12. Particular Requirements Applying to Web Design and Development

12.1. Particular Requirements shall apply for Web Design and Development. Read the rest of Terms and Conditions of Service that shall apply to this Particular Requirements here.  

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12.1.1 Unless otherwise agreed between the Client and BigBox Agency, the Client agrees to provide the component parts of the Website (namely the text and images) within fourteen (14) days. No refund will be made in the event that the Client fails to provide sufficient content to complete the design of the Website. If the Website is an e-commerce website, product entry is the Client’s responsibility. 

 

12.1.2. Proofs of all work will be submitted for the Client’s approval and BigBox Agency shall incur no liability for any errors not corrected and communicated by the Client in proofs so submitted. Any alterations suggested by the Client and additional proofs necessitated thereby may result in additional charges. 

 

12.1.3 All content must be supplied by the Client in a suitable digital format unless agreed otherwise beforehand. Failure to supply material in digital format may result in extra charges being made for processing content for use on the Website. Where the content which is provided is in a form where a significant amount of copywriting is required, a further charge may be made.  

 

12.1.14 Upon request BigBox Agency can offer copywriting services as well as provide the necessary images. These services have an extra cost for the Client. 

 

12.1.15 The Client grants BigBox Agency permission to utilise all content, text, logos and any other client materials or identity for the purposes of creating the Website. 

 

12.1.16 A design credit with a link to the website of BigBox Agency shall appear on all pages of the Website either in text or graphic format. The link will be designed to fit the overall design of the Website.

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12.1.17 BigBox Agency retains the right in all cases to use the Services in any manner, at any time and in any part of the world, for the purposes of advertising or otherwise promoting BigBox Agency work.

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12.1.18 The Client must provide to BigBox Agency with copies of the Client’s terms and conditions and any privacy statement that the Client wishes to be incorporated into the design. 

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12.1.19 In the event that BigBox Agency is unable to complete a Website because of lack of text and/or pictures, then text may be added using sample text and pictures using appropriate library pictures. At this point the Website will be considered completed and invoiced accordingly. 

 

12.1.20 BigBox Agency will provide the Client with an estimated timescale for progress and completion of the Services and BigBox Agency will use its reasonable endeavours to meet those timescales (as long as the Client performs the Client’s obligations promptly) but, unless BigBox Agency agrees otherwise, any timescales or projected completion dates are estimates only and BIgBox Agency cannot guarantee that they will be met. In any event, BigBox Agency shall have no liability to the Client if BigBox Agency is delayed in performing or is unable to perform any of its obligations under the Agreement due to circumstances beyond its reasonable control. 

 

12.1.21 BigBox Agency will design a bespoke Website for the Client.

 

12.1.22.The Client must provide to BigBox Agency with log-in information (FTP username and password) to allow BigBox Agency to gain access to the Website. BigBox Agency will maintain confidentiality of log-in information. The Client must inform their webmaster  or anyone else who has access to the Website that BigBox Agency will be performing Search Engine Optimisation Services on the Website. 

 

12.1.23 The Client shall assist BigBox Agency in ensuring that BigBox Agency has the unrestricted ability to optimise the structure and content of the Client’s web pages. Such changes generally have a minimal visual impact. BigBox Agency will work directly with the Client in order to maintain the original look and feel of the Website. 

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12.1.24 Where BigBox Agency modifies the Website in the process of providing the Services, BigBox Agency hereby grants to the Client a non-exclusive royalty-free licence to use such modifications in connection with the Website. 

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12.1.25 BigBox Agency does not guarantee that BigBox Agency's search listings will be available or displayed. The format and style of the Client’s listing may vary and BigBox Agency makes no representations as to the format and style of search listings. 
 
12.1.26 BigBox Agency will integrate the accounts into the Website, where necessary. 

 

12.1.27 From time to time, BigBox Agency may recommend changes to the Website to improve the conversion rate, the bounce rate or the effectiveness of the campaign; BigBox Agency will always quote the Client for any additional Work and will only proceed with the Client’s approval. 

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12.2 The acceptance procedure shall be as follows:

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(1) when BigBox Agency considers the design to be completed, the Website will be uploaded to a test domain for the Client to preview and the Client will receive notification by telephone or email; 

 

(2) the Client will have seven days from the notification to carry out an appraisal of the design and inform BigBox Agency of any changes required to correct any errors; 

 

(3) BigBox Agency will carry out the agreed amendments within fourteen days. BigBox Agency will then have a further seven days to appraise the changes to the design and inform the Company of any errors in the changes; 

 

(4) after this period the design is considered as accepted, full payment will become due and the Client will be invoiced for the outstanding costs. Any further amendments are chargeable. The Website will not be launched onto the Client’s domain until the final payment has been received; 

 

(5) any additional amendments are then chargeable. 

