We’ll always do our best to fulfil your needs and meet your expectations, but it’s important to have things written down so that all parties know what’s what, who should do what and when, and what will happen if something goes wrong. In this contract, we’ve used as little complicated legal terms as possible and avoided long passages of unreadable text. We have no desire to trick you into signing something that you might later regret. We want what’s best for both parties, now and in the future.
This agreement is made on the Proposal Date specified in the proposal between You; and
Bloobo, which is a trading name of NSB Services Ltd with its registered address at First Floor, Telecom House, 125-135 Preston Road, Brighton, BN1 6AF (“we” or “us” or “our”).
By using the Services, you agree to follow everything in this Agreement. This Agreement will start on the date we accept your order or the date you accept this Agreement, whichever is first.
We will provide the Services to you as set out in our proposal or quotation to you. You agree to pay us the total fee set out in our proposal or quotation, in accordance with the terms of this Agreement.
There is no minimum term for the Services unless agreed separately or otherwise stated in our proposal or quotation.
You agree that you:
have the authority to enter into this contract on behalf of yourself, your company or your organisation.
will co-operate with us so that we can supply the Services properly.
will give us the assets, information, materials and facilities we tell you we need to complete the project(s) and do this when we ask and in the formats we ask for.
will, if required, give us access to your premises, make sure they are properly prepared.
will obtain any licenses and permission needed for us to supply the Services before we start.
will review our work and provide feedback and approval in a timely manner.
will stick to the payment schedule set out in this Agreement.
will use reasonable security precautions in connection with your use of the Services.
will comply with laws applicable to your use of the Services and this Agreement.
will cooperate with our reasonable investigation of Service outages and any suspected breach of this Agreement and any disputes.
will keep your account information up to date at https://www.bloobo.co.uk/user.
will promptly pay any undisputed portions of fees due if there is a dispute with respect to any portion of an invoice and provide written details specifying the basis of any dispute.
will back up your data, including any web site data, regularly for your own protection.
will keep all our documents and property safe whilst they are at your premises.
will use the Services only in a manner consistent with the Acceptable Use Policy.
We agree that we:
have the experience and ability to do everything we’ve agreed with you.
will carry out all work in a professional and timely manner, in accordance with good industry practice and at the standard expected from a suitably qualified person with relevant experience.
will, during the design phase, share a development site with you and maintain regular contact.
will endeavour to meet every deadline that’s set.
will maintain confidentiality of everything you give us.
will provide the Services in a good and professional manner and in accordance with this Agreement.
will make reasonable effort to ensure the security of the Services and any data stored on our systems, is maintained.
will provide the Services in accordance with applicable English law.
will work with you to promptly resolve any disputes.
4. GENERAL LEGAL STUFF
We will supply the Services to you that are set out in the proposal or quotation and do what we reasonably can to manage and complete the project according to the project plan. However, any performance dates are estimates, and time is not of the essence.
We can change the Services if necessary to comply with any regulations, or if our changes don’t affect the nature and quality of the Services. If we decide to make a change, we will notify you.
If we can’t supply the Services because you have prevented us (for example by causing delay, or by not doing something you were supposed to do), We can stop supplying the Services until you have put the matter right (at your own cost). In this case, you will also pay us for any costs or losses you have caused us, and we will not be responsible for any costs or losses suffered by you.
That said, we can’t guarantee that our work will be error-free and so we can’t be liable to you or any third-party for damages, including lost profits, lost savings, loss of data resulting from delays, non- deliveries, wrong delivery, all service interruptions caused by us and our employees, failed backups or other incidental, consequential or special damages, even if you’ve advised us of them. Your liability to us will also be limited to the amount of fees payable under this contract and you won’t be liable to us or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if we’ve advised you of them.
