Terms and Conditions
The following terms and conditions apply to all services provided by Global Bay to the Client. They constitute a valid and binding agreement between Global Bay Creative Ltd and You, the client, for any services provided or work offered.
1. Acceptance
It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. Once a Client accepts a quote, the Client will be deemed to have read and accepted our terms and conditions.
In doing so you, the client, confirm that you have the authority to enter into this contract on behalf of yourself, your company or your organisation. Equally, Global Bay confirm to you we have the experience and ability to do everything agreed in the initial proposal, and will conduct the work in a professional and timely manner.
2. Payment Terms and Refund Policy
We issue invoices electronically upon confirmation of a job by the client. Invoices are typically due on receipt, and we take payment via BACS transfer or electronic payment. We currently process transactions in using Stripe as our payment provider. Please refer to Stripe’s terms and conditions available here for more information.
Unless otherwise stated in the proposal, upon confirmation of a job invoices will be issued along the following schedule:
– 50% non-refundable downpayment upon confirmation of job
– Upon receipt of initial deposit work will commence on the project (but not prior)
– 50% upon completion
– The site will be built in a development environment, and will be launched to the live domain in line with payment of the final balance.
VAT is chargeable on all quoted amounts.
Accounts that remain unpaid thirty (30) days after the date of the invoice will be charged interest and compensation for debt recovery costs under late payment legislation. Interest will be charged at 8% above the Bank of England base rate on overdue balances. Global Bay reserves the right to place the client’s account on hold if an invoice remains unpaid within 45 days of the original invoice date.
In the case of cancellation by the client, all work is non-refundable. In the case of cancellation by Global Bay for any reason, the client will be eligible to a 100% refund on all monies paid.
3. Additional Expenses
All additional expenses, such as stock imagery, artwork licenses, domain fees etc., unless specifically provided for in the quotation, will be billed to the client in the final invoice.
4. Deadlines & Client Responsibility
Timescales for project commencement and a deadline for delivery will be provided to the client within the proposal stage. Global Bay will use all commercially reasonable efforts to deliver the services within the times identified.
In developing a project the client will need to review designs and provide feedback, and agrees to give said feedback within the time identified to either make further changes or approve. The client further accepts responsibility to provide, in a timely manner, all content required for incorporation in to a design, and where necessary the procurement of any third party decisions required for progression.
The client acknowledges that Global Bay’s ability to meet a deadline will often be entirely dependent on prompt replies to review by the Client. Any delay in schedule due to untimely client feedback will not constitute a breach of any term or conditions under this agreement.
Projects will be deemed complete once the client has signed off the work via email. If a client does not provide communication of any sort within 20 days of completion of a project, Global Bay will deem the project complete and will commence invoicing to the client.
5. Access
In order to finalise a project Global Bay may require access to optimise and amend the structure of the client’s website. Where this is applicable, the client will provide appropriate access, which may include an FTP username and password, and access to the client’s content management system or control panel. These details will be held securely in accordance with Clause 14.
6. Design and Formats
Global Bay will deliver services using the appropriate development language for the project, including but not limited to HTML, CSS stylesheets, Javascript, Laravel, Python, WordPress, etc.
Typically designs will be provided to clients in a live development environment, enabling layouts that are flexible and responsive, rather than being static visuals. At times and where necessary we will create standalone visual artwork to demonstrate a creative direction in terms of typography and colours, but static designs of this sort will not be necessary in every project. This process allows the project to progress iteratively based on client feedback, and optimises the time of both parties.
7. Browser Testing
We test our work in current versions of major desktop browsers including those made by Apple (Safari), Google (Chrome), Mozilla Firefox, alongside all major mobile browsing devices, including iPhone (Safari) and Android (Google Chrome). Global Bay will ensure websites display correctly for the majority of visitors, and whilst every professional effort will be made to ensure consistency, Global Bay cannot guarantee correct functionality across all browser software and different operating systems. Furthermore, Global Bay cannot accept responsibility for web pages which display incorrectly in versions of browsers released after the project has received final sign off by the Client.
