TERMS & CONDITION
WEB DESIGN TERMS
DESIGN & FUNCTIONALITY
We use pre-made code, designs and layouts so
we don’t waste time creating your website from
scratch. The pre-made elements can be largely
customized so you will still end up with a unique website.
We are not responsible for any issues that may
arise related to the use of third party content,
code or systems. If any issues do arise we will
notify you and, if we are able to do so, provide a separate estimate for fixing the issues or liaising with the third party on your behalf.
You’ll have plenty of opportunities to review our work and provide feedback. If, at any stage,
you’re not happy with the direction our work is
taking, you’ll pay us in full for everything we’ve
produced until that point and cancel this contract.
TEXT & IMAGES
Unless agreed separately, we’re not responsible
for inputting text or images into your content
management system or creating every page on
your website. We provide professional
copywriting and editing services, so if you’d like
us to create new content or input for you, we
can provide a separate estimate for that.
You should supply graphic files in an editable,
vector digital format. You should supply
photographs in a high resolution digital format.
If you choose to buy stock photographs, we can suggest stock libraries. If you’d like us to search for photographs for you, we can provide a separate estimate for that.
CODE & TESTING
We deliver web page types developed from
HTML, CSS and JavaScript.
Browser testing no longer means attempting to
make a website look the same in browsers of
different capabilities or on devices with different size screens. It does mean ensuring that a person’s experience of a design should be appropriate to the capabilities of a browser or device.
We test our work in current versions of major
desktop browsers including Safari, Chrome and
Firefox. For mobile we test on iOS Safari and
Android Chrome. We won’t test in other or older browsers (e.g. IE, Edge, Blackberry or Opera) unless we agreed separately. If you need an enhanced design for an older browser, we can provide a separate estimate for that.
DOMAIN TERMS
GENERAL TERMS
All of our domain related services are forwarding services ultimately enacted by the registers or registrars we use. Our services are therefore
limited to those enabled to us by those third parties.
You agree to not use your domain in a manner
that is unlawful, infringe any intellectual
property rights or be considered abusive.
We occasionally change the registrar we hold
your domain with, in such a case we will email you with the access information which will allow you to update any payment information as required.
For compliance purposes we will check the
information provided against public records to
ensure its accuracy.
DOMAIN RENEWALS
If you have registered a domain with us we will
endeavour to renew your domain on your behalf as long as you have a valid and up-to-date payment method on your account and you have not set the domain to cancel or manual renewal.
You are entirely responsible for any consequences of a domain not being renewed.
Domain renewals are billed at the prevailing rate at the time of renewal. For example a domain renewal rate might be different from the renewal rate the previous year. You can request a copy of our domain rates by emailing
sales@birdmarketing.co.uk
EXPIRATION
If a domain is not renewed by its expiration date it will cease to operate and will be marked as expired.
A domain will expire if there are repeated failed
payments or a manual renewal has not been done.
Following the expiry date a domain may enter a grace or redemption period. Certain registries
do not allow for grace and/or redemption periods, in this case the domain may be
unrecoverable.
We may at our discretion renew a domain name that has expired
HOSTING TERMS
We understand the importance of server availability to our customers. We provide the following levels of service to ensure maximum performance and uptime. We provides Service Level Commitments in three key areas:
Network Quality – Bird Marketing is hosted by the “Google Cloud Network” meaning we rely on Google Cloud resources. Redundant network
components are used to ensure uptime and eliminate single points of failure. The Bird Marketing network has multiple redundant high-speed
connections providing fast, reliable connectivity.
Network Uptime – We guarantee that the network will be available 99.9% of the time in a given month, excluding scheduled maintenance. We shall
refund you 5% of the monthly fee per additional 30 minutes downtime (up to 100% of customer’s monthly fee). Network uptime includes functioning of all network infrastructure including routers, switches and cabling. Network downtime exists when a particular customer is unable to transmit and receive data and we record such failure in the Bird Marketing support ticket system. Network downtime is measured from the time the ticket is opened by a customer to the time the server is once again able to transmit and receive data. Network Uptime does not include failure of web sites due to corruption of data or web site pages not directly under our control.
Hardware Guarantee – Hardware replacement will begin immediately upon identification of the hardware failure and is guaranteed to be complete
within 24 hours of problem identification. We employ backups of hard drives, network cards, servers in case of a single point of failure. In case of a
catastrophic failure, we have provisions in place to restore any software component within 24 hours
SUPPORT TERMS
We understand the importance of prompt response and resolution times for our customers. We provide the following levels of service to ensure issues
are responded to and resolved in a timely manner.
Our Responsibilities
We will maintain and support the website(s) used by the client. Additionally, we will:
➔ Ensure relevant software and services are available to you in line with the agreement outlined in this contract.
➔ Respond to support requests as described in the SLA – and within reasonable time, in any case.
➔ Do our best to escalate and resolve issues in an appropriate, timely manner.
➔ Maintain good communication with you at all times.
Your Responsibilities
You will use the website(s) covered by this contract as intended. Additionally, the client will:
➔ Notify us of issues or problems in a timely manner.
➔ Provide us with access to equipment, software and services for the purposes of maintenance, updates and fault prevention.
➔ Keep the supplier informed about potential changes to its website(s).
➔ Maintain good communication with us at all times.
Exclusions
As this contract is written in a spirit of partnership, we will always make the best-possible efforts to provide support and rectify problems as requested.
However, this agreement only applies to the parts of the website(s) listed in the quote section. Additionally:
➔ This contract does not cover problems caused by using equipment, software or services in a way that is not recommended. If you have made
unauthorised changes to the configuration or set-up of equipment, software or services, this agreement may not apply.
➔ This contract does not apply to circumstances that could be reasonably said to be beyond our control. For instance: floods, war, acts of god and so on.
➔ This contract also does not apply if you fail to pay agreed invoices on time.
➔ Having said all that, we aim to be helpful and accommodating at all times, and will do its absolute best to assist you wherever possible
PAYMENT TERMS
We’re sure you understand how important it is as a small business that you pay the invoices that we send you promptly. As we’re also sure you’ll want to
stay friends, you agree to stick tight to the following payment schedule.
➔ Web Design: 50% deposit before the project is started.
➔ Web Design: 50% remaining on project completion or once project hour cap is reached, whichever is first.
➔ Recurring services: On the 1st of each month.
We issue invoices electronically only. Our payment terms are due upon receipt of invoice by Direct Debit or Stripe Card Payments (BACS or the SWIFT
international payments system can be used for one-off payments only). We do not accept Cheques or cash. If you have authorised us to take payments
via Direct Debit, Stripe or PayPal, we reserve the right to use this method for issuing payments for any money owed to us. All proposals are quoted in
pounds (£) and payments will be made at the equivalent conversion rate at the date the transfer is made.
You agree to pay all additional hours of work, at our standard hourly rate of £75 per hour. You also acknowledge that Bird Marketing Limited may
recommend 3rd party software or services, to be paid by you upon approval.
You agree to pay all charges associated with international transfers of funds. The appropriate bank account details will be printed on our electronic
invoice. We reserve the right to charge interest on all overdue debts at the rate of 5% per month or part of a month