Terms and Conditions
Website
If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern BlueFlameDesign’s relationship with you in relation to this website. The term “BlueFlameDesign” or “Us” or “We” refers to the owner of the website whose registered office is 22 Manor Close, Storrington, Pulborough, West Sussex RH20 4LF. The term “You” refers to the user or viewer of our website. The use of this website is subject to the following terms of use:
- The content of the pages of this website is for your general information and use only. It is subject to change without notice.
- Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
- Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
- This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
- All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
- Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
- From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
- You may not create a link to this website from another website or document without BlueFlameDesign’s prior written consent.
- Your use of this website and any dispute arising out of such use of the website is subject to the laws of England and Wales.
Service
The following Terms and Conditions of Service apply to all products and services provided by BlueFlameDesign.
All work is carried out by BlueFlameDesign on the understanding that the client has agreed to BlueFlameDesign’s terms and conditions.
Copyright is retained by BlueFlameDesign on all design work including words, pictures, ideas, visuals and illustrations unless specifically released in writing and after all costs have been settled.
If a choice of design is presented, only one solution is deemed to be given by BlueFlameDesign as fulfilling the contract. All other designs remain the property of BlueFlameDesign unless agreed in writing that this arrangement has been changed.
Project Acceptance
At the time of proposal, BlueFlameDesign will provide the customer with a written estimate or quotation. The full Terms and Conditions can be read on BlueFlameDesign’s website.
A copy of the written estimate or quotation is to be signed and dated by the customer to indicate acceptance and should be returned to BlueFlameDesign. Alternatively, the client may send an official order by way of email in reply to the estimate or quotation which binds the client to accept BlueFlameDesign’s terms and conditions. No work on a project will commence until either document has been received by BlueFlameDesign.
Design Charges
Charges for design services to be provided by BlueFlameDesign will be set out in the written estimate or quotation that is provided to the customer. At the time of the customer’s signed acceptance of this estimate or quotation, indicating acceptance of the Terms & Conditions, a non-refundable deposit of 50% of the quoted fee will become immediately due. Work on the project will not commence until BlueFlameDesign has received this amount.
Charges for Other Services
Charges for any additional services over and above the estimated design, will become fully payable (100% of the quoted amount) at the time of estimate or quotation acceptance.
Payment
The customer will be provided with an Approval Form and Invoice prior to final publication. At this time the remainder of the amount due will become payable and the customer will also be required to sign and return the Approval Form to BlueFlameDesign. Alternatively, the client may send an official approval by way of email in reply to the payment request. Accounts which remain outstanding for 15 days after the date of invoice, will incur extra charges. We understand and will exercise our statutory right to interest under the Late Payment of Commercial Debts (Interest) Act 1998 if we are not paid according to our credit terms. If we have to employ an agent to obtain payment of any outstanding invoice then we reserve the right to pass on any charges thus incurred to the client.
Payments may be made by cash, cheque, or (for overseas customers), Pound Sterling International Money Order or previously agreed electronic funds transfer.
Publication and/or release of work done by BlueFlameDesign on behalf of the client, may not take place before cleared funds have been received unless previously agreed.
Returned cheques will incur an additional fee of £50 per returned cheque. BlueFlameDesign reserves the right to consider an account to be in default in the event of a returned cheque.
Default
An account shall be considered default if it remains unpaid for 15 days from the date of invoice, or following a returned cheque. BlueFlameDesign shall be entitled to remove BlueFlameDesign’ and/or the customer’s material from any and all computer systems until the amount due has been fully paid. This includes any and all unpaid monies due for services, including, but not limited to, hosting, domain registration, search engine submission, design and maintenance, sub-contractors, printers, photographers and libraries.
Removal of such materials does not relieve the customer of its
Copyrights and Trademarks
By supplying text, images and other data to BlueFlameDesign for inclusion in the customer’s website or other medium, the customer declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the customer, or rightful copyright or trademark owner.
