Terms & Conditions
DEFINITION OF OUR TERMINOLOGY AS USED WITHIN THIS DOCUMENT:
- A ‘Project’ is any work undertaken or service provided by Bootcamp Media for the client on their request and as described in our proposal/confirmation order email to that Client.
- ‘You’ or ‘Client,’ is a person, persons, business or organisation using any of the services provided by Bootcamp Media.
- ‘We’ or ‘us’, means Bootcamp Media
- ‘Live’ means the date the website is available on the client’s chosen domain.
- ‘Domain’ is the website address as specified by the client.
- ‘Open Source Software’ is software made freely available to anyone under the GNU General Public License (GPL).
- ‘Hosting’ is a yearly cost to keep a clients website activated online.
- ‘Content’ is both text and images that the client requires on the website.
- The contract between Bootcamp Media and the client will be on these conditions, to the exclusion of all other terms and conditions. Any variations to these conditions shall have no effect unless agreed in writing.
- Bootcamp Media reserves the right at any time without notice to remove any Client from its services, web hosts, for breach of Inappropriate Material, or for linking to Inappropriate Material.
- The Client is deemed to have accepted and agreed to these Terms and Conditions by notifying Bootcamp Media of their intention to commence/continue with the services provided by Bootcamp Media, or by paying or continuing to pay any order, invoice or regular payment.
- The works to be carried out shall be as set out in the Bootcamp Media proposal / invoice, which can be found attached to the confirmation order email.
LEGALITIES, COPYRIGHT AND INTELLECTUAL PROPERTY
- Bootcamp Media shall expect the client to carry out sufficient research before proceeding with a website. This will include checking that the website/idea/business will operate legally. It is important that the website is not in any way illegal. Please ensure that any images or content you supply or use on your website is legally available for you to use. We cannot be held responsible for the illegal use of images, content or format of material supplied by the client. Bootcamp Media reserve the right to remove any website from its servers if it has reason to believe that it is operating illegally.
- Where images used on the website have been purchased by Bootcamp Media on behalf of the client, these images are restricted by license for use on the website only. Bootcamp Media is not liable for misuse of these images by the client or any other person’s copying, altering or distributing the images to individuals or other organisations.
- Bootcamp Media cannot be held responsible for anything adversely affecting the Client’s business operation, sales, or profitability that might be claimed is a result of a service offered by Bootcamp Media.
PAYING FOR YOUR PROJECT
- We charge for the design and development of websites at various stages. Before we start work, a 50% deposit of the total sum due is payable (the deposit). When the website design is approved by you and the home page is completed, a further 25% is due (design payment). The final 25% is payable when the website is complete and ready to ‘go-live’ (final payment). Your website will only be switched to ‘live’ mode when it has been paid for, in full. The initial deposit payment is non-refundable after Bootcamp Media has committed resources or completed research and/or design work on the client’s behalf.
- Bootcamp Media will charge 2% fee for all payments made using a credit or debit card. Our service provider charges this fee due to the costs incurred by Bootcamp Media for receiving such payments. If this is not acceptable to the client, we also accept BACS and cheques as alternative payment methods, which will incur no payment fees. If paying by cheque, please understand that we will have to allow the cheque to clear the banking system before starting or continuing with your project.
- Bootcamp Media own all designs and code of the website until final payment has been received in full.
- Email is our primary method of contact with regard to all communication for your websites design and development. Email is obviously the most efficient and cost-effective form of contact. If you have any problems with the design or development of your website that your developer is unable to resolve by email, you can contact our telephone support service during UK office hours.
- It is the client’s responsibility to inform us of any change in email address so we always have valid contact details. We cannot be held liable in any way for problems relating to communication issues if we are not supplied with a valid email address.
- It is important for the client to keep in contact with Bootcamp Media throughout the entire project. If a client does not make contact for more than 4 weeks, we will make all reasonable attempts to contact the client by email using the email address for the client held on file. If we do not receive a response to these attempts of contact the project may be terminated, and the deposit will not be refunded. If the client wishes to postpone the project for a period of longer than 2 weeks, please contact us. Otherwise the project may be archived. We reserve the right to levy a £50 plus VAT administration fee if the client returns after an unapproved postponement period and wishes to continue work on their project.
WEBSITE DESIGN / DEVELOPMENT AND MAINTENANCE – Minimum website maintenance contract length is 3 months, with a 90-day notice period, unless otherwise agreed or specified in writing.