The Services are controlled from our facilities in England. We make no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are responsible for compliance with all applicable English law and local laws and regulations, including but not limited to export and import regulations. You may not use the Services if you are a resident of a country embargoed by England, or are a foreign person or entity blocked or denied by the British government. Unless otherwise explicitly stated, all materials found on the Services are solely directed to individuals, companies, or other entities located in England.
If any provision of this contract shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this contract and shall not affect the validity and enforceability of any remaining provisions.
By accepting Services, you indemnify us for the violation of any law or this Agreement, that results in loss to us or the bringing of any claim against us. This means that if legal action is taken against us because of your activities that violate any law, or this Agreement, You’ll pay any damages awarded against us, plus costs and reasonable legal fees.
This Agreement is a legal document and is governed by the English law and each of us expressly and unconditionally submits to the exclusive jurisdiction of the courts of England and Wales.
Each of us agrees that it will not bring a claim under this Agreement more than two (2) years after the event giving rise to the claim occurred.
This Agreement constitutes the complete and exclusive agreement between the parties regarding the subject matter and supersedes and replaces any prior understanding or communication, written or oral. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in this Agreement.
The relationship between the parties is that of independent contractors and not business partners. Neither party is the agent for the other, and neither party has the right to bind the other to any agreement with a third party.
You agree not to try to solicit or employ any of our employees or sub-contractors who have been involved in the supply of the Services either during the Agreement or for at least 12 months after the Agreement has ended.
No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind us in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
When we use the word “including” in this Agreement, we mean “including without limitation.” Similarly, when we use the word “includes”, we mean “includes without limitation.”
When we use the term “Business Day” we mean 9am to 5pm, Monday to Friday (excluding Public and Bank Holidays).
Neither of us will be in breach of this Agreement if the failure to perform the obligation is due to an event beyond our control including significant failure of a part of the power grid, significant failure of the Internet, natural disaster, war, riot or insurrection, epidemic, strikes or other organised labour action, terrorism or other events of a magnitude or type for which precautions are not generally taken in the industry.
Due to the nature of internet based services, we make no “uptime” guarantees.
We reserve the right, in our sole discretion, to modify or replace this Agreement from time to time by publishing a new version at https://www.bloobo.co.uk/terms. Your continued use of the Services after any such change constitutes your acceptance of the new terms. If you do not agree to any of these terms or any future terms, do not use or access (or continue to access) the Services.
When we use the word “Services” in this Agreement, we mean:
our provision of website application development services (“Web Development Services”),
our provision of mobile application development services (“Mobile App Development Services”),
our provision of website and mobile application hosting services (“Hosting Services”),
our provision of website and mobile application maintenance services (“Maintenance Services”),
our provision of IT consultancy, hardware or software installation or repair (“IT Services”), or
our design and provision of brand and printed material (“Marketing Services”).
When we use the word “Users” we mean all:
others who access the Services and those that access the services our Services create.
7. USE OF THE SERVICES
Because we respect the rights of children and parents, you may use the Services only if you can form a binding contract, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Services by anyone under 13 is strictly prohibited and in violation of this Agreement. Because we respect the User community, the Services are not available to any Users previously removed from the Service.
You are solely responsible for the activity that occurs on or through your application. We will not be liable for your losses caused by any unauthorized use of your account, and you shall be solely liable for the losses due to such unauthorized use.
Users may create or join groups on the Services in order to share articles and other content, and to send messages to other Group members (a “Group”).
You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. We will have no liability for your interactions with other Users, or for any User’s action or inaction.
We may allow you to send messages through our Services to other Users or to third parties (“Messages”). We may send administrative messages to you and other Users.
You must not use the Services for the sending of spam, flames, mail bombs, or unsolicited e-mail messages. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. This prohibition extends to the sending of unsolicited mass mailings from another service that in any way implicates web sites hosted by us.
A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one’s e-mail address accessible to the public will not constitute a request or invitation to receive messages.
If you are found to have spammed, we reserve the right to disable your account without warning. We reserve the right to determine what violates this policy. As such, any violation may result in cancellation of services without refund.
