SHAPING TOMORROW'S BRANDS

Terms of Use

Branding, Marketing & Design Consultancy (BMDC Agency)

1. Definitions

1.1 “Project” refers to any work undertaken or service provided by BMDC Agency for the client, as outlined in our confirmation order email.
1.2 “Client” refers to any person, business, or organisation that uses services provided by BMDC Agency.
1.3 “Domain” refers to the website address specified by the client.
1.4 “Hosting” refers to the annual cost to keep a client’s’ website active online.
1.5 “Content” includes text and images the client requires on their website.
1.6 “Live Website” refers to the client’s’ website being accessible online.
1.7 “Agreed Keywords” refers to keywords or keyphrases decided upon for SEO services.
1.8 “Major Search Engines” include Google, MSN, Bing, and Yahoo.
1.9 “Payment Period” refers to the time BMDC Agency allows for receipt of all money the client owes.
1.10 “Open Source Software” refers to software made freely available under the GNU General Public License (GPL).

2. Contract

2.1 The contract between BMDC Agency and the client will be based on these conditions, excluding all other terms and conditions. Any changes to these conditions will have an effect if agreed upon in writing by the BMDC Agency.

3. Client Responsibilities

3.1 The client is expected to conduct sufficient research before proceeding with a website to ensure it operates legally within UK law and is not illegal in any way.
3.2 The works to be carried out will be as set out in the BMDC Agency confirmation order email.
3.3 BMDC Agency will only commence work on a project after receiving the agreed deposit payment of the quoted project fee from the client. Final payment is due upon project completion, and the website will be activated once the remaining balance is paid in full.
3.4 BMDC Agency reserves the right to determine the applicability of any refunds requested by the client. Refunds are not guaranteed.

4. Intellectual Property and Content

4.1 Images purchased by BMDC Agency on behalf of the client are for specific use only. BMDC Agency is not liable for any misuse of these images by the client or others copying, altering, or distributing the images.
4.2 BMDC Agency retains ownership of all website design and code until payment. BMDC Agency reserves the right to reuse bespoke code on other projects and may encrypt custom coding to protect intellectual property rights.
4.3 The client is responsible for ensuring that all content and images used on the website are legally compliant and free from copyright issues. Any legal claims arising from the use of content provided by the client are the client’s’ sole responsibility.

5. Hosting and Domain Services

5.1 BMDC Agency will host the client’s’ website upon receipt of full payment of hosting fees. While we strive to provide a reliable service, we do not guarantee 100% uptime, especially in technical failure beyond our control.
5.2 The client is responsible for renewing their domain names when due. BMDC Agency cannot be held liable if a domain name expires. We will make reasonable efforts to contact the client regarding domain renewals.
5.3 Hosting renewal is due annually. If the client does not pay the renewal charge within 30 days of expiration, BMDC Agency reserves the right to deactivate the website. An admin fee will apply to reactivate the website/hosting.

6. Liability

6.1 BMDC Agency is not responsible for any adverse effects on the client’s’ business operations, sales, or profitability resulting from services provided.
6.2 BMDC Agency does not guarantee specific placement or high ranking on search engines for SEO services.
6.3 BMDC Agency is not liable for loss, damage, or corruption of files or information stored on our servers or PCs relating to a client’s’ website.
6.4 Events outside BMDC Agency’s’ control (“”Force Majeure””) may affect the delivery of our services. These include internet failures, hacker attacks, power failures, legal changes, natural disasters, and other similar events.

7. Search Engine Optimisation (SEO)

7.1 BMDC Agency will use reasonable efforts to ensure that the client’s’ website pages rank on the first page of at least one major search engine for agreed keywords.
7.2 SEO services will commence on the agreed start date and continue annually unless terminated with one month’s’ notice.
7.3 Guarantees of first-page ranking are subject to the client implementing BMDC Agency’s’ recommendations and not altering the website without informing BMDC Agency. Failure to comply will void these guarantees.
7.4 If BMDC Agency fails to achieve a first-page ranking within the initial contract term, the client may claim a full refund within 30 days after the term’s completion. Refunds will be processed within 60 days of receiving the client’s’ notice.

8. General Terms

8.1 BMDC Agency will provide an expected project completion date if requested, but this is not binding.
8.2 Clients must check with BMDC Agency if open-source software is being used.
8.3 BMDC Agency is not responsible for the content or performance of clients” websites and does not endorse or approve the materials.
8.4 Any abuse or complaints regarding domains registered through BMDC Agency can be reported to [email protected]. We aim to respond within 3-5 working days.

9. Office 365 and Azure Services

9.1 BMDC Agency provides billing and general support for Office 365 and Azure products, including handling billing inquiries, licensing issues, and general queries.
9.2 For technical issues or service downtime, users should contact Microsoft 365 Support directly at https://support.microsoft.com/
9.3 BMDC Agency will address and resolve any billing or licensing discrepancies.

10. Consultation Rates

10.1 BMDC Agency’s’ consultation base rate is £100 per hour. Any work required due to a “”Force Majeure”” event will be charged at this rate, with a minimum charge of £50.

11. Governing Law

11.1 These terms and conditions are governed by and construed by the laws of England and Wales. Any disputes arising under or in connection with them shall be subject to the exclusive jurisdiction of the courts of England and Wales.

12. Amendments

12.1 BMDC Agency reserves the right to amend these terms and conditions at any time. Clients will be notified of any changes, and continued use of our services implies acceptance of the updated terms.

13. Portal Use

13.1 Acceptance of Terms

By accessing and using the BMDC Client Portal, you agree to comply with and be bound by these Terms and Conditions. If you disagree, you must not use the portal.

13.2 Use of the Portal

You agree to use the portal only for lawful purposes and in a way that does not infringe the rights of others or restrict their use of the portal. Unauthorised use of the portal may give rise to a claim for damages and/or be a criminal offence.

13.3 User Accounts

You may need to register and create an account to access certain features. You are responsible for maintaining the confidentiality of your account information and password and all activities under your account.

13.4 Privacy Policy

Your portal use is also subject to our Privacy Policy, which explains how we collect, use, and protect your personal information.

13.5 Intellectual Property

All content on the portal, including text, graphics, logos, and software, is the property of BMDC or its licensors and is protected by intellectual property laws. You may not reproduce, distribute, or create derivative works from any content without our express written permission.

13.6 Disclaimers and Limitations of Liability

The portal is provided “as is” and “as available”. BMDC makes no express or implied warranties regarding the portal’s operation or the information, content, or materials included. BMDC will not be liable for any damages arising from using the portal.

13.7 Changes to Terms

BMDC reserves the right to change these terms at any time. Any changes will be posted on this page, and your continued use of the portal constitutes your acceptance of the new terms.

13.8 Governing Law

These terms and conditions are governed by and construed by the laws of England and Wales, and any disputes will be resolved exclusively in the courts of the United Kingdom.

Updated 1st June 2024