- Design is subjective, and for this reason we offer ‘design revisions’. This means that we will work with you on your design concept until you are happy with our proposal. The design revision period ends when the client accepts the design proposal and home page draft. Design changes beyond this point are subject to additional charges.
- NATURE OF COPY – CLIENT agrees to exercise due diligence in its direction to us regarding preparation of materials and must be able to substantiate all claims and representations. You are responsible for all trademark, service mark, copyright and patent infringement clearances. You are also responsible for arranging, prior to publication, any necessary legal clearance of materials we prepare.
- CONTENT – BOOTCAMP MEDIA reserve the right to require all content including but not limited to text, images, videos, logos and artwork before any website design or development work is to commence.
- LEAD TIMES – Lead times that are given in proposals are estimated under the agreement that BOOTCAMP MEDIA receive all relevant content prior to the beginning of any project(s) unless we are clearly instructed to produce the required content before the project starts. However the dates and lead times given are for guidance only. Open Source software (OSS) is publically available software that may be adapted or modified to suit particular applications. OSS may be used to help develop elements of the functionality of the client’s website to speed development and add functionality. Where Open Source software is used, the ownership of the site coding and any customisations made by the developer is still passed to the client upon final payment.
- WEBSITE MAINTENANCE CONTRACTS – Maintenance contracts are available where the client requires on-going work on their website project, each project will be quoted on hours of work required per month and priced accordingly. Any work carried beyond the agreed times per month will be charged at our prevailing hourly rate of £75 per hour plus vat.
WEB SITE HOSTING AND EMAIL
- Bootcamp Media Ltd will host the website if the client requires us to do so and on receipt of full payment of our hosting fees. In doing so, Bootcamp Media Ltd will provide a reliable and professional service to the client at all times, excluding unavoidable technical failures. Bootcamp Media provide different levels of hosting solutions. Each solution will be offered to meet your projected website visitor numbers. Based on visitor growth Bootcamp Media may recommend that you upgrade to meet the demand of these visitors in the future, which may incur an additional cost. You will be consulted before any changes are made to your hosting platform.
- Bootcamp Media hosting is annually renewable. The date of renewal will be 12 calendar months from the date the website was made live. Bootcamp Media will contact the client 4 weeks before the renewal date and hosting services are not obligated.
- The hosting renewal charge must be received within 10 days of the hosting expiry date. We reserve the right to deactivate any website when the hosting has expired and the client has not paid the renewal charge. We reserve the right to charge an administration fee of £50 plus VAT for reactivating the website/hosting.
- If the client does not use Bootcamp Media Ltd hosting services, then the management and hosting of the domain name are the full responsibility of the client.
- If the client does not wish to renew the hosting, the site files and associated data can be made available to the client fee free on request and the domain name can be transferred to the client’s registrar account. Should the client instruct us to upload and configure the site and domain name to a third party server this work will be subject to charge. Bootcamp Media reserve the right to delete the website from our servers 3 months after the date your hosting expired if you choose to not renew the hosting.
- Email hosting is provided via a third party solution. Bootcamp Media cannot be held responsible for any downtime outside of our control. This may include, but is not limited to, technical faults, DDoS (Distributed Denial of Service) attacks, internet downtime, and mail blacklisting.
SEO AND ONLINE MARKETING SERVICES – Minimum online marketing contract length is 3 months, with a 90-day notice period, unless otherwise agreed or specified in writing.
- Bootcamp Media will provide Client with Search Engine Optimisation Services (hereinafter referred to as “SEO”) as described in this contract. Bootcamp Media will use specific keywords and/or phrases to improve the search engine ranking of the Client’s website.
- The total fee for the SEO services to be provided is quoted in your proposal. All fees must be paid in full prior to the start of campaign.Bootcamp Media’s SEO services are intended to serve two main purposes: 1) to provide the Client with increased exposure in search engines, and 2) to drive targeted online traffic to the site.Bootcamp Media’s SEO Services will include (but are not limited to):
- Researching keywords and phrases to select appropriate, relevant search terms.
- Obtaining “backlinks” from other related websites and directories in order to generate link popularity and traffic.
- Editing and/or optimisation of text for various html tags, meta data, page titles, and page text as necessary (up to agreed number of pages).
- Analysis and recommendations on optimal website structure, navigation, code, etc. for best SEO purposes.
- Recommend, as required, additional web pages or content for the purpose of “catching” keyword/phrase searches.
- Create traffic and ranking reports for your website and any associated pages showing rankings in the major search engines via online tools.
- For the purposes of receiving professional SEO services, Client agrees to provide the following:
- Administrative/backend access to the website for analysis of content and structure.