We may provide notifications, whether such notifications are required by law or are for other business purposes, to you via email notice, “push” notification on your mobile device, written or hard copy notice, or through posting of such notice on the Services, as determined by us in our sole discretion. We reserve the right to determine the form and means of providing notifications to Users, provided that you may opt out of certain means of notification as described in this Agreement. We are not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.
9. CONTENT DEVELOPMENT
All services we provide may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any English (or any other country) law is prohibited. This includes copyrighted material, material that is threatening or obscene, material that is “adult only” content, or material protected by trade secrets and other statue.
Adult material and pornography is prohibited on our servers. This includes sexual content, or direct links to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet. Links to such materials are also prohibited. We reserve the right to determine what violates this policy.
Unless agreed separately, we’re not responsible for inputting text or images into your content management system or creating every page on your website.
Graphics and Photographs
You should supply graphic files in an editable, vector digital format. You should supply photographs in a high resolution digital format. If you choose to buy stock photographs, we can suggest libraries.
Browser testing means ensuring that a person’s experience of a design should be appropriate to the capabilities of a browser or device.
We test our work in current versions of major desktop browsers including those made by Apple (Safari), Google (Chrome) and Mozilla Firefox. We’ll also test to ensure that people who use Microsoft Internet Explorer 11 for Windows get an appropriate experience. We won’t test in other older
browsers unless we agreed separately.
Mobile Browser Testing
Mobile browser testing using popular smaller screen devices is essential in ensuring that a person’s experience of a design is appropriate to the capabilities of the device they’re using.
We test our designs in iOS using Safari and Android using Google Chrome. We won’t test in Blackberry, Opera Mini/Mobile, specific Android devices, Windows or other mobile browsers unless we agreed separately.
Search Engine Optimisation (SEO)
We cannot guarantee any improvement to a search engine ranking, nor can we promise to get a site higher up or to the ‘top of Google’, but we build every site in a way that is accessible to search engines in an effort to increase its chances.
10. SHARING YOUR CONTENT
We may allow you to post content on the Services, including comments, photos, blog posts, messages, blog URLs, and other materials. Any content a User submits, posts, displays, or otherwise makes available on the Service, including all Intellectual Property Rights therein, is referred to as “User Content.”.
You own all of the User Content that you post or publish (“post”) on the Services. You permit us to use your company and/or trade name and logo on our website and other promotional materials.
By uploading, posting, submitting or otherwise disclosing or distributing User Content, you represent and warrant that you own all rights in your User Content and that any User Content you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights or rights of publicity or privacy. We reserve the right, but are not obligated, to reject and/or remove any User Content that we believe, in our sole discretion, violates these provisions. We take no responsibility and assume no liability for any User Content that you or any other Users or third parties post or send over the Services. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content that you send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Services, is solely your responsibility, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. We are not responsible for any public display or misuse of your User Content.
11. OUR CONTENT
Except for User Content, the Service, and all Intellectual Property Rights including therein and related thereto, are our exclusive property (“Exclusive Content”). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license to the Exclusive Content, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from the Exclusive Content, including without limitation any materials or content accessible on the Services. Our name and other graphics, logos, designs, page headers, button icons, scripts, and service names are trademarks, trademarks or trade dress protected by the law of England and Wales and/or other countries or jurisdictions. Our trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion. Use of the Exclusive Content or materials on the Services for any purpose not expressly permitted by this Agreement is strictly prohibited.
We value input from our Users, and are always interested in learning of ways we can make the Services better. You may choose to or we may invite you to submit comments, ideas or feedback about the Services, including without limitation about how to improve the Services or our products (“Feedback”). By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place us under any fiduciary or other obligation, and that we are free to use the Feedback without any additional compensation to you, and/or to disclose the Feedback on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, we do not waive any rights to use similar or related Feedback previously known to us, or developed by our employees, or obtained from sources other than you.
