Terms and Conditions. Essential to avoid misunderstandings
The following terms and conditions apply to all website services offered by Babelscribe. By undertaking a Web site design project with Babelscribe Ltd you are agreeing to the following terms and conditions.
Babelscribe reserves the right to change or modify any of the above terms and conditions.
1. We reserve the right to refuse to construct a web site which we may judge as unfit due to content or otherwise.
2. The acceptance of a commission shall be deemed as a contractual agreement between the client and Babelscribe, and a 10% deposit will be payable before work can commence.
3. Babelscribe 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. The estimate is based on the initial briefing. Actual costs will depend on final requirements. Any changes or additions to format, content or functionality of the site may incur further costs. Third party (suppliers’) costs will be requoted once final specifications and needs are determined.
6. The copyright for all material provided by Babelscribe, such as HTML code, graphics, photographs and text, will remain the property of Babelscribe until such time as payment has been made in full whereupon they will become the property of the client.
7. Babelscribe makes every effort to design pages which display acceptably in the most popular current browsers and devices, and cannot accept responsibility for pages, which do not display acceptably in new devices and versions of browsers released after pages have been designed.
8. Babelscribe will initially place the client’s website on one of Babelscribe ‘s demonstration servers in order that the client may view and comment upon the website’s progress. When both Babelscribe and the client agree that the website meets the criteria agreed during the commissioning process, Babelscribe will invoice the client for the full amount due for the commission. On receipt of payment, Babelscribe will publish the website on the client’s domain name
9. If at any point during the development phase a client wishes to cancel, they may do so but will be invoiced an amount that Babelscribe judges to be proportional to the amount of work completed on the commission.
10. If, during the development phase, the client does not supply the content required in order to complete the commission within a reasonable amount of time, Babelscribe will consider that the client wishes to cancel the commission.
11. Babelscribe expects payment by cheque, direct debit or cash within 14 days of the date on the invoice.
12. If we are forced to hand your account over to a debt collection agency for collection you will be liable for any collection costs incurred.
13. GST. All prices are quoted exclusive of GST. GST is payable by New Zealand residents, this cost does not apply to overseas orders.
14. Babelscribe does not undertake to maintain or update a client’s website as part of the design commission. If a client wishes Babelscribe to maintain or update a web site as a separate commission, Babelscribe 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. Babelscribe reserves the right to alter prices at any time without notice. If a client has commissioned any services from Babelscribe 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. Hosting and support incurs an ongoing monthly charge. Failure to pay this could result in the temporary removal to your website until outstanding charges have been paid.
17. No guarantees can be made as to the availability or interruption of the hosting service provided, and as such 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.
18. Monthly support is limited to server support only. If you require more support than this additional support plans are available.
19. To maintain the security and integrity of our servers, Babelscribe maintains the right to upgrade the software of your website (core and plugins) as and when required.
19.1. Basic Hosting Plan accounts will be charged a nominal fee when this upgrade occurs, plus any extra work required to find replacement plugins should any fail to upgrade and maintain full functionality.
19.2. Hosting Plans that include upgrades (eg. babelBusiness Plan) will not incur a cost for regular upgrades unless a replacement plugin has to be located, set up and installed.
19.3. Failure to permit us to upgrade your website files as and when required may compromise the entire server so we maintain the right to cancel your hosting plan and ask that you move your account to another provider. This ensures the security of all our clients on the server.