Our Standard Terms and Conditions of Business
In accepting our ‘Quotation’ ’Activity Breakdown’, ‘Proposal’, ‘Schedule’ or ‘Estimate’ and thus commissioning work from The BIG Ideas Collective Ltd. (BIG, we, or us), you (the client or commissioning body) will be subject to the terms and conditions set out below:
i. BIG always operates in “good faith” and will not knowingly undertake any work which we consider to be illegal, a breach of copyright, indecent or defamatory; however, we cannot be held responsible if work produced by us, under your direction that is adjudged as such in any part of the world. Responsibility for obtaining consents and/or rights relating to trademarks, names, people or copyright material remains with you and is at your sole risk. You therefore agree to indemnify BIG against any loss, damage, costs or proceedings relating thereto.
ii. BIG reserves the right to withdraw its services if it finds that any commissioned work breaches any law, copyright or may be perceived as indecent or defamatory. In this instance you will be required to pay 100% of the quoted fee and our payment terms apply.
iii. Under the current copyright laws of England and Wales the copyright of all commissioned material (words, phrases, images, IP and layouts) produced for you is retained by BIG* until full payment of any and all outstanding invoices as been received by us for work completed.
iv. Once full payment has been received, BIG grants you permission to use the commissioned material for free in the web site or publication for which it was commissioned. These rights may not be assigned, transferred or loaned to any other third party.
v. BIG will make every effort to ensure that your work is kept confidential together with any associated documents. We respect your business and will not divulge confidential information unless requested by law or we have written consent from you. On contacting us and providing us with your contact details and enquiry enables us to get back to you with useful and timely information. We will keep any information you provide confidential and will not share with any third parties unless legally obliged. We will keep the information for up to 30 days. If we are part of a joint collaborative project we will retain all your information unless you ask us to remove it from our database.
vi. We will take all reasonable measures and endeavour to complete your work in a professional and timely fashion, producing a project plan and quote based on the project proposal. We do, however, reserve the right to amend the fees should the work take longer than anticipated or your needs change. We expect you to provide any information we require to enable us to undertake your commission to the best of our ability in a timely manner; this also applies to the review of any first and subsequent drafts. Any lack of contact or failure to respond to drafts or requests for approval after 60 days will trigger an invoice from us for 100% of our quoted fee and our payment terms will apply.
vii. On project-related journeys, mileage expenses incurred will be charged at a rate specified in the quotation or proposal, plus VAT per mile. If no rate is specified it is deemed to be 50 pence per mile.
viii. For any invoice left unpaid outside our terms of trading (14 days net) we reserve the right to make a statutory interest charge of 8% over Base Rate* charged per month compound. *Bank Of England
ix. Every effort will be made by BIG to ensure that any material produced is error free. At the point of agreed completion (or “sign off”) of commissioned work between BIG and you, and prior to further delivery to a third party (printer/web developer), you become responsible for any errors or omissions contained within said work. Any costs incurred by changes made after “sign off” will be charged for. We will inform you of any cost implications of any changes after “sign off” before these costs are incurred.
x. BIG have rigorous systems to ensure correct execution of any print order. If any print order is supplied to you direct from the printers you are responsible for informing BIG in the unlikely incidence of a shortfall in printed quantity within 7 days of delivery, so that any shortfall can be made up. Due to the photo degradation of printers’ plates there will be cost implications from making up any shortfall after this 7-day period has elapsed.
xi. Website Domain Names
We are happy to help research the best domain name for you and secure it for your company. We will then administer this for you and hold it within our ‘library’. However, it is your sole responsibility to fully investigate and ensure that the domain name you request us to register on your behalf, does not infringe on the legal rights of others. We are not responsible for checking whether a domain name we agree upon or use infringes on the legal rights of any third party and we suggest you seek advice of legal counsel before requesting the registration of any domain.
BIG will use commercially reasonable efforts to comply with any legal order to cancel, modify, or transfer your domain name.
In respect of annual fee payment for your domain name, we will notify you of fees in advance in order for you to decide if you still wish to retain it. If you do not tell us within the period we state you will be liable for all fees regardless if you wish to retain the domain name or not. Please be aware domain name registration fees are non refundable.
xii. Website Content, Data Storage and Maintenance
It is your obligation to ensure the accuracy, integrity, title or ownership, and security of anything you instruct us to use or produce (including text and images) to create your website. You agree that BIG has no liability, of any sort, for information or content you, your suppliers, associates or customers supply to us.
It is your responsibility to regularly back-up and maintain copies of any and all material supplied to us for the creation of your website. BIG is not responsible for any data loss or corruption, including that resulting from: (a) our authorised actions, (b) those actions you take using the services (c) hardware failures, (d) any software or technology failures or (e) service termination, cancellation or suspension.
