The TOS may be changed from time to time at the discretion of Bright Red Digital Ltd. The client understands that change to the TOS by Bright Red Digital Ltd shall not be grounds for non-payment. By purchasing services from Bright Red Digital Ltd you are agreeing to the following:
We will always do our best to fulfil your needs and meet your goals, but sometimes it’s best to have a few things written down so that we both know what’s what, who should do what and what happens if stuff goes wrong.
In this contract you won’t find complicated legal terms or long passages of unreadable text. We do want what’s best for the safety of both parties, now and in the future.
You are hiring us Bright Red Digital Ltd located at Old Docks House, 90 Watery Lane, Preston, PR2 1AU to carry out services requested for the price agreed in our previous correspondence. Of course, it’s a little more complicated, but we’ll get to that.
As our customer, you have the power and ability to enter into a contract on behalf of your company or organisation. You agree to provide us with everything that we’ll need to complete the project – including text, images and other information – as and when we need it and in the format we ask for.
You agree to review our work, provide feedback and/or approval within 10 working days of being sent any communication from us. Deadlines work two ways and you’ll also be bound by any dates that we set together.
We will carry out requests in a professional and timely manner, and document our progress in our project management system so you know exactly where we are with a project at any given time. Along the way we will endeavour to meet all the deadlines set but we can’t be responsible for a missed launch date or a deadline if you have been late in supplying materials or have not approved or signed off our work on-time at any stage.
On top of this we’ll also maintain the confidentiality of any information that you give us, and your personal details will never be passed to any third party.
All of our projects follow an agreed work-flow and your input will be required throughout each stage, with a sign off procedure on the completion of each one. Only once a stage is complete will we move onto the next stage of your project. If for any reason we need to revisit a previous stage to make any amendments once that section is signed off as complete, then this will be charged as extra at our standard hourly rate.
If your project includes design work, at our initial meeting we will work through our research questionnaire which will help us identify your business goals and target market, and from the information we gather we can produce any artwork required with the agreed number of revisions.
If you’re not happy with the designs at this stage, you will pay us in full for all of the work that we have produced up until that point/stage and you may either cancel this contract or continue to commission us to make further design revisions at the hourly rate set out in our original estimate.
The landscape of web browsers and devices changes regularly and our approach is to look forward, not back. With that in mind we will test the site in current versions of all major desktop browsers as well as the latest iOS and Android devices. Users of older or less capable browsers or devices will experience a design that is appropriate to the capabilities of their software.
We will not test old or abandoned browsers, for example Microsoft Internet Explorer or previous versions of Microsoft Edge, Google Chrome, Safari, Mozilla Firefox or Opera unless otherwise specified. If you need us to consider these older browsers, we will charge you at the hourly rate set out in our original estimate for any necessary additional design work, development and testing.
We’re not responsible for writing or inputting any text copy unless we specified it in the original project specification. We’ll be happy to help though, and we’ll happily price up any copy-writing or content input should it be required.
You will supply us photographs either in digital or printed format. If you choose to buy stock photographs we can suggest vendors of stock photography. Any time we spend searching for appropriate photographs will be charged at our hourly rate.
Any prices quoted are based on the quantity of work involved to accomplish everything that you have told us you want to achieve in your project. If you do want to change your mind, change designs, add extra pages, or templates or even add new functionality, that won’t be a problem.
We’ll amend any existing contracts in place and quote any prices in advance for the additions to the original brief. Any changes requested on a project will be confirmed as received, quoted (if necessary) and an estimated delivery date for completion will be booked in the diary and notified to you within 48 hours of being received.
We understand your very busy whilst trying to do your normal day job and provide us with the information we need to complete your project. However when we experience delays in a project, it causes us havoc having to move other projects around to compensate for the gap in our schedule.
If a project is delayed for any reason beyond 30 days, we will invoice you up until the nearest project stage which will be due immediately. When the project is ready to resume, we will generate the final invoice for the total amount, which will be due immediately. Once full payment is received then we will reissue you with a new start date before restarting the project or any further requests.
