Please read these terms and conditions carefully. They apply to all website development/marketing /graphic design/videography services provided by Hive Communications Ltd trading as Blue Bee (“Blue Bee”) to the Client. Requests made by the Client following receipt of these terms will deemed to be acceptance of these terms.
Payment for services to be provided by Blue Bee are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 30 days. Blue Bee reserves the right to alter or decline to provide a quotation after expiry of the 30 days. Charges for design work does not include the release of any source files.
Payment for services is due upon receipt of invoice by bank transfer. Our bank details will be made available on invoices.
2. Late Payment
Invoices are due on receipt. Invoices are sent via email. Accounts that remain unpaid 30 (thirty) days after the date of the invoice will be charged, at the discretion of Blue Bee, an interest rate of 2% per month, or at the annual rate of 7% above the base rate published from time to time by Santander plc, whichever is the greater rate.
In the event that payment is not received within a maximum of 60 days, arrears will be passed to our debt collection agency. Once this has taken place, the Blue Bee are not in a position to accept payment from the Client. Additional fees are applied by the debt collection agency. Blue Bee have no authority to revert these fees once a debt is passed over to the debt collection agency.
3. Website Project Timeline
The Client agrees to appoint a single individual as the primary contact for Blue Bee during the project.
To remain efficient, we must ensure work we have programmed is carried out within a scheduled time. We will install and publicly post the Client’s website by the date specified in the Blue Bee Brief. In return, the Client agrees to provide all website copy and images within 8 (eight) weeks from the original email request. Failure to do so is a default of the commission, the project will be terminated, and the Client will be sent the final invoice for immediate payment. At its discretion, Blue Bee will recommence the project after agreement between both parties on a new proposal document and once the original fees have been paid.
If your project involves Search Engine Optimisation (SEO) we need the text content for your site in advance so that the SEO can be planned and completed efficiently.
4. Client Review
Blue Bee will provide the Client with an opportunity to review the appearance and content of the website during the design phase and once the overall website development is completed. Once the website has gone live, one set of revisions within ten days of this date will be permitted without charge. After this time, materials will be deemed to be accepted and approved by the Client.
5. Additional Expenses
Client agrees to reimburse Blue Bee for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography etc.
6. Browser Compatibility
Blue Bee will ensure that any website built is compatible with the most popular current browsers (e.g. Mozilla Firefox, Google Chrome, Microsoft Edge etc.). Further browser configurations (version number and device) should be specified before commencement of the project and will incur an extra charge.
Blue Bee will try to make the website work in an identical manner across the browsers, but it is accepted by the Client that this is not always possible or practical and therefore the definition of browser compatibility will be that the user experience is not harmed when the site is viewed.
If a project is cancelled at any point during the design process, the full deposit is non-refundable and therefore will be retained. If a project is cancelled at any point during the build process, the full project balance is payable.
Hosting services require 30 (thirty) days’ notice, in writing, via post or email.
Online marketing services (defined in Online Marketing, below), require 30 (thirty) days end of month notice. Thirty days end of month shall mean the end of the month following the month in which the cancellation was received. (eg, cancellation received on 12th September, service ends 31st October.)
Copyright in all work prepared by Blue Bee is expressly reserved by Blue Bee until full payment is received, when rights to any work carried out passes to the Client.
The Client must obtain rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting Blue Bee permission and rights for use of the same and agrees to indemnify and hold harmless Blue Bee from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. The contract shall be regarded as a guarantee by the Client to Blue Bee that all such permissions and authorities have been obtained.
9. Design Credit
A link to Blue Bee website will appear at the bottom of the Client’s website and credit will appear on the back of the Client’s brochure.
If a client requests that the design credit be removed, a nominal fee of 10% of the total development charges will be applied.
The Client also agrees that the website/brochure developed for the Client may be presented in Blue Bee’s portfolio and used in Blue Bee’s marketing campaigns.
10. Uploading of Websites
Blue Bee is responsible for the uploading of the Client’s website and testing all functionality where the site is hosted in-house.
If the Client’s website is to be installed on a third-party server, Blue Bee must be granted temporary read/write access to the Client’s storage directories which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.
Where functionality will not work on third party servers, Blue Bee will demonstrate that same functionality working on its own servers to prove that the functionality works and the server is at fault.
11. Online Marketing
Blue Bee provide online marketing services known to help businesses through the chosen online marketing method and will report its activity and results to the Client. Whilst Blue Bee has a track record of achieving positive results, there is no guarantee for future success.
Online marketing requires 30 (thirty) days end of month notice. Thirty days end of month shall mean the end of the month following the month in which the cancellation was received. (eg, cancellation received on 12th September, service ends 31st October.)
These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s signature below or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.
Blue Bee hereby excludes itself, its Employees and or Agents from all and any liability from:
Loss or damage caused by any inaccuracy;
Loss or damage caused by omission;
Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site; loss or damage to clients’ artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.
The entire liability of Blue Bee to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.
14. Force Majeure
Blue Bee will not be liable for delays in its performance caused by circumstances beyond Blue Bee’s reasonable control, including acts of God, wars, insurrection, civil commotions, riots, national disasters, earthquakes, strikes, fires, floods, water damage, explosions, shortages of labour or materials, labour disputes, transportation problems, accidents, embargoes, or governmental restrictions (commonly known as “Force Majeure”).
Blue Bee will make reasonable efforts to reduce to a minimum and mitigate the effect of any Force Majeure. No event of Force Majeure will suspend any obligation of customers for the payment of money due.
In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid.