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Website usage terms & conditions

1. Definitions

From this point forward, BurstingBox Ltd shall hereby be referred to as “BB”. The website user will be referred to as the “the user”, "you, or "your".

2. Acceptance of terms

Your access to and use of the BB web site (www.burstingbox.com) ("the Website") is subject exclusively to these Terms and Conditions. You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website.

3. Advice.

The contents of the Website do not constitute advice and should not be relied upon in making or refraining from making any decision.

4. Changes to website. BB reserves the right to:

a) change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that BB shall not be liable to you for any such change or removal; and

b) change these Terms and Conditions at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change.

5. Links to third party websites.

The Website includes links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.

6. Copyright.

a) All copyright, trademarks and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to BB or otherwise used by BB as permitted by law.

b) In accessing the Website you agree that you will access the content solely for your personal use and that you will not re-use or repackage any content for commercial purposes. None of the content may be copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non- commercial use only.

7. Disclaimers and limitation of liability.

a) The Website is provided on an "AS IS" and "AS AVAILABLE" basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

b) To the extent permitted by law, BB will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website.

c) BB makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.

d) Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of BB for death or personal injury as a result of the negligence of BB or that of its employees or agents.

8 . Indemnity.

You agree to indemnify and hold BB and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against BB arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.

9. Severance.

If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.

10. Governing law.

These Terms and Conditions shall be governed by and construed in accordance with the law of England and you hereby submit to the exclusive jurisdiction of the English courts.

Service Agreement Terms & Conditions

BurstingBox Ltd Service Agreements are subject to the terms and conditions described herein. This does not affect your statutory rights.

1. Definitions

From this point forward, BurstingBox Ltd shall hereby be referred to as “BB”.

The party whose name appears on the Service Agreement will be referred to as the “Client”. The agreement between BB and the Client shall be the “Contract" and signifies the Client’s acceptance of terms laid out by BB.

The "Service" and/or "Services" are the services provided as detailed in the quotation and/or Service Agreement.

"SEO Services" are Search Engine Optimisation Services provided by BB to the Client.

2. Variation

The terms and conditions set out in this document may be subject to amendment at any given point. If such alterations occur, the Client will be notified in writing by any pre- approved media. Queries regarding these terms should be raised by the Client before commencement of these Services and is their sole responsibility.

3. Payment

All quotations/invoices are excluded from VAT, as BB is not currently VAT registered.

a) BB Service Agreements are annually renewable and payable in advance of the renewal date unless otherwise agreed in writing.

b) BB Service Agreement payments will be invoiced at the start of the month and to be paid by the end of the month.

c) Payment must be received in full before the renewal date in order for service to continue uninterrupted.

d) At the discretion of BB, if payments are not received by the due date for payment the Client may be asked to pay BB interest on the amount unpaid and a compensation fee in accordance with the Late Payment of Commercial Debts [Interest] Act 1998 (as amended and supplemented by the Late Payment of Commercial Debts Regulations 2002). Interest is charged at the standard annual rate of 8% above the act reference rate. The amount of compensation varies according to the overdue sum: For debts of less than £999.99 the compensation is £40.00; for debt of £1000.00 to £9999.99 the compensation is £70.00 and for debts greater than £10000 the compensation amount is £100.00.

e) If payments and requested late payment interest/compensation are not received by BB by the due date(s), BB reserves the right to suspend the Client’s Service Agreement and/or other services until such time as payment is received in full (without prejudice to any other remedy available to BB).

4. Content Updates

If the Client’s Service Agreement includes content updates requests to update their content may be made by telephone, email or in writing.

In the case of an emergency we may be available out of office hours but no guarantee is provided.

a) When BB receives the Client’s update request BB will establish if the update falls within the scope of the Service Agreement, and if not, advise of the cost of the update before starting work.

b) It is the Client’s responsibility to provide us with the required information to complete your update. BB takes no responsibility for errors in content supplied by the Client for the website.

The Client grants BB permission to utilise logos and any other company identity for the purposes of creating/modifying the website.

The Client agrees to indemnify BB from any and all claims arising from their negligence or inability to obtain proper copyright permissions for all content supplied.