8. Social Media Management and Digital Marketing
Social Media Management is defined as helping a client to promote their products or services through social media channels, and grow their following to improve their marketing capabilities. Where opted for, Global Bay will work with clients to define a package and scope of works for on-going management, and will honour the components of each package. Payment for social media management, as per the individual package agreed, is due in advance on a monthly basis, inline with the terms of this agreement.
Global Bay guarantee to work the agreed hours as defined within the Social Media package. We will endeavor to meet the expectations and agreed milestones outlined within the project, but make no guarantees in delivering exact metrics (i.e. number of followers). In line with clause 4 above, Social Media Management is dependent on prompt supply of content (where applicable) by the Client.
9. Hosting
Clients may opt to host their website under Global Bay’s Hosting package. This provides:
– Daily backups of your website
– Cloud based hosting for your website, including email accounts
– In projects where specifically stated, monthly security, wordpress and plugin updates
Hosting packages do not include website revisions, content updates or redesigns. Anything outside of the scope of the hosting package will be charged at our standard hourly rate.
10. Credit
Global Bay will install a credit at the bottom of the Client’s website, in either small graphic form or small typeface. The credit will be designed to fit with the overall aesthetic of the website. If a client wishes for the credit to be removed, a nominal fee of 10% of the total project price will be charged on projects above £5000, or a fixed fee of £500 for projects below this threshold.
11. Promotion
Global Bay reserves the right to present the client’s website on Global Bay’s portfolio, and in other online or offline promotional mediums (i.e. Social Media, brochures), for marketing purposes.
12. Third Parties
Global Bay reserves the right to engage or use third parties or other service providers as independent contractors in connection with the Services provided to the client. Where third party service providers are engaged, Global Bay will be fully responsible for their compliance of the various terms of this Agreement.
13. In-House Development Services
Global Bay can provide a dedicated development resources for use in a client’s organisation for a set period of time, or via an on-going service agreement.
The client will not, for a period of 6 months after the completion of our contract of work, directly or indirectly solicit or entice away or endeavour to solicit or entice away any person who was engaged by Global Bay during the contract of work.
14. Confidential Information
Throughout the course of a project both parties acknowledge that they may receive confidential information of the other party. Both sides agree to hold and maintain in strict confidence all such confidential information and not disclose to any third parties, except as is required in order to perform the duties in rendering services to the client, or as required by a court or government authority.
15. Intellectual Property Rights
The Client confirms to Global Bay:
– The Client either owns or has obtained appropriate license for use to all elements provided by the client for inclusion in the final website design, including but not limited to text copy, typography, images, videos or other artwork
– All content provided by the client, to the best of their knowledge, does not infringe the rights of any third party
– The Client indemnifies Global Bay to any claims of intellectual property violation from a third party in relation to any elements provided by the Client to Global Bay
Global Bay confirms to the Client:
– All elements of works we delivered to you by Global Bay are either owned by Global Bay or we have obtained the relevant permissions and licensing requirements to deliver them to the Client within their project.
– Global Bay indemnifies the client to any claims of intellectual property violation from a third party in relation to any elements provided by Global Bay to the client.
16. Copyright
On receipt of payment of final balance, copyright to the data, files and visual elements we have created for the project will be assigned to the client, and all relevant files will be provided to the client for safe storage. Anything that has been created but unused within the client’s final project will remain the property of Global Bay, and may be utilised in future work, within the confines on non-copyright infringement of the material produced for the previous client.
17. Liability
All work will be carried out in accordance to industry practice and at a high professional standard. However, no guarantees are given that the work provided by Global Bay will be error-free.
Global Bay excludes itself from all and any liability from lost data or content, lost profits, business interruption or for any indirect, incidental, special, consequential, exemplary or punitive damages arising out of or relating to the materials or services delivered by Global Bay under this agreement.
Global Bay’s total liability to the client in respect of any claim whatsoever or breach of this agreement shall be limited to the charges payable under this agreement.
18. Jurisdiction
This Agreement shall be governed and construed in accordance with the laws of England and Wales and the High Court of Justice in London shall be the exclusive Court of Jurisdiction.