Terms and Conditions

General.

BWD Group will only carry out work where an agreement is provided either by email or in writing and any outstanding payments have been cleared.

BWD Group will only carry out work only for clients who are over 18 years of age or above. An ‘order’ is deemed to be a written or email contract between BWD Group and the client.

Liability.

Every endeavour will be made to ensure that your website is running on the latest CMS version and is free of any script or server errors , BWD Group cannot accept responsibility or liability for any losses or damages incurred by un-authorised access gained by software vulnerabilities, server exploits or weak passwords.

The company will advise and try to resolve any issues within an agreed timeline with the client.

BWD Group will provide limited access to the hosting account ” cPanel ” or “ FTP “ with the restricted use of authorised employees only.

Unauthorised changes will result in possible termination of the hosting account. The company will not be liable for costs incurred, compensation or loss of earnings due to the failure to comply with these rules.

BWD Group will not be liable for any copyright infringements for images or photography that has been issued and provided for use with the development. This includes replicated page content and downloadable files (PDF.).

BWD Group will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the website being offline or defaced.

Payments.

BWD Group will require a non-refundable deposit of £250.00 for all new developments over a £1000.00.

We reserve the right to cancel your development if no content has been received after 3 months of the clearing date of your deposit which is non-refundable.

Overdue invoices may incur a 2.5% administration charge for invoices that exceed 30 days of the invoice issue date. Failure of payment after 30 days may result in temporary suspension of your hosting and domain renewal services and a local county court judgement may be enforced against you.

Once the development has been completed the final balance is then due in accordance with our payment terms which are 14 days from the invoice date. On accepting and approving the final development there is no exception for non payment.

BWD Group may use legal action against the client that refuse to complete payment.

If accounts are not settled or BWD Group have not been contacted regarding the delay, access to the related website may be denied and web pages removed, we will then pass such cases to the Small Claims Court to pursue payment, non payment can result in county court judgement (CCJ).

Clients who wish to use PayPal will incur a 2% transaction fee.

Cheque payments unless agreed in writing will not be accepted as from January 2018.

Support Agreement.

For clients who host with us are eligible for 7 days technical support by telephone or email and will we acknowledge your issue within 48 hours. If we cannot resolve a support ticket will be raised with our hosting supplier to investigate the issue.

Unless agreed in writing we cannot offer support if your website has been modified by another developer or agency. This includes installing un-authorised plugins and changes to any files without our consent. If your website has automatically updated and this is the cause of the issue will investigate and resolve at no additional cost.

Additional changes, add-ons or features will be charged at our currently hourly rate which will be agreed in writing.

If you wish to cancel your support agreement with us this can be done in writing, please send us confirmation to [email protected].

In any event that your website if offline we will investigate your issue within 24 hours or being reported and will aim to resolve your service within 48 hours.

BWD Group can terminate your support agreement if our terms and conditions have been violated or if payments are outstanding.

If your website has been defaced or is infected with malware we will temporarily disable your services and clean the infected files and restore your services as quickly as possible.

Copyright.

The development HTML , CSS and Scripts remain the property of BWD Group until all outstanding accounts are paid in full.

Custom scripts, photography, images will remain the property of the BWD Group and cannot be re-published or modified for alternative use unless agreed in writing or email.

BWD Group cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material. Copyrighted material will be removed by the request of the original author who can display evidence the material is copyrighted.

Compatibility.

BWD Group will endeavour to ensure that any developed/designed web site or application will function and display correctly in Internet Explorer (11) , Chrome, Firefox and Safari.

All developments from January 2018 will be responsive to tablet and mobile devices (smart phones).

BWD Group will no longer offer support for older versions of Windows Internet Explorer unless agreed in writing.

Migration.

If you are migrating an existing website over to us we will ensure that a full back-up is made of all files and databases before the migration date. Please note that we do NOT modify any files or databases on your current hosting server.  To ensure your website is compatible we may require to make some changes to your existing configuration, this will not effect the design or content of your website.

We cannot migrate websites that require PHP 5.6 to function unless agreed in writing, this is due to security issues and future compatibility with server and plugin updates.

Websites that require licence keys for plugins may have to be provided or purchased again if they cannot be provided and are required for the website to function.

Access to your DNS will be required within 24 hours of the migration date if you require us to action this on your behalf. Please note that DNS changes to your domain can take up to 48 hours to propagate completely so a little downtime can be excepted.

We will ensure that your URL’s are redirected with your permalink structures have changed using a 301 redirect and that your website is verified in Google Webmaster Tools.

If we cannot migrate your website due to technical issues or concerns regarding the functionality or security we will offer a complete refund. If this scenario occurs the DNS settings will be reversed to the same location.

Security / Backup

To ensure your website is secure we have enabled automatic updates on most of our clients websites, this includes plugins and minor and core version releases. We use a 2-Step verification method for accessing server credentials and have a strong password policy on all accounts.

We do not store credit card details on our any of our databases or eCommerce platforms used by our clients.

To ensure additional peace of mind we have 24/7 server monitoring in place on all of our clients domains provided by UpTimeRobot this service is included in all hosting packages.

To prevent spam and additional unwanted visitors from your website we include a verification service provided by CleanTalk this is also included in all hosting packages.

A full-backup of your files and databases are automatically scheduled every 24 hours.

Hosting.

BWD Group 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.

In any event of a service outage BWD Group will aim to restore all web services within 7 days of the reported issue.

This may require a server migration and DNS propagation which may take an additional 48 hours. If the service cannot be restored within 14 days BWD Group will issue a partial refund of the annual hosting fee for the number of days remaining on the hosting contract.

Clients requesting to migrate their website to a different hosting server can request FTP details from us to obtain the current site contents, this service is not included in our support agreement.

BWD Group will not offer a partial refund for any service remaining on the current hosting contract unless agreed in writing, clients looking to use our hosting services again will be required to pay the full annual rate.

BWD Group will aim to keep hosting / domain costs fixed but we do have the option to increase these if we feel that the market sector and industry costs are increasing.

Server Bandwidth and Diskspace is subjected to a fair use policy that we BWD Group feel that is suitable for your requirements. BWD Group have the right to suspend or terminate your services if this usage is excessive.

Clients who wish to use their own hosting providers will not be covered for technical support or assistance unless agreed in writing.

Our primary hosting provided (JustHostMe) is Registered at office: 11 Oatlands, Swindon, Wiltshire, SN5 6AU, United Kingdom.

Contact Us

For all website related enquiries, issues you can email us at [email protected] or call 01204 235928 today.