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12.3 The Client will provide to BigBox Agency: 

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(1) the ability to access and make changes to the Website (or, where BigBox Agency agrees, the Client will promptly make any changes to the Website requested by the Company);  

 

(2) assistance in determining appropriate keywords and key phrases which should be targeted using the Services;  

 

(3) direct access to any existing analytical data concerning the Website, such as data concerning referral sources, visitor activity, Website usage, conversion rates, and similar data. 

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12.4  The Client acknowledges that: 

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(1) Search Engine algorithms will change from time-to-time, which may affect the Website’s rankings in the Search Engine results pages, and BigBox Agency has no control over such changes; 

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(2) it can take many months for the Services to have any significant effects upon the ranking of a Website in the search Engine Results pages; 

 

(3) Search Engine Optimisation site promotion is an ongoing task and, should the Client terminate the Agreement and/or stop promoting the Website, that would be likely to have a negative impact upon the effects of the Services; 

 

(4) BigBox Agency will not be responsible for any alterations to the Website made by the Client or any Third Party that reverse or effect changes made to the Website by BigBox Agency which adversely affects the ranking of the Website of the Client in the Search Engines;  

 

(5) the Promotion of the Website may lead to higher traffic levels and bandwidth requirements for the Website, and the Client will be responsible for arranging and paying for such requirements; 

 

(6) notwithstanding the Services, the Website’s Search Engine results page rankings and traffic levels may decrease as well as increase; 

 

(7) it is not possible to give any guarantees for any specific result on the Search Engine, nor can BigBox Agency quantify the level of increased traffic or sales or give any guaranteed positioning as a result of the Services; and 

 

(8) BigBox Agency does not own or control any directories to which the Website may be submitted, and no refunds will be given in the event of any refusal to include the Website in any directory database. 

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12.5 The Client undertakes that the Website shall not be used directly or indirectly for any unlawful purpose. Unlawful purposes are deemed to include but are not limited to:  

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• civil and criminal offences of copyright and trademark infringement;  

• transmission or display or posting of indecent, obscene or pornographic material;  

• commission of any criminal offence (including deliberate transmission of computer viruses) under the Computer Misuse Act 1990 or similar legislation in any country;  

• any transmission or display or posting of any material which is defamatory, offensive, or is of an abusive or menacing character;  

• use of the Website in any manner which is a violation or infringement of the rights of any individual, firm or company within the United Kingdom and elsewhere which, for the avoidance of doubt shall include but not be limited to the use of any materials, photographs and/or images without obtaining the prior consent of any relevant third party;  

• the use of the Website for purposes generally deemed to be unacceptable, including spamming, hacking, phreaking, password cracking, pirated software, ROMS, emulators, or IP spoofing or providing “links” or “how to” information to such material. 

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12.5.1 The Client will indemnify BigBox Agency against all and any losses and costs that BigBox Agency may incur as a result of any breach of clause 12.5 above.  

 

12.5.2 BigBox Agency will ensure that that the Website complies with the laws, regulations and requirements of any country from which it can be accessed.  

 

12.5.3 If BigBox Agency has reasonable grounds for believing that there has been or that there may be a breach of these Conditions, BigBox Agency reserves the right to monitor any and all communications passing through the server. 

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12.6 The Client shall pay the charges for the website design and development services to BigBox Agency (with time for payment being of the essence) as follows: 

 

(1) the Client shall make payment of a non-refundable deposit to BigBox Agency prior to commencement of performance of the Services. The deposit payable to BigBox Agency shall be 50 % of the charges, unless otherwise agreed in writing by BigBox Agency in advance; and 

 

(2) the final 50 % of the charges shall be payable upon acceptance pursuant to clause 12.2 above.

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(3) Where any changes to the Website made by BigBox Agency or on the recommendation of BigBox Agency are altered, reversed or deleted, then the Client must notify to BigBox Agency immediately. BigBox Agency may apply an additional Charge in respect of restoration and remedial work. 

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(4) If a project is cancelled or postponed, the amount paid is retained by BigBox Agency and, if applicable, a fee for all Work completed beyond what was already paid for shall be paid by the Client. 

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12.7 Browser Compatibility

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12.7.1 BigBox Agency will ensure that any website build is compatible with the current versions of Internet Explorer, Safari and Google Chrome browsers at the time of release when viewed on a desktop PC and Mac. 

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12.7.2 Further Browser configurations (version number and device) should be specified to BigBox Agency at the time of the project. Ensuring Browser Compatibility on these additional browsers is charged at the Company’s standard hourly rate. 

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12.7.3 BigBox Agency 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 on the browsers it is designed for. 

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12.7.4 Browser Compatibility means a near representation of the original design. As the design is converted into ‘code’, this may not be an exact match. 

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12.8 Mobile Responsiveness

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12.8.1 Unless specified within the Project Proposal, BigBox Agency shall not be responsible for providing a mobile responsive website. BigBox Agency advises all Clients to ensure their websites are mobile responsive. It is the Client’s responsibility to check whether they have requested a mobile responsive design. 

