Terms - Bond Creative

Terms & Conditions.

Please read the terms and conditions of the contract before placing any orders. This is a legally binding contact, and by either depositing the initial payment, by completing the online order form and ticking the boxes stating you understand the terms and conditions as outlined here, by email or verbal confirmation, you are legally bound to this contract. A signature or hard copy is not required. By using our services in any way, you agree to and accept these Terms, our Privacy Notice, and any other legal notices or guidelines. If you are using our services for an organisation, you are agreeing to these Terms on behalf of that organisation. If you do not agree to these Terms, do not use the Service.

Within this document [you] refers to the company you represent, and [us, we] refers to Bond Creative, formerly The Executive Group c/o Premier Web Digital, formerly Premier Web Consultancy.

These terms and conditions apply to all aspects of the services we provide, including but not limited to: website and application design and development; graphic design; digital marketing, hosting, maintenance and support, film and video production, and motion graphics.

Summary

It is our priority to fulfil your needs and meet your project goals, but it is important to outline a contract so that both parties know exactly what is agreed between us and you.

We have no desire to mislead our customers, and in this contract you won’t find complicated legal clauses or pages of illegible text, just the facts. We want to ensure legal safety for both parties now, and at any time in the future. Agreeing to our terms and conditions means that you are hiring us to complete your project and agree to any costs that are stipulated, including any deposits, retainer payments, scheduled payments and final payments, as well as any agreed recurring payments including subscriptions.

What’s the agreement?

As a customer you have the ability to enter into this contract on behalf of your company or organisation. You agree to provide us with any information that is needed to complete the required work. This includes any content, imagery, and anything else that is required by our team for any project type. You agree to review the project throughout each stage, and provide approval in a timely manner. Delays in approvals will create delays in completing the work.

You agree to the payment terms outlined by us or our representatives, and a deposit payment may be required in order to commence work. Projects will not go live without your authorisation and then we require final payment once we have completed our work. Any monthly fee agreed is to be paid one month upfront once the project is complete and you are ready to go live.

Monthly or recurring payments are to be made by direct debit on the agreed date. If a payment is missed you will experience a loss of service, we will endeavour to resolve any issues quickly and efficiently, giving adequate notice and timely correspondence. In order to re-instate your service, any missing balance will be required and any cancelled direct debits must be re-instated. If contact cannot be made, the direct debit is not reinstated, and subsequent moneys owed is not paid, your service will expire. You will be liable for any monies outstanding depending on your payment terms, and resuming of service will be made once all outstanding payments are made.

We do not accept any liability for any potential loss of earnings if once live, your service has to be taken off-line for any maintenance related issues, server problems, or missed payments from you. This includes website downtime, hosting and server related issues, domain name issues, email hosting issues, connectivity issues or any third party integration issues.

We will not accept any responsibility for missed deadlines or pre-determined launch dates, including if there has been any delay in supplying us with any information that we request at any stage, any additional work or any last minute changes.

We will not accept any responsibility or liability for any potential loss of earnings or damages due to your service not being live or functional. This includes any launch deadlines that have been missed for any reason whatsoever, be it the fault of us or you, or if your site is down for any reason.

All information provided to us will be held in the strictest of confidence, and we adhere to the data protection act 1998. We can sign NDAs if required, and take the handling of any sensitive material very seriously. Any passwords or login detail provided by you will not be saved or filed. Any passwords or login detail provided by us will not be saved or filed by us, therefore it is your responsibility to keep a record and ensure they are safe.

Website Design

We will design and build your website, including customised graphics, site layout, functionality and navigation. Upon entering this contract, we will provide one main design with 2 revisions so that you are 100% satisfied with the outcome. Once the final design is approved and a payment plan for any monthly payment terms has been set up, the site will be live within the agreed time period.

Throughout the design and build process of your website, you will receive a preview link, allowing you private access to browse around the work that we have complete so far. Design changes can be made at any stage of the build. Any additional functionality required outside of the original brief or remit may be subject to extra costs. This must be discussed with your project manager/sales adviser.

Our sites are all tested in the latest versions of all mainstream web browsers, including Safari, Firefox and Google Chrome. Additionally, we ensure they are compatible with future operating system releases.

