Terms and Conditions |
By placing an order with Blue Smarty, you confirm that you are in agreement with and bound by the terms and conditions below.
The Client: The company or individual requesting the services of Blue Smarty.
Blue Smarty: Primary designer/site owner & employees or affiliates.
Blue Smarty will carry out work only where an agreement is provided either by email, telephone, mail or fax. Blue Smarty will carry out work only for clients who are 18 years of age or above. An 'order' is deemed to be a written or verbal contract between Blue Smarty and the client, this includes telephone and email agreements.
2. Website Design
a) Whilst every endeavor will be made to ensure that the website and any scripts or programs are free of errors, Blue Smarty cannot accept responsibility for any losses incurred due to malfunction of the website or any part of it.
b) Blue Smarty 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.
c) Blue Smarty will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
d) Blue Smarty 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.
e) Blue Smarty 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.
f) Blue Smarty 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.
g) The website, graphics and any programming code remain the property of Blue Smarty until all outstanding accounts are paid in full.
h) Any scripts, php scripts, cgi applications, or software (unless specifically agreed) written by Blue Smarty remain the copyright of Blue Smarty and may only be commercially reproduced or resold with the permission of Blue Smarty.
i) The client agrees to make available as soon as is reasonably possible to Blue Smarty all materials required to complete the site to the agreed standard and within the set deadline.
j) Any additions to the brief will be carried out at the discretion of Blue Smarty and where no charge is made by Blue Smarty for such additions, Blue Smarty 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.
k) A deposit of 50% is required with any project before any design work will be carried out.
l) Once a website has been completed the final balance of payment is then due. Payment is still due if the client decides they no longer want the site, as they have commissioned the work they are still obliged to pay for the work that has been done. Non payment will result in legal action being taken if necessary.
3. Database, Application and E-Commerce Development
a) Blue Smarty cannot take responsibility for any losses incurred by the use of any software created for the client. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.
b) Any scripts, cgi applications or software (unless specifically agreed) written by Blue Smarty remain the copyright of Blue Smarty and may only be commercially reproduced or resold with the permission of Blue Smarty.
c) Where applications or sites are developed on servers not recommended by Blue Smarty, the client is expected to provide or seek any information,additional software,support or co-operation pertaining to the server required in order for the application to be correctly developed. Where large applications are to be developed, it is the clients responsibility to provide a suitable testing environment which is identical to the final production environment.
d) The client is expected to test fully any application or programming relating to a site developed by Blue Smarty before being made generally available for use. Where "bugs", errors or other issues are found after the site is live, Blue Smarty will endeavor (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief.
Blue Smarty will endeavor to ensure that any developed/designed site or application will function correctly on the server it is initially installed in and that it will function correctly when viewed with the current versions of popular browsers.
5. Website Hosting
a) No guarantees can be made as to the availability or interruption of this service and Blue Smarty cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss.
b) Blue Smarty reserves the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial, and also to terminate the hosting service of any client should the necessity arise.