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12.9. Ownership

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12.9.1 The ownership of the web pages and copyright therein shall remain with  BigBox Agency until payment in full has been received for all sums owing. Once payment has been received, ownership and copyright shall pass to the Client for page text and graphics specific to the Client.

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12.9.2 Ownership of all code used in processing web pages shall remain with BigBox Agency and it is expressly agreed that the use of such code in processing the web pages does not confer any passing of title from BigBox Agency to the Client. 

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12.10 Content 

 

12.10.1 All images uploaded to websites by the Client (via CMS, FTP or other) should be optimised (compressed file size). BigBox Agency can provide advice on the best image editing software packages, but accepts no responsibility for the performance or compatibility of Third Party software, or the results they produce. 

 

12.10.2 When BigBox Agency provide a test link, it is the responsibility of the Client to test the functionality, read and check all copy, as well as approve the design and images used before approval is given to BigBox Agency. 

 

12.10.3 The Client shall provide legal disclaimers and privacy policies. It is the responsibility of the Client to confirm with their own legal advisers that these meet their individual requirements. BigBox Agency can provide legal disclaimers and privacy policies and will be charged extra. BigBox will send the Customer an invoice for this payment. BigBox Agency accepts no responsibility for the accuracy, relevance or currency of the disclaimers and privacy policies. 

 

12.10.4 BigBox Agency will not be held responsible for any image quality which the Client later deems to be unacceptable. BigBox Agency shall not be held responsible for the quality of any images which the Client wishes to be scanned from printed materials. Additional expenses may be incurred for any necessary action, including, but not limited to, photography and art direction, photography searches, media conversion, digital image processing or data entry services. 

 

12.10.5 BigBox Agency will not include in its designs, any text, images or other data which it deems to be immoral, offensive, obscene or illegal. All Advertising material must conform to all standards laid down by all relevant advertising standards authorities. BigBox Agency also reserves the right to refuse to include submitted material without giving a reason. If BigBox Agency includes images and/or data in good faith, and subsequently discovers them to be in contravention of its inclusion policy or any law or regulation, the Client is obliged to allow BigBox Agency to remove the offending material without hindrance, or penalty. BigBox Agency shall be held in no way responsible for the inclusion of any such material.  

 

12.11 Hosting and Domain Services   

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12.11.1 BigBox Agency offers website hosting and database hosting services through the use of Third Party suppliers services known as ‘co locating’. Whilst it is the responsibility of BigBox Agency to act in the Clients best interests when sourcing such suppliers, BigBox Agency cannot guarantee ‘up-time’ and any hosting services used on your behalf are subject to the terms and conditions of the provider. These will be provided on request. 

 

12.11.2 Whilst BigBox Agency and its Third Parties will always endeavour to give the Client the best possible level of service, BigBox Agency cannot guarantee 100% availability of service. 

 

12.11.3 BigBox Agency and its Third Parties accept no responsibility for any losses caused through a loss of service. 

 

12.11.4 If the Client fail to pay in time or misuse the service, BigBox will remove the Work done and the Services provided. The Client is under no circumstances exempted from any outstanding payments. 

 

12.11.5 BigBox Agency will not be liable for any costs to restore the Services once it has been removed. Specifically, any websites with databases will require reprogramming once they have been removed from their original server. 

 

12.11.6 Any work undertaken by BigBox Agency at the request of the Client will be charged at our standard rate of £45 per hour + VAT,  including investigations regarding problems or loss of service that are not due to the Agency or our suppliers. 

 

12.11.7 If the Client decides to move hosting away from BigBox Agency, BigBox Agency will provide as much assistance as required. This is subject to the following; 

• There is a standard Domain Transfer Fee for domain transfers of £22 per domain name. 

• Support provided by BigBox Agency in any way towards the move will be charged at our standard hourly rate £45 per hour + VAT. 

• Moves cannot take place where overdue invoices exist. During any period where unpaid invoices exist, and therefore hosting is still being provided, the hosting fee will continue to accumulate and be payable before a site can be moved.

 

12.12 Uploading the Website

 

12.12.1 BigBox Agency is responsible for uploading the Client’s website. 
 

12.12.2 BigBox Agency is not responsible for uploading the Client’s website to hosting servers not provided by BigBox Agency. Nor is BigBox Agency responsible for the hosting configuration of the Clients hosting provision if it is not with BigBox Agency. However; 

 

12.12.3. BigBox Agency agrees to upload to another provider’s servers at the BigBox Agency’s standard hourly rate. 
 

12.13 Ongoing Maintenance 

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BigBox Agency do not include ongoing maintenance in the original Quotation unless itemised as a separate item. Any Work carried out as part of a ‘Maintenance’ or as ‘Ad-Hoc’ is charged at the standard hourly rate. 

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The rest of Terms and Conditions of Service shall apply to these Particular Requirements Applying to Web Design and Development. Read the Terms and Conditions of Service here .