The T&Cs of TBC
1. CONDITIONS OF CONTRACT
A) No condition or stipulations, which are attached to the customer’s proposal or contract, and which are inconsistent with these terms or which add to or modify them in any way, shall have any effect, unless expressly accepted in writing by Twisted BagPipes Creatives (TBC) at the time of acknowledgement of each separate order. In the absence of such acceptance, the customer shall be deemed to have withdrawn or waived their conditions or stipulations and to contract solely on these terms.
B) It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote 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 purchase or use of our services implies that you have read and accepted our terms and conditions.
C) All orders must be in writing.
A) After acceptance, orders shall not be subject to cancellation or alteration, except with the agreement of TBC in writing and signed by an TBC.
B) Cancellation of orders for services especially made to customer’s specifications cannot be accepted.
C) Cancellation or alteration charges will be applicable, to cover the cost of TBC administration.
A) Agreed payment terms will be set out on the proposal or contract unless otherwise agreed in writing and signed by TBC.
B) All invoices are to be paid within 30 days of issue.
C) If payment is not made in accordance with the agreed terms set out on the order form, TBC reserves the right to charge the customer an additional £40.00 on top of their outstanding invoice every 10 working days after the payment due date.
D) Failure to make due payment for any product, under these terms, or any other contract between the customer and TBC, shall entitle TBC to delay, suspend, or cancel works in whole or in part at its option, or withdraw account facilities.
E) If account facilities are withdrawn, then all outstanding invoices will immediately fall due for payment, and a demand as such will be made at the time of withdrawal of these facilities.
F) No work will be undertaken until at least a 30% deposit is received. All print, print design, signage and similar products require a 100% up front payment.
G) Customers who choose to make their own hosting arrangements must pay 100% payment up front and check with TBC that their chosen hosting package is compatible with TBC’s software. TBC will not be held responsible for any problems that are encountered due to hosting that has been arranged by the customer. If hosting has been arranged by the customer TBC are not responsible for any further payments that may incur to upgrade or change the customer’s current hosting package.
A) All 12 month contracts expire 12 months after the date that an order was placed. This includes hosting, domain names, emails, Search Engine Optimisation (SEO), maintenance and other annual packages. If a customer wishes to stop using TBC’ services after the agreed contract period it is their responsibility to cancel any standing orders, otherwise TBC will continue to carry out the monthly work that was set out in the initial order. TBC will not give any refunds to customers who have forgotten to cancel their standing orders.
B) TBC have the right to cancel all services if the customer has not made a renewal payment within 30 days of the agreed renewal date. This includes the cancellation of domain names.
5. RETENTION OF TITLE
A) The property and title to the goods shall remain with TBC, until such time as all sums owing for and in respect of the goods have been received from the customer by TBC.
6. DESIGN /DATA
A) All content including designs and artwork remain the property of TBC until they are paid for in full. We reserve the right to use design styles and methods in multiple applications and for a variety of usage unless stipulated in writing by an TBC at the time of orders placed.
B) Some products provided by TBC will contain materials, such as images, that have been purchased from third parties. TBC purchase a licence to use these materials but does not own them and therefore once a customer has paid TBC in full the customer does not have ownership of these materials.
C) TBC will not put a website live until it has been paid for in full.
D) Some of TBC services can be paid for on a monthly basis (including SEO). This is to be paid by standing order on the 1st of the month using the account details provided by TBC. These services are based on a 6-12 month contract. All web related content including designs and artwork remain the property of TBC until the full 12 months have been paid for in full. Until then, TBC have the right to suspend the customer’s website and any other additional services.
E) TBC should be made aware of sensitive data when the order is placed as TBC cannot be held responsible for data theft or copying unless notified in advance.
F) Once a website has been completed and all payments due have cleared the website and all of its content is solely the responsibility of the customer. For example, if the website does not pass W3C standards TBC will not be held responsible. Any content that goes against copyright and any other laws will also be the customer’s responsibility.
G) TBC cannot be held responsible for any technical problems that affect the appearance and functionality of a website due to software upgrades. This also includes new additions of web browsers and other advances in technology. After we have received the full payment any changes to a website will incur an additional cost.
H) TBC will only perform browser testing in Internet Explorer 8 and above, Firefox 4 and above, Safari 6 and above and Opera 11.61 and above.
I) TBC will only test HTML emails in what they class to be the most popular email clients and cannot be held responsible for any differences in design from one email client to the next.
7. FAILURE TO PROVIDE REQUIRED WEBSITE CONTENT
A) TBC is a small business, to remain efficient we must ensure that work we have programmed 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 at the time arranged.
B) This is why we ask that you provide all the required information in advance. On any occasion where progress cannot be made with your website because we have not been given the 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%. If your project involves Search Engine Optimisation we need the text content for your site in advance so that the SEO can be planned and completed efficiently.
