DESIGN WORK TERMS AND CONDITIONS
These terms and conditions apply to all contracts between “BenSky” and every customer “The Client” for design work of every nature provided by BenSky.
1.Definitions
1.1 – “Services” means the design service provided by BenSky to the client.
1.2 - “Work” means the product of the service provided by BenSky to the client
which encompasses; web design, logo design, all design for print and any other
design related product provided.
1.3 - “Client” means any customer be they a person, or a business placing an
order with BenSky.
1.4 - “Contract” means the document provided by BenSky to the client detailing the
particulars of the order along with the terms and conditions, either by or through a
combination of hard copy, faxed copy, or email.
1.5 – “Project” means the process of executing the work proposals detailed in the contract.
2.Application of the Terms and Conditions
The terms and conditions set out herein shall apply to all contracts for the sale of design services by BenSky to the client. No other terms and conditions shall be binding upon the parties; this contract embodies the entire understanding between the parties. There are no promises, terms, conditions, obligations, oral or written, expressed or implied, other than those contained herein, or confirmed in writing by BenSky and attached hereto.
2.1 - These terms and conditions shall apply to all contracts for the sale of services by
BenSky to the client with the exclusion of any other terms and conditions except those in accordance
with figure 2.4.
2.2 - By signing the contract, the client and BenSky shall both be bound by these terms and
conditions.
2.3 - BenSky reserves the right to alter, add and subtract from these terms and conditions
at any time. The most up to date terms and conditions are available to view online at www.bensky.co.uk
these online terms and conditions replace any previously agreed and it is the responsibility of the
client to make themselves aware of the latest terms and conditions.
2.4 - Any variation to these terms and conditions (including any special terms and conditions
agreed between the parties) shall be inapplicable unless confirmed in writing by BenSky.
2.5 - All orders for services shall be deemed to be an offer by the client to purchase services
in accordance to these terms and conditions.
2.6 - Signing of this contract shall be deemed conclusive evidence of the client's
acceptance of these terms and conditions.
3.Contract
3.1 - Quotes given expire 15 days after the issue date on the contract.
3.2 - If in any case the client wishes to terminate the contract before its completion
the client must pay a “Kill Fee” of: £150 To cover wasted time.
3.3 - The Kill Fee (3.2) is taken in addition to any payment received before the date of
termination, this includes; 25%, 50% and upfront payments.
3.4 - The project must be completed within 10 weeks of the signature date on this contract;
it cannot be postponed or delayed unless otherwise agreed by BenSky in writing and attached hereto.
3.5 - If the project runs over 10 weeks due to client fault, a charge of 15% of the original
price quoted on the contract will be applied to the final invoice to cover schedule inconvenience.
The contract will also be re-assessed and the client will be quoted appropriately. Figures 3.2 and 3.3
still apply. Any payment made before the re-assessment will be deducted from the final invoice.
3.6 - Print quotes are independent of design quotes, a design contract does not bind the
client to print.
3.7 - If any significant changes need to be made to the contract after signing BenSky is
entitled to make any changes deemed fit to the quoted price. If an agreement cannot be arranged
figures 3.2 and 3.3 still apply.
4.Payment
4.1 - The client is legally required to pay the full amount determined above within 30
days from the date specified in the invoice provided on completion of the work.
4.2 - If any payment is not made on or before 30 days after the invoice date, BenSky
is entitled to charge interest thereafter per day on the value owed at the rate of 4% P.A.
above the current base rate of Alliance & Leicester plc.
4.3 - The client is not permitted to make any deductions from the final amount for any
reason, any deductions will be at the discretion of BenSky.
4.4 - If the client is not purchasing Hosting and Domain Services with BenSky, the client
must purchase both domain name and hosting before any web based work is carried out. In this
case the client is the owner and is responsible for their domain and hosting.
4.5 - In the case of print based work, if the client wishes to carry out the printing
through BenSky, payment for both design and printing must be received in full before the
printing commences.
