfully viewed or downloaded outside England and Wales. Access to this website may not be legal by certain persons or in certain countries. If this website is accessed from outside of the United Kingdom, it is done at own risk and the visitor is responsible for compliance with the relevant laws of the visitor’s jurisdiction. The terms and conditions of this website are governed by the laws of England and Wales. Jurisdiction for any claims arising in respect of this websites content shall lie exclusively with the courts of England. If any provision of these terms and conditions is found to be invalid by any Court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect.
4. Blue Rock Digital cannot be held responsible for anything adversely affecting the Clients business operation, sales, or profitability that might be claimed is a result of a service offered by Blue Rock Digital.
Paying for Your Project
1. We charge for the design and development of websites at various stages. Before we start work, a deposit of the total sum due is payable (the deposit). When the website has been completed the final outstanding balance is payable before the website is to go-live’. Your website will only be switched to live mode when it has been paid for, in full. The initial deposit payment is non-refundable after Blue Rock Digital has committed resource or completed research and/or design work on the clients behalf.
2. Blue Rock Digital will charge 1.9% fee for all payments made using a credit or debit card. This fee is charged due to the costs incurred by Blue Rock Digital for receiving such payments by our service provider. If this is not acceptable to the client, we also accept BACS and cheques as alternative payment methods which will incur no payment fees. If paying by cheque, please understand that we will have to allow the cheque to clear the banking system before starting or continuing with your project.
3. Blue Rock Digital reserve the right to suspend website hosting, email hosting and any other web services should an account be overdue until payment has been made.
4. Blue Rock Digital own all design and code of the website until final payment has been received in full.
Communication
1. Email is our primary method of contact with regard to all communication for your websites design and development. Email is obviously the most efficient and cost-effective form of contact. If you have any problems with the design or development of your website that your developer is unable to resolve by email, you can contact our telephone support service during UK office hours on 0800 433 7815.
2. It is the clients responsibility to inform us of any change in email address so we always have valid contact details. We cannot be held liable in any way for problems relating to communication issues if we are not supplied with a valid email address.
3. It is important for the client to keep in contact with Blue Rock Digital throughout the entire project. If a client does not make contact for more than 2 weeks, we will make up to 5 attempts to contact the client by email using the email address for the client held on file. If we do not receive a response to these attempts of contact the project may be terminated, and the deposit will not be refunded. If the client wishes to postpone the project for a period of longer than 2 weeks, please contact us otherwise the project may be archived. We reserve the right to levy a £50 administration fee if the client returns after an unapproved postponement period and wishes to continue work on their project.
Website Design and Development
1. Design is subjective, and for this reason we offer design revisions. This means that we will continue to work with you on your design concept until you are happy with our proposal. The design revision period ends when the client accepts the design proposal. Design changes beyond this point are subject to additional charges.
2. Blue Rock Digital will provide the client with an expected completion time frame for the project (live on the internet) if requested.
3. Open Source software (OSS) is publicly available software that may be adapted or modified to suit particular applications. OSS may be used to help develop elements of the functionality of the clients website to speed development and add functionality. Where Open Source software is used, the ownership of the site coding and any customisations made by the developer is still passed to the client upon final payment.
Hosting and Search Engine Optimisation
1. Blue Rock Digital will host the website if the client requires us to do so and on receipt of full payment of our hosting fees. In doing so, Blue Rock Digital will provide a reliable and professional service to the client at all times, excluding unavoidable technical failures. All standard hosting offered by Blue Rock Digital is limited to 1GB of website space unless otherwise stated in any quote or agreement with the client.
2. Blue Rock Digital hosting is annually renewable. If you are renewing on an annual basis, the date of renewal will be 12 calendar months from the date the website was made live. Blue Rock Digital will contact the client one week before the renewal date and hosting services are not obligated.
3. The hosting renewal charge must be received by the day of the hosting expiry date. We reserve the right to deactivate any website and/or email hosting when the hosting has expired and the client has not paid the renewal charge. We reserve the right to charge an administration fee of £50 for reactivating the website and/or email hosting.
4. If the client does not use Blue Rock Digital hosting services, then the management and hosting of the domain name are the full responsibility of the client.
5. If the client does not wish to renew the hosting the site files and associated data can be made available to the client on request as a full website and database (if applicable) backup subject to charge at the current rate for the work required to do this and the domain name can be transferred to the clients registrar account. Should the client instruct us to upload and configure the site and domain name to a third party server this work will be also subject to charge.
6. Blue Rock Digital do not take any responsibility for a clients website rank on search engines. This also includes any potential website downtime that can occur. When updating, changing, creating and hosting a clients website, there could be a change in the websites search engine ranking.
Domain Names and Links
1. If required, a domain name will be registered by Blue Rock Digital on behalf of the client once we have received payment in full. Although the domain names are registered to us, the client is the legal owner of the domain and if they request to have details changed or the domain transferred elsewhere, we will do this within a reasonable timeframe.
2. Blue Rock Digital provides links or references to our clients websites solely for the convenience of prospective customers and intends that the links it provides be current and accurate, but does not guarantee or warrant that such links will point to the intended client site at all times.
3. We place a small text link on the footer of our clients website that simply states the website was designed by Blue Rock Digital and links to our company website. This link can be removed, if required.
(*) Blue Rock Digital will not tolerate any form of harassment against its employees from customers or third parties and we reserve the right to cancel a contract without refund in the event of unreasonable or inappropriate conduct. This includes threatening behaviour and abuse directed towards our employees thereafter any further communication must be via postal mail only.