Mobile application design (apps)

We will design and build your app, including customised graphics, app layout, functionality and navigation. Upon entering this contract, we will provide one main design with unlimited revisions until you are 100% satisfied with the outcome. Once the final design is approved and a payment plan for any monthly payment terms has been set up, the app will be submitted to the relevant platform within 24 hours.

Throughout the design and build process of your app, you will receive a preview link, allowing you private access to browse around the work that we have complete so far. Design changes can be made at any stage of the build. Any additional functionality required outside of the original brief or remit may be subject to extra costs. This must be discussed with your project manager/sales adviser.

Our apps are all tested in the latest versions of all mainstream devices and on the relevant operating systems.

Full hosting, maintenance and support can be provided, which includes all submissions to the iTunes Store and Google Play Store, beta testing, software and app updates, as well as a secure private repository to keep the source code safe. Our usual hosting terms and conditions apply.

Whilst every effort is made to ensure app approval is gained on the iTunes Store, acceptance cannot be guaranteed. Our developers work to the strict codes of conduct laid out by Apple’s rules and regulations, and work closely with the Apple Review Team to meet the functionality guidelines and design principals. If an instance occurs where an app is rejected, it will be escalated to the Resolution Centre, and appropriate changes/updates will be made, and re-uploaded, with the process repeated as necessary. We must allow 48 hours for each submission.

Website hosting, support and maintenance

All websites built by us must be hosted on our servers, meaning sites cannot be transferred. This is mandatory and non-negotiable, and there are no exceptions under any circumstance whatsoever. Sites cannot be transferred to another platform or a third party hosting service.

To transfer your site to another host waivers all responsibility by us, and we cannot guarantee the functionality of your site. Transfers of websites built on third party platforms are subject to additional costs. There may be additional costs for any associated support for file transfers.

Our monthly hosting, support and maintenance packages provides you with a dedicated and secure hosting service, with support from us for any technical issues you may have with your site, as well as constant maintenance to ensure maximum up-time of your site. We do this to ensure you get the most out of your website and can resolve any issues or make updates immediately.

The minimum hosting, support and maintenance package term is 24 months. After that period the contract is ongoing. If you cancel your hosting package for any reason, after or before this period, the website will taken down, and remain on our platform for 6 months. After that period the website will be permanently deleted. It will not be possible to re-instate the site after that eventuality. If you wish to re-instate your website within this time period, you will be liable for the hosting fees for the time which the website remained on our servers. For example, if you cancel your plan, and your website is taken down, and you wish to re-instate it 4 months later, you will need to pay for 4 months of hosting.

If you wish to cancel your hosting, support and maintenance package before the 24 month contract is completed, the remaining balance of the term of the contract must be payed in full. If you wish to cancel your package after the 24 month contract, you will need to provide 1 month’s notice. If you wish to transfer your website to another provider, we will charge a service fee to package up your website.

When you purchase any hosting, support and maintenance package, you consent to our third party service provider storing your payment card information and you authorise us to charge you the agreed monthly fee at the specified date for use of the Services to the payment card/bank account you provide, and you will reimburse us for all collection costs and interest for any overdue amounts. If the payment card you provide expires and you do not provide new payment card information or cancel your account, you authorise us to continue billing you and you will remain responsible for any uncollected Fees.

Mobile application hosting, support and maintenance

For any apps that are fully customised, built natively for iOS and Android platforms using Swift programming language for iOS and SCADE and Java for Android, powered by MongoDB, hosting is provided by our Parse compatible global servers with certified security protocols and backup systems.

Transfers of any apps to a third party host are subject to additional cost at a flat rate of £2899. There may be additional costs for any associated support for file transfers including any databases and members or subscriber information.

Our monthly hosting, support and maintenance packages provides you with a dedicated and secure hosting service, with support from us for any technical issues you may have with your app, as well as constant maintenance to ensure maximum future compatibility. We do this to ensure you get the most out of your app and can resolve any issues or make updates when required.

The minimum hosting, support and maintenance package term is 24 months. After that period the contract is ongoing. If you cancel your hosting package for any reason, after or before this period, the app will taken down, and the source files will remain on our servers for 6 months. After that period the app and any associated files or databases will be permanently deleted. It will not be possible to re-instate the app after that eventuality.

