Terms and Conditions
The client is engaging BF Design Studio as an independent contractor for the specific purpose of developing and/or improving a website to be installed on BF Design Studio web space on an Internet Service Provider's computer. The client also authorizes BF Design Studio to submit their completed website to Web search engines.
The client understands that any web hosting services provided are limited to one calendar year from the date of payment. In order to continue hosting their website at the completion of the first calendar year the client will be required to purchase web hosting services from BF Design Studio or another provider.
Copyrights and Trademarks
The client represents to BF Design Studio and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to BF Design Studio for inclusion in Web pages are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend BF Design Studio and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.
Copyright to Web Pages
While your site is in development BF Design Studio owns the Copyright to all pages. Once your site is completed and you have paid the balance of your invoice the copyrights are then transferred to you. The only stipulation is that BF Design Studio does not permit you to resell our work without consulting us first.
Assignment of Project
BF Design Studio reserves the right to assign subcontractors to this project to ensure the right fit for the job as well as on-time completion.
Post Placement Alterations
BF Design Studio cannot accept responsibility for any alterations made by third parties to the client's pages once placed. Such alterations include, but are not limited to, additions, modifications, or deletions.
Refusal to Service
BF Design Studio reserves the right to refuse service for any material that BF Design Studio feels is not legal, moral or in the best interest of BF Design Studio, but BF Design Studio is not responsible for the content of any materials.
Errors and Omissions
BF Design Studio will use good faith to ensure pages authored by BF Design Studio are free of errors however, BF Design Studio may not be held responsible for any errors that may arise in the course of authoring any pages. BF Design Studio does not accept any liability for losses or damages arising from errors within any page or if web search submissions are not accepted. It is the client's responsibility to proof their own pages for errors and inform BF Design Studio of those along with any changes in layout requested by the client. This process must begin immediately after the pages are posted to the web host for the client to view. BF Design Studio will correct minor text changes at no charge for 30 days from the date the site is posted to the web host's server. After 30 days, changes will be charged on a per instance basis or based on the allowed changes provided for in the package which the client purchased.
Payment of Fees
Payment to BF Design Studio is due and payable on the following schedule: One half upon agreement; the balance when the web pages have been constructed according to the client's original written specifications. Submission of pages to web search engines will occur only after the final payment is made. All payments will be made in US funds. Payments must be made promptly. BF Design Studio reserves the right to remove web pages from viewing on the Internet until final payment is made. In case collection proves necessary, the client agrees to pay all fees incurred by that process (including all attorneys fees and court costs). This agreement becomes effective only when signed by BF Design Studio. Regardless of the place of signing of this agreement, the client agrees that for purposes of venue, this contract was entered into in Dade County, Florida, and any dispute will be litigated or arbitrated in Dade County, Florida.
Either party may cancel this agreement upon written notification, however any charges incurred to the date of receipt of notification shall be immediately due and payable. Charges shall be for any work in progress, contracted service fees, or software purchases made for the purpose of suiting the client's needs.
Notwithstanding anything to the contrary contained in this contract, neither BF Design Studio nor any of its employees or agents warrants that the functions contained in this web design project will be uninterrupted or error-free. The entire risk as to the quality and performance of this web design project is with the Client. In no event will BF Design Studio be liable to the Client or any third party for any damages, including, but not limited to, service interruptions caused by Acts of God, the Hosting Service or any other circumstances beyond our reasonable control, any lost profits, lost savings or other incidental, consequential, punitive, or special damages arising out of the operation of or inability to operate this web design project, failure of any service provider, of any telecommunications carrier, of the internet backbone, of any internet servers, your or your site visitor's computer or internet software, even if BF Design Studio has been advised of the possibility of such damages.
BF Design Studio reserves the right to append a small hyperlink to BF Design Studio's home page at the bottom of each page unless the client specifically requests otherwise in writing. Upon receipt of such request in writing, the client and BF Design Studio will negotiate an agreed alternative, signed & dated by both parties.
