Terms and Conditions
Website Design and Development – Terms and Conditions
Company Name:Blue Dolphin Business Development
Registered Address: Eventus,℅ Inifnity Accounting, Sunderland Road, Market Deeping, Peterborough, PE6 8FD
Email: Solutions@bdolphin.co.uk
Telephone: 01733 595502
1. Definitions
1.1 “Company”, “we”, “us”, or “our” refers to [Your Company Name], the provider of website design and development services.
1.2 “Client”, “you”, or “your” refers to the individual, business, or organisation engaging the Company’s services.
1.3 “Project” refers to the website design and/or development work described in the Project Proposal or Scope of Work document.
1.4 “Deliverables” refers to the completed website, designs, graphics, source code, or other materials produced by the Company.
1.5 “Agreement” refers to this Terms and Conditions document together with any Project Proposal or written correspondence confirming acceptance.
2. Acceptance of Terms
2.1 By commissioning the Company to carry out any website design, development, or associated service, you agree to these Terms and Conditions.
2.2 These Terms shall apply to all services provided unless expressly agreed otherwise in writing by both parties.
3. Project Scope and Process
3.1 The Company shall carry out the Project as described in the approved quotation or proposal.
3.2 Any additional work requested outside the agreed scope will be subject to additional fees at the Company’s standard hourly rate.
3.3 The Client must provide all necessary materials (text, images, logos, brand assets, etc.) in a timely manner to avoid delays.
3.4 The Company will provide drafts or prototypes for review, and the Client must supply feedback within the agreed timeframe.
4. Payment Terms
4.1 Unless otherwise agreed, the following payment schedule applies:
- 50% deposit due upon project commencement (non-refundable).
- 50% balance due upon completion and prior to website launch or file handover.
4.2 All invoices are due within 14 days of issue.
4.3 Late payments may incur interest at 4% per annum above the Bank of England base rate.
4.4 The Company reserves the right to suspend or withhold work until full payment is received.
5. Intellectual Property
5.1 Upon full payment, ownership of the completed website design, code, and associated deliverables transfers to the Client, excluding:
- Pre-existing code libraries, frameworks, or proprietary tools used by the Company;
- Stock images, fonts, or third-party plugins subject to separate licence terms.
5.2 The Company retains the right to display completed projects in its portfolio and marketing materials, unless otherwise agreed in writing.
6. Client Responsibilities
6.1 The Client is responsible for ensuring that all content supplied does not infringe copyright, contain unlawful material, or breach data protection regulations.
6.2 The Client is responsible for the ongoing accuracy and legality of website content after handover.
6.3 The Client must maintain appropriate backups unless a separate maintenance agreement is in place.
7. Website Hosting and Maintenance
7.1 Hosting and domain registration are not included unless explicitly stated in the Project Proposal.
7.2 The Company may recommend hosting providers but is not liable for downtime, performance issues, or data loss caused by third parties.
7.3 If ongoing maintenance is included, its scope, duration, and fees will be detailed in a separate maintenance agreement.
8. Testing and Acceptance
8.1 The Company will perform standard testing before delivery.
8.2 The Client shall have [7–14] days from delivery to review and request reasonable amendments.
8.3 If no feedback is received within this period, the Deliverables will be deemed accepted.
9. Warranties and Liability
9.1 The Company warrants that the Deliverables will function as described at the time of delivery.
9.2 The Company is not liable for:
- Compatibility issues arising from third-party software updates, browsers, or devices post-launch;
- Loss of profits, business, or data;
- Any indirect, consequential, or incidental damages.
9.3 The Company’s total liability shall not exceed the total amount paid by the Client for the Project.
10. Confidentiality
10.1 Both parties agree to keep confidential any proprietary or sensitive information shared during the Project.
10.2 This obligation continues indefinitely after termination of this Agreement.
11. Termination
11.1 Either party may terminate this Agreement with written notice if the other party commits a material breach and fails to remedy it within 14 days.
11.2 Deposits are non-refundable once work has commenced.
11.3 Upon termination, all outstanding invoices become immediately due, and any work completed up to that point remains payable.
12. Force Majeure
12.1 The Company shall not be held liable for any delay or failure to perform obligations due to events beyond its reasonable control, including natural disasters, acts of war, government restrictions, or technical failures.
13. Governing Law and Jurisdiction
13.1 These Terms shall be governed by and construed in accordance with the laws of England and Wales.
13.2 Any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.
14. Entire Agreement
14.1 This Agreement constitutes the entire understanding between the parties and supersedes all prior discussions, proposals, or representations.