You may not copy any software we provide for your use, unless expressly permitted by this Agreement or use such software after the expiration or termination of this Agreement. You may not remove, modify or obscure any copyright, trade mark, or other proprietary rights notices that appear on any software we provide for your use. Unless permitted by the terms of an open source software licence, you may not reverse engineer, decompile or disassemble any software we provide for your use except and to the extent that you are expressly permitted by applicable law to do this, and then following at least ten (10) days advance written notice to us.
13. HARDWARE AND EQUIPMENT
We are allowed to change any of our specifications, or any specification that you have supplied, if this is necessary to comply with any regulations.
Any delivery dates we provide are approximate, and we do not guarantee these timings.
Any risk or damage or loss in relation to hardware or equipment passes to you on delivery. The off- loading of the hardware or equipment is at your risk, so you should make sure you insure the hardware or equipment to cover this.
Title in the hardware or equipment (which means full ownership of it) passes to you when you have paid us for it in full. Until the title passes, we will still own it. You will be holding it for us and you must treat it as follows:
• store it separately from other equipment so that it can be clearly identified as our property,
• keep it in good condition and insure it against all risks at its full price from the delivery date.
• do not remove or obscure any identifying mark or packaging; and
• give us any information about the hardware or equipment that we ask for.
Before a domain expires you will be reminded to renew your domain by e-mail to the address within your billing account. On the date a domain expires it will be taken offline and you will have thirty (30) days to contact us to renew the domain name at our regular renewal rates.
After thirty (30) days have passed from the expiry date, the domain will enter what’s called a “redemption period” and to renew the domain at this stage will cost £200.00+VAT – this is a cost charged by the registry and passed on to you by us, this in addition to our standard domain renewal charge. After another thirty (30) to ninety (90) days from expiry have passed, the domain is released to the public so anyone can re-register your domain and you will lose it.
15. HOSTING SERVICES
Hosting Services provided by us may be used for lawful purposes only and any content stored using the Services, must comply with the terms of this Agreement.
Our Web Hosting accounts are intended for a single website per service and you are not permitted to host multiple websites on one service, this includes pointing domains to folders/sub-domains.
We don’t allow the use of background-running programs, including IRC bots, eggdrop, BitchX, XiRCON, warez sites and any other program that interferes with normal server operation. We reserve the right to determine what violates this policy.
You are free to use any scripts you wish, provided they don’t affect the normal operations of the server and are not any of the following:
• Proxy Scripts,
• IRC Scripts,
• Torrent Trackers,
• HiveMail and similar e-mail provisioning scripts,
• phpShell and similar command execution scripts,
• Virus or any other hostile code,
• Chat Room Scripts; or
• scripts that are commonly known for causing server disruption include large cgi-based message forums, auctions, banner exchanges and chat rooms.
In the event a script affecting server performance we reserve the right to disable the effecting script/account prior to notifying you.
You are responsible for ensuring that all scripts used within your account are secure and kept up to date, you agree to update/patch the software when the developers release new versions with security fixes to maintain the integrity of your web space.
If a web site is found to be using excessive system resources resulting in degrading the service of other users, we reserve the right to disable the offending script or disable the account if required.
Cron jobs must not be set to run any more frequent than every fifteen minutes, customers found to be running crons more frequently will have their cron frequency edited and repeat offenders risk having their account suspended.
We will exercise no control whatsoever over the content of the information passing through the network, e-mail or web site.
You may not use the Services with an attempt to circumvent user authentication or security of any host, network, or account. This includes accessing data not intended for you, logging into a server or account you are not expressly authorised to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organisation’s security policy.
You may not attempt to interfere or deny service to any user, host, or network. This includes flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. We’ll cooperate fully with investigations of violations of systems or network security at other sites, including co- operating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.