4.6 - The client must pay 25% of the final amount agreed in the product details section
halfway through the project in exchange for all work done to this date, the client understands
that this is non refundable in accordance with figure 3.3.
5.Copyright
5.1 - The client is liable for any copyright breaches on any content provided by the
client to BenSky.
5.2 - All content that is the creation of BenSky is the property of BenSky, subsequently
BenSky retains the right to publish such work as his own.
5.3 - Any design work that is subsequently used after termination of the contract is a
breach of copyright, for which the client can be held liable.
5.4 - The client is not permitted to resell or make profit from selling work created by
BenSky. (If the client wishes to resell work, please ask for a “Resellers Contract” please note,
this will affect the quote.)
5.5 - BenSky retains no rights to any concepts or content provided by the client,
subsequently BenSky does not retain the right to re-create, resell or distribute any business
concepts, text content or images provided by the client.
6.Deadlines & Delay
6.1 - BenSky cannot be held responsible for delayed delivery on any work that is due
to client fault, for instance: Delay in signing off proofs, delay in providing any content
that has been specified as a requirement or any change in the content that has already been
provided. BenSky also cannot be held responsible for any delays that are not solely the fault
of BenSky, this includes printing delays.
6.2 - After signing this contract if the client needs to shorten or specify a deadline
it is not guaranteed that BenSky will be able to meet the requirements.
6.3 - If the client wishes to shorten or specify a deadline BenSky is entitled to make
any amendments deemed necessary to the quote provided.
6.4 - In the unlikely case that BenSky fails to meet the agreed deadline the client has
the option to cancel the contract with no extra fee. However figure 4.6 still applies, if the
client still wishes to use the work, the contract must stand and the client must pay the full
amount quoted on completion of the work, in accordance to figure 4.3.
6.5 - Deadlines agreed between BenSky and the client are NOT inclusive of time taken
for printing, the deadline agreed in this contract is for design only. The client must bear
this in mind when setting the deadline.
7.Indemnity
7.1 - The client shall indemnify BenSky, keep BenSky indemnified and holds BenSky
harmless from and against any breach by the client of these terms of business.
7.2 - Any claim brought against the client by a third party resulting from the provision
of work by BenSky to the client and the client's use of the work, without limitation, all
claims, actions, proceedings, losses, liabilities, damages, costs, expenses, howsoever suffered
or incurred by the client, BenSky shall not be held liable for.
8.Liability
8.1 - BenSky shall not be held liable for failing to perform to the contract for any
reason that is not solely the fault of BenSky.
8.2 - In any event no claim shall be brought unless the client has notified BenSky
of the claim within one year of it arising.
8.3 - BenSky shall not be held liable in any case for any damages, loss of anticipated
profits, loss of revenue, contracts or any other inconsequential damages that arise from any
cause associated with BenSky or the property of BenSky, this includes design work (5.2).
8.4 - All property supplied to BenSky by the client or on behalf of the client shall
remain at the client's risk, unless otherwise agreed in writing, this includes; print delivery,
data and equipment. The client should insure accordingly.
8.5 - BenSky shall not be held liable for any leak of information or confidential material
provided by the client, this includes, a leak or malpractice of any kind by a third party that
BenSky has outsourced work to, domain loss due to hacking or as a result of hacking by a third
party, password leaking due to theft or any circumstance that is not solely the fault of BenSky.
9.Delivery
9.1 - BenSky cannot be held responsible for any loss or damage during transit of client
property (8.4) or print deliverables. It is up to the client to insure accordingly.
9.2 - Web site delivery will take the form of the website going live and will be executed
upon receipt of payment in full. (A CD containing files for backup is available on request.)
10.Applicable Law
10.1 - This agreement shall be governed by and construed in accordance with English law and the client hereby submits to the non-exclusive jurisdiction of the English courts.
11.Headings
11.1 - Headings are included in this agreement for convenience only and shall not affect the construction or interpretation of this agreement.
