Blue Jay Designs

Terms and Conditions

1. General

1.1 These terms and conditions will apply to any site developed or hosted by Blue Jay Designs Ltd..
1.2 Blue Jay Designs Ltd. reserves the right to amend or repeal these terms without prior notice.
1.3 If a quotations/estimates is provided it is valid for a period of three months from the date of the quotation/estimate.

1.4 This agreement will remain inperpatuity regardless of the active involvement by Blue Jay Designs Ltd..

1.5 These Terms and Conditions shall be governed by and construed in accordance with the laws of England and any disputes will be decided only by the English courts.

1.6 Blue Jay Designs Ltd. shall not be held liable for any loss or perceived damage to clients business or reputation howsoever caused. Blue Jay Designs Ltd. undertakes to at all times conduct its’ business to the highest professional standards and to so far as is reasonably possible protect clients interests at all times.

2. Copyright

2.1 Blue Jay Designs Ltd. retains all copyright to images and illustrations supplied for the client’s use.
2.2 No image may be re-used by the client or any third party without prior written agreement from Blue Jay Designs Ltd..
2.3 The client may request additional usage of images from Blue Jay Designs Ltd. providing Blue Jay Designs Ltd. is not itself bound by any copyright constraint. A fee may be applicable for image re-use.
2.4 Where a client supplies images for use on a project Blue Jay Designs Ltd. assumes that the client has copyright for such use and that Blue Jay Designs Ltd. will not be held liable to any legal action resulting from illegal use of photographs, illustrations, artwork, texts or any other material supplied that may be subject to copyright law.
2.5 Blue Jay Designs Ltd. will retain copyright on design work submitted until such time as the design has been paid for. Any original artwork, photography or other creative origination will remain the property of Blue Jay Designs Ltd. unless a copyright release has been granted to the client in writing.

3. Design

3.1 Photography and illustrations Any additional costs for extra items including photographs and illustrations not specified in the original quotation/estimate will be passed on as extra.
3.2 The cost of changes to the initial quoted site design may be passed on as extra if such modifications result from changes to the original brief after a design has been submitted, or, additional costs resulting from circumstances that could not reasonably have been foreseen by Blue Jay Designs Ltd. prior to commencing work.

4. Web sites

4.1 Design and development
4.1.1 The costs given are based upon the site plan supplied by Blue Jay Designs Ltd. or on pre-existing site plan.
4.1.2 A site design and plan must be approved prior to any work commencing on site development.
4.1.3 Blue Jay Designs Ltd. will make any changes as necessary if the final site does not meet the specifications as laid out in the site plan.
4.1.4 Any alterations made by the client to the site, which were not specified in their initial brief, will be chargeable as extra.
4.1.5 A proof in PDF format or on initial testing site will be submitted for approval prior to going live. Once the client authorises the site to go live, the site will be deemed to have been fully approved and any subsequent design, copy or structural changes will be charged extra (see 4.3.14).
4.1.6 Work involving client domain names and hosting other than registering a domain name and providing hosting as specified in the quotation/estimate are chargeable extra.

4.2 Site Maintenance

4.2.1 Site maintenance is excluded from all quotations by default, unless specifically included and detailed within the quotation/estimate.
4.2.2 Where site maintenance is included but not detailed then this is for basic site maintenance only.
4.2.3 Basic site maintenance covers functionality of the site only. Basic site maintenance does not cover changes to site design, code or text.
4.2.4 Any work required on a site for which there is no maintenance contract will be charged at the prevailing hourly rate.

4.3 Maintenance Contracts

4.3.1 Maintenance Contracts are calculated on the level of work likely to be required to maintain the site or its content.
4.3.2 Maintenance Contracts run for a period of twelve months, renewable on an annual basis.
4.3.3 The twelve month period is non negotiable and will expire at the end of its term whether or not its allocation has been fully used. No discount or refund will be given for any unused portion unless by prior agreement.
4.3.4 If the client exceeds the scope of the maintenance agreement and their annual allocation for maintenance becomes fully used prior to the end of its term the client may opt to add additional hours to their contract at the contract’s current hourly rate. A minimum of eight (8) hours must be added on each top up.
4.3.5 On sites not hosted by Blue Jay Designs Ltd. the contract expressly excludes all cover related to the host server, including email and database problems.
4.3.6 All contracts are payable in advance.
4.3.7 Blue Jay Designs Ltd. may vary the cost and scope of its contracts over time, customers are advised to check the website for the prevailing terms.
4.3.8 Blue Jay Designs Ltd. reserves the right to cancel a maintenance contract if maintenance fees are not paid within the prescribed period or if the agreement is violated.

4.4 General

4.4.1 Blue Jay Designs Ltd. will not enter into any dialog with any third party concerning issues, technical or otherwise, arising from the site.
4.4.2 Blue Jay Designs Ltd. will not be held liable for non-compatibility issues resulting from the use of software Blue Jay Designs Ltd. may supply from a third party that may conflict with the clients computers or servers.
4.4.3 Technical support from Blue Jay Designs Ltd. is limited to issues directly concerning the site’s functionality and specifically excludes any issue arising from the client’s own hardware or software.
4.4.4 The content of the site is the sole responsibility of the client. Blue Jay Designs Ltd. will not be held liable for any content, pictorial or editorial, held within the site.

4.5 Domain name registration and hosting facilities

4.5.1 Domain names will be registered to the the client’s business address unless specified otherwise.
4.5.2 All fees for registration and hosting are payable in advance.
4.5.3 Blue Jay Designs Ltd. reserves the right to immediately suspend or terminate any site that for which hosting is unpaid, and may charge an administration fee not exceeding £300 to re-instate a site.
4.5.4 No domain name will be released from an unpaid account.
4.5.5 Domain name and hosting renewals are due at least five days in advance of the renewal date.
4.5.6 Domain names and hosting fees are non refundable.
4.5.7 All hosting services including dedicated servers, virtual servers, firewalls, backup services, VPN’s are subject to minimum 12 month contract.

4.6 Site release

4.6.1 A site may be released to a client for placement elsewhere providing no items for which Blue Jay Designs Ltd. holds copyright apply.
4.6.2 A quotation/estimate will be submitted to the client detailing any costs if applicable.
4.6.3 All outstanding hosting, registration and maintenance fees must be fully paid up prior to the site’s release.

4.7 Security

4.7.1 Blue Jay Designs Ltd. may provide the site’s FTP user name and password to the client, the client is required not to give out this information to any unauthorised user. Violation of this will result in the immediate closure of the website.
4.7.2 Any changes made to the site’s code as a result of the client’s access to the site is entirely at the client’s own risk. Any work required to reinstate a site or repair a damaged site will be charged to the client, such repair falls outside the cover of any maintenance agreement that may be in force.
4.7.3 No retrieving of files from the host site is permitted unless the Intellectual Property Rights for the site have been assigned to the client.

4.8 Fees

4.8.1 All site design and development fees are due prior to the site going live.

5.0 Offers

5.1 Some Blue Jay Designs Ltd. packages may offer free services from time to time

6.0 Privacy

6.1 Blue Jay Designs Ltd. takes privacy very seriously. Our customer’s details are never released to any third party for sales or marketing purposes. Credit card details are never stored by Blue Jay Designs Ltd. either electronically on our systems or in any other form.