We reserve the right at our sole discretion to refuse or cancel service. Violation of any term or condition under the Agreement could result in a warning, suspension, or possible account termination. Accounts terminated due to policy violations will not be refunded. Domains terminated due to policy violations will not be released to the customer.
If you currently have in place e-mail forwarding or your default address from our mailserver to third party e-mail addresses such as Hotmail, AOL, BT, yahoo, we reserve the right to enable our spam services on your account without prior notice.
If you go over your bandwidth allowance you will have the option of either upgrading to an account with more data-transfer or be billed an overage charge of £2.00 per GB. If you choose to pay the overage, data-transfer overage invoices are generated monthly.
16. IT SERVICES
We reserve the right to make a fault analysis and handling charge.
IT Services shall be carried out with reasonable care and skill and so far as reasonably and economically possible in such a manner as to comply with the manufacturer’s technical specification where such information is available.
We reserve the right not to effect repairs upon hardware or equipment which in our view has been improperly used.
We reserve the right to replace the whole or any parts or accessories of the hardware or equipment and to use second user or reconditioned parts where the equipment cannot be repaired or is beyond economic repair we may offer alternative equipment subject to your agreement.
We hereby undertake to repair and where agreed redeliver to you, any item returned under this Agreement. Rectification of design faults is not covered by this Agreement. Furthermore, any Item repaired under this Agreement shall be returned to you at the same modification level as submitted to us by you, unless otherwise agreed between the parties and subject to prices negotiated within this Agreement or where a modification is required to rectify the reported fault.
We do not undertake to erase any data from any hard drive of an item being repaired as part of the repair service.
17. CHANGES AND REVISIONS
We don’t want to limit your ability to change your mind. The price at the beginning of this contract is based on the number of weeks that we estimate we’ll need to accomplish everything you’ve told us you want to achieve, but we’re happy to be flexible. If you want to change your mind or add anything new, that won’t be a problem as we’ll provide a separate estimate for those additional weeks. If you change your mind about what you want to be delivered and are not happy with the direction our work is taking, you’ll pay us in full for the time we’ve spent working with you until that point.
Any attempts to undermine, slander, libel, threaten, or cause harm to a server, customer, employee, or us directly is strictly prohibited and is grounds for immediate termination without refund. In addition, We’ll pursue all attempts to the fullest extent of the law.
We may from time to time recommend third party software or other products and services for your consideration. We make no representation or warranty whatsoever regarding such products and services.
Your use of any products and services not provided by us is governed by the terms of your agreement with the provider of those products and services, and is at your sole risk. We’re not responsible in any way for the third party product’s performance, features nor failures.
The Services, including all content, are provided on an “as is” and “as available” basis. We make no warranties or representations of any kind, whether expressed or implied for the Services we’re providing. We also disclaim any warranty of merchantability or fitness for any particular purpose and will not be responsible for any damages that you may suffer, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions. We do not warrant that the content on the Services is accurate, reliable or correct; that the Services will meet your requirements; that the Services will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Services are free of viruses or other harmful components. Use of the Services, any information we provide and content downloaded is at your own risk, and we specifically deny any responsibility for the accuracy or quality of information obtained through the Services. We do not represent guarantees of speed or availability of end-to-end connections. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through our Services or any hyperlinked website or service, or featured in any banner or other advertising, and we will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.
21. CONFIDENTIAL INFORMATION
Confidential Information means all information disclosed by one of us to the other, at any time, that the recipient should reasonably understand to be confidential.
Each of us agrees not to use the other’s Confidential Information except to provide the Services, to exercise of our respective legal rights under this Agreement, as may be required by law, or as set forth below.
Each of us agrees not to disclose the other’s Confidential Information to any third person except to each of our respective service providers, employees, suppliers, agents and representatives, provided that such service providers, employees, suppliers, agents or representatives agree to confidentiality measures that are at least as stringent as those stated in this Agreement.