12.General
12.1 - Nothing in this agreement shall confer, nor do the parties intend it to confer,
any enforceable right on any third party and the Contracts (Rights of Third Parties) Act 1999
shall not apply.
12.2 - This Contract shall be governed by the Laws of England and the parties submit to
the exclusive jurisdiction of the English Courts in relation to any dispute hereunder.
13.Notices
13.1 - Any notice to be given by either party to the other may be sent by email, fax or
recorded delivery to the address of the other party as appearing in this agreement or such other
address as the party may from time to time have communicated to the other in writing.
(a) - If such notice is sent by email, it shall be deemed received on the day it was sent
unless the contrary is proved.
(b) - If such notice is sent by fax, it shall be deemed received on receipt of an error
free transmission report.
(c) - If such notice is sent by recorded delivery, it shall be deemed received two days
following the date of posting.
(d) - If such notice is sent by first class delivery, it shall be deemed received four
days following the date of posting.
13.2 - By interpretation this contract is deemed confirmed at BenSky's place of business.
HOSTING, EMAIL AND DOMAIN NAME TERMS AND CONDITIONS
These terms and conditions apply to all contracts between “BenSky” and every customer “The Client” for Hosting, Email and Domain Name Registration.
1.Definitions
1.1 - “Services” means the service provided by BenSky to the client which encompasses
Domain Name Registration, Website hosting services, email services and any other internet
hosting service provided.
1.2 - “Client” means any customer be they a person, or a business placing an order
with BenSky.
1.3 - “Contract” means the document provided by BenSky to the client detailing the
particulars of the order along with the terms and conditions, either by or through a combination
of hard copy, faxed copy, or email.
1.4 - “Server” means the computer server equipment operated by our Server providers in
connection with the provision of the Hosting services.
1.5 - “Webspace” means the area on the Server allocated by BenSky to the client for use
by the client to host their website on the Internet.
2.Application of the Terms and Conditions
The terms and conditions set out herein shall apply to all contracts for the sale of hosting and domain services by BenSky to the client. No other terms and conditions shall be binding upon the parties; this contract embodies the entire understanding between the parties. There are no promises, terms, conditions, obligations, oral or written, expressed or implied, other than those contained herein, or confirmed in writing by BenSky and attached hereto.
2.1 - These terms and conditions shall apply to all contracts for the sale of hosting
services by BenSky to the client with the exclusion of any other terms and conditions except
those in accordance with figure 2.4.
2.2 - By signing the contract, the client and BenSky shall both be bound by these
terms and conditions.
2.3 - BenSky reserves the right to alter, add and subtract from these terms and conditions
at any time. The most up to date terms and conditions are available to view online at www.bensky.co.uk
these online terms and conditions replace any previously agreed and it is the responsibility of the
client to make themselves aware of the latest terms and conditions.
2.4 - Any variation to these terms and conditions (including any special terms and conditions
agreed between the parties) shall be inapplicable unless confirmed in writing by BenSky.
2.5 - All orders for hosting services shall be deemed to be an offer by the client to purchase
services in accordance to these terms and conditions.
2.6 - Signing of this contract shall be deemed conclusive evidence of the client's acceptance
of these terms and conditions.
3.Contract
3.1 - The contract begins upon receipt of payment from the client. This may include the
time required for a cheque to clear at a bank.
3.2 - The contract immediately ends upon the client cancelling the service, failing to
clear the account balance upon renewal date or by means of figure 6.5.
3.4 - Once the contract has ended, all liabilities for alterations, changes, or errors
become the responsibility of the client.
4.Hosting and Domain Services
4.1 - The quantity and the description of the services shall be as set out in the contract
and to the best knowledge of BenSky is accurate, however BenSky cannot guarantee the accuracy of
this description or quantity.
4.2 - BenSky makes no representation and gives no warranty as to the accuracy or quality
of information received by any person via the server and therefore BenSky shall have no liability
for any loss or damage to the client caused by the server or any data stored on the server.
