Terms of Use

Acceptance

It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.
 
 Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.

Charges

Charges for services to be provided by Burst of Code Ltd are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 30 days. Burst of Code Ltd reserves the right to alter or decline to provide a quotation after expiry of the 30 days.

Unless agreed otherwise with the Client, all website design services require an advance payment of a minimum of thirty-three (30) percent of the project quotation total before the work is supplied to the Client for review. A second charge of thirty-three (35) percent is required after the development stage, with the remaining thirty-three (35) percent of the project quotation total due upon completion of the work, prior to upload to the server or release of materials.

Payment for services is due by bank transfer or PayPal. Bank details will be made available on invoices.

Client Review

Burst of Code Ltd will provide the Client with an opportunity to review the appearance and content of the website during the design phase and once the overall website development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies Burst of Code Ltd otherwise within ten (10) days of the date the materials are made available to the Client.

Turnaround Time and Content Control

Burst Of Code Ltd will install and publicly post or supply the Client’s website by the date specified in the project proposal, or at the date agreed with Client upon Burst Of Code Ltd receiving initial payment, unless a delay is specifically requested by the Client and agreed on by Burst of Code.

In return, the Client agrees to delegate a single individual as a primary contact to aid Burst Of Code Ltd with progressing the commission in a satisfactory and expedient manner.

During the project, Burst Of Code Ltd will require the Client to provide website content: text, images, movies and sound files.

The project is divided into several phases, each one of them needs to be compleated in order. Each phase must be completed before work on the next phase may begin. A phase is considered completed when the client approves the work in progress assigned to that phase.

Failure to provide required website content

To remain efficient Burst Of Code Ltd must ensure that work we have programmed is carried out at the scheduled time. On occasions, we may have to reject offers for other work and inquiries to ensure that your work is completed at the time arranged.

This is why we ask that you provide all the required information in advance. On any occasion where progress cannot be made with your website because we have not been given the required information in the agreed time frame, and we are delayed as result, we reserve the right to impose a surcharge of up to 25%.

If you agree to provide us with the required information and subsequently fail to do within one week of project commencement we reserve the right to close the project and the balance remaining becomes payable immediately. Simply put, all the above condition says is do not give us the go ahead to start until you are ready to do so.

NOTE: Text content should be delivered as a Microsoft Word, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website. These pages should have the same titles as the agreed website pages. Contact us if you need clarification on this.

Using our content management system you are able to keep your content up to date yourself.

Payment

Invoices will be provided by Burst Of Code Ltd upon completion but before publishing the live website. Invoices are normally sent via email; however, the Client may choose to receive printed invoices. Invoices are due upon receipt. Accounts that remain unpaid thirty (30) days after the date of the invoice will be assessed a service charge in the amount of the higher of one and one-half percent (1.5%) or £30 per month of the total amount due.

Refunds

Certain items cannot be returned or refunded due to their nature. These items include, but are not limited to: Stock photography, music, web hosting, domain names, statistical packages and software, etc.

Additional Expenses

Client agrees to reimburse Burst of Code Ltd for any additional expenses necessary for the completion of the work. Examples would be a purchase of special fonts, stock photography etc.

Web Browsers

Burst of Code Ltd makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Google Chrome, etc.). Client agrees that Burst of Code Ltd cannot guarantee correct functionality with all browser software across different operating systems.

Burst of Code Ltd cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website have been designed and handed over to the Client. As such, Burst Of Code Ltd reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.

Default

Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on Burst of Code Ltd Web space, Burst of Code Ltd will, at its discretion, remove all such material from its web space. Burst of Code Ltd is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account. Clients with accounts in default agree to pay Burst of Code Ltd reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Burst of Code Ltd in enforcing these Terms and Conditions.

Termination

Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. E-mail or telephone requests for termination of services will not be honoured until and unless confirmed in writing. The Client will be invoiced for design work completed to the date of first notice of cancellation for payment in full within thirty (30) days.

Also, if the contract would be terminated while the project is ongoing, all the work done to the point of termination would be charged at fixed fee of £45 per hour, unless the contract is cancelled during the first 14 days in which case The Consumer Act 2013 applies.

In case it will be impossible for Burst of Code Ltd to reach the client during the period of 21 days, Burst of Code Ltd reserves the right to terminate the contract due to lack of communication and charge work done to that point at fixed fee of £45 per hour.

A project will be put on hold if Feedback is not received within 15 days. Burst of Code Ltd reserves the right to charge a Hold Fee in any amount up to£500 or 5% of the total project amount, whichever is less.

Indemnity

All Burst of Code Ltd services may be used for lawful purposes only. You agree to indemnify and hold Burst of Code Ltd harmless from any claims resulting from your use of our service that damages you or any other party.

Copyright

The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Burst of Code Ltd the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting Burst of Code Ltd permission and rights for use of the same and agrees to indemnify and hold harmless Burst of Code Ltd from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the Client to Burst of Code Ltd that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.

Standard Media Delivery

Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format (ASCII text files delivered on floppy disk or via e-mail or FTP) and that all photographs and other graphics will be provided physically in high-quality print suitable for scanning or electronically in .gif, .jpeg, .png or .tiff format. Although every reasonable attempt shall be made by Burst of Code Limited to return to the Client any images or printed material provided for use in the creation of the Client’s website, such return cannot be guaranteed.

Design Credit

A link to Burst of Code Ltd will appear in either small type or by a small graphic at the bottom of the Client’s website. If a graphic is used, it will be designed to fit in with the overall site design. If a client requests that the design credit is removed, a nominal fee of 10% of the total development charges will be applied. When total development charges are less than £5000, a fixed fee of £500 will be applied. The Client also agrees that the website developed for the Client may be presented in Burst of Code Ltd portfolio.

Access Requirements

If the Client’s website is to be installed on a third-party server, Burst of Code Ltd must be granted temporary read/write access to the Client’s storage directories which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.

Post-Placement Alterations

Burst of Code Ltd cannot accept responsibility for any alterations caused by a third party occurring to the Client’s pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.

Any errors made by Burst of Code Ltd and spotted within 30 days of the website going live, would be fixed by Burst of Code Ltd at no extra cost to the Client. Any errors to be fixed after 30 days period would be charged at fixed rate of £45 per hour.

Domain Names

Burst of Code Ltd may purchase domain names on behalf of the Client. Payment and renewal of those domain names are the responsibility of the Client. The loss, cancellation or otherwise of the domain brought about by none or late payment is not the responsibility of Burst of Code Ltd. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.

General

These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s signature below or payment of an advance fee constitutes the agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.

Governing Law

This Agreement shall be governed by English Law.

Liability

Burst of Code Ltd hereby excludes itself, its Employees and or Agents from all and any liability from:

Loss or damage caused by any inaccuracy;
 Loss or damage caused by omission;
 Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the website;
 Loss or damage to clients’ artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.

The entire liability of Burst of Code Ltd to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.

Severability

In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties.

Changes to these Terms and Conditions

Burst of Code Ltd 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. These Terms and Conditions will always be available to download or print from our website.