Any artwork, images, or text supplied and/or designed by BlueFlameDesign on behalf of the customer, will remain the property of BlueFlameDesign and/or it’s suppliers.
The customer may request in writing from BlueFlameDesign, the necessary permission to use materials (for which BlueFlameDesign holds the copyright) in forms other than for which it was originally supplied, and BlueFlameDesign may, at its discretion, grant this. Such permission must be obtained in writing before it will allow any of the aforesaid artwork, images, text, or other data to be used.
By supplying images, text, or any other data to BlueFlameDesign, the customer grants BlueFlameDesign permission to use this material freely in the pursuit of the design.
Should BlueFlameDesign, or the customer supply an image, text, audio clip or any other file for use in a website, multimedia presentation, print item, exhibition, advertisement or any other medium believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, the customer will agree to allow BlueFlameDesign to remove and/or replace the file on the site.
The customer agrees to fully indemnify and hold BlueFlameDesign free from harm in any and all claims resulting from the customer in not having obtained all the required copyright, and/or any other necessary permissions.
Alterations
The customer agrees that changes required over and above the estimated work or required to be carried out after acceptance of the draft design will be liable to a separate charge.
The customer also agrees that BlueFlameDesign holds no responsibility for any amendments made by any third party, before or after a design is published.
Licensing
Any design, copywriting, drawing, idea or code created for the customer by BlueFlameDesign, or any of it’s contractors, is licensed for use by the client on a one-time only basis and may not be modified, re-used, or re-distributed in any way or form without the express written consent of BlueFlameDesign and any of its relevant sub-contractors.
All design work, where there is a risk that another party make a claim, should be registered by the client with the appropriate authorities prior to publishing or first use or searches and legal advice sought as to its use. BlueFlameDesign will not be held responsible for any and all damages resulting from such claims. BlueFlameDesign is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold BlueFlameDesign responsible for any such loss or damage. Any claim against BlueFlameDesign shall be limited to the relevant fee(s) paid by the customer.
Data Formats
The client agrees to BlueFlameDesign’s definition of acceptable means of supplying data to the company.
Text is to be supplied to BlueFlameDesign in electronic format as standard text (.txt), MS Word (.doc) on USB Stick, or via email.
Images which are supplied in an electronic format, are to be provided in a format as prescribed by BlueFlameDesign via USB Stick, CD-ROM, or email. Images must be of a quality suitable for use without any subsequent image processing, and BlueFlameDesign will not be held responsible for any image quality which the client later deems to be unacceptable. BlueFlameDesign cannot be held responsible for the quality of any images which the client wishes to be scanned from printed materials.
Additional expenses may be incurred for any necessary action, including, but not limited to, photography and art direction, photography searches, media conversion, digital image processing, or data entry services.
Design Project Duration
Any indication given by BlueFlameDesign of a design project’s duration is to be considered by the customer to be an estimation. BlueFlameDesign cannot be held responsible for any project over-runs, whatever the cause. Estimated project duration should be deemed to be from the date that cleared funds are received by BlueFlameDesign for the initial payment or by date confirmed in writing by BlueFlameDesign.
Rights of Access for Website Construction
The client agrees to allow BlueFlameDesign all necessary access to computer systems and other locations, as required, in order to complete a website project and until all due funds are cleared, including the necessary read/write permissions, usernames and passwords. The customer also agrees to allow BlueFlameDesign access to any computer systems, usernames and passwords required to remove data and/or sites for failure to comply with these Terms and Conditions.
The customer agrees to supply BlueFlameDesign with all necessary materials, electronic, or otherwise, required to create and complete the project and to supply them in a timely manner.
Design Project Completion
BlueFlameDesign considers the design project complete upon receipt of the customer’s signed Approval form or email. Other services such as printing, display panel production, film work, website uploading, publishing etc. either contracted on the client’s behalf constitute a separate project and can be treated as a separate charge.
