Terms & Conditions
Brighteyes Design Terms and Conditions of Business
Definition of our terminology as used within this document:
1. A 'Project' is any work undertaken or service provided by Brighteyes Design for the Client on their request and as described in our confirmation order email to that Client.
2. A 'Client' is a person, persons, business or organisation using any of the services provided by Brighteyes Design.
3. 'Live Mode' means the date the website is available on the Client's chosen domain.
4. 'Domain' is the website address as specified by the Client.
5. 'Hosting' is a yearly cost to keep a clients website activated online.
6. 'Content' is both text and images that the Client requires on the website.
Brighteyes Design Terms & Conditions
1. The contract between Brighteyes 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 Brighteyes Design confirmation order email.
3. Brighteyes Design will only commence work on a Project after receipt of a non refundable, 50% deposit of the quoted Project fee from the Client. The deposit will be due upon overall approval of the home page design. The remaining 50% 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 Brighteyes Design covers the cost of design work carried out as well as any admin work and communication with Brighteyes Design. The deposit is non refundable..
5. It is important for the Client to keep in contact with Brighteyes Design throughout the entire Project. If a Client does not make contact for 2 weeks we will make up to 5 attempts to contact the client by email using the email address specified when the client placed their order. If we do not receive a response to these attempts of contact the Project may be terminated, and the deposit will not be refunded. We will levy a £50 admin charge if the client later returns and wishes to continue work on their project.
6. Where images used on the website have been purchased by Brighteyes Design on behalf of the Client, these images are strictly for use on the website only. Brighteyes 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.
7. Brighteyes 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, Brighteyes 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.
8. Brighteyes 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 Brighteyes Design.
9. Where asked to provide search engine optimisation for a Client, Brighteyes Design do not guarantee any specific placement or high ranking on search engines.
10. Brighteyes Design will provide the Client with an expected completion date for the Project (live on the internet) if requested. Brighteyes 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 any employee of Brighteyes Design is purely an estimate.
11. Brighteyes 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 Brighteyes Design for the Client, unless the images have been supplied by the Client. Images purchased by Brighteyes are licensed only for use on the client website.
12. 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, they will be the sole responsibility of the Client.
13. Domain names will be registered by Brighteyes Design and also registered to the Brighteyes Design current address. Although the domain names are registered to Brighteyes Design , the Client is the legal owner of the domain and if they request to have details changed or the domain transferred elsewhere, Brighteyes Design will do this within a reasonable timeframe.
14. A domain name will be registered by Brighteyes Design on behalf of the client once we have received the 50% deposit. The Client has the right to regsiter the desired domain name themselves. If this is the case, Brighteyes Design will require domain details in order to point it towards our hosting.
17. If the Client has chosen to register their own domain, it is the responsibility of the Client to renew their domain names when due. If a domain name expires, Brighteyes Design can not be held liable for this. However, Brighteyes Design will make reasonable effort to contact the Client regarding domain renewal.
18. When a Client renews Hosting with Brighteyes 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 Brighteys Design can not be held liable for this.
19. Renewal of Hosting is due on a yearly basis. The date of renewal will be annually from the date the website was made live. The Hosting will not be renewed if Brighteyes Design cannot contact the Client or the Client requests for Brighteyes Design to not host this site. This will also affect the domain as per item.
20. The Hosting renewal charge must be received within 10 days of the Hosting expiry date. Brighteyes Design reserve 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 £50 set by Brighteyes Design for reactivating the website/Hosting.
21. If the Client does not use Brighteyes Design Hosting services, then the management and Hosting of the Domain name are the full responsibility of the Client.
22. Should a Client wish to move Hosting away from Brighteyes Design or transfer a Domain name away from Brighteyes Design, a £50 admin charge will be issued, which must be paid before the transfer takes place.
23. Brighteyes 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 Brighteyes Design endorsement, or approval of the website or the material contained within the website. Brighteyes 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.
24. Brighteyes Design shall place a small text link on the footer of a Clients website that simply states the website was designed by Brighteyes Design and links to our company website.