BabelFish Designs - Terms & Conditions of Business
Terms of the Contract.
1. Having received a brief of requirements from The Client, either verbal or written, BabelFish Designs will produce a quotation detailing the work to be carried out. The Client must provide written confirmation that the quotation is acceptable by signing and returning a copy of the quotation. This will effectively form the basis of the contract.
2. This agreement constitutes the entire agreement between BabelFish Designs and The Client. In making this agreement each party confirms that they have not relied on any inducement not recorded in this agreement.
Copyright and Content
3. The Client MUST own copyright, or have reproduction rights, of all artwork, trade names, photographs, and other materials reproduced in The Client's project. The Client shall indemnify BabelFish Designs against any costs whatsoever in connection with the ownership of copyright or reproduction rights. The Client shall have full liability for the consequences of the contents of the printed literature, website or other project commissioned.
2. The Client's logos, artwork, graphics and photographs remain the copyright of The Client. Design, graphics and programming produced by BabelFish Designs remain the intellectual property of BabelFish Designs until full and final payment has been received.
3. All preliminary work carried out at The Client's request, whether experimentally or otherwise, shall be charged to The Client.
4. BabelFish Designs withholds the right to refuse publication of any content which it sees as being indecent, obscene or offensive towards others.
5. Proofs of all printed work may be submitted for The Client's approval and BabelFish Designs shall not be liable for errors not corrected by The Client in such proofs. The Client's alterations and additional proofs necessitated thereby shall be charged as additional charges. When style, type or layout is left to the judgment of BabelFish Designs, changes therefrom made by The Client shall be charged as additional charges. No responsibility will be accepted for any errors, including colour variations, in proofs approved by The Client.
1. BabelFish Designs will produce and publish temporarily on the BabelFish Designs website a design proof for The Client's approval. The design copyright of the proof shall remain the sole property of BabelFish Designs. Use of the design in any respect without the express written permission of BabelFish Designs will constitute breach of copyright.
2. BabelFish Designs will complete the design and build of The Client's website after receiving written confirmation that the design proof is satisfactory.
3. BabelFish Designs will release Website code and graphics when payment of the final invoice for the outstanding quotation value is received in full.
4. Once BabelFish Designs has received written confirmation that the design proof is satisfactory, modifications to the design specification will be considered an amendment to the contract. All modifications must be confirmed in writing.
5. Any consultancy service and general advice is, by its nature, subjective. It is up to The Client whether they decide to follow our ideas and suggestions. We cannot guarantee that any of those ideas and suggestions will positively improve business, increase traffic to The Client's website, improve ratings with search engines or boost sales.
Domain Name Registration and Website Hosting
1. BabelFish Designs will occasionally register domain names in The Client's name. In doing this, BabelFish Designs are acting as The Client's agent with the appropriate Naming Authority. The contract of registration is between The Client and them and The Client is bound by their terms and conditions (available on request).
2. Registration is for two years unless otherwise agreed. Although we will do our best to renew the registration for you, it is ultimately your responsibility to make sure this happens so please keep a note of the date.
3. BabelFish Designs will advise The Client on the most appropriate and cost-effective website hosting package supplied by a third party. The website hosting contract is between The Client and the hosting company and The Client is bound by their terms and conditions (available on request).
4. The Client takes all risks in connection with the solvency and performance of such third parties and The Client accepts that the third party has sole liability to provide such services.
The Client shall be responsible for effecting all necessary insurance in respect of any loss, damage, or expense that it may suffer directly or indirectly in relation to the provision or non-provision of BabelFish Designs' goods and services.
BabelFish Designs shall not be liable for any delay or failure to perform any of its contractual obligations as a result of war, flood, storm, riot, fire, accident, civil commotion, acts of god, government action, failure of power supply, equipment failure, lock out, strike, default or failure of subcontractor or suppliers or any other cause beyond its reasonable control and BabelFish Designs shall not be liable for any loss, damage or expense suffered by The Client or any third party arising directly or indirectly from any such matters.
Invoicing, Payment and Tender Validity
1. Payment for design services must (unless otherwise agreed with BabelFish Designs) be made as follows: 30% (or an agreed deposit) with order, 30% upon delivery of agreed phase of the website development, plus balance on completion. Design modifications will be a charged at the prevailing hourly rate dependant on type of service required.
ependant on type of service required. 2. Payment shall be made in UK Pounds Sterling to BabelFish Designs. Payments are due within 14 days of presentation of invoice. If due to bank charges, transfer fees, or the like, BabelFish Designs should receive less than its invoice amount, BabelFish Designs will re-invoice The Client for the shortfall. In the event that any amount remains unpaid 14 days after invoice date, BabelFish Designs reserves the right to discontinue, withhold, or suspend services to The Client to whom such unpaid amounts relate.
3. In accordance with The Late Payment of Commercial Debts Act 1998 interest will be charged on all payments received outside of payment terms at the rate of 2% above Lloyds Bank plc base rate. All charges incurred by BabelFish Designs due to late payment or cheques that require representing or fees required to recover debts will be passed onto The Client.
4. Tenders and Quotes are valid for 60 days from the date of the Tender or Quote. All prices quoted may be subject to change without notice after this period.
5. Once BabelFish Designs has undertaken a commission for services, a cancellation fee of up to 75% will apply if the contract is terminated through no fault of BabelFish Designs. An interim invoice will also be levied for up to 75% of the total quotation value if the commissioned project's content is not received within 60 days of commission.
1. BabelFish Designs cannot be held liable for any information contained within The Client's website or printed literature. The content of such remains the copyright and intellectual property of The Client. The Client is liable for any reasonable legal costs incurred by BabelFish Designs caused by the content of The Client's website or other project and agrees to indemnify BabelFish Designs for any awards made by a court of law.
2. Search Engine entry and ranking can in no way be guaranteed as this remains the sole discretion of a third party search engine provider.
3. No liability will be accepted for compatibility issues with code or any errors, omissions or failings of software code produced.
4. Where in the instance that a time scale or schedule has been given, BabelFish Designs will not be responsible for any money lost to The Client if the deadline is not met.
5. On completion of any website it is the sole responsibility of The Client to manage the site. BabelFish Designs will no longer be responsible for the site upon completion unless an alternative agreement has been reached.
6. Should BabelFish Designs waive any of these terms on an individual basis, this shall not affect the validity of remaining clauses or commit BabelFish Designs to waive the same clause on any other occasion.
7. This contract shall be subject to UK Law. Where it is held that BabelFish Designs is not entitled to rely on any term in this contract, then BabelFish Designs may also be allowed to cancel all rights and obligations under this contract, or to hold all other clauses as valid entirely at his sole discretion.
8. BabelFish Designs reserves the right to amend these terms and conditions at any time.