23. THIRD PARTY LINKS, SITES AND SERVICES
The Services may contain links to other websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by us. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
24. DATA PROTECTION
Each of us agrees to comply with our respective obligations under the Data Protection Act 1998 (the “Act”) as applicable to personal data that it controls or processes as part of, or in connection with, its use or provision of the Services. Specifically, but without limitation, you must comply with the Act as it relates to personal data that you store or transfer using your Services.
25. INTELLECTUAL PROPERTY
Intellectual Property Rights means all:
• rights to inventions,
• copyright (including rights in software) and related rights,
• service marks,
• get up and trade names,
• internet domain names,
• rights to goodwill or to sue for passing off,
• rights in designs,
• database rights,
• rights in confidential information (including know-how); and
• any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which subsist or shall subsist now or in the future in any part of the world.
You guarantee that all elements of text, images or other artwork you provide are either owned by you, or that you’ve permission to use them. When you provide text, images or other artwork to us, you agree to protect us from any claim by a third party that we’re using their intellectual property.
We guarantee that all elements of the work we deliver to you are either owned by us or we’ve obtained permission to provide them to you. When we provide text, images or other artwork to you, we agree to protect you from any claim by a third party that you’re using their intellectual property. Provided you’ve paid for the work and that this contract hasn’t been terminated, we’ll assign all intellectual property rights to you as follows:
• You’ll own the content plus the visual elements that we create for you. We’ll give you source files and finished files and you should keep them somewhere safe as we’re not required to keep a copy. You own all intellectual property rights of text, images, site specification and data you provided, unless someone else owns them.
• We’ll own any intellectual property rights we’ve developed prior to, or developed separately from this project and not paid for by you. We’ll own the unique combination of these elements that constitutes a complete design and we’ll license its use to you, exclusively and in perpetuity for this project only, unless we agree otherwise.
You may cancel any or all of the Services at any time in writing, providing:
• the minimum term of this Agreement has lapsed; and
• written notice is sent to us thirty (30) Business Days prior to the required cancellation date.
You may terminate this Agreement if we:
• fail to provide the Services as agreed; or
• fail to meet any obligation stated in this Agreement and don’t remedy that failure within thirty (30) Business Days of your written notice describing the failure.
We may terminate this Agreement if we:
• discover that information you provided in relation to the Services is inaccurate or incomplete,
• your payment of any invoiced amount is overdue and you don’t pay the overdue amount within five (5) Business Days of our written notice; or
• you fail to meet any obligation stated in this Agreement and don’t remedy that failure within thirty (30) Business Days of our written notice describing the failure.
Either of us may terminate this Agreement with immediate effect on written notice if one party reasonably suspects that the other party:
• is unable to pay its debts,
• enters into compulsory or voluntary liquidation,
• compounds with or contravenes a meeting of its creditors,
• has a receiver or manager or an administrator appointed; or
• ceases for any reason to carry on business or takes or suffers any similar action which means that it may be unable to pay its debts.
Upon termination of your account, your right to use the Services will immediately cease. All provisions of this Agreement, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
We may suspend Services without liability if:
• we suspect that you’re using them in breach of this Agreement,
• there is a security breach or attack on our systems or your account,
• we’re required to by law; or
• if it will protect our systems or customers.
We’ll give you advance notice of a suspension of at least twenty-four (24) hours unless a shorter notice period is necessary to protect our systems or customers from significant commercial, legal or security risk.
All Services will automatically renew using your payment information stored on your account on the due date, this is unless a prior cancellation request has been submitted. If a Service has been renewed and no cancellation has been received, no refund is due for any Services paid. All invoices must be paid on or before the due date. We’ll attempt to automatically re-bill your chosen payment method when your invoice becomes due with your payment information on file. If payment is declined, our billing system will continue to attempt to take payment until you submit a cancellation request. We reserve the right to suspend all services once they become overdue.
