The following terms and conditions apply to all website development/design services/project work provided by B24media to the Client.
It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply with a “wet signature”. Where a Client accepts a digital contract/proposal/estimate then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.
Please read these terms and conditions carefully. Any agreement to use our services implies that you have read and accepted our terms and conditions.
Charges for services to be provided by B24media are defined in the project quotation that the Client receives via email and/or in the client service area. Quotations are valid for a period of 30 days from creation. B24media reserves the right to alter or decline to provide services after expiry of the 30 days.
Unless agreed otherwise with the Client, all web design services require an advance payment of forty (40) percent of the project quotation total before the draft is supplied to the Client for review with the remaining sixty (60) percent, of the project quotation total split into two parts. Forty (40) percent is due within 30 days of the design stage being started or upon completion of the work to the live stage, whichever is sooner. The remaining twenty (20) percent is due within 7 days of the website being made live.
For all other work and services fifty (50) percent of payment is due upfront with the remaining fifty (50) percent due within 7 days of work completion.
Payment for services is due by Credit/Debit Card or bank transfer. Payment and bank details will be made available on all invoices and within the Client area.
3. Client Review
In instances of website creation B24media will provide the Client with an opportunity to review the appearance and content of the website during the draft/design phase and once the overall website development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies B24media otherwise within ten (10) days of the date the site is made live to the Client.
4. Turnaround Time and Content Control
B24media will install your website on our hosting package initially for 3 months or supply the Client’s website upon mutual sign off of our design process checklist.
In return, the Client agrees to delegate a single primary contact to aid B24media with progressing the project in a professional and timely manner. All progress will be visible in the client area through our project management system.
During a complete web design project, B24media will require the Client to provide website content including but not limited to: text, images, video files and sound files to populate the website. To aid in this a content guide will be provided outlining the minimum requirements for files such as image resolution, file formats etc…
5. Failure to provide required website content:
B24media is a small business – to ensure we remain efficient we must ensure that work we have planned is carried out at the scheduled time. On occasions we may have to reject offers for other work and enquiries to ensure that your work is completed within a reasonable timeframe.
This is why we ask that you provide all the agreed information within one (1) week of an agreed discussion. If an occasion arises where progress cannot be made with your website because we are awaiting required information in the agreed time frame, and we are delayed as result, we reserve the right to impose a surcharge of up to 25%. To enable effective Search Engine Optimisation we need to review the text content for your site agreed in advance so that the SEO analysed and changes or updates can be made as required.
If you agree to provide us with the required information and subsequently fail to do within the agreed time, normally one (1) week we reserve the right to use dummy text and the balance remaining becomes payable immediately. To change this text at a later date a minimum charge of 2 hours per page at our current rate (hourly pricing) will be charged. After the initial discover stage please begin to consider and plan the content you would like on your website.
B24media agree to make periodical updates to any sites commissioned and hosted by B24media. This is subject to a fair usage clause. B24media reserve the right to refuse to update websites if such requests exceed 3 hours of development time per site per annum. All work outside of this scope will be charged at our hourly rate.
NOTE: Text content should be delivered as an Apple Pages, Microsoft Word, Google Docs, PDF file or within the client service area with the pages in the supplied document representing the content of the relevant pages on your website. These pages should have the same titles as the agreed website pages. Contact us if you need clarification on this.
Where your website is underpinned by a content management system such as wordpress you will be provided with a custom dashboard to allow you to post and create news/blog articles.
Invoices will be provided by B24media at various stages of a projects development. Invoices are stored within the client service area and an email notification will be sent; from the service area invoices can be downloaded in PDF format and printed. Invoices are due upon receipt. Accounts that remain unpaid thirty-five (35) days after the date of the invoice will be assessed and a service charge in the amount of the higher of twenty percent (20%) or £30 per month of the total amount due, whichever is greater.
7. Additional Expenses
The Client agrees to reimburse B24media for any additional expenses necessary for the completion of the work. Examples include the purchase of additional fonts, stock photography, plugins etc. This payment will be required prior to the purchase of the additional required materials.
8. Web Browsers
B24media makes every effort to ensure websites are designed to be viewed by the majority of your visitors. Websites are designed to be fully supported with the most popular browsers (e.g. Firefox, Microsoft Edge, Google Chrome, Apple Safari) including those on mobile devices. The client agrees that B24media cannot guarantee correct functionality with all browser software across different operating systems.
B24media cannot accept responsibility for web pages which do not display correctly in obsolete or future versions of browsers released after the website has been made live. As such, B24media reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.
Accounts unpaid thirty-five (35) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on B24media web servers. B24media will, at its own discretion, remove all content from its web hosting. B24media is not responsible for any loss of data or revenue incurred due to the removal of the content. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account. A surcharge of £10 will be added to a Clients account daily until all payments are up-to-date including and additional fees as a result of late payment. Clients with accounts in default agree to pay B24media reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by B24media in enforcing these Terms and Conditions.
Termination of services by the Client must be requested in a writing, this can be sent via email and will be effective on receipt of such notice. Verbal requests for termination of services will not be accepted unless confirmed in writing. The Client will be invoiced for design work completed to the date of first notice of cancellation for payment in full within thirty-five (35) days or the account will default and will be liable for additional charges.
All B24media services may be used for lawful purposes only. You agree to indemnify and hold B24media harmless from any claims resulting from your use of our service that damages you or any other party.
The Client retains the copyright to data, files and graphic logos provided by the Client, and grants B24media the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting B24media permission and rights for use of the same and agrees to indemnify and hold harmless B24media from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the Client to B24media that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
13. Standard Media Delivery
Unless otherwise specified in the project quotation, this agreement assumes that any text will be provided by the Client in an electronic format and that all photographs and other graphics will be provided in .gif, .jpeg or .png format. These can be supplied to B24media via the Client service area, or another form of cloud storage i.e DropBox, One Drive or Google Drive. Although every reasonable attempt shall be made by B24media to return to the Client a digital archive of all content digital material provided for use in creation of the Client’s website, such return cannot be guaranteed.
14. Design Credit
A link to B24media will appear in either small type or a small graphic located in the footer of the Client’s website. If a graphic is used, it will be designed to fit in with the overall site design. If a Client requests that the design credit be removed, a nominal fee of 25% of the total development charges will be applied. When total development charges are less than £300, a fixed fee of £100 will be applied. The Client also agrees that the website developed for the Client may be presented in B24medias portfolio regardless as to whether design credit on the website is present or not.
15. Access Requirements
If the Client’s website is to be installed on a third-party server, B24media must be granted temporary read/write access to the Client’s storage directories which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server. Migrating a website to a third party server will be charged at an hourly rate with a minimum of two (2) hours work billable.
16. Post-Placement Alterations
B24media cannot accept responsibility for any alterations caused by a third party occurring to the Client’s pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.
17. Domain Names
B24media can purchase domain names on behalf of the Client. Payment and renewal of those domain names is the responsibility of the B24media for which an invoice will be created thirty (30) days prior to expiring . The loss or cancellation of the domain brought about by non or late payment by the client is not the responsibility of B24media. The Client should keep a record of the due dates for payment to ensure that payment is received in good time as no additional reminders will be sent.
These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s acceptance via contract, quote, estimate or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.
19. Governing Law
This Agreement shall be governed by English Law.
B24media hereby excludes itself, its Employees and or Agents from all and any liability from:
The entire liability of B24media to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.
In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid clause.