14.2 No variation shall be effective unless agreed in writing by both parties.
15. Contact Information
If you have any questions regarding these Terms and Conditions, please contact:
Email: Solutions@bdolphin.co.uk
Telephone: 01733 595502
Project Schedule and Content Control
In the majority of projects, Blue Dolphin Ltd will install and publicly post or supply the Client’s Web site by the date specified in the project proposal. If no such date is specified, the timescale shall be within four weeks of the date initial payment is received from the Client, unless a delay is specifically requested by the Client and agreed by Blue Dolphin Ltd. An alternate time scale can be agreed during the initial project discussion.In return, the Client agrees to delegate a single individual as ‘first-point-of-call’ to aid Blue Dolphin Ltd with completing the project in a satisfactory and expedient manner.During the project, Blue Dolphin Ltd will require the Client to provide copy and images. If content is not provided within four (4) weeks of an official request by email then Blue Dolphin Ltd reserves the right to advise the Client of a revision to the final payment fee based on new or revised pricing schedules that may be introduced from time to time. If content is not provided within eight (8) weeks from the original email request then the Client is considered to be in default of the project, the project will be terminated and the Client sent the final invoice for immediate payment. Blue Dolphin Ltd will agree, at its discretion, to recommence the project after agreement is reached on a new quotation document and once the original fees have been paid.
Client Review
Blue Dolphin Ltd will provide the Client with an opportunity to review the appearance and content of the Web site during the design and once they are completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies Blue Dolphin Ltd otherwise within ten (10) days of the date the materials are made available to the Client.
Default
If the Client in default has any information or files on Blue Dolphin Ltd’ Web space, Blue Dolphin Ltd can, at its discretion,remove all such material from its web space. Blue Dolphin 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 the Client’s account will immediately be considered to be in default until full payment is received. Clients with accounts in default agree to pay Blue Dolphin Ltd reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Blue Dolphin Ltd in enforcing these Terms and Conditions.
Termination
Termination of the Web Development project by the Client must be requested in writing 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.
Copyright
The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Blue Dolphin 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 Blue Dolphin Ltd permission and rights for use of the same and agrees to indemnify and hold harmless Blue Dolphin Ltd from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. A contract for Web site design and/or placement shall be regarded as a guarantee by the Client to Blue Dolphin Ltd that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
Rights
- You retain ownership of copyright, trademarks and other intellectual property rights in materials that you provide to us for use in the development.
- All copyright, trade-marks, patents created, developed, subsisting or used in or in connection with the design and development of the project will be transferred to you on settlement of all outstanding sums due.
- Ownership of the Intellectual Property Rights of the development/programming code/design will remain with Blue Dolphin Ltd contractor until all outstanding sums due to Blue Dolphin Ltd have been paid in full, whereupon ownership will transfer to you.
- Intellectual Property Rights of the development/programming code/design are not transferable to any third parties and furthermore, any associated software/systems may not be re-distributed, sold or rented unless otherwise agreed by Blue Dolphin in writing
Media Delivery Requirements
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 via e-mail, CD-Rom, DVD, 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.
The specific requirements will be discussed and agreed with the Client prior to commencement of the project. Although every reasonable attempt shall be made by Blue Dolphin Ltd to return to the Client any images or printed material provided for use in creation of the Client’s Web site, such return cannot be guaranteed.
Access Requirements
If the Client’s Web site is to be installed on a third-party server, Blue Dolphin Ltd must be granted temporary read/write access to the Client’s storage directories, and those directories 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 Project Alterations
Blue Dolphin Ltd cannot accept responsibility for any alterations caused by the Client or a third party occurring to the Client’s pages once installed. Such alterations include, but are not limited to additions, modifications or deletions. Blue Dolphin Ltd may require a one-off Web Development charge before resolving any issues that may arise.
Third Party Services
Blue Dolphin Ltd may require the usage of third party services – for example, credit card processing – to complete the Client’s project requirements and will ensure these services are integrated into the project and working correctly upon completion. Blue Dolphin Ltd cannot be held responsible for subsequent changes or issues with these third party services that may result in issues on the Client’s website and may require a one-off Web Development charge before resolving any problems that may arise.
Domain Names
Blue Dolphin Ltd may purchase domain names on behalf of the Client. When Blue Dolphin have purchased any Domain on behalf of the customer this will remain the property of Blue Dolphin, should the client express an interest in becoming a the registrant of the domain, Blue Dolphin will invoice the client the cost of the domain once payment has been received along with any other outstanding invoices related to the domain or website build activities, Blue Dolphin will invoice the client for the domain renewal cost and repeat the billing process on the renewal date.
For .com, .org and .net domains, reminder emails regarding payment and renewal invoice will be sent out to the client at point of domain renewal. Domains ending in .co.uk are automatically renewed ten (10) days before expiration. In this case, the
Client must notify Blue Dolphin Ltd that they do not wish to keep the domain thirty (30) days before the expiration date. The loss, cancellation or otherwise of the domain brought about by none or late payment is not the responsibility of Blue Dolphin 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 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.
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