Our Agreement
ENGAGEMENT
Bildabiz (“we”) is a business with an administrative address of Kings House
14 Orchard Street,
Bristol,
BS1 5EH,
We provide web design and web development services relating to the creation, modification and maintenance of websites.
Subject to the terms and conditions of this agreement, Bildabiz agrees to provide and you agree to procure from Bildabiz web design and web development services (hereinafter the “Web Design Project”) relating to the creation, modification and maintenance of a bespoke website (“Website”) for you in order to support your activities.
The specific nature and extent of the services to be provided by Bildabiz are specified below:
Bildabiz is a Pay As You Go Subscription Service, which means that for as long as you decide to maintain your working relationship with us, and your payments fall within our terms and conditions, we will conduct all work relating to your website, whilst taking all reasonable steps to ensure that your website is viewable on the World Wide Web.
We reserve the right, to assign subcontractors to ensure that the terms of this agreement are met, and we further agree to notify you of changes to policies, practices and price changes as and when they occur.
WEBSITE DELIVERY AND COMPLETION
We will work with you to ensure that your Web Design Project and site updates are completed in a timely manner.
Your Website will be ready for the addition of text and images no more than 1 week from the date that we receive your order, payment and
design choice.
When you confirm that the content and operability of the test site is complete to your satisfaction, the Website will be published on the World Wide Web within seven days thereafter.
WEBSITE CONTENT
You hereby warrant that you will supply all content relating to your website pages, and unconditionally guarantee that all text, graphics, photos, designs, trademarks, or other artwork furnished to Bildabiz for inclusion in your website are owned by you, or that you have permission from the rightful owner to use any such elements.
You hereby agree to indemnify and defend Bildabiz and its subcontractors from any liability including legal fees, and court costs, including any claim or suit, threatened or actual, arising from the unauthorised use of any such elements.
We hereby warrant that we will provide all website framework design technology elements relating to the Website on the basis that they are either owned by us or that we have received permission from the rightful owner to use such elements. We hereby agree to indemnify you from any liability including legal fees and court costs, including any claim or suit, threatened or actual, arising from the unauthorised use of any such elements.
HOSTING, TECHNICAL SUPPORT AND SITE UPDATES
Your site is hosted on Bildabiz secure servers.
Email and Telephone support is carried out from Monday-Friday between the hours of 9am- 4pm.
Support requests are completed within two business days, excluding weekends and holidays.
We monitor our websites for security and accessibility 24 hours a day, and in the case of an interruption in service we will ensure that your site is up and running as soon as possible.
We will notify you by SMS and or email message from time to time when we need to perform necessary upgrades and or security checks to our service.
PAYMENTS
Bildabiz operates an automated payment system linked to your website and offers the facility to pay for services by card payment and or invoice.
Our credit Terms terms are as follows:
- On the 1st of every month we send an invoice with strict 15 day terms, which we mark as paid upon receipt of payment.
- Automatic late payment reminders are sent on the 16th of every month.
- If payment is not received within 14 days of a late payment notification, your site is automatically suspended.
- Services are resumed within 24 hours of receipt of payment of any outstanding balance
ADDITIONAL CHARGES
Any approved structural amendments to your site including design layout changes, colour scheme changes, logo design, database applications or additional web development work, will be subject to quotation.
All additional fees are due and payable prior to the commencement of commissioned work.
Refunds and Cancellations
- Refund/Cancellation requests must be made via email to accounts@bildabiz.co.uk
Requests made by phone, chat or text message will not be accepted.
You are entitled to get 100% refund of the monthly/annual payment you made in the event of: - Bildabiz not completing site build (excluding the addition of content) within one week of confirmation of your design choice.
- You want to cancel the project within 24 hours of making payment.
You are not satisfied with your website AND you notify us within 30 days of your initial payment. - If at any other point you choose to cancel your Bildabiz subscription, we are unable to offer a pro-rata refund for the remaining period of an unused subscription.
Setup Fee:
Any setup fees we may charge are applied directly to expenses incurred by Bildabiz in the setup phase and is non-refundable.
No refund will be given if:
* You request for cancellation comes after 30 days of your initial payment.
* Project delays are caused by lack of response to email prompts by our support team.
Domain Registration:
* Domain registrations are not eligible for refunds.
Duplicate Payments and/or Payments Received After Account Cancellation:
We will notify you twice if we receive duplicate payments or if we continue to receive standing order payments after your account has been cancelled.
If we do not receive a response within one month from the day we send the second email reminder , all payments will not be eligible for refund.
Bildabiz reserves the right to disable and/or terminate a client’s account, services, or contract if a client is found in violation of our terms and policies. Termination due to policy violations will not be refunded.
TERMINATION
You are free to cancel your agreement with Bildabiz at anytime, and the steps for cancellation are as follows:
- Notify us in writing
- Cancel your subscription via your chosen payment method
- The website service will cease 30 days from your most recent payment.
Bildabiz reserves the right to terminate any website project by giving 30 days written notice.
- You will receive a copy of your intellectual property, which means all text, graphics, photos, designs, trademarks, or other artwork furnished to Bildabiz for inclusion in the Website, such as are owned by you, or for which you have been given permission from the rightful owner to use.
- Your files will be removed from our servers
All site designs remain the copyright of Bildabiz.
COPYRIGHT
Copyright to the written and image content of the Website supplied by you is owned by you.
Rights to images, graphics, source code, work-up files, software and or computer programs supplied by Bildabiz, remain the property of their respective owners.
Bildabiz and its subcontractors retain the right to display graphics and other Web design elements as examples of their work in their respective portfolios, subject to such display graphics and other Web design elements remaining the property of their respective owners.
LEGAL NOTICE
In no event will Bildabiz be liable to the Client or any third party for any damages, including but not limited to, service interruptions caused by Acts of God, our hosting Service partners or any other circumstances beyond our reasonable control, any lost profits, lost savings or other incidental, consequential, punitive, or special damages arising out of the operation of or inability to operate this Web Design Project, failure of any service provider, of any telecommunications carrier, of the internet backbone, of any internet servers, you or your site visitor’s computer or internet software.
For the purposes of this clause, circumstances beyond our reasonable control exclude the patching of servers, software updates and rollbacks, software and hardware fallback provision and data security.
THIS AGREEMENT
This agreement constitutes the sole agreement between you and Bildabiz regarding your website design and becomes effective by clicking I agree.
This agreement shall in all respects be construed and enforced in accordance with the laws of England and the parties accordingly irrevocably agree that the courts of England shall have exclusive jurisdiction to hear, settle and/or determine any dispute, controversy or claim (including any non-contractual dispute, controversy or claim) arising out of or in connection with this agreement, including any question regarding its existence, validity, formation or termination. For these purposes, each party irrevocably submits to the jurisdiction of the English courts.