Bamboo Design reserves the right to amend this quote as and when needed.
STANDARD TERMS AND CONDITIONS
These are the standard terms and conditions for Online Services and Graphic Designs such as Website Design and Development, Logo Design, Broucher Design and apply to all work undertaken by Bamboo Design for its clients.
SUPPLY OF MATERIALS
You must supply all materials and information required by us to complete the work in accordance with any agreed specification. Such materials may include, but are not limited to, photographs, written copy, logos and other printed material. Where there is any delay in supplying these materials to us which leads to a delay in the completion of work, we have the right to extend any previously agreed deadlines by a reasonable amount.Where you fail to supply materials, and that prevents the progress of the work, we have the right to invoice you for any part or parts of the work already completed.
Project requirements should be clearly defined by client at the time of requirement understanding, variations must be provided in writing.
Contents provided by client should be accurate and clear .
We are pleased to offer you the opportunity to make revisions to the design. However, we have the right to limit the number of design proposals to a reasonable amount and may charge for additional designs if you make a change to the original design specification.
Any timeframes mentioned are a rough guide and may change once a project begins. Some common things that will impact on timeframes include:
• Clients who do not host with us and have hosting environments which slow down the development process.
• Feedback from the client at the beta delivery.
If the client puts the project on hold for any reason or if the project runs more than 3 months for any reason we will issue an invoice for the amount of time spent to date minus any amount already paid and the project will be finalised. If it doesn’t re-commence within 3 months any future work will be re-quoted.
PROJECT DELAYS AND CLIENT LIABILITY
Any time frames or estimates that we give are contingent upon your full co-operation and complete and final content in photography for the work pages. During development there is a certain amount of feedback required in order to progress to subsequent phases. It is required that a single point of contact be appointed from your side and be made available on a daily basis in order to expedite the feedback process.
The project will be invoiced as follows:
60% at commencement – this is defined as the date at which you inform us via email that you agree to the terms of the proposal and you wish to go ahead. The project will not begin until this invoice is paid in full.
40% at delivery. This is defined as the date you ask us to make the website live or we hand over the management of the site to you. Neither will occur until the invoice is paid in full.
Invoice terms are 14 days, agreeing to go ahead means agreeing to pay all invoices within 14 days. Please see our invoice collection policy below for more information on this.
Invoices are not refundable. If the client delays the project or decides not to go ahead then we invoice for any time spent over and above the equivalent hours for what has already been invoiced and then we terminate the project. Any invoices already issued are payable.
Project scope change can affect work that has been already performed. This means rework costs for work that has already started or worse, been completed.
Bamboo Design does not hold any intellectual property associated with new websites. We will keep a copy of all source files and reserve the right to re-use technical components developed during the project and will retain intellectual property rights on each development. All creation files remain the property of Bamboo Design. Bamboo Design retains the right to showcase work created for the client on the Bamboo Design website and / or for other promotional purposes.
WARRANTY BY YOU AS TO OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS
You must obtain all necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names and trademarks, or any other material that you supply to us to include in your website or web applications.
You must indemnify us and hold us harmless from any claims or legal actions related to the content of your website.
OWNERSHIP OF DOMAIN NAMES AND WEB HOSTING
We will supply your account credentials for domain name registration and/or web hosting that we purchased on your behalf when you reimburse us for any expenses that we have incurred.
Once you have paid us in full for our work we grant to you a license to use the website and its related software and contents for the life of the website.
Where clients decide to organise their own hosting, we should be consulted before finalising the type of hosting and database, as it should meet the requirements of the technology used for the development. Please note that we’ll require full access with hosting support for testing and deploying the application. We will not be liable for any delays or errors caused by direct or indirect actions of the hosting company.
Bamboo Design SEO services are provided both as one-off service offerings and ongoing monthly services, We will perform SEO related services to the best of Bamboo Design’s knowledge and ability
Bamboo Design does not guarantee a ranking result in Google and in signing up to our program you agree you have watched our introductory videos and understand that Google’s algorithm is complex and dynamic and therefore ranking positions can change quickly and dramatically. Your website’s ranking for a term will be influenced by a lot of factors, some things we can influence, some things will be influenced by you, and some will be influenced by other people including the broader market and your competitors.
Our program is predominantly designed to improve rankings in Google’s search engine and may or may not improve results in other search engines. Participants in our SEO program accept that we cannot guarantee that participation in the program will improve your rankings, improve your traffic or improve your revenues.
You are responsible for complying with all relevant laws relating to e-commerce, and to the full extent permitted by law will hold harmless, protect, and defend and indemnify Bamboo Design and its subcontractors from any claim, penalty, tax, tariff loss or damage arising from your or your clients’ use of Internet electronic commerce.
We shall not be liable for any loss or damage which you may suffer which is in any way attributable to any delay in performance or completion of our contract, however that delay arises.
BUGS OR ERRORS
When a project has been delivered and approved, the client will have a three month grace period where Bamboo Design will address any reported system errors or bugs free of charge. After this grace period any required maintenance will be billed at our standard hourly rates.
You agree to reimburse us for any requested expenses which do not form part of our proposal including but not limited to the purchase of templates, third party software, stock photographs, fonts, and domain name registration, web hosting or comparable expenses.
You are responsible for maintaining your own backups with respect to your website and we will not be liable for restoring any client data or client websites except to the extent that such data loss arises out of a negligent act or omission by us.
We reserve the right to subcontract any services that we have agreed to perform for you as we see fit.
Content management websites should be managed by the client themselves after completing project. Bamboo Design will not guide to edit / update the content management websites.
We (and any subcontractors we engage) agree that we will not at any time disclose any of your confidential information to any third party.
To the full extent permitted by law, all terms, conditions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise (other than the express provisions of these terms and conditions) relating in any way to the services we provide to you are excluded. Without limiting the above, to the extent permitted by law, any liability of Bamboo Design under any term, condition, warranty or representation that by law cannot be excluded is, where permitted by law, limited at our option to the replacement, re-repair or re-supply of the services or the payment of the cost of the services that we were contracted to perform.