Application and entire agreement

  1. These Terms and Conditions apply to the provision of the services detailed in our quotation (Services) by David Plummer of 4 Newton Road, Walcot, Lincolnshire, NG34 0SU (we or us or Service Provider) to the person buying the services (you or Customer).
  2. You are deemed to have accepted these Terms and Conditions when you accept our quotation or from the date of any performance of the Services (whichever happens earlier) and these Terms and Conditions and our quotation (the Contract) are the entire agreement between us.
  3. You acknowledge that you have not relied on any statement, promise or representation made or given by or on our behalf. These Conditions apply to the Contract to the exclusion of any other terms that you try to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
  4. Interpretation

  5. A "business day" means any day other than a Saturday, Sunday or bank holiday in England and Wales.
  6. The headings in these Terms and Conditions are for convenience only and do not affect their interpretation.
  7. Words imparting the singular number shall include the plural and vice-versa.
  8. Services

  9. We warrant that we will use reasonable care and skill in our performance of the Services which will comply with the quotation, including any specification in all material respects. We can make any changes to the Services which are necessary to comply with any applicable law or safety requirement, and we will notify you if this is necessary.
  10. We will use our reasonable endeavours to complete the performance of the Services within the time agreed or as set out in the quotation; however, time shall not be of the essence in the performance of our obligations.
  11. All of these Terms and Conditions apply to the supply of any goods as well as Services unless we specify otherwise.
  12. We reserve the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their Terms and Conditions.
  13. We make every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Google, Bing, Firefox etc.). We cannot guarantee correct functionality with all browser software across different operating systems.
  14. We cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website has been designed and handed over to the customer. As such, we reserve the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.
  15. Whilst we and our suppliers will always endeavour to give you the best possible level of service, we cannot guarantee the availability of service. Neither we or our suppliers accept responsibility for any losses caused through a loss of service.
  16. Hosting websites
  17. We offer a limited hosting services through an out-sourced virtual server. We do not guarantee continuous service and will accept no liability for loss of service, whatever the cause.
  18. Web hosting is an online service that enables you to publish your website or web application on the Internet. When you sign up for our web hosting service, you basically rent some space on a physical server where you can store all the files and data necessary for your website to work properly.
  19. Storage and Bandwidth required are estimated based on initial consultation. If either exceed expected usage, then the hosting fees will be revised.
  20. Telephone support is offered during normal working hours or beyond in emergencies.
  21. Customers agree to an initial twelve (12) month contractual term of service, following that, hosting agreements will automatically renew for successive twelve (12) month Terms unless cancelled in writing by the customer at least 30 days prior to the end of term renewal date. Renewal prices are subject to change. Renewal of services by the customer indicates agreement to any contract revisions and price changes. Renewal fees will be automatically invoiced to customer's account.
  22. Email accounts created (e.g. name@yourwebsite.com) as part of your hosting package, can be accessed via webmail login or an email client of your choice. Email clients offer setup and troubleshooting information online. (An email client is a computer program used to access and manage a user's email. Eg. Outlook, Thunderbird or Gmail)
  23. We make no warranties or representations of any kind, whether expressed or implied for the hosting service provided. We also disclaim any warranty of merchantability or fitness for any particular purpose and will not be responsible for any damages that may be suffered by the customer, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the customer.
  24. Connection speed represents the speed of an end-to-end connection. We do not guarantee the speed or availability of end-to-end connections.
  25. We expressly limit our damages to the customer for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability. We specifically deny any responsibilities for any damages arising as a consequence of such unavailability.
  26. We may request that customers change the type of hosting account used if that account is deemed by us to be unacceptable because of poor service, lack of bandwidth or in any other way insufficient to support the website. Fees for hosting are due monthly from the commencement of any period of service and are non-refundable.
  27. Domain Registration
  28. It is recommended that customers purchase their own domain names. We cannot guarantee the availability of any domain name. If we are to register a domain name on behalf of a customer that domain name becomes our property and the customer should not assume a successful registration.
  29. Fees due to third parties for the renewal of domain names are the sole responsibility of the customer / domain owner.
  30. Search Engine Submission
  31. Due to the infinite number of considerations that search engines use when determining a site's ranking, we cannot guarantee any particular placement/ranking. Acceptance by any search engine cannot be guaranteed and when a site is accepted, the time it takes to appear in search results varies from one search engine to another. Rankings will also vary as new sites are added.
  32. Design Credits
  33. The customer agrees to allow us to place a small credit on printed material exhibition displays, advertisements and/or a link to our own website on the customer's website. This will usually be in the form of a small logo or line of text placed towards the bottom of the page. Unless previously agreed, the customer agrees to allow their logo, website and other designs, with a link to the customer's site be used on own website for demonstration purposes and to use any designs in its own publicity and portfolios.
  34. Your Obligations

