Definitions:

The Client : The company or individual requesting the services of Bing Productions.

Bing Productions: Primary designer/site owner & employees or affiliates.

General

Bing Productions will carry out work only where an agreement is provided either by email, telephone, mail or fax. An ‘order’ is deemed to be a written or verbal contract between Bing Productions and the client, this includes telephone and email agreements.

Website Design

Whilst every endeavor will be made to ensure that the website and any scripts or programs are free of errors, Bing Productions cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.

The website, graphics and any programming code remain the property of Bing Productions until all outstanding accounts are paid in full.

Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by Bing Productions remain the copyright of Bing Productions and may only be commercially reproduced or resold with the permission of Bing Productions.

Bing Productions 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.

Any additions to briefs provided will be carried out at the discretion of Bing Productions and where no charge is made by Bing Productions for such additions, Bing Productions accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions.

The client agrees to make available as soon as is reasonably possible to Bing Productions all materials required to complete the site to the agreed standard and within the set deadline.

Bing Productions will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.

Bing Productions will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner. eg. Any disputes re content/images that have been provided to us for inclusion on the site.

Bing Productions will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents.

Bing Productions will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents.

A non-refundable deposit of 50% is required with all of our projects before any design work will be carried out. Unless otherwise agreed.

Once a website has been designed and completed the final balance of payment is then due in accordance with our payment terms. There are no exceptions to this, i.e If the client decides they no longer want the site, as they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been done. Non payment will result in legal action being taken if necessary. Once full payment is received for a website, it is assumed that the project has been completed to the clients satisfaction and no refunds can be offered.

Database, Application and E-Commerce Development

Bing Productions cannot take responsibility for any losses incurred by the use of any software created for the client. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.

Any scripts, applications or software (unless specifically agreed) written by Bing Productions remain the copyright of Bing Productions and may only be commercially reproduced or resold with the permission of Bing Productions.

Where applications or sites are developed on servers not recommended by Bing Productions, the client is expected to provide or seek any information,additional software,support or co-operation pertaining to the server required in order for the application to be correctly developed. Where large applications are to be developed, it is the clients responsibility to provide a suitable testing environment which is identical to the final production environment.

The client is expected to test fully any application or programming relating to a site developed by Bing Productions before being made generally available for use. Where “bugs”, errors or other issues are found after the site is live, Bing Productions will endeavor (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief

Compatibility

Bing Productions will endeavor to ensure that any developed/designed site or application will function correctly on the server it is initially installed in and that it will function correctly when viewed with the web browsing software Microsoft Internet Explorer Version 7 and to an acceptable level with Mozilla browsers. Bing Productions can offer no guarantees of correct function with all browser software.

Website Hosting

Whilst Bing Productions recommends its own hosting platform to host websites, no guarantees can be made as to the availability or interruption of this service by Bing Productions 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.

Bing Productions reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial, and also to terminate the hosting service should the necessity arise.

Should the client wish to move their data away from Bing Productions a migration charge is applicable, this will be based on a half a day rate.

Regardless of anything else in these terms and conditions, our liability shall not exceed the proportionate amount of your subscription.

When your account is closed, all files (including web pages, etc.) will be deleted.

We reserve the right to cancel your account at any time without notice.

We reserve the right to change the costs of our services.

We reserve the right to amend and update these Terms and Conditions at any time without notice.

To protect your privacy we never distribute your name or e-mail address to any third parties.

Users must not participate in any form of un-solicited bulk e-mailing or Spam.

By logging into your account, or uploading files to it, you are indicating your acceptance of these Terms and Conditions.

The client must ensure that they have a technical contact who can liaise with Bing Productions when this service is set-up.

It is assumed this contact is competent in making and maintaining an Internet connection, including where applicable Internet/IP/DNS/system administration and has a good working knowledge of SMTP and Internet Mail. Additionally Bing Productions may invoice if we provide excessive or extensive set-up support during this time.

Bing Productions do not provide an onsite service to set up email or Internet access systems.

We are not responsible for any loss of mail resulting from the transfer or registration of any domain.

We cannot be held liable for loss of connectivity resulting from breakdown, misconfiguration, or other failure, on equipment not controlled by the Company or as a result of any event beyond our reasonable control.

If your account/service is activated before payment is made then payment must be sent in full by return. If payment for hosting fees is not made in full within 30 days your account will be deactivated.

All hosting packages are based on a 12 month contract with a 30 day notice period unless otherwise agreed.

Should the client wish to have their site data moved to a third party hosting provider. Bing Productions will be obliged to allocate a half / full day (depending on work involved) billable support session for the migration of the data and interaction with the 3rd party.

Domain Names

We allow domain names to be transferred away from us for a charge of £55+VAT per domain.

In requesting a transfer of a domain, the correct procedures should be followed by the new holding company. If domain names are within two months of the renewal date then they cannot be transferred until we receive payment for that renewal.