5. Web Hosting

a) The amount of storage and allowed bandwidth usage (traffic throughput) on the Client’s web hosting account is specified in the Service Agreement. If the specified amount is exceeded BB may contact the Client to arrange an appropriate increase in fees. At BB’s discretion this may result in an interim payment being required to continue service.

b) BB reserves the right to suspend accounts which are deemed to be abusing their systems in any way.

FTP access details to the Client’s files are issued on request.

c) Where FTP access is granted to the Client or in the case of websites where BB empower the Client to update the site, BB cannot be held responsible for the content displayed on the Client’s website. Furthermore, any use of BB web hosting services for holding and/or displaying offensive, illicit or otherwise illegal material will result in immediate suspension of the web hosting account pending investigation.

d) Under no circumstances will Telnet or SSH access be granted to end-users as this compromises server security.

e) BB guarantees uptime and service as stated by the Client’s Service Agreement SLA. This guarantee operates to the exclusion of acts of God, Government regulation, terrorism, civil disorder or other factors over which BB has no control. In the unlikely event of BB’s failure to uphold our SLA a refund will be offered in proportion to the amount of downtime incurred.

6. Email

a) BB do not offer an email service but advise all clients to use Google Businss Mail if they would like a personalised email account.

c) BB cannot and will not provide technical support for troubleshooting problems with the Client’s computer.

e) The use of BB hosting accounts for bulk emailing purposes is strictly prohibited in order to maintain server stability.

7. Domain Name(s)

a) BB will advise clients on selecting domain names and register these for them as requested at current rates but cannot guarantee that a certain name will be available.

b) BB reserve the right to make a small charge for any administrative work associated with subsequent hosting or domain name transfers into or out of their facilities.

c) Domain name renewals are made automatically as part of the Client’s Service Agreement unless BB are notified in writing 28 days in advance of the Client’s renewal date.

d) Please note that BB cannot accept responsibility if a domain name fails to be re-registered due to circumstances beyond our control.

e) Packages including a free domain name are limited to co.uk domains only unless otherwise stated, unwanted domain names cannot be exchanged for other services and no discounts will be offered.

8. Search Engine Promotion

Where BB undertakes promotion of the Client’s website through Search Engine placement no guarantee is given that rankings can be achieved on particular Search Engines. By engaging BB in the provision of Retained Services, the Client acknowledges:

a) BB 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 at any time at the sole discretion of the search engine or directory.

b) Due to the competitiveness of some keywords/phrases, on-going changes in search engine ranking algorithms and other competitive factors, BB does not guarantee positions or consistent results for any particular keyword, phrase or search term.

c) Some search engines and directories may take as long as 2 to 4 months, and in some cases longer, after submission to list the Client’s site.

d) Occasionally, search engines will stop accepting submissions for an indefinite period of time.

e) Occasionally, search engines will drop listings for no apparent or predictable reason. Often listings will “reappear” without any additional submissions.

f) It is the Client’s obligation to BB to ensure that all data provided is accurate and comprehensive. BB does not accept liability for missing or malformed data supplied by the Client.

g) The Client agrees to indemnify BB from any and all claims arising from negligence or inability to obtain proper copyright permissions for any and all content supplied by them to BB.

9. Cancellation

If the Client wishes to cancel the Service Agreement, they are required to do so in writing before the renewal date of your Service Agreement. Cancellation will only be effective on receipt of such notice. Refunds for Service Agreement payments made or in progress will not be offered or made. If, BB have unbilled work at the point of cancelling the Monthly agreement BB reserves the right to invoice the Client for this work.

10. Internet Connection

BB is not responsible for establishing or troubleshooting the Client’s Internet facility which provides their Internet connection. This is the responsibility of the Client’s Internet Service Provider.

11. Reservations

BB reserves the right to withdraw services at any time subject to 28 days written notice.

12. Warranties

BB makes no warranties of any kind, whether express or implied, for the services it provides other than for technical errors and oversights. BB will not be responsible for any direct, indirect or consequential damages that may result from the use of its services, including loss of data resulting from delays, non-delivery or interruption in service. The Client acknowledges and agrees that BB cannot guarantee the absence of service interruptions caused by Acts of God or other circumstances beyond their control.

