Definition of the terms as used within this document: A 'Project' is any work undertaken or service provided by Blue Monkey Web Design for the Client on their request and as described in our confirmation order email to that Client.
A 'Client' is a person, persons, business or organisation using any of the services provided by Blue Monkey Web Design.
'Live Mode' means the date the website is available on the Client’s chosen domain.
'Domain' is the website address as specified by the Client www.yourname.com
'Open Source Software' is software made freely available to anyone under the GNU General Public License (GPL).
'Hosting' this is where the world sees your site is a yearly cost to keep a clients website activated online.
'Content' is both text and images that the Client requires on the website.
Blue Monkey Web Design Terms & Conditions
1. The contract between Blue Monkey Web Design and the Client will be on these conditions, to the exclusion of all other terms and conditions. Any variations to these conditions shall have no effect unless agreed in writing.
2. The works to be carried out shall be as set out in the Blue Monkey Web Design confirmation order email.
3. Email will be the method of contact with regard to all communication. Although Blue Monkey Web Design can be contacted by telephone, we will use email / telephone or Skype as our method of communication and therefore it is the Client's responsibility to inform us of any change in email address so we always have up to date email contact details. Blue Monkey Web Design can not be held liable in any way relating to communication issues if we are not supplied a valid email address. Blue Monkey Web Design & Web Solutions will acknowledge all emails within 3 working days.
Blue Monkey Web Design will only commence work on a Project after receipt of a non refundable, 50% deposit of the quoted Project fee from the Client. Blue Monkey Web Design will also require 25% payment on approval of the overall design concept. The final 25% payment is to be made on completion of the website. The website will be switched to Live Mode once the Clients remaining balance is paid in full.
4. The deposit paid to Blue Monkey Web Design covers the cost of design work carried out as well as any admin work and communication with Blue Monkey Web Design. The deposit is non refundable.
5. Level 1 Flash animation refers to 3 hours of Flash development time on the clients website by Blue Monkey Web Design.
6. Blue Monkey Web Design shall expect the Client to carry out sufficient research before proceeding with a website. This will include checking that the website/idea/business will operate legally. It is important that the website is not in any way illegal.
7. It is important for the Client to keep in contact with Blue Monkey Web Design throughout the entire Project. If a Client does not make contact for 1 week we will make up to 5 attempts to contact the client by email using the email address specified when the client went ahead. If we do not receive a response to these attempts of contact the Project may be terminated, and the deposit will not be refunded.
8. Where images used on the website have been purchased by Blue Monkey Web Design on behalf of the Client, these images are strictly for use on the website only. Blue Monkey Web Design are not liable for misuse of these images by the Client or any other person’s copying, altering or distributing the images to individuals or other organisations.
9. Blue Monkey Web Design will host the website if the Client requires us to do so and on receipt of full payment of our Hosting fees. In doing so, Blue Monkey Web Design will endeavour to provide a reliable and professional service to the Client at all times but do not guarantee that the website Hosting will be available at all times, especially in the event of a technical failure beyond our control.
10. All hosting offered by Blue Monkey Web Design is limited to 200mb of website space unless otherwise stated in a separate contract. If your site requires more than 200mb of space we will advise of other hosting solutions and then cease hosting the site.
11. Blue Monkey Web Design cannot be held responsible for anything adversely affecting the Client's business operation, sales, or profitability that might be claimed is a result of a service offered by Blue Monkey Web Design & Web Solutions.
12. Where asked to provide search engine optimisation for a Client, Blue Monkey Web Design use and recommends "First Found" and Blue Monkey Web Design do not guarantee any specific placement or high ranking on search engines. This will be a separate Contract between “First Found” and the Client
13. Blue Monkey Web Design will provide the Client with an expected completion date for the Project (live on the internet) if requested. Blue Monkey Web Design will endeavour to meet any given deadline, but do not guarantee and are not bound in any way to complete the Project by this date. The expected completion date provided by Blue Monkey Web Design is purely an estimate.
14. It is the Client’s responsibility to check with Blue Monkey Web Design whether Open Source Software is being used or not.
15. The Client shall not be charged for Open Source Software. If there is a charge for a website using Open Source Software, the Client is paying for the installation, design and programming time. Open Source Software is not owned by Blue Monkey Web Design or the Client.