4.3 - The client shall effect and maintain adequate insurance cover in respect of any loss
or damage to data stored on the server.
4.4 - It is the responsibility of the client to take regular backups of their website and
databases, hence BenSky shall not be responsible for any loss of data in any case.
4.5 - The client undertakes and warrants to BenSky that they will use the webspace allocated
to them only for lawful purposes.
4.5.1 - The client will not use the webspace or server in any manner which infringes any law
or regulation or which infringes the rights of any third party, nor will the client authorise or
permit any other person to do so.
4.5.2 - The client will not use the webspace or server to post, link to or transmit:
(a) - Any material which is unlawful, threatening, abusive, malicious, defamatory, obscene,
blasphemous, profane or otherwise objectionable in any way.
(b) - Any material containing a virus or other hostile computer program.
(c) - Any material which constitutes, or encourages the commission of a criminal offence or
which infringes any patent, trade mark, design right, copyright and any other intellectual property
right or similar rights of any person which may subsist under the laws of any jurisdiction.
4.6 - The client will not send bulk email whether opt-in or otherwise from our network. Nor
will the client promote a site hosted on our network using bulk email.
4.7 - The client will not employ programs which consume excessive system resources, including
but not limited to processor cycles and memory.
4.8 - BenSky reserves the right to remove any material which is deemed inappropriate by BenSky
from the client's webspace without notice. BenSky does not host Warez or illegal MP3 content.
4.9 - BenSky shall keep secure any identification, password and other confidential information
relating to the client's account and shall notify the client immediately on discovery of any known or
suspected unauthorised use of the account or breach of security, including loss, theft or unauthorised
disclosure of passwords or other security information.
4.10 - The client shall observe the procedures which BenSky may from time to time prescribe and shall
make no use of the server which is detrimental to our other customers.
4.11 - The client shall ensure that all mail is sent in accordance with applicable legislation
(including data protection legislation) and in a secure manner.
4.12 - Any domain names purchased by BenSky on behalf of the client are owned and registered
to BenSky, the domain is then rented by the client from BenSky.
4.13 - Webspace allocated to the client by BenSky remains property of the service providers,
the fees paid by the client are for rental of the webspace for a specific time.
4.14 - By signing this contract, in the case of an individual client, the client warrants that
he/she is at least 16 years of age. If the client is a company, the client warrants that the webspace,
server or any other service provided by BenSky will not be used by anyone under the age of 16 years.
4.15 - While BenSky will use every reasonable endeavour to ensure the integrity and security of
the server and the client's webspace, BenSky does not guarantee that the server or webspace will be free
from unauthorised users or hackers, hence BenSky shall be under no liability for any damage or failure
caused by any third party who has gained access to the server or the client's webspace as a result of
hacking or a security leak.
5.Service Availability
5.1 - BenSky shall use every reasonable endeavour to ensure availability of the server and
services to the client at all times, but BenSky shall not in any event be liable for interruptions
of service or down-time of the server.
5.2 - BenSky shall have the right to suspend any of the services provided at any time and
for any reason, without notice. However if such suspension lasts or is to last for more than 7 days
the client will be notified of the reason.
5.3 - Any services provided by BenSky to the client including the client's account with
BenSky cannot be transferred or used by anyone other than the client.
6.Payment
6.1 - All charges payable by the client for the services shall be in accordance with the scale
of charges and rates published at the time.
6.2 - The client acknowledges that BenSky retains the right to change the price of the service
for the next annual renewal of the service in any way.
6.3 - All payments for these services must be made in advance before any services, including
Domain Name Registration commences.
6.4 - All payments for these services are not refundable under any circumstances.
6.5 - Payment is due on the anniversary day following the date that the services were established
until closure notice is given. If the client chooses to pay by credit or debit card, the client hereby
authorises BenSky to debit the clients account renewal fees from this debit/credit card.
6.6 - All payments must be in UK Pounds Sterling.
6.7 - If any sum payable is not paid on or before the due date, BenSky shall be entitled forthwith
to suspend the provision of services and/or terminate this agreement forthwith without notice to the client.