30. PRICING AND CHARGES
All pricing information is set out at https://www.bloobo.co.uk and we may update these at any time.
If we charge on a time-and-material basis:
• We will charge at our standard daily rates for an eight-hour day (these are set out in our proposal or quotation;
• We can charge you 10% of our daily rate for any overtime that we work, calculated pro rata;
Whether we charge you on a fixed basis or on a time-and-material basis, we can also charge you for the cost of materials and for all other reasonable expenses that we incur to supply the Services (for example, travel, subsistence, accommodation and the cost of Services supplied by others). We will also add VAT.
All accounts are set up on a prepay basis which means you pay in advance. Although we reserve the right to change prices of accounts or Services at any time, all pricing is guaranteed for the period of prepayment. This means that during the month you’ve paid for in advance, we won’t change the price of that month.
We issue invoices electronically. Our payment terms are 14 days from the date of invoice by BACS or Direct Debit. All proposals are quoted in Great British Pounds and payments will be made at the equivalent conversion rate at the date stated in the quote. You agree to pay all charges associated with international transfers of funds. The appropriate bank account details will be printed on our electronic invoice.
If you fail to pay on time, we may charge you interest at 8% per annum above the Bank of England base rate from time to time from the due date until payment, whether before or after any court judgment on the debt. The interest will be earned daily and you must pay it all with the overdue amount.
You are not allowed to hold back any payment due to us as a set-off or credit or counterclaim unless the law allows it. However, we may set off any amount you owe us against any amount we owe you.
Unless otherwise stated in this Agreement, you have the right to cancel your account within seven (7) days to receive a full refund, your seven (7) days commences from when you first signup for our service. To cancel under this policy, you need to e-mail us quoting your account username. There are exceptions to this refunds policy which includes domain name registration, SSL certificates and setup fees where applicable, which are non-refundable. Business customers are also excluded from this refund policy as the distant selling act does not apply.
You will make support calls by:
• calling us on +44(0)1332 527 538; or
• sending an e-mail to [email protected].
We will return support calls or reply to support e-mails within 2 hours 9am-5pm Mon-Fri (excluding
Public and Bank Holidays in England and Wales).
When you contact our support team, a Ticket will be created, you will be provided with a Ticket ID and the Ticket will be assigned a priority. In this Agreement:
• Urgent means a major incident resulting in complete outage of the Services.
• High means a severe incident resulting in severely limited usability of the Services.
• Medium means a minor incident resulting in partial loss of features of the Services.
• Low means a minor incident that doesn’t affect the usability of the Services.
We will assess and respond to Tickets according to the Ticket priority:
• Urgent – 4 hours
• High – 8 hours
• Medium – 1 Business Day
• Low – 2 Business Days
This excludes incidents caused by:
• your failure to follow your responsibilities or comply with any obligations of this Agreement,
• misuse or accident by you or your employees; or
• acts of God including flood, fire or power failure.
We’ll use our discretion when choosing the method of correction for your reported incident but will do so with your co-operation.
If downtime or an interruption to the Services is required in order to fix the incident, we agree to co- operate with you about when this should happen in order to minimize disruption to the Services.
34. COMPLAINTS AND ESCALATIONS
We aim to give outstanding service and value for money, however we recognise that from time to time issues can arise that need to be escalated. We’re committed to resolving any such issues as quickly and efficiently as possible. If you are unhappy with any of our services, or you feel that you have not received a satisfactory response from our support team, you may send your complaint in writing to [email protected] and include your original Ticket ID.
You should expect to receive a response to your query within fourteen (14) days of us receiving your correspondence. On receipt of your complaint, we’ll thoroughly investigate any issues raised and propose a course of action for resolution.
We love to show off our work, so we reserve the right to display all aspects of our creative work, including sketches, work-in-progress designs and the completed project on our portfolio and in articles on websites, in magazine articles and in books. We’ll not use your name or logo in a manner that suggests an endorsement or affiliation.