16. Blue Monkey Web Design own all design and code of the website until final payment has been received in full. Once final payment is received, the Client will then own the design and code of the website, unless Open Source Software is used. Images will have been purchased by Blue Monkey Web Design for the Client, unless the images have been supplied by the Client.
17. All images displayed on the Client's website will only be used after authorisation by the Client, and are the sole responsibility of the Client regarding usage and copyright. Should any legal issues or claims arise from the content or copyright of any images supplied by the Client or Blue Monkey Web Design & Web Solutions, they will be the sole responsibility of the Client.
18. Domain names will be registered by Blue Monkey Web Design and also registered to the Blue Monkey Web Design current address. Although the domain names are registered to Blue Monkey Web Design, the Client is the legal owner of the domain and if they request to have details changed or the domain transferred elsewhere, Blue Monkey Web Design will do this within a reasonable timeframe.
19. A domain name will be registered by Blue Monkey Web Design on behalf of the client once we have received the 50% deposit, 25% design payment, 25% final payment and a completed creative brief.
20. It is the responsibility of the Client to renew their domain names when due. If a domain name expires, Blue Monkey Web Design can not be held liable for this. However, Blue Monkey Web Design will make reasonable effort to contact the Client regarding domain renewal.
21. When a Client renews Hosting with Blue Monkey Web Design, this also includes domain renewal if the renewal is needed to keep the site functioning and was purchased as part of the Hosting package. If the Client does not renew the Hosting, their domain name could be made available to the public for purchase and Blue Monkey Web Design can not be held liable for this.
22. Renewal of Hosting is due on a yearly basis. The date of renewal will be annual from the date the website was ordered by the Client. The Hosting will not be renewed if Blue Monkey Web Design cannot contact the Client or the Client requests for Blue Monkey Web Design to not host this site. This will also affect the domain as per item 22.
23. The Hosting renewal charge must be received within 10 days of the Hosting expiry date. Blue Monkey Web Design reserves the right to deactivate any website where the Hosting has expired and the Client has not paid the renewal charge. There will be an admin fee set by Blue Monkey Web Design for reactivating the website/Hosting.
24. If the Client does not use Blue Monkey Web Design Hosting services, then the management and Hosting of the Domain name are the full responsibility of the Client.
25. Blue Monkey Web Design will provide 1 year's free hosting providing the client pays their deposit payment within 48 hours. If the deposit payment is not received within 48 hours then Blue Monkey Web Design reserves the right to charge £100+VAT for 1 years hosting of the client's website.
26. Should a Client wish to move Hosting away from Blue Monkey Web Design or transfer a Domain name away from Blue Monkey Web Design & Web Solutions, a £50 admin charge will be issued, which must be paid before the transfer takes place.
27. Blue Monkey Web Design has no control of, or responsibility for, the content of Clients’ websites. In no way does the textual or image based Content of our Client's web sites constitute Blue Monkey Web Design endorsement, or approval of the website or the material contained within the website. Blue Monkey Web Design has not verified any of the materials, images or information contained within our Client's web sites and is not responsible for the content or performance of these sites or for the Client's transactions with them. Blue Monkey Web Design provides links or references to our Client's websites solely for the convenience of prospective customers and intends that the links it provides be current and accurate, but does not guarantee or warrant that such links will point to the intended Client site at all times.
28. Blue Monkey Web Design are not liable for loss, damage or corruption to files or information stored on its servers or individual PCs relating to a Client's website. The Client is solely responsible for any information or files relating to its website.
29. If a Domain name is purchased by the Client through a company other than Blue Monkey Web Design, the Client has full responsibility in making sure that the domain name is renewed when due. Blue Monkey Web Design will not renew the Domain name when annual Hosting renewal is due if the Domain name is purchased through a company other than Blue Monkey Web.
30. Blue Monkey Web Design will take a 1.9% service charge payment on any payments received using a credit or debit card. If this is not acceptable to the client, we also accept BACS and Cheque as an alternative payment method.
31. Blue Monkey Web Design makes no claims that the contents of this website may be lawfully viewed or downloaded outside England and Wales. Access to this website may not be legal by certain persons or in certain countries. If this website is accessed from outside of the United Kingdom, it is done at own risk and the visitor is responsible for compliance with the relevant laws of the visitor’s jurisdiction. The terms and conditions of this website are governed by the laws of England and Wales. Jurisdiction for any claims arising in respect of this website’s Content shall lie exclusively with the courts of England. If any provision of these terms and conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect.