Terms and Conditions Website Design & Development

Last updated: 20th September 2017

The following terms and conditions apply to all website design / development services provided by Bevy Technologies to the Client.

1- Acceptance

It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts an estimate, then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.

Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.

2- Payment Schedule

(2a) Custom Development

Charges for services to be provided by Bevy Technologies are defined in the project estimation that the Client receives via e-mail. Estimations are valid for the period specified in the estimation. Bevy Technologies reserves the right to alter or decline to provide an estimate after expiry.

Unless otherwise agreed with the Client, following payment schedule will apply:

  1. 30% on sign-up (secures company time)
  2. 30% on sign-off of creative design
  3. 30% on sign-off of working site (preview)
  4. 10% balance due upon completion of the work, prior to upload to the server or release of materials.

(2b) Off-the Self

  1. 100% on purchase.

3- Acceptable payment modes: Cash, Cheque, Bank Transfer & Online. Details will be made available on invoices.

4- Invoices

Invoices are normally sent via email; however, the Client may choose to receive hard copy invoices. Invoices are due upon receipt. Accounts that remain unpaid fifteen (15) days after the date of the invoice will be assessed a service charge of five percent (5%) of the total amount due.

5- Client Review

Bevy Technologies 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. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies Bevy Technologies otherwise within ten (10) days of the date the materials are made available to the Client.

6- Turnaround Time and Content Control

Bevy Technologies will install and publicly post or supply the Client’s website by the date specified in the project proposal, or at date agreed with Client upon Bevy Technologies receiving initial payment, unless a delay is specifically requested by the Client and agreed by Bevy Technologies.

In return, the Client agrees to delegate a single individual as a primary contact to aid Bevy Technologies with progressing the commission in a satisfactory and expedient manner.

During the project, Bevy Technologies will require the Client to provide website content; text, images, videos, and/or sound files.

7- Failure to provide required website content

To remain efficient, we must ensure that the work we have planned is carried out at the scheduled time. On occasions we may have to reject offers for other work and enquiries to ensure that your work is completed at the time arranged. Therefore, we ask that you provide all the required information in advance. On any occasion where progress cannot be made with your website because we have not been given the required information in the agreed period, and we are delayed as result, we reserve the right to impose a surcharge of up to 25%. If your project involves Search Engine Optimization we need the text content for your site in advance so that the SEO can be planned and completed efficiently.

If you agree to provide us with the required information and subsequently fail to do within one week of project commencement we reserve the right to close the project and the balance remaining becomes payable immediately.

NOTE: Text content should be delivered as a Microsoft Word, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website. These pages should have the same titles as the agreed website pages. Using our Project Hub, you can keep your content up to date yourself.

8- Additional Expenses

Client agrees to reimburse Bevy Technologies for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography etc.

9- Web Browsers

Bevy Technologies makes every effort to ensure websites are designed to be viewed by most visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Internet Explorer, Google Chrome, etc.). Client agrees that Bevy Technologies cannot guarantee correct functionality with all browser software across different operating systems.

Bevy Technologies cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website have been designed and handed over to the Client. As such, Bevy Technologies reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.

10- Default

Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on Bevy Technologies Web space, Bevy Technologies will, at its discretion, remove all such material from its web space. Bevy Technologies is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account. Cheques returned for insufficient funds will be assessed a return charge of US$125 and the Client’s account will immediately be in default until full payment is received. Clients with accounts in default agree to pay Bevy Technologies reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Bevy Technologies in enforcing these Terms and Conditions.

11- Termination

Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. E-mail or telephone requests for termination of services will not be honored until and unless confirmed in writing. The Client will be invoiced for work completed to the date of first notice of cancellation for payment in full within seven (7) days.

12- Indemnity

All Bevy Technologies services may be used for lawful purposes only. You agree to indemnify and hold Bevy Technologies harmless from any claims resulting from your use of our service that damages you or any other party.

13- Copyright

The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Bevy Technologies the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting Bevy Technologies permission and rights for use of the same and agrees to indemnify and hold harmless Bevy Technologies from all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. A contract for the work and/or placement shall be regarded as a guarantee by the Client to Bevy Technologies that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.

14- Standard Media Delivery

Unless otherwise specified in the project estimation, this Agreement assumes that all text will be provided by the Client in electronic format (ASCII text files delivered on floppy disk or via e-mail or FTP) and that all photographs and other graphics will be provided physically in high quality print suitable for scanning or electronically in .gif, .jpeg, .png or .tiff format. Although every reasonable attempt shall be made by Bevy Technologies to return to the Client any images or printed material provided for use in creation of the Client’s website, such return cannot be guaranteed.

15- Design Credit

A link to Bevy Technologies will appear in either small type or by a small graphic at the bottom of the Client’s website. If a graphic is used, it will be designed to fit in with the overall site design. If a client requests that the design credit be removed, a nominal fee of 10% of the total development charges will be applied. When total development charges are less than US$5,000, a fixed fee of US$500 will be applied. The Client also agrees that the website developed for the Client may be presented in Bevy Technologies portfolio.

16- Access Requirements

If the Client’s website is to be installed on a third-party server, Bevy Technologies 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.

17- Post-Placement Alterations

Bevy Technologies cannot accept responsibility for any alterations caused by a third party occurring to the Client’s pages once installed. Such alterations include, but are not limited to additions, modifications, or deletions.

18- Domain Names

Bevy Technologies may purchase domain names on behalf of the Client. Payment and renewal of those domain names is the responsibility of the Client. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of Bevy Technologies. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.

19- General

These Terms and Conditions supersede all previous representations, understandings, or agreements. The payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions.

20- Governing Law

UAE Law shall govern this Agreement.

21- Liability

Bevy Technologies hereby excludes itself, its Employees and or Agents from all and any liability from:

  1. Loss or damage caused by any inaccuracy;
  2. Loss or damage caused by omission;
  3. Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site;
  4. 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 Bevy Technologies to the Client in respect of any claim whatsoever or breach of this Agreement, whether 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.

22- Third Party Services

Bevy Technologies may require the usage of third party services – for example, credit card processing – to complete the Client’s project requirements and will ensure these services are integrated into the project and working correctly upon completion. Bevy Technologies cannot be held responsible for subsequent changes or issues with these third-party services that may result in issues on the Client’s website and may require a one-off Web Development charge before resolving any problems that may arise.

23- Severability

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.

24- Changes to our Terms and Conditions

These Terms and Conditions are effective as of 20th September 2017 and will remain in effect except with respect to any changes in its provisions in the future, which will be in effect immediately after being posted on this page.

Bevy Technologies reserves the right to add, delete, or modify any provision of these Terms and Conditions at any time without notice. Failure to receive notification of a change does not make those changes invalid. These Terms and Conditions will always be available to download or print from our website.

Contact Us

If you have any questions about our Terms and Conditions, please contact us.