Terms and Conditions
- A Project describes any kind of work undertaken by Boxmodel Digital Media Limited requested by the client.
- The Client describes the individual, individuals, business or organisation agreeing to a service from Boxmodel Digital Media Limited.
- The Live Site describes the date the website will be visible on the web.
- The Domain Name describes the web address where the website resides.
- The Hosting Account describes the the yearly charge that we make to keep the clients website visible on the internet.
- The On-Site Content describes all of the text and images available on the websites webpages.
- The Pay-Run describes the time that we allow the client to pay for the services that they have received.
Boxmodel Digital Media Limited Terms and Conditions of Business.
Website Design and Development:
a) Once the client agrees to come on board with us, he/she will receive notification via email of the service that he/she has requested.
b) (i) Our webite design/development team will only be instructed to commence work once we have received a project payment of 50% of the value of the website design/website develpment project.
We then require a further 50% payment once the new client's website has successfully been tested, 48 hours before LIVE.
b) (ii) If the website completion is being delayed by the client including feedback and or information, and at least 75% of the website design/development work has been completed, the client may be asked to pay the final 50% project payment.
c) The 50% minimum deposit paid to Boxmodel Digital Media Limited covers the cost of the initial website design work including all project meetings, design and development scoping etc. and is therefore non-refundable. Boxmodel Digital Media Limited do however reserve the right to decide upon whether a refund may be applicable in certain circumstances, but a refund is not guaranteed. If work has been carried out upto and including the value of the 50% deposit payment, a refund shall not be offered and this payment will be taken for work already carried out.
d) Due to the number of projects that we receive, it is important for the client to maintain regular contact with the website design team throughout the design process. If in the rare instance the client agrees to a project and pays the deposit and there is a period of no contact for 4 weeks or more, the web design project may be cancelled at our discretion and the client may lose their deposit payment.
e) Boxmodel Digital Media Limited will leave it up to the client to ensure that research is undertaken to ensure that the proposed website operates within the realms of U.K. law and that the site is not illegal in any way.
f) Any information that we hold in our database about yourselves will never be disclosed to any third party without your expressed permission, aside from those reasons listed above.
g) Any images that Boxmodel Digital Media Limited purchase for clients websites are to be used strictly on those websites. Boxmodel Digital Media Limited cannot be held responsible for the misuse of these images by other individuals, businesses and organisations.
h) Boxmodel Digital Media Limited cannot be held responsible for any business failings, shortfalls and losses in sales incurred by any of its clients.
i) Boxmodel Digital Media Limited will, if the client requires it, host the website, however Boxmodel Digital Media Limited cannot be held responsible for any website down time due to technical issues with the hosting intermediary.
j) In cases where Boxmodel Digital Media Limited have been asked to carry out search engine optimisation services for the client, we can not guarantee any high rankings on search engines.
k) Boxmodel Digital Media Limited, on every project will provide its clients with a project completion date. This date however is not guaranteed and we are not bound by this agreement in any way.
l) Boxmodel Digital Media Limited own all of the design templates and code on the website, until full payment for the website is received. Once full payment is received then the client owns all rights to the website code, apart from the content management system (if applicable).
m) All of the images displayed on the website are the sole responsibility of the client if any issues arise regarding copyright.
n) Domain names that are purchased by Boxmodel Digital Media Limited are legally owned by the client once they become active. It is therefore the responsibility of the client to renew his/her domain name in good time, because if this domain name expires, Boxmodel Digital Media Limited cannot be held responsible for this. Boxmodel Digital Media Limited will of course make a reasonable effort to contact the client to give any prior warning of domain name expiry.
o) The above also applies for the clients hosting account.
p) Boxmodel Digital Media Limited will allow the client upto 30 days to pay for his/her hosting and or domain name. If this is not carried out by the client, Boxmodel Digital Media Limited reserves the right to take the website down from a live position. If the cleint wishes to reactivate his/her domain name and or hosting account, there will be an administration charge of £25 for this service.
q) Where the client does not use Boxmodel Digital Media Limited for his/her hosting service, it is the full responsibility of the client to manage this service.
r) The above also applies for the clients domain name.
s) Where Boxmodel Digital Media Limited are asked to carry our "mock-up" designs for a client before the client has chosen a provider as part of any "pitch" Boxmodel Digital Media Limited reserve the right to bill the client at £50 per hour for any "mock-up" design work carried out.
Website Hosting and Support:
1. DEFINITIONS
In these special terms and conditions:
1.1 Any terms used which are defined in the Particulars or the General Terms and Conditions have the same meaning.
1.2 The following terms have the following meanings:
1.2.1 Code of Conduct means the minimum code of conduct required on a website to be hosted by Boxmodel Digital Media Limited.