Any prices quoted are valid for a period of 60 days unless otherwise specified.
Whilst we will do our best to help, the internet is something that is constantly evolving and we can’t guarantee that our code will work unsupported indefinitely. All work is guaranteed for a period of 60 days from completion or 30 days from go live, whichever is sooner (unless detailed otherwise in your project specification). After this point any future requests, software patches or code changes will become chargeable.
In the event that no sign off document has been completed then code will be covered by warranty, up until 30 days after the due date of the relevant invoice.
If your project is hosted or managed by us: We will always investigate a potential fault with a project outside of the warranty period free of charge, and quote you for any necessary updates as required.
If you host your site or application with a 3rd party: An initial charge of £77 + VAT will be applied to your account to investigate the problem, which will include the first hours labour.
Any support request which requires a software patch, received after a project is completed/live will be subject to a minimum charge of £77 + VAT which includes the first hour of labour unless you have an agreed retainer rate.
Please note that support requests are only dealt with during normal office hours which are currently 9am – 5pm Monday / Friday unless an out of hours support agreement has been put in place.
We can’t guarantee that the functions contained in any web page templates or in a completed web site will always 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 arising out of the operation of or inability to operate this web site and any other web pages, even if you have advised us of the possibilities of such damages.
In the same way if you host a website or application with us, we can’t be held responsible for any lost profits, or damages resulting from website downtime or slowdown. Rest assured issues with our web server are very rare, but when problems occur we have staff who are on hand to resolve this 24/7 and automatic checks to make sure that an issues are alerted to the team at the earliest possible moment.
If you’re not happy with the quality of any of the digital and design work we do, then neither are we. We’ll do everything we can to put it right, but if on the rare occasion we can’t achieve this, we’ll give you your money back.
* If you have completed a staged project sign off form, in this instance you would only be entitled to a partial refund of the proportion of work which was deemed unacceptable, and in the event a project completion form has been signed, no refund would be offered.
*** Money back guarantee applies only to website builds, and to new customers only ***
You guarantee to us that any elements of text, fonts, graphics, photos, designs, trademarks, or other artwork that you provide us for inclusion in the web site are either owned by your good selves, or that you have permission to use them.
When we receive your final payment, copyright is automatically assigned as follows:
You own the graphics, code and the other visual elements that we create for you for this project. We’ll keep a copy of all files and store them really safely for future use. If your no longer a customer of Bright Red Digital Ltd we will store these files for a period of 6 months after terminating any contract where files can be supplied on request.
You also own text content, photographs and other data you provided, unless someone else owns them.
We love to show off our work and share what we have learned with other people, so we reserve the right to display and link to your completed project as part of our portfolio and to write about the project on web sites, in magazine articles and in books about web design.
We are sure you understand how important it is as a small business that you pay the invoices that we send you promptly. As we’re also sure you’ll want to stay friends, you agree to stick tight to the dates set out on the invoice.
All goods shall remain the property of Bright Red Digital Ltd until payment is received in full.
Bright Red Digital reserves the right to suspend products and/or services in the event of non-payment within the specified terms.
We understand and will exercise our statutory right to claim interest and compensation for debt recovery costs under the late payment legislation if we are not paid to agreed credit terms.
All payments to Bright Red Digital Ltd are non refundable.
Either party can cancel a contract at any time providing that any minimum time period has been covered from the initial documentation, and by giving a minimum of 30 days notice in writing (unless another time period is specified in your existing contract).
If your cancelling a domain name, hosting, development retainer, support contract and/or any service which is billed on a regular basis, please note your account must be paid in full before we will supply you with any files, code and/or domain names.
But where’s all the horrible small print?
You can’t transfer this contract to anyone else without our permission. This contract stays in place and need not be renewed. If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts of it remain in place.
Although the language is simple, the intentions are serious and this contract is a legal document under exclusive jurisdiction of English courts.
If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.