  35. You must obtain any permissions, consents, licences or otherwise that we need and must give us with access to any and all relevant information, materials, properties and any other matters which we need to provide the Services.
  36. If you do not comply with clause 10, we can terminate the Services.
  37. We are not liable for any delay or failure to provide the Services if this is caused by your failure to comply with the provisions of this section (Your obligations).
  38. We not obliged to edit, check or guarantee the correctness thereof of any text, artwork or images supplied to us whatsoever.
  39. Fees

  40. The fees (Fees) for the Services are set out in the quotation and are on a time and materials basis.
  41. In addition to the Fees, we can recover from you a) reasonable incidental expenses including, but not limited to, travelling expenses, hotel costs, subsistence and any associated expenses, b) the cost of services provided by third parties and required by us for the performance of the Services, and c) the cost of any materials required for the provision of the Services.
  42. You must pay us for any additional services provided by us that are not specified in the quotation in accordance with our then current, applicable hourly rate in effect at the time of performance or such other rate as may be agreed between us. The provisions of clause 14 also apply to these additional services.
  43. The Fees are inclusive of any applicable VAT and other taxes or levies which are imposed or charged by any competent authority.
  44. Cancellation and amendment

  45. We can withdraw, cancel or amend a quotation if it has not been accepted by you, or if the Services have not started, within a period of 14 days from the date of the quotation, (unless the quotation has been withdrawn).
  46. Either we or you can cancel an order for any reason prior to your acceptance (or rejection) of the quotation.
  47. If you want to amend any details of the Services you must tell us in writing as soon as possible. We will use reasonable endeavours to make any required changes and additional costs will be included in the Fees and invoiced to you.
  48. If, due to circumstances beyond our control, including those set out in the clause below (Circumstances beyond a party's control), we have to make any change in the Services or how they are provided, we will notify you immediately. We will use reasonable endeavours to keep any such changes to a minimum.
  49. Payment

  50. We will invoice you for payment of the Fees either: a. when we have completed the Services; or b. on the invoice dates set out in the quotation.
  51. You must pay the Fees due within 15 days of the date of our invoice or otherwise in accordance with any credit terms agreed between us.
  52. Time for payment shall be of the essence of the Contract.
  53. Without limiting any other right or remedy we have for statutory interest, if you do not pay within the period set out above, we will charge you interest at the rate of 5% per annum above the base lending rate of the Bank of England from time to time on the amount outstanding until payment is received in full.
  54. All payments due under these Terms and Conditions must be made in full without any deduction or withholding except as required by law and neither of us can assert any credit, set-off or counterclaim against the other in order to justify withholding payment of any such amount in whole or in part.
  55. If you do not pay within the period set out above, we can suspend any further provision of the Services and cancel any future services which have been ordered by, or otherwise arranged with, you.
  56. Receipts for payment will be issued by us only at your request.
  57. All payments must be made in British Pounds unless otherwise agreed in writing between us.
  58. The customer agrees that changes required over and above the estimated work, or in addition to the agreed scope, or where the customer makes changes to the supplied copy or changes required to be carried out after acceptance of the draft design, will be liable to a separate charge.
  59. Images which are supplied in an electronic format are to be provided in a format as prescribed by us and must be of a quality suitable for use. Any subsequent image processing will be chargeable at our hourly rate and we will not be held responsible for any image quality which the customer later deems to be unacceptable.
  60. Sub-Contracting and assignment

  61. We can at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of our rights under these Terms and Conditions and can subcontract or delegate in any manner any or all of our obligations to any third party.
  62. You must not, without our prior written consent, assign, transfer, charge, subcontract or deal in any other manner with all or any of your rights or obligations under these Terms and Conditions.
  63. Termination

  64. We can terminate the provision of the Services immediately if you: a. commit a material breach of your obligations under these Terms and Conditions; or b. fail to make pay any amount due under the Contract on the due date for payment; or c. are or become or, in our reasonable opinion, are about to become, the subject of a bankruptcy order or take advantage of any other statutory provision for the relief of insolvent debtor; or d. enter into a voluntary arrangement under Part 1 of the Insolvency Act 1986, or any other scheme or arrangement is made with its creditors; or e. convene any meeting of your creditors, enter into voluntary or compulsory liquidation, have a receiver, manager, administrator or administrative receiver appointed in respect of your assets or undertakings or any part of them, any documents are filed with the court for the appointment of an administrator in respect of you, notice of intention to appoint an administrator is given by you or any of your directors or by a qualifying floating charge holder (as defined in para. 14 of Schedule B1 of the Insolvency Act 1986), a resolution is passed or petition presented to any court for your winding up or for the granting of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency.
  65. Intellectual property