1.2.2 Host Server means the dedicated server computer of the Business which is integrated into the World Wide Web via the Internet.
1.2.3 Material means any material contained in or linked to the Website and (if applicable) contained in any discussion group, chat room or bulletin board on the Website.
1.2.4 Service means the service described in clause 3 of these special terms andconditions.
1.2.5 Website means the Website of the Customer.
2. DURATION
This agreement continues until either party (without limiting any other remedy) terminates it by giving not less than three months' notice to the other.
3. WEBSITE HOSTING SERVICE
The Business agrees to host the Website on the Host Server and provide connection to the Internet via the same.
4. SUSPENSION/DISCONNECTION
The Business may suspend or disconnect the Service if the Customer:
4.1 fails to make payments when due.
4.2 is in breach of these special terms and conditions.
5. HOSTING CONDITIONS and CUSTOMER UNDERTAKINGS
5.1 The Customer undertakes to comply with the Code of Conduct and acknowledges and agrees that the Business is entitled at any time and without notice to remove the Website from the Host Server and/or bar access to the same in the event of any violation or alleged or suspected violation of the Code of Conduct or if otherwise authorised so to do by a competent law enforcement agency.
5.2 The Customer undertakes that the Material must comply with the following basic standards:
5.2.1 All information and activities must be legal, decent and honest (in terms of the Customers applicable law and standards);
5.2.2 Data protection legislation within the Customers applicable law must be adhered to in order that the collection of personal information is not traded or disclosed illegally;
5.2.3 Distance selling requirements as relate to on-line activities must be complied with as laid down in the Customers applicable law;
5.2.4 Other applicable trading standards and laws and regulations as the same are created from time to time and notified to the Customer must be complied with.
5.3 The Customer undertakes to comply with generally accepted principles of Internet usage (whether governed by the laws of any jurisdiction or not) including:
5.3.1 refraining from sending spam mail (i.e. unsolicited mass communications);
5.3.2 never sending mail bombs, trojan horses, viruses or other disruptive programmes or devices;
5.3.3 never pirating or otherwise illegally using software or other proprietary material;
5.3.4 never violating the security of any website or engaging in unauthorised decryption of protected material.
6. SPECIFIC CUSTOMER RESPONSIBILITIES
6.1 The Customer is solely responsible for the accuracy, legality, currency and compliance of the Material and Website and will be solely liable for false, misleading, inaccurate, infringing or other actionable Material.
6.2 The Customer is solely responsible for maintaining the confidentiality and security of its Internet Account and usage including, where applicable, use of its unique logon ID.
6.3 The Customer acknowledges and agrees that the Business may be required by a law enforcement agency to monitor Website content and traffic and if necessary give evidence of the same together with use of any logon ID required to support or defend any dispute or actionable cause or matter which arises in relation to the same.
7. CUSTOMER INDEMNITY and WAIVER
7.1 The Customer agrees to indemnify and keep indemnified the Business, its successors and assigns, and each of their respective directors, officers, employees and agents from and against any and all liability, damages, losses, claims (including reasonable legal fees) resulting in any way from its use of and from any Material posted on the Website, from its discussion groups or from any other matter relating to this Agreement including but not limited to use of the information contained on the Website, from discussion groups or arising from any introduction or collaboration resulting therefrom or otherwise arising from the Website.
7.2 The Customer waives any right to bring any claim or action against the Business for any loss, damage or injury arising from the Website or any Material from the Website or from the Code of Conduct.
8. EXCLUSION OF WARRANTIES
8.1 The Business does not warrant that the Service or the Host Server will be continuously available 24 x 7 x 365 but will use its reasonable endeavours to keep downtime to a minimum.
8.2 The Customer accepts the Service and the Host Server AS IS with any faults or failings and without any representation, warranty or guarantee whatsoever, express or implied, including without limitation any implied warranty of accuracy, completeness, quality, continuity of service, connectivity, merchantability, fitness for a particular purpose or non-infringement.
9. SELECTION OF DOMAIN NAMES
9.1 The Business may suggest domain names which it may be appropriate for the Customer to acquire. The Business will assist in the acquisition of domain names but will only act as the agent for the Customer in this capacity and, in particular:
9.1.1 the contract for registration will be between the Customer and the Naming Authority;
9.1.2 the Customer shall be bound by the terms and conditions of the Naming Authority and a copy of these will be provided by the Business to the Customer;
9.1.3 the Business does not guarantee registration of the selected domain names; and
9.1.4 the Business gives no warranty that any domain name so registered does not infringe the rights of others.
10. LIABILITY
For the purpose of clarity it is expressly stated that the exclusion from liability contained in clause 8 of the General Terms and Conditions extends to any loss or damage arising directly or indirectly from the Server, the connectivity to the Internet, the Services, the Website, any software (including Bespoke Software) its use, application or support.