Terms

Websites

  1. We reserve the right to refuse to construct a web site, which we may judge as unfit due to content or otherwise. This includes, but is not limited by, sites containing adult oriented material such as pornography, sites which promote hatred towards persons belonging to any ethnic group, religion or sexual orientation and sites which infringe copyright or are contrary to UK laws.
  2. The acceptance of a commission shall be deemed as a contractual agreement between the client and Biff Bang Pow Limited
  3. Biff Bang Pow Limited cannot always guarantee to start work immediately on a commission but will arrange a date with the client as to when work can commence.
  4. All material, both text and images, supplied by the client and used in the construction of the client's web site, will remain the client's property. All such material will be assumed to be the property of the client and free to use without fear of breach of copyright laws.
  5. All Intellectual Property Rights provided by Biff Bang Pow Limited will remain the property of Biff Bang Pow Limited until such time as payment has been made in full whereupon they will become the property of the client save for Excluded Elements and Third Party Products. Excluded Elements and Third Party Products explanation available on request
  6. Biff Bang Pow Limited makes every effort to design pages which display acceptably in the most popular current browsers, but cannot accept responsibility for pages which do not display acceptably in new versions of browsers released after pages have been designed.
  7. Biff Bang Pow Limited will submit a client's website to several of the major search engines as part of the design commission. If a client wishes Biff Bang Pow Limited to promote a web site as a separate commission, Biff Bang Pow Limited will make every reasonable effort to promote the website effectively but cannot guarantee high placings in search engine results.
  8. Biff Bang Pow Limited can accept no responsibility or liability if any search engine, online directory or search site, submitted to as part of a web site promotion commission, chooses not to list a client's web site.
  9. Biff Bang Pow Limited may initially place the client's website on one of Biff Bang Pow Limited 's demonstration servers during development in order that the client may view and comment upon the website's progress. When both Biff Bang Pow Limited and the client agree that the website meets the criteria agreed during the commissioning process, Biff Bang Pow Limited will invoice the client for the full amount due for the commission. On receipt of payment, Biff Bang Pow Limited will publish the website on the client's server, or provide the source code for the site via a download (or cd-rom disk) for the client to upload.
  10. If at any point during the Website Development Cycle a client wishes to cancel, they may do so but will be invoiced an amount that Biff Bang Pow Limited judges to be proportional to the amount of work completed on the commission.
  11. If, during the Website Development Cycle, the client does not supply the content required in order to complete the commission within a reasonable amount of time, Biff Bang Pow Limited will consider that the client wishes to cancel the commission. Biff Bang Pow Limited reserve the right to invoice for any works underway but which may not have been uploaded onto either the live or demonstration server.
  12. Biff Bang Pow Limited expects payment by on-line, cheque, or cash within 14 days of the date on the invoice. Late payment may incur a charge of 5% per annum above the base rate for the time being of HSBC Bank Plc. Such interest shall accrue on a daily basis and be compounded quarterly. Biff Bang Pow Limited reserves the right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998.
  13. Any payment returned by the bank or credit card company will incur a £35 administration charge. This will be invoiced and will be added to the total outstanding debt owed by the customer.
  14. Biff Bang Pow Limited does not undertake to maintain or update a client's website as part of the design commission. If a client wishes Biff Bang Pow Limited to maintain or update a web site as a separate commission, Biff Bang Pow Limited will negotiate with the client a maintenance contract appropriate to the amount of work required. Web site maintenance may also be undertaken on a time and materials basis if the client so wishes.
  15. Biff Bang Pow Limited reserves the right to alter prices at any time without notice. If a client has commissioned any services other than maintenance contracts from Biff Bang Pow Limited prior to a change in prices, that commission will not be subject to any increase, but any subsequent commission may be subject to an increase.
  16. Prior to engagement of Biff Bang Pow Limited full contractual terms must be agreed and signed off by a suitable company representative with commissioning powers. Any required changes to Biff Bang Pow Limited standard contract may be chargeable to the client.
  17. By agreeing to these terms and conditions your statutory rights are not affected

Liability
We’ll carry out our work in accordance with good industry practice and at the standard expected from a suitably qualified person with relevant experience.
That said, we can’t guarantee that our work will be error-free and so we can’t be liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if you’ve advised us of them.
Your liability to us will also be limited to the amount of fees payable under this contract and you won’t be liable to us or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if we’ve advised you of them.

Finally, if any provision of this contract shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this contract and shall not affect the validity and enforceability of any remaining provisions.

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  1. Biff Bang Pow Limited expects payment by on-line, cheque, or cash within 14 days of the date on the invoice. Late payment may incur a charge of 5% per annum above the base rate for the time being of HSBC Bank Plc. Such interest shall accrue on a daily basis and be compounded quarterly. Biff Bang Pow Limited reserves the right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998.
  2. Biff Bang Pow Limited shall have the right to withhold and sell goods commissioned by a customer to secure monies owing.
  3. Estimates are given on original copy out when a rough description only is available, the price quoted can only be approximate, and work received on this basis is only accepted on the understanding that the price is not binding.
  4. Every care is taken in the preparation of artwork, but they should be carefully checked on receipt to make sure that they comply with your requirements. In the event of an error being made, our liability is limited to the replacement or correction of the goods supplied by us.
  5. Proofs. Customer's corrections, including alterations in style, and the cost of additional proofs necessitated by such corrections will be, charged extra. Proofs of all work may be submitted for customer's approval, and no responsibility will be accepted for any errors in them not corrected by him.
  6. Preliminary Work. Work carried out, whether experimentally or otherwise, at customer’s request will be charged.
  7. Orders for reproduction are accepted on the understanding that the customer will indemnify Biff Bang Pow Limited against any liabilities subsequently arising, and in particular any liability for infringement of copyright or publication of any libellous matter. If during the course of carrying out any order, the Company deems any matter to be libellous or of such nature as may render the Company liable to legal proceedings whether civil or criminal, then the Company shall of be required or bound to complete such order and shall not be under any ability for the non-completion thereof. The customer shall, however pay for any work done, or expenses incurred by the Company.
  8. Whilst accepting an order, no conditions other than these conditions are accepted or agrees, nor can Biff Bang Pow guarantee that the same will be carried out. Every effort will be made to carry out the contract but its due performance is subject to cancellation by the Company or to such variation as we may find necessary as a result of inability to secure labour, materials or supplies or as a result of any Act of God, War, Strike, Lockout or other labour dispute, Fire, Flood, Drought, Legislation or other cause (whether of the foregoing class or not) beyond our control.
  9. Customer's properly and all property supplied to the Company by or on Behalf of the customer shall, whilst it is in the possession of the Company or in Transit to or from the customer be deemed to be at customer's risk and the customer should insure accordingly.
  10. No consideration can be given to complaints not made within 7 days of delivery.
  11. Biff Bang Pow Limited reserves the right to carry out any order by sub-contract. The above applies in full to such work put out by Biff Bang Pow Limited.
  12. These conditions and all other express terms of the contract shall be governed and construed in accordance with the laws of England.