The agreement contained in these Terms of Service and our official invoice constitute the sole agreement between BF Design Studio and the client regarding this website. Any additional work not specified on our initial invoice must be authorized by a written change order. All prices specified in the agreement will be honored for six (6) months after the payment of BF Design Studio's initial invoice. Continued services after that time will require a new agreement.
BF Design Studio and the client must work together to complete the website in a timely manner. If the client does not supply BF Design Studio complete text and graphic content for all web pages contracted for within four weeks of the date of payment of BF Design Studio's initial invoice, the entire amount of the contract becomes due and payable immediately. In addition, a continuation fee of 10% of the total contract price will also be levied each month until the website is advertised.
Initial Payment, Cancellation and Refund Policy:
If the client halts work after establishing an agreement to engage BF Design Studio, the initial payment will be returned less the amount due based on the current hourly rate for work completed, or $99.00, the greater of the two. Cancellation must be in writing and is effective upon receipt at BF Design Studio. Any such notice must be mailed, e-mailed, or faxed to BF Design Studio. Work completed shall be billed at the current hourly rate. If at the time of receipt of a cancellation notice, work has been completed, the client shall be liable to pay the entire contract.
The user of this site agrees to the terms of this agreement on behalf of his or her organization or business. This Agreement constitutes the entire understanding of the parties. Any changes or modifications thereto must be in writing and signed by both parties.
Right to Refuse Service
BF Design Studio reserves the right to refuse services to anyone for any reason. This policy is enforced to ensure a professional and secure environment is maintained for all clients on our systems.
Disclosure to Law Enforcement
If we (BF Design Studio) are required by law to disclose certain information to local, state, federal, national or international government or law enforcement authorities, we will do so. If we receive a subpoena requesting a Client's information, we will notify the Client of the subpoena in a timely manner to afford the Client the opportunity to take legal action to oppose the subpoena should the Client wish to do so.
Payment of Fees
ALL PAYMENTS TO BF Design Studio ARE NON-REFUNDABLE AFTER 30 DAYS & THERE WILL BE NO CHARGE BACKS. For website hosting payment is due on an annual basis for yearly subscribers. If payment has not been made within 60 days of due date BF Design Studio reserves the right to replace the client's website with a site down message due to non payment.
Refunds and Disputes
All payments after the initial 30 days of service to BF Design Studio are non-refundable. This includes the one time setup fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported in writing within 60 days of the time the dispute occurred.
Client acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, Client agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Client further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by Client for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.
SPAM and Unsolicited Commercial Email (UCE)
BF Design Studio takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that clients of BF Design Studio may not use or permit others to use our network to transact in UCE. Clients of BF Design Studio may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service and/or fines.
Violation of BF Design Studio's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, BF Design Studio will initiate an immediate investigation (within 48 hours of notification). During the investigation, BF Design Studio may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, BF Design Studio may, at its sole discretion, restrict, suspend or terminate customer's account. Further, BF Design Studio reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. BF Design Studio will notify law enforcement officials if the violation is believed to be a criminal offense.
First violations of this policy will result in an "Administrative Fee" of $250 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $500 and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $150 per hour that BF Design Studio personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.
As our Clients are ultimately responsible for the actions of their clients over the BF Design Studio network, it is advisable that Clients develop a similar, or stricter, policy for their clients.
Suspension of Service or Cancellation:
BF Design Studio reserves the right to suspend network access to any customer if in the judgment of the BF Design Studio network administrators the customer's website is the source or target of the violation of any of the other terms of this agreement or for any other reason which BF Design Studio chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's accounts/machines were suspended.
BF Design Studio reserves the right to amend its policies at any time. All Sub-Networks, resellers and managed servers of BF Design Studio must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate cancellation. You will be held responsible for the actions of your clients in the matters described in these Terms and conditions. Therefore, it is in your best interest to implement a similar or stricter terms and conditions policy on your site.
If you have any questions please contact us. Thank you.
The BF Design Studios Team