Terms and Conditions

Breakfrom Limited Web Design Terms and Conditions

Authorisation.

The following terms and conditions apply to all services offered by Breakfrom Limited. By ordering services from Breakfrom Limited you are agreeing to the following terms and conditions.

The completion of payment for a project shall be deemed as a contractual agreement between the client and Breakfrom Limited.

The Project.

Breakfrom Limited cannot always guarantee to start work immediately on a project but will arrange a date with the client as to when work can commence.

All material, both text and images, supplied by the client and used in the client’s project, will remain the client’s property. All such material will be assumed to be the property of the client and free to use without fear of breach of copyright laws.

The copyright for all material provided by Breakfrom Limited, such as HTML code, PHP code, graphics, photographs and text, will remain the property of Breakfrom Limited until such time as payment has been made in full whereupon they will become the property of the client.

Initial Process.

Breakfrom Limited will initially place the client’s website on a development domain in order that the client may view and comment upon the website’s progress. When both Breakfrom Limited and the client agree that the website meets the criteria that applies to the particular project, Breakfrom Limited will invoice the client for the full amount due for the project. (Please see Payment section for more details). Upon receiving payment, Breakfrom Limited will then immediately publish the website on the client’s domain, or provide the website source files for the client to upload to their own hosting provider.

If the client’s project is to be installed on a third-party server, Breakfrom Limited must be granted temporary read/write access to the client’s storage directories, and those directories must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server. Breakfrom Limited cannot be held responsible if the project is unsuitable for the server.

If at any point during the Initial Process a client wishes to cancel, they may do so but will not be provided with any source files created by Breakfrom Limited. The cancelled project will remain on the development domain for a maximum of 30 days in which time if the client wishes to reactivate the Initial Process they may do so at no additional cost, however