A domain name can be moved or not renewed at any time by a client. This should be in writing and should be at least one month before the renewal invoice due date.

Once an invoice has been sent for a domain name renewal this invoice is due and needs to be paid within 14 days.

Support

Support tickets can be raised by sending an email to support@bingproductions.co.uk or by creating a ticket at http://support.bingproductions.co.uk

Billing

Support is billed monthly at the start of each month along with your hosting, and must be paid in advance. If your pay for support in hourly blocks there is a minimum 10 minute support booking time for all tickets. Anything over will be logged accordingly and you will be given a break down of usage on a per monthly basis. Please note. Support blocks must be paid in advance based on a monthly tariff. If support time is not used it will roll over to the next month. The support contract does not cover third party services. These are your own contracts and you should ensure that you have sufficient skills of your own or support agreements in place to cover them.

Hours of support

We will apply our best endeavors to fixing problems as soon as they occur and several of our support staff are alerted via mobile devices in the case of incidents.
 However, we can only agree contractually to respond to support requests during normal office hours of 09:00 to 17:00 local time, Monday to Friday excluding Bank holidays. Support over Bank Holidays and out of office hours will be chargeable at double the agreed rate.

Website Optimization

Due to external factors, such as changes to the way search engines rank websites, we cannot offer any guarantees regarding the position we will achieve for websites. The process of optimizing websites itself will bring in more traffic and hits and you’ll see visits increase to your site naturally. We cannot accept liability for any change in rankings, or drop off in the position of your website due to changes in the algorithms of the search engines or the factors that they use to rank websites.

We use ‘white hat techniques’ when optimizing websites and always aim to achieve a top ten ranking for your website within six months of undertaking the optimization process. Due to the work involved payment is generally required in advance and we are unable to offer a refund of any monies to clients in relation to this type of work.

Bing Productions reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial.

PPC Advertising

Adwords management, Yahoo search management, Microsoft/bing search management and
Facebook Ad management.

We are granted permission to set up accounts for you and provide you with those log-in details to enable you to log-in and download your own Ad and search management invoices from the relevant companies.

We accept no responsibility or liability for any costs, damages, claims, losses and /or expenses arising out of your failure to keep these accounts secure and you hereby agree to indemnify us for any damages, costs, claims or other expenses that arise out of us arranging these accounts for you as part of the Services.

The client acknowledge that click costs may vary, such that the budget set by the client may cover a varying number of clicks to their website each month. Further acknowledge that we cannot and do not guarantee either click costs, any results from pay per click campaigns, or the delivery or display of advertisements on particular websites and that we cannot guarantee that your website will appear in the front page of the search results.

3rd Party & Partnerships

When engaging third parties to work with our clients data, images, designs and all other “assets”, at no time is the data or it’s relevant copyrights, licences or interllectual property rights released unconditonaly to these third parties. Under no circumstance do we permit 3rd parties to copy, duplicate or use this information for any activites outside of the scope of the project we are engaging them for.

From the time Bing Productions submits the first work order to any third party they are bound by these terms and conditions.

Payment of Accounts

A deposit is required from any new client before any work is carried out. It is the Bing Productions policy that any outstanding accounts for work carried out by Bing Productions or its affiliates are required to be paid in full, no later than 30 days from the date of the invoice unless by prior arrangement with Bing Productions.

Once a deposit is paid and work completed you are obliged to pay the balance of payment in full. We will contact clients via email and telephone to remind them of such payments if they are not received when due.

If accounts are not settled or Bing Productions 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 judgements (ccj’s) being added to the clients credit rating.

Following consistent non payment of an invoice our Solicitors will contact the client in question, with a view to taking the matter further and if need be to seek payment through legal procedures, and if necessary court summons.

Paying by credit card – cardholders can expect a response to email and telephone enquiries within a maximum of 48 hours.

Your Privacy

We do not share or sell any of your details with third party companies, without your express permission and we will only email you or contact you about work related matters.

Complaints Procedure

Informal procedure

Anyone who experiences a problem with their web service provided by Bing Productions should raise the matter directly using our online contact form to do so, giving sufficient information to locate the material (such as an url) and clearly outlining the grounds for complaint.

Bing Productions will approach the individual responsible for the material in question with a view to resolving the matter to the satisfaction of the complainant.

Formal complaints procedure

The formal complaints procedure should only be used where the complainant feels that the nature of the complaint is too serious to be dealt with informally, or where a satisfactory conclusion has not been reached after following the informal procedure.

A formal complaint should be made in writing to Bing Productions, who will acknowledge receipt and ensure that the matter is looked into as soon as possible.

An initial response to any complaint can be expected within seven days of its receipt; a full and considered response to the complaint should be completed within 30 days and any subsequent remedy implemented with the minimum of delay.

We reserve the right to amend and update these Terms and Conditions at any time without notice.