13. Indemnity

All services may be used for lawful purposes only. The Client agrees to indemnify and hold BB harmless from any claims resulting from use of our service that damages the Client or any other party.

14. Liability

BB’s total liability to the Client in contract or in tort arising in connection with this Contract shall not exceed the total price paid by the Client. BB shall have no liability for loss of profits, business, revenue, goodwill or anticipated savings nor for any other indirect or consequential loss.

15. Rates and Time Allocation

The terms of the Contract state that the Client has an allotted period of pre-agreed hours in which work is to be undertaken on the project. Any time left over at the end of the agreed period cannot be rolled over into the next period; furthermore any additional work undertaken outside of this will incur an additional hourly charge, in the event of which the Client will be notified. The Client will be given the option to continue with the work or cease until the start of the next period.

16. Standard charges

In the absence of agreed rates BB’s standard rates will apply.

Website Development Terms & Conditions

BurstingBox Ltd website development is subject to the terms and conditions described herein. This does not affect your statutory rights.

1. Definitions

From this point forward, BurstingBox Ltd shall hereby be referred to as “BB”.

The party whose name appears on the proposal or quotation documentation will be referred to as the “Client”.

The agreement between BB and the Client shall be the “Contract" and signifies the Client’s acceptance of terms laid out by BB.

The “Project" and/or "Development" is the work to be undertaken as stated in the Contract and is limited to such unless prior consent is obtained and agreed upon. This will lead to a new Contract being devised.

“Corporate Image” is any logos, colour schemes and company wording that the Client uses to identify itself with the target audience.

2. Variation

The terms and conditions set out in this document may be subject to amendment at any given point. If such alterations occur, the Client will be notified in writing by any pre-approved media. Queries regarding these terms should be raised by the Client before commencement of any work on the Project and is their sole responsibility.

Content

a) It is the Client’s obligation to BB to ensure that all data provided is accurate and comprehensive. BB does not accept liability for missing or malformed data contained within the finished Project.

b) The Client grants permission for BB to utilise their Corporate Image for the purposes of the Development.

c) The Client agrees to indemnify BB from any claims that may occur as a result of copyright infringement or similar unlawful acts due to the information supplied by the Client to BB.

d) BB reserve the right to place a link on the Client’s finished project as credit for the work undertaken in the development and hosting thereof. BB will endeavour to make this in keeping with the overall design of the project.

3. Design and development

a) We will provide you with our estimated timescale for progress and completion of the project and will use reasonable endeavours to meet those timescales.

b) We shall have no liability to you nor be deemed to be in breach of this Contract if we are delayed in performing or unable to perform any of our obligations under it due to circumstances beyond our reasonable control. This includes delays incurred by slow or failed communication.

c) The price quoted in your proposal/quotation is a fixed price for the works as specified in the proposal/quotation. If no additional features are requested during development the quoted price is the price you will pay. However, if additional features are requested additional charges may be made at our discretion.

d) If additional charges are deemed necessary at any stage in the development process we will always notify you beforehand and give you the option of either incurring the fees or declining the feature/work.

4. Payment

a) New development projects require a deposit payment with order. This deposit must be received before project commencement. The balance of fees will be invoiced either on completion of the project or in accordance with the individual payment terms specified in your proposal/quotation.

b) All fees referred to in the proposal and these terms are exclusive of Value Added Tax or its International equivalent, as BB is not currently tax registered.

c) If payments are not received by the due date for payment as stated on your invoice you may, at our discretion, be asked to pay us interest on the amount unpaid and a compensation fee in accordance with the Late Payment of Commercial Debts [Interest] Act 1998 (as amended and supplemented by the Late Payment of Commercial Debts Regulations 2002). Interest is charged at the annual rate of 8% above the act reference rate. The amount of compensation varies according to the overdue sum: For debts of less than £999.99 the compensation is £40.00; for debt of £1000.00 to £9999.99 the compensation is £70.00 and for debts greater than £10000 the compensation amount is £100.00.

d) If payments and subsequent late payment interest/compensation are not received by us by the due date(s) we reserve the right to suspend your Service Agreement and/or other services until such time as payment is received in full (without prejudice to any other remedy available to us).

