By placing an order with BlueSparkWebDesigns, you confirm that you are in agreement with and bound by the terms and conditions below.
Definitions:
The Client: The company or individual requesting the services of BlueSparkWebDesigns.
BlueSparkWebDesigns: Primary designer/site owner & employees or affiliates.
General
BlueSparkWebDesigns will carry out work only where an agreement is provided either by email, telephone, mail or fax. BlueSparkWebDesigns will carry out work only for clients who are 18 years of age or above. An ‘order’ is deemed a written or verbal contract between BlueSparkWebDesigns and the client; this includes telephone and email agreements.
Website Design
Whilst every endeavor will be made to ensure that the website and any scripts or programs are free of errors, BlueSparkWebDesigns cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.
The website, graphics and any programming code remain the property of BlueSparkWebDesigns until all outstanding accounts are paid in full.
Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by BlueSparkWebDesigns remain the copyright of BlueSparkWebDesigns and may only be commercially reproduced or resold with the permission of BlueSparkWebDesigns.
BlueSparkWebDesigns cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.
Any additions to the brief will be carried out at the discretion of BlueSparkWebDesigns and where no charge is made by BlueSparkWebDesigns for such additions, BlueSparkWebDesigns accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions.
The client agrees to make available as soon as is reasonably possible to BlueSparkWebDesigns all materials required in order to complete the site to the agreed standard and within the set deadline.
BlueSparkWebDesigns will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
BlueSparkWebDesigns will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner.
BlueSparkWebDesigns will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents.
BlueSparkWebDesigns will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents.
A deposit of 50% is required with any project before any design work will be carried out.
Once a website has been designed and completed the final balance of payment is then due in accordance with our payment terms. There are no exceptions to this, i.e If the client decides they no longer want the site, as they have commissioned the work and paid a deposit they are still obliged to pay the balance in full for the work that has been done.
Non payment will result in legal action being taken if necessary.
GDPR – General Data Protection Regulation
BlueSparkWebDesigns will assist in your website being GDPR compliant. However, it is ultimately the responsibility of The Client and BlueSparkWebDesigns cannot accept responsibility for any fines or losses incurred.
Termination
The client has the right to terminate Managed Hosting or any other services by providing one month’s written notice.
BlueSparkWebDesigns will provide all necessary website files to facilitate a migration to a new host if so desired. All licenses for any themes, plugins, scripts, etc. will then be the responsibility of The Client, as any existing licenses are not transferable.
Changes to these Terms and Conditions:
BlueSparkWebDesigns reserves the right to add, delete, or modify any provision of these Terms and Conditions at any time without notice. Failure to receive notification of a change does not make those changes invalid.