6.8 - If an account goes unpaid for at least ten days, the account and its associated services
will be suspended. A £20.00 charge will be applied upon account reactivation to cover administration costs.
6.9 - Once an account has been suspended, access to files, databases and other content is explicitly
denied. All files, databases and other content including the account itself will be permanently deleted
after twenty days of account suspension.
6.10 - Should access to files, databases and other content be required before they are permanently
removed from the server, they can be delivered on a CD at a charge of £15.
7.Termination
7.1 - No refunds will be made for suspended services or on termination of an account in any case
in accordance with figure 6.4.
7.2 - If the client breaks any of these terms and conditions BenSky may suspend the services
and/or terminate this agreement forthwith without notice to the client.
7.3 - If the client is a company and goes into insolvent liquidation, suffer the appointment of
an administrator or administrative receiver or enter into a voluntary arrangement with creditors, BenSky
shall be entitled to suspend the services and/or terminate this agreement forthwith without notice to
the client.
7.4 - BenSky reserves the right to suspend services and/or terminate this agreement for any
reason at any time.
7.5 - The client also reserves the right to cancel the services at any time. Figure 6.4
still applies.
7.6 - On termination of this agreement or suspension of the services BenSky shall be entitled
immediately to block the client's webspace and to remove all data located on it.
7.7 - Upon termination of an account, the client's use of the domain will be ceased, the
domain will return to the control of BenSky, in accordance to figure 4.12.
8.Indemnity
8.1 - The client shall indemnify BenSky, keep BenSky indemnified and holds BenSky harmless
from and against any breach by the client of these terms of business.
8.2 - Any claim brought against the client by a third party resulting from the provision of
services by BenSky to the client and the client's use of the services and the server including,
without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses,
howsoever suffered or incurred by the client, BenSky shall not be held liable for.
9.Liability
9.1 - BenSky shall not be held liable for failing to perform to the contract for any reason
that is not solely the fault of BenSky.
9.2 - In any event no claim shall be brought unless the client has notified BenSky of the
claim within one year of it arising.
9.3 - BenSky shall not be held liable in any case for any damages, loss of anticipated
profits, loss of revenue, contracts or any other inconsequential damages that arise from use of
the service or any other action taken by BenSky that adhere to these terms and conditions.
9.4 - All property supplied to BenSky by the client or on behalf of the client shall remain
at the client's risk, unless otherwise agreed in writing, this includes data provided by any format.
The client should insure accordingly.
11.Applicable Law
11.1 - This agreement shall be governed by and construed in accordance with English law and the client hereby submits to the non-exclusive jurisdiction of the English courts.
12.Headings
12.1 - Headings are included in this agreement for convenience only and shall not affect the construction or interpretation of this agreement.
13.General
13.1 - It is always the policy of BenSky to develop and improve its services. BenSky therefore
reserves the right to make any improvements to the designs and specifications of the services.
13.2 - Nothing in this agreement shall confer, nor do the parties intend it to confer, any
enforceable right on any third party and the Contracts (Rights of Third Parties) Act 1999 shall
not apply.
13.3 - This Contract shall be governed by the Laws of England and the parties submit to the
exclusive jurisdiction of the English Courts in relation to any dispute hereunder.
14.Notices
14.1 - Any notice to be given by either party to the other may be sent by email, fax or recorded
delivery to the address of the other party as appearing in this agreement or such other address as the
party may from time to time have communicated to the other in writing.
(a) - If such notice is sent by email, it shall be deemed received on the day it was sent unless
the contrary is proved.
(b) - If such notice is sent by fax, it shall be deemed received on receipt of an error free
transmission report.
(c) - If such notice is sent by recorded delivery, it shall be deemed received two days following
the date of posting.
(d) - If such notice is sent by first class delivery, it shall be deemed received four days
following the date of posting.
14.2 - By interpretation this contract is deemed confirmed at BenSky's place of business.