Text/written content

Any text that appears in your project, either written by us or you/your company, is published entirely as your responsibility, both from a copyright and a SEO point of view. All text must be proof read by you, any spelling or grammatical mistakes can be rectified, but is not the responsibility of us. Minor text changes can usually be done straight away without charge.

Any illegal content, such as libel text, slander, defamation of character or anything of such nature, is not the responsibility of us and we will not be held liable for such content. Any text supplied to us by either you, your company, or a representative of your company, is still your responsibility, even if we place the content on your behalf.

Imagery/photography

All imagery and photography should be supplied to us in digital format, at no less than 72dpi.

Any imagery that appears on your site, either supplied by us or you/your company, is published entirely as your responsibility, both from a copyright and a SEO point of view.

Any illegal content, such as copyrighted or illicit imagery, is not the responsibility of us and we will not be held liable for such content. Any content placed on your website using the content management system by you or a nominated administrator is not the responsibility of us. Any imagery supplied to us by either you, your company, or a representative of your company, is still your responsibility, even if we place the content on your behalf.

We may place imagery on your website at the design and build stage, but this is intended purely as temporary place holders to demonstrate where images can be placed for layout purposes. It is your responsibility to replace these images or provide replacement images for us to replace for you. If these temporary images are not replaced, any copyright infringement is not the responsibility of us.

Domain names

Whilst we can purchase domains on your behalf, make transfers to different hosting platforms/suppliers, assist with pointing a domain to your new website, and any other manner of work to help you out, the domain name is entirely your responsibility. If there is a problem with a third party domain that we cannot rectify, this must be resolved by you. Delays caused by any domain name issues are not our responsibility, and as such we will not be held liable for any domain issues that inhibit or delay a website launch, or cause future problems.

We can purchase a domain name on your behalf, or if you already own a domain name, we will provide the DNS settings to allow your domain to point to your new site, located and hosted on our server. We will provide full support with this.

If you have a domain on your own domain registrant account, we can log in on your behalf and perform any technical task you wish, this may incur charges for our time, and we are not responsible for your account. Any passwords and log in details you provide to will not be saved or stored, this is for security reasons.

Technical support

Hosting is provided by us using 3rd party professional global servers and is managed and maintained in-house. This way we can ensure consistent uptime, and address and resolve any server issues ourselves, immediately. Support is offered via telephone and email, and we handle requests usually within 24hrs on working days.

Backups

Monthly backups are automatically made for your site. Any requests for a manual backup must be made via email with 48hours notice. There will be a charge for this service. Manual backups will sit on the server for 6 months unless otherwise agreed, and are solely for the purposes of a site restoration – it cannot be transferred, moved to another platform, or externally transferred in any way what so ever. A site restoration can only be made if an automatic backup has been successful, or if a manual backup has been requested and paid for (if applicable). Once a site is restored, it will entirely revert to the exact state of when it was backed up, any changes made after the backup was made will be lost.

Content management system (CMS)

Our in-house websites come with content management functionality, giving you the user access to amend, update and change your site. Training can be provided via a video call, a training fee may be applicable. Once you make changes to your website yourself, it is then completely your responsibility. If any problems occur, critical errors are made, or any instance where something is deleted or altered beyond repair, we will try to help resolve the problem to the best of our ability, but there may be charges incurred for this service. We will not be held liable for mistakes made by you, but we will endeavour to help in any way we can. We do not allow third party access to the CMS of our client’s websites. We do not allow client access or third party access to the HTML and CSS markup of the website via the CMS, FTP, or via any other means.

Search Engine Optimisation (SEO)

SEO packages must be paid for one month in advance at the agreed rate, and a commitment of 6 months is recommended. Whilst we endeavour to achieve the very best results and aim to have your site ranking in the top 10 search results of Google within 3 months, we can not guarantee positions, rankings or results. We do guarantee the schedule of work will be completed.

Email & domain hosting

We use third party providers supply our email and domain hosting services. We accept no responsibility or liability for the security or functionality of those services, or for any consequential losses arising from interruptions or loss of services from the third party providers. We will help where we can for any issues, and provide the contact details for the relevant help and support teams.