Website design only
Once web design is complete, BlueFlameDesign will provide the customer with the opportunity to review the resulting work. BlueFlameDesign will make one set of minor changes at no extra cost within 7 days of the start of the review period. Minor changes include small textual changes and small adjustments to the
BlueFlameDesign will consider that the client has accepted the original draft, if no notification of changes is received in writing from the customer, within 7 days of the start of the review period.
Hosting websites
BlueFlameDesign does not offer in-house hosting services. BlueFlameDesign can only suggest possible sub-contractors and does not guarantee continuous service and will accept no liability for loss of service, whatever the cause. BlueFlameDesign may request that clients change the type of hosting account used if that account is deemed by BlueFlameDesign to be unacceptable because of poor service, lack of bandwidth or in any other way insufficient to support the website. Fees due to the hosting organisation are the responsibility of the client and BlueFlameDesign are not liable for their payment.
Domain Registration
BlueFlameDesign cannot guarantee the availability of any domain name. Where BlueFlameDesign is to register a domain name on behalf of a client it will endeavour to do so but the client should not assume a successful registration.
Search Engine Submission
Due to the infinite number of considerations that search engines use when determining a site’s ranking, BlueFlameDesign cannot guarantee any particular placement. Acceptance by any search engine cannot be guaranteed and when a site is accepted, the time it takes to appear in search results varies from one search engine to another. Rankings will also vary as new sites are added.
Design Credits
The customer agrees to allow BlueFlameDesign to place a small credit on printed material exhibition displays, advertisements and/or a link to BlueFlameDesign’s own website on the customer’s website. This will usually be in the form of a small logo or line of text placed towards the bottom of the page.
The customer also agrees to allow BlueFlameDesign to place websites and other designs, along with a link to the client’s site on BlueFlameDesign’s own website for demonstration purposes and to use any designs in its own publicity and/or portfolio.
Rights of Refusal
BlueFlameDesign will not include in its designs, any text, images or other data which it deems to be immoral, offensive, obscene or illegal. All advertising material must conform to all standards laid down by all relevant advertising standards authorities. BlueFlameDesign also reserves the right to refuse to include submitted material without giving a reason.
Any images and/or data that BlueFlameDesign does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the customer is obliged to allow BlueFlameDesign to remove the contravention without hindrance, or penalty. BlueFlameDesign is to be held in no way responsible for any such data being included.
Cancellation
Cancellation of orders may be made initially by telephone contact, or email, however, following this, BlueFlameDesign will need formal notification in writing to the company’s postal address. The client will then be invoiced for all work completed over and above the non-refundable deposit that will have been made at the time of first ordering. The balance of monies due must be paid within 15 days. Please note: any cancellation which is not formally confirmed in writing and received by BlueFlameDesign within 7 days of such instruction being issued, will be liable for the full quoted cost of the project.
Disclaimer
BlueFlameDesign makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. BlueFlameDesign will not be held responsible for any and all damages resulting from products and/or services it supplies. BlueFlameDesign is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While we take reasonable steps to investigate the materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure. The customer agrees not to hold BlueFlameDesign responsible for any such loss or damage. Any claim against BlueFlameDesign shall be limited to the relevant fee(s) paid by the customer.
BlueFlameDesign reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their Terms and Conditions. BlueFlameDesign will not knowingly perform any actions to contravene these and the client also agrees to be so bound.
BlueFlameDesign and its clients agree to comply with Printers Terms and Conditions which include disclaimers for non-completion on time and the flexibility to supply quantities within 10% of the total ordered.
BlueFlameDesign recommends that if an exact quantity is required, then 10% extra is added to the quantity and extra time made available should the job be delayed.
General
These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. BlueFlameDesign reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.
Acceptance of Quotation and Terms and Conditions
The placement of an order for design and/or any other services offered by BlueFlameDesign and validated by the customer’s signature on the estimate or quotation form, constitutes acceptance of the estimate or quotation and agreement to comply fully with all the Terms and Conditions and forms a Contract for Business between the signatory and BlueFlameDesign.