Terms and Conditions
Please read these Terms and Conditions carefully as they will form a contract between us and you; your acceptance of which is agreed from the moment you sign our Website Agreement, Hosting Agreement or Support Agreement.
We have tried to keep these Terms and Conditions brief, easy to understand, and as straightforward as possible. If you have any questions however, please do not hesitate to contact us.
Terminology:
You (‘the Client’)
Us (Banana Sites, and hereinafter referred to as ‘the Company’)
The Website the body of work that is being undertaken, normally consisting of several connected parts, such as consultation, graphic design, website development and/or hosting.
What do both parties agree to?
a.The Client agrees to:
i.Provide the Company, within a reasonable timescale, everything that is requested from you to complete the Project including text, images and other information.
ii.Provide the Company with text and images in the format as stated below (see photographs and images)
iii.Review the Company’s work, provide feedback, and signoff approval in a timely manner.
iv. Make every effort to adhere to all agreed deadlines.
v. Adhere to the payment schedule laid out on our prices page (www.banana-sites.co.uk/pro-site), or agreed separately for bespoke work.
vi. Advise, in advance, of any confidential information to be presented by email, written, or verbally, between both parties. Also, for this to be marked as ‘confidential’ in the subject of the email, or clearly on any written documents.
vii. Provide a minimum of one months notice in writing, or by email should you wish to cancel any contract.
b The Company agrees to:
i. Carry out services in a professional and timely manner.
ii.Make every effort to adhere to any deadlines agreed between us and you.
iii.Make a reasonable number of revisions to the design, layout, colours etc, until you are satisfied with the design concept or such time as both parties feel an agreement is likely to be reached but no more than 2 major revisions. Additional revisions or design work outside the scope of the project will be charged separately.
iv. Endeavour to complete requested website revisions or updates within 48 hours, wherever possible. Revision entitlement per month is dependant on your subscription package
v. Maintain up to date skills and knowledge through regular training and research.
c.Website Development:
i.All websites are developed to work primarily across all major browsers and platforms including other devices such as mobile phones and touchpads. However, the Company cannot guarantee complete and/or long term compatibility across every major browser, platform or handheld device due to updates/upgrades by their respective vendors.
ii. The Company cannot guarantee compatibility in old or redundant browser software.
d. Payments and Contract Lengths:
i. All payment schedules can be found on our prices page (www.banana-sites.co.uk/pricing), or will be agreed separately for bespoke work.
ii. No design work will start until the design fee is paid in full. Once design work has started, this fee is 100% non refundable.
iii. If the client is to cancel their site after the completion, the site will be taken down at the end of the payment period with all data being removed 60 days after cancellation. The Company does not offer any transfer service for the site.
iv. Monthly payments will automatically be taken 7 days after the design fee has been paid.
v. Contract lengths are rolling month by month and can be cancelled at any time. The service will still be live until the paid month is completed.
vi. If the company provide the client with a free .co.uk domain, this will be a license for 12 months. After the first 12 months, the domain will be billed separately on a yearly basis. The company will give the client a 30 day warning of this expense.
e. Content Management Systems:
i. All packages will be developed using a Content Management System (CMS).
ii. In order to maintain compatability between clients the company now use the WordPress Platform exclusively as our CMS of choice.
f. Photographs and Images:
i.Any images or photographs that you supply should be in digital format, usually no smaller than 1024x768 pixels, with a suitable resolution that will allow them to be resized and used on screen. Traditional paper photographs requiring scanning are acceptable, however, there may be additional costs incurred due to time spent scanning and retouching the images. This depends entirely on the project and the number of images involved.
ii. Any images that the company are asked to obtain from third party photographers or stock photography will be charged as an additional cost.
iii. The Client guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to the Company for inclusion in their website, or other design, are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, indemnify and defend the Company and its subcontractors from any liability (including solicitors fees and court costs), including any claim or suit, threatened or actual, arising from the use of such elements furnished by the Client.
iv. Evidence of ownership or permissions may be requested by the Company.
g. The Copyright:
i. The Client will own, or have express permission to use, the text files, images, graphics and any visual elements, video or sound bytes, that you may have sent to us to use in connection with the project.
ii. The company will maintain copies of all the files used in connection with your project and if you require a disc copy of all the files used in connection with your project, then the company will be happy to supply this to you. Copies of the website files are maintained by us for a reasonable time (usually at least one year), and if you are hosting with us, then files are maintained both locally and on external servers.
iii. The copyright to the markup, CSS files, other code that may have been used by us for you, or certain images that the company may have supplied to or for you are licensed to you in connection with this web design project, and will be licensed solely to the domain name on which the website files reside. If you own the domain name, then you own the copyright.