C) If you agree to provide us with the required information and subsequently fail to do within four weeks of project commencement we reserve the right to close the project and the balance remaining becomes payable immediately. Simply put, all the above condition says is do not give us the go ahead to start until you are ready to do so.
D) NOTE: Text content should be delivered as a Microsoft Word, email (or similar) document 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.
A) We shall use our best endeavours to provide you with general advice about our goods.
B) The responsibility for ensuring that goods are sufficient and suitable for your requirements is your sole responsibility.
9. LOSES / HACKING
A) While TBC will use its best endeavours to meet any stated delivery dates, time shall not be the essence of the contract and TBC shall not be liable for any loss or damage whatsoever, resulting directly or indirectly from late completion.
B) TBC cannot be held responsible for any type of data or financial loss. This includes viruses, hacking and administrative errors. It is the responsibility of the customer to check for technical and visual errors on all websites. This includes ensuring that product and service descriptions as well as tax, delivery and other charges are correct. TBC cannot be held responsible for any of the above errors.
C) TBC cannot be held responsible for the loss or damage of files or data during the transfer of a website from an existing host. It is the customer’s responsibility to ensure that all files and data are backed-up.
D) TBC takes hacking / attacks / viruses and any type of malicious intent to customer’s websites very seriously. TBC cannot be held responsible for any type of loss during a hack / attack or there malicious intent and it is the customers responsibility to take measures to restore their website. During a malicious attack the website may be taken offline until it can be seen safe to be put back online.
A) All website design packages can include 12 months free hosting from the date an order is placed. After this 12 month period if you wish to continue having your hosting setup by TBC you will be required to pay an annual fee. TBC Designs has the right to change this fee at any given time.
B) If customers opt for TBC to setup hosting for their website, TBC has the right to charge an additional fee if your website’s bandwidth or file space exceeds what TBC considers reasonable.
C) You may be charged extra for email accounts, SQL databases and other add-on services and products.
D) TBC cannot be held responsible for the failure of email setups on computer, phone or other electrical devices.
E) The project price will cover the agreed / proposed work that is detailed in the proposal, specification or quotation only. Should the client decide that further features or changes are required after work on the website commences that was not included within the original proposal, specification or quotation, then these changes can be accepted with the provision that additional charges may have to be negotiated or re-quoted for to cover the additional work.
F) Minor updates and amendments to content will incur a charge starting from £60 i.e. a minimum charge of 1hr (minor work will require full payment up front).
11. SEO AND MAINTENANCE PACKAGES
A) If a customer signs-up for a 6-12 month SEO or maintenance packages it is their responsibility to cancel their standing order once the 6-12 month contract comes to an end. No refunds will be given if customers fail to cancel their standing order and they will automatically be moved onto a monthly contract.
B) Customers who have signed-up for a pay per month package, must ensure that a payment is made on or before the 20th of every month, unless another date has been agreed in writing by an TBC.
C) By agreeing to the contract/proposal SEO customers automatically give their permission for TBC to put links on their website to other company websites. This is to aid the service that we offer.
D) By signing the order form SEO customers automatically agree to allow TBC to give out their personal business details including contact name and contact details to other companies. This is to aid the service that we offer e.g. submitting to certain directories.
E) SEO customers will not be allowed to change their key phrases until the agreed contract period has come to an end without prior agreement from TBC.
F) Customers who are on a maintenance package agree to submit a request for work to be carried out to their website at least 48 working hours before they wish for the updates to be carried out.
G) For customers on any type of SEO package, TBC do not guarantee what position on Google’s search results pages a customer’s website will appear and are not liable for any business lost due to rankings drop that may occur due to e.g. change in google`s algorithms or competition ranking increase.
H) All maintenance packages (unless otherwise agreed in writing by TBC) include up to 2 hours worth of website updates per month.
I) All maintenance and natural SEO packages do not allow for updates to be made to the layout and design of websites.
A) TBC have a multiple reseller account with UK based hosting companies. Customers that sign-up for a hosting package with TBC acknowledge that TBC use a third party company for their hosting services.
B) TBC’ standard web hosting comes with 500MB of web space, 1GB of email space and 5 My SQL databases and the cost is £15p/m (12 months payable in advance). If customers exceed theses limits or require additional hosting services they maybe charged accordingly.
C) TBC have the right to charge a customer an additional fee if TBC feel that the customer’s website is using up an excessive amount of bandwidth.
D) A £75 transfer fee maybe applicable for the transfer of any domain away from our domain registrar. If the domain wants to be transferred away within the first year while enjoying the first year free hosting option, then a charge of £75 maybe applicable for transfer to cover admin fees etc.
E) Hosting terms and conditions can be viewed here. (pdf 60kb)
12.1 Hosting Late Payment Procedure
Step 1: Invoice - 7 days before due time the client is invoiced
Step 2: Late notice - 24 hours after invoice is due
Step 3: Late fee - 3 days after invoice is due - (charge of £75 is due)
Step 4: Suspension - 7 days after invoice is due