  66. We reserve all copyright and any other intellectual property rights which may subsist in any goods supplied in connection with the provision of the Services. We reserve the right to take any appropriate action to restrain or prevent the infringement of such intellectual property rights.
  67. By supplying text, images, video or sound footage and other data to us for inclusion in the customer's website or other medium, the customer declares that they hold the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the customer, or rightful copyright or trademark owner.
  68. Should the customer supply an image, text, video, audio clip or any other file for use in a website, multimedia presentation, or any other medium believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, the customer will agree to the removal and/or replacement of the file.
  69. We shall be indemnified by the customer in respect of any claims, costs and expenses arising out of any libellous matter or any infringement of copyright, patent design or any other proprietary or personal rights contained in any material supplied by the customer. The indemnity shall extend to any amounts paid on a lawyer's advice in settlement of any claim.
  70. By supplying images, video, text, or any other data, the customer grants permission for this material to be freely used in the pursuit of the design.
  71. The customer agrees to fully indemnify and hold us free from harm in any and all claims resulting from the customer in not having obtained all the required copyright, and/or any other necessary permissions.
  72. In the event you believe that material or content published may infringe on your copyright or that of another, please contact us.
  73. Liability and indemnity

  74. Our liability under these Terms and Conditions, and in breach of statutory duty, and in tort or misrepresentation or otherwise, shall be limited as set out in this section.
  75. The total amount of our liability is limited to the total amount of Fees payable by you under the Contract.
  76. We are not liable (whether caused by our employees, agents or otherwise) in connection with our provision of the Services or the performance of any of our other obligations under these Terms and Conditions or the quotation for: a. any indirect, special or consequential loss, damage, costs, or expenses or; b. any loss of profits; loss of anticipated profits; loss of business; loss of data; loss of reputation or goodwill; business interruption; or, other third party claims; or c. any failure to perform any of our obligations if such delay or failure is due to any cause beyond our reasonable control; or d. any losses caused directly or indirectly by any failure or your breach in relation to your obligations; or e. any losses arising directly or indirectly from the choice of Services and how they will meet your requirements or your use of the Services or any goods supplied in connection with the Services.
  77. You must indemnify us against all damages, costs, claims and expenses suffered by us arising from any loss or damage to any equipment (including that belonging to third parties) caused by you or your agents or employees.
  78. Nothing in these Terms and Conditions shall limit or exclude our liability for death or personal injury caused by our negligence, or for any fraudulent misrepresentation, or for any other matters for which it would be unlawful to exclude or limit liability.
  79. Data Protection
  80. When supplying the Services to the Customer, the Service Provider may gain access to and/or acquire the ability to transfer, store or process personal data of employees of the Customer.
  81. The parties agree that where such processing of personal data takes place, the Customer shall be the 'data controller' and the Service Provider shall be the 'data processor' as defined in the General Data Protection Regulation (GDPR) as may be amended, extended and/or re-enacted from time to time.
  82. For the avoidance of doubt, 'Personal Data', 'Processing', 'Data Controller', 'Data Processor' and 'Data Subject' shall have the same meaning as in the GDPR.
  83. The Service Provider shall only Process Personal Data to the extent reasonably required to enable it to supply the Services as mentioned in these terms and conditions or as requested by and agreed with the Customer, shall not retain any Personal Data longer than necessary for the Processing and refrain from Processing any Personal Data for its own or for any third party's purposes.
  84. The Service Provider shall not disclose Personal Data to any third parties other than employees, directors, agents, sub-contractors or advisors on a strict 'need-to-know' basis and only under the same (or more extensive) conditions as set out in these terms and conditions or to the extent required by applicable legislation and/or regulations.
  85. The Service Provider shall implement and maintain technical and organisational security measures as are required to protect Personal Data Processed by the Service Provider on behalf of the Customer.
  86. Further information about the Service Provider's approach to data protection are specified in its Data Protection Policy, which can be found on our website. For any enquiries or complaints regarding data privacy, you can email: david@buzzingbeemedia.co.uk.
  87. Circumstances beyond a party's control

  88. Neither of us is liable for any failure or delay in performing our obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question. If the delay continues for a period of 90 days, either of us may terminate or cancel the Services to be carried out under these Terms and Conditions.
  89. We can only program sites to be as secure as reasonably possible at the time of delivery and cannot offer indemnity against any present or future threats/developments.
  90. Communications

  91. All notices under these Terms and Conditions must be in writing and signed by, or on behalf of, the party giving notice (or a duly authorised officer of that party).
  92. Notices shall be deemed to have been duly given: a. when delivered, if delivered by courier or other messenger (including registered mail) during the normal business hours of the recipient; b. when sent, if transmitted by fax or email and a successful transmission report or return receipt is generated; c. on the fifth business day following mailing, if mailed by national ordinary mail; or d. on the tenth business day following mailing, if mailed by airmail.
  93. All notices under these Terms and Conditions must be addressed to the most recent address, email address or fax number notified to the other party.
  94. No waiver

  95. No delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy nor stop further exercise of any other right, or remedy.
  96. Severance

  97. If one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions will be deemed severed from the remainder of these Terms and Conditions (which will remain valid and enforceable).
  98. Law and jurisdiction

  99. This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.