Legal

We cannot guarantee that the functionality of your service will always be error free. Hosting may also incur downtime after any update or maintenance, but this is very rare. Also deadlines may be missed for various reasons, and whether the fault of us or you, we will not be liable for any first party or third party damages, including loss of profit or any other incidental, consequential, or special damages arising out of the operation of or inability to access your services, even if you have advised us of the possibilities of such damages.

For any projects that require any gambling and betting, regulations compliance is solely the responsibility of you and not us or our developers.

For any services that involve the storage of member’s or user’s details, you must be fully GDPR compliant and provide us with your terms and conditions.

Copyright

You guarantee to us that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide to us for any service are either owned by you, or that you have permission to use them. When initial payment is made, copyright is automatically assigned as follows: we own the graphics and other visual elements that we create. Files may be provided to you for work outside of the website for an additional fee. We own the XHTML markup, CSS and other code and we license it to you for use on only the assigned service. If you wish to discontinue your service, we retain ownership of everything detailed above.

We also reserve the right to display and link to your project as part of our portfolio and to write about the project on web sites, in magazine articles and in books if we do so wish, any such marketing would be great exposure for you, but if you do not wish for it to appear public for any reason, please let us know.

All websites we create have our logo displayed at the footer of your site, or some relevant text about our services, linking back to our site. This can be removed for a fee.

Payments

As a small company it is vital we receive all payments promptly and completely. Any agreed fees are to be paid on the agreed day, in full, via direct debit through our payment platform or via bank transfer. Payment instructions are sent to you via email. Once payment has been made, that initiates the start of the projects. Payments are non-refundable. If a project is cancelled for any reason, any payments are forfeited, and no refunds will be issued. If a deposit is paid, and a project is not seen through to completion for any reason, this deposit is forfeited and is not refundable.

Subscriptions

All subscriptions are legally bound for 24 months. After the initial 24 months, the option for a re-design is available to all customers for a fee. Upon agreeing to this re-design, the contract will automatically re-commence, binding the contract for a further 24 months. This can continue indefinitely, for as long as you wish. If you wish to terminate your contract for any reason what so ever, then payment will be required for the remainder of the contact term.

Deposits, retainers and any further payments are non-refundable under any circumstances.

Our minimum monthly contract term agreement is 24 months. Some of the features within our services require payment of fees, as described for each service, and may require payment for third party applications or services. If you sign up for these features, you must pay all applicable fees. We reserve the right to change our prices and/or bundle certain parts of the service together for pricing purposes, and may do so at any time without notice.

At the end of the contract term, your contract will automatically continue on a rolling monthly basis, and your preferred payment method will be charged accordingly. You will continue to be charged even if you no longer require our services.

Transference of third party services

If you wish to move your service away from us, administration fees will be applicable for the transference of third party services including domain names and any other associated third party services relating to SEO, PPC, or any other Google services including but not limited to Web Master tools, Analytics, Business Pages, Tags, and so on, that are under our control or ownership. Fees will be agreed and paid upfront before any work will commence.

If we manage your domains and emails, transference of these services to a third party away from us will incur charges. Fees will be agreed and paid upfront before any work will commence.

Final notes

This contract is non-transferable to any other third party unless within our company or group of companies. This contract is a legal document under the court of law, and upon commitment to us whether verbal, written or electronically transmitted, you agree to this contract. Upon commencement with us for any project or service, you automatically agree to these terms and conditions. Written consent or a signature is not required.

Any special circumstances or arrangements must be stated at the contract agreement stage in writing and authorised by us.

To avoid fraudulent activities or security threats, instructions from third parties acting on your (the client’s) behalf will not be acknowledged. Any domain transference request, login detail requests, password reset requests, content changes, access to the CMS or HTML must come directly from the client’s registered email address, and security protocols will be followed. This is for the safety of all of our clients websites.

By commissioning us for any work means you have read and agreed to our terms and conditions. A signature is not required. Acceptance of these terms and conditions is assumed under the following circumstances: via verbal communication, email confirmation, by ticking any agreement boxes, by paying your deposit, or by in any other way instructing us to begin the project. If you do not agree to these terms, do not instruct us to carry out any work or projects.