BIG is not liable, and expressly disclaims any liability, for any content transferred either to, or from, you or stored by you and is not liable for unauthorised access to, or any corruption, erasure, theft, destruction, alteration or inadvåertent disclosure of, data, information or content, transmitted, received, or stored.
xiii. Website Hosting
Our hosting accounts are allocated bandwidth and security depending on the package you select. These services are invoiced annually and are to be paid in advance. We reserve the right to take down the website for non payment of a hosting invoice beyond 30 days of invoice date until payment is made, unless by prior agreement in writing.
In the development and maintenance of your website, you agree to give BIG and our selected professional associates, permission to access your website live page content, ‘back office’, source code, meta data, search engine optimisation and Google Analytics for the purpose of (but not limited to) design, development, updating of plugins and troubleshooting technical issues. We also conduct automated scans of data for security purposes and reserve the right to change permissions, modify files or quarantine files that are deemed to be malicious.
xv. Data Protection (GDPR) and Cookies
We endeavour to operate under current best practice for data protection and will encourage you to adopt any and all current General Data protection Regulation requirements for websites, including, full disclosure of ‘cookies’ and the inclusion of a Privacy and Usage Policy. However, BIG disclaims all liability for any omissions in advice hereto and for any breaches of the current Data Protection Act. IT IS YOUR EXPRESS RESPONSIBILITY to ensure you are fully aware of the law relating to data protection and the requirements pertaining to datacontrollers and data processors in respect of your business, website and its activities, including, but not limited to, data collection, storage, transfer and eCommerce activity.
BIG will make all reasonable commercial measures to ensure your website is secure. BIG is not liable and expressly disclaims any liability for any attack and subsequent breach of your website security by a third party, resulting in your website being ‘black listed’ by Google or your business interruption, loss of revenue, loss of data and/or rankings.
You are responsible for all actions that are performed with, by, or under your account credentials, passwords and logins, whether done by you or by others. All account access, password, and other security measures are your responsibility. BIG is not liable for any damages, direct or indirect, that result from unauthorised account access or use.
We strongly recommend that access to your website is limited to only one or two people within your organisation to maintain security and passwords/logins should not be shared.
BIG is not liable, and expressly disclaims any liability, for data breaches, loss or compromise caused by your failure to keep web applications, including plugins up to date. Failure to keep these up to date is the most common cause of security breaches.
xvii. Email Addresses
Supplying email addresses/hosting of emails by BIG does not ensure that your inbound and outbound emails will be delivered; settings beyond our control may impact email deliverability, including emails being sent to a spam folder or emails not being delivered at all. IP address blacklisting beyond our control may also affect email delivery.
xviii. Service Suspension
Notwithstanding anything to the contrary contained in this policy, BIG shall not be liable for any indirect or consequential damages, including damages for lost profits, loss of opportunity, loss of sales, or loss of search engine rank, suffered by you, your users, your clients, and your visitors, during periods of scheduled maintenance, service suspensions, and violation of this Policy. BIG will not be held responsible for any: (i) force majeure events, (ii) problems or service outages caused due to reboots during standard maintenance periods, or (iii) scheduled downtime.
xix. Third Party Warranties
BIG SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES REGARDING SERVICES PROVIDED BY THIRD PARTIES, REGARDLESS OF WHETHER THOSE SERVICES APPEAR TO BE PROVIDED BY US. No warranties, either express or implied, made by these third party entities to BIG shall be passed through to you, nor shall you claim to be a third party beneficiary of those warranties.
Either party may terminate website and email services upon thirty days’ notice. Cancellation must be in writing. BIG reserves the right to immediately suspend or cancel domain, website and email services without notice for a violation of our Terms and Conditions, including: failure to pay amounts due, dispute, GDPR breaches, copyright infringement or other illegal or fraudulent activity, and if requested by law.
xxi. BIG payment terms are laid out in the project plan/proposal document agreed with you, the client, at engagement; however, these may be subject to change by prior agreement. Except in the case of a reasonable and fair dispute, legal action will be taken against clients who fail to settle their invoice in full within 14 days of invoice date. Please note: if any invoice(s) for commissioned work from us on a live website, is/are not paid for within 14 days of invoice date, we reserve the right to remove said work and/or take offline (close) the website, regardless of any prepaid hosting costs.
Please note that annual hosting and domain name fees are non refundable.
xxii. In accepting our Quotation, produced specifically for your project by BIG, you are agreeing to adhere to the invoice points held therein.
xxiii. For any and all future projects subsequent, but not necessarily directly related, to a quotation or proposal signed off by you and undertaken by BIG, and where no new BIG terms and conditions of service have been presented and/or signed by you, you agree to abide by these terms and conditions.
xxiv. Any emails and digitally transferred files are confidential, © Big Ideas Collective and intended solely for the use of the individual or entity to which they are addressed. Emails’ contents may not be copied, altered or disclosed. BIG accepts no responsibility for loss or damage howsoever arising from an email’s use, including from a virus.
*For further information on current copyright law in England and Wales please visit www.ipo.gov.uk/whatis/whatis-copy
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