5. Rights

a) You retain ownership of copyright, trademarks and other intellectual property rights in materials that you provide to us for use in the development.

b) All copyright, trademarks, patents created, developed, subsisting or used in or in connection with the design and development of the project will be transferred to you on settlement of all outstanding sums due.

c) Ownership of the Intellectual Property Rights of the development/programming code/design will remain with BB until all outstanding sums due to BB have been paid in full, whereupon ownership will transfer to you.

d) Intellectual Property Rights of the development/programming code/design are not transferable to any third parties and furthermore, any associated software/systems may not be re-distributed, sold or rented unless otherwise agreed by BB in writing.

6 .Cancellation

If you wish to cancel your project you are required to do so in writing giving 1 months’ notice. Cancellation will only be effective on receipt of such notice. If the development is not complete at the time of cancellation you will be required to pay the balance incurred to date. Any payments already paid to BB are non-refundable.

7. Reservations

BB reserves the right to withdraw services at any time subject to 28 days written notice.

8. Warranties

BB makes no warranties of any kind, whether express or implied, for the services it provides other than for technical errors and oversights. BB will not be responsible for any direct, indirect or consequential damages that may result from the use of its services, including loss of data resulting from delays, non-delivery or interruption in service. You acknowledge and agree that BB cannot guarantee the absence of service interruptions caused by Acts of God or other circumstances beyond our control.

9. Indemnity

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

10. Liability

Our total liability to you in contract or in tort arising in connection with this Contract shall not exceed the total price paid by you. We shall have no liability for loss of profits, business, revenue, goodwill or anticipated savings nor for any other indirect or consequential loss.

11. Rates and Time Allocation

The terms of the Contract state that the Client has an allotted period of pre-agreed hours in which work is to be undertaken on the project. Any time left over at the end of the agreed period cannot be rolled over into the next period; furthermore any additional work undertaken outside of this will incur an additional hourly charge, in the event of which the Client will be notified. The Client will be given the option to continue with the work or cease until the start of the next period.

12. Standard charges

In the absence of agreed rates BB’s standard rates will apply.

Privacy Policy

BB is committed to protecting your privacy and maintaining the security of any personal information received from you. We strictly adhere to the requirements of the data protection legislation in the UK.

The purpose of this statement is to explain to you what personal information we collect and how we may use it.

1. Definitions

From this point forward, BurstingBox Ltd shall hereby be referred to as “BB”. The website user will be referred to as the “the user”, "you", or "your".

2. Advice

When you contact BB for advice or to request a quote we need to know your name, contact details, telephone number and e-mail address so that we can fulfil your request. You have the option to withhold personal information that is not required for the request.

3. Personal Information

We may use your personal information to update you about new products/services provided by BB. We will only contact you with your consent. We do not sell, rent or exchange your personal information with any third party for commercial reasons.

4. Sensitive Information

We do not collect sensitive information about you except when you specifically knowingly provide it. In order to maintain the accuracy of our database, you can check, update or remove your personal details by contacting BB at any time.

5. Security Procedures

We follow strict security procedures in the storage and disclosure of information which you have given us, to prevent unauthorised access in accordance with the UK data protection legislation.

6. Cookies

Cookies are small text files stored on your computer when you visit certain web pages. At burstingbox.com we use cookies to keep track which pages you have visited, and to remember you when you return to our site. Please note that cookies can't harm your computer in any way. We don't store personally identifiable information in cookies we create, but we do use encrypted information gathered from them to help improve your experience of the site. For example, they help us to identify and resolve errors, or to determine relevant related products and services to show you when you're browsing. This information is part of our effort to comply with legislation, and to make sure we're honest and clear about your privacy when using our website.

By continuing to use this website you are giving your consent to their use, if you are unhappy with this, you must stop using this website immediately.

7. Enquiries

If you have any questions about privacy please contact us by using our contact form, emailing us or by calling us on 01226 720 769.