- Permission to make changes for the purpose of optimisation, and to communicate directly with any third parties, e.g., your web designer, if necessary.
- Unlimited access to existing website traffic statistics for analysis and tracking purposes.
- Your domain email address for the purposes of requesting links (something like firstname.lastname@example.org)
- Authorisation to use client pictures, logos, trademarks, web site images, pamphlets, content, etc., for any use as deemed necessary by Bootcamp Media for search engine optimisation purposes.
- If Client’s site is lacking in textual content, Client will provide additional text content in electronic format for the purpose of creating additional or richer web pages. Bootcamp Media can create site content at additional cost to the Client. If Client is interested in purchasing content from Bootcamp Media, please contact Bootcamp Media for a cost estimate.
- Client must acknowledge the following with respect to SEO services:
- All fees are non-refundable.
- All fees, services, documents, recommendations, and reports are confidential.
- Bootcamp Media has no control over the policies of search engines with respect to the type of sites and/or content that they accept now or in the future. The Client’s website may be excluded from any directory or search engine at any time at the sole discretion of the search engine or directory.
- Due to the competitiveness of some keywords/phrases, ongoing changes in search engine ranking algorithms, and other competitive factors, Bootcamp Media does not guarantee #1 positions or consistent top 10 positions for any particular keyword, phrase, or search term.
- Google has been known to hinder the rankings of new websites (or pages) until they have proven their viability to exist for more than “x” amount of time. This is referred to as the “Google Sandbox.” Bootcamp Media assumes no liability for ranking/traffic/indexing issues related to Google Sandbox penalties.
- Occasionally, search engines will drop listings for no apparent or predictable reason. Often, the listing will reappear without any additional SEO. Should a listing be dropped during the SEO campaign and does not reappear within 30 days of campaign completion, Bootcamp Media will re-optimise the website/page based on the current policies of the search engine in question.
- Some search directories offer expedited listing services for a fee. If the Client wishes to engage in said expedited listing services (e.g., paid directories), the Client is responsible for all paid for inclusion or expedited service fees. Bootcamp Media can offer a list of expedited listing services upon request.
- Linking to “bad neighbourhoods” or getting links from “link farms” can seriously damage all SEO efforts. Bootcamp Media does not assume liability for the Client’s choice to link to or obtain a link from any particular website without prior consultation.
- Bootcamp Media is not responsible for changes made to the website by other parties that adversely affect the search engine rankings of the Client’s website.
- Additional Services not listed herein (such as managing pay-per click campaigns, copywriting, link baiting, etc.) will be provided for a fee and quoted for.
- The Client guarantees any elements of text, graphics, photos, designs, trademarks, or other artwork provided to Bootcamp Media for inclusion on the website above are owned by the Client, or that the Client has received permission from the rightful owner(s) to use each of the elements, and will hold harmless, protect, and defend Bootcamp Media and its subcontractors from any liability or suit arising from the use of such elements.
- Bootcamp Media is not responsible for the Client overwriting SEO work to the Client’s site. (e.g. Client/webmaster uploading over work already provided/optimised). The Client will be charged an additional fee for re-constructing content, based on the hourly rate of £75 per hour. Notwithstanding any other provision of this Agreement, Bootcamp Media’s obligation to provide free SEO services shall cease in the event the Client’s conduct overwrites the SEO services provided. For example, if the client’s Webmaster uploads content without consulting Bootcamp Media, then Bootcamp Media’s obligation to provide SEO services for free shall terminate.
DOMAIN NAMES AND LINKS
- If required, Bootcamp Media Ltd can register a domain name on behalf of the client once we have received payment in full. Although the domain names are registered to us, the client is the legal owner of the domain and if they request to have details changed or the domain transferred elsewhere, we will do this within a reasonable timeframe.
- Bootcamp Media Ltd provides links or references to our client’s websites solely for the convenience of prospective customers and intends that the links it provides be current and accurate, but does not guarantee or warrant that such links will point to the intended client site at all times.
- We place a small text link on the footer of our client’s website that simply states the website was designed by Bootcamp Media and links to our company website. This link can be removed, if required.
This agreement shall be governed by the laws of England and Wales, which shall claim venue and jurisdiction for any legal motion or claim arising from this agreement. This agreement is void where prohibited by law.
By accepting a quotation or making a payment of invoice to use the services supplied, the Client acknowledges to have read, understand, and accept the Terms and Conditions of this Agreement, and agrees to be legally bound by these Terms and Conditions.