Terms & Conditions
Occasionally these terms vary depending on the specific requirements of certain projects.
‘The company’ is brightfive Ltd. ‘The client’ is the company, individual or organisation that places the order.
Acceptance of work
Quotations are valid for 28 days from date of issue.
Additional work requested by the client which is not specified in the agreed quotation is subject to an additional quotation by the company on receipt of specification. If the work is needed as part of an existing project then this may the effect timescale and overall delivery time of the project.
The client must make available all necessary materials and resources needed by the company to conduct work for the client.
An order is defined as in effect upon receipt by the company of a signed client purchase order, a signed company order form, or the payment of project deposit.
Permission and Copyright
In the event that the company has been instructed by the client to use copyrighted material or registered trademarks the company is not liable for any civil or criminal liability arising out of their use whether or not the client has a licence to use these materials. In this event the client is solely liable.
The client hereby licenses the company to use any trademarks or any other intellectual property rights proprietary to the client in relation to the products of the client and any information or material relating to such intellectual property rights for the purposes of performing the service.
The company retains all Intellectual Property Rights over any materials they have designed or produced in all formats printed, electronic or otherwise (unless otherwise agreed). No circumstances or passing of time can reverse this position.
The company owns all working files and materials used to create any product.
The client shall not modify, translate, reverse engineer, decompile, disassemble except to the extent that applicable laws specifically prohibit such restriction or create derivative works based on any software supplied by the company or any documentation accompanying such software.
The client will usually own the copyright over materials produced by the company on their behalf, unless other arrangements have been made. This is only the case for ‘final products’ and not working files.
The company reserves the right to include its own accreditation on any work produced on any format unless by prior arrangement with the client.
The company reserves the right to refuse to handle:
a) Any media which is unlawful or inappropriate
b) Any media which contains a virus or hostile program
c) Any media which constitutes harassment, racism, violence, obscenity, harmful intent or spamming
d) Any media which constitutes a criminal offence, infringes privacy or copyright
Payment is to be made in British Sterling unless by prior written consent by the company.
Stage payments are charged by the company if by prior arrangement with the client.
Payment is strictly 28 days from date of invoice, unless by prior agreement.
The company reserves the right to decline further work on a project if there are invoices outstanding with the client.
The client may request that the company cancel a project in writing by email or postal mail, the project is cancelled only if the company confirms work has not been started on the project. If the company has begun or completed the work, they are still obliged to pay the company for the work that has been carried out.
The company reserve the right to withdraw all products and services, including secure certificates and Internet hosting, if payment is not received within the prescribed 28 days from date of invoice.
If it is deemed by the company’s board of Directors that a project has been delayed for a period of more than 4 weeks through non-cooperation or a lack of supply of materials by the client or their agents the client will be liable for full payment of the total project value at that time.
Domain names and hosting
The client agrees that registration of a domain name does not provide endorsement of the right to use the name. The client is responsible for ensuring they have due title to the domain name. The company holds no liability and the client hereby agrees to indemnify and hold harmless the company from any claim resulting from the client’s registration of a domain name.
The domain name is registered in the client’s own name, address and contact details. The client should be aware that a domain name is registered with a third party and as such the client shall agree to fully abide by the terms and conditions set out by the third party for such services.
The client agrees to take all legal responsibility for use of third party domain name and hosting services and supplies truthful details to the third party services.
The client agrees that information submitted for registration of domain names is then available the general public via the Nominet Whois system. However, clients that are using their website for non-trading purposes may ask the third party registrar for their contact information not to be included in the Nominet Whois system.
The client is liable to pay the company for any domain name registrations and the initial set up of the hosting if included as part of the website build.
The client agrees to pay the domain and hosting fees as soon as required by the third party.
Failure to comply with the payment terms may result in the client’s domain name becoming available to another party and/or the website and email services becoming unavailable.
Liability and warranty disclaimer
The company provides their website and the contents thereof on an “as is” basis and makes no warranties with regard to the site and its contents, or fitness of services offered for a particular purpose. The company cannot guarantee the functionality or operations of their website or that it will be uninterrupted or error free, nor does it warrant that the contents are current, accurate or complete.
The company cannot guarantee the ongoing functionality of features reliant on 3rd party modules, scripts and plugins. The company will outline which browsers/versions/devices that they expect sites to function on as part of any specification or proposal. The company cannot guarantee ongoing functionality of sites or applications on non-specified browsers/versions/devices and are not obliged to retrospectively modify code to make functionality work on future browsers/versions/devices.
The company shall not be liable for any other direct loss or damage under this agreement nor shall the company be liable for any loss of profits, revenue or contracts and liability in respect of third party claims or any indirect, consequential or incidental loss or damage of any kind whatsoever. However nothing in this clause shall have the effect of limiting the company’s liability for death or personal injury caused by its negligence.
The company is not liable for damages relating to any loss or damage, consequential or otherwise, caused to the client, the public, other companies, individuals or any other body or organisation resulting from work carried out by the company.
The company retain the right to withdraw any product or service at any time. In this event the company must make all reasonable attempts to offer the client a suitable alternative whether from the company, an agent of the company or another third party.
Should the client go into compulsory or involuntary liquidation or cannot pay its debts in the normal course of business, the company reserves the right to cancel forthwith any projects and invoice the client for any work completed.
Neither the client nor the company shall incur any liability to the other in the event that it is delayed in the performance of its obligations hereunder solely by force majeure.
For the purposes of this Agreement but not by way of limitation force majeure shall mean any cause of delay beyond the reasonable control of the party liable to perform unless conclusive evidence to the contrary is provided and shall include, without limitation, and form of government intervention or shutdown of the internet (or any part thereof), strikes, lockouts, riots, sabotage, act of war, destruction of essential equipment by fire, explosion, storm, flood or earthquake or delay caused by failure of power supplies or transport facilities.
This agreement shall be governed by the laws of England and Wales which shall claim venue and jurisdiction for any legal motion or claim arising from this agreement. This agreement is void where prohibited by law.
The company retains the right to change these terms and conditions by giving the client as much notice as is reasonably practicable in the circumstances. Any clients affected by these changes will be informed of the changes within 30 days.
Other terms and conditions may apply to specific contracts.
By accepting a quotation or making a payment of invoice to use the services supplied, the client acknowledges to have read, understand, and accept the terms and conditions of this agreement, and agrees to be legally binding by these terms and conditions.
Our e-mail may contain private confidential information intended solely for the use of the individual or organisation to whom it is addressed. If you are not the intended recipient you are advised that any use, dissemination, forwarding, printing or copying of such e-mail or any attachments is strictly prohibited. If you have received an e-mail in error, please notify us on firstname.lastname@example.org. Every effort has been made to keep our network free from viruses. You should however, check all e-mail and any attachments for viruses, as no responsibility can be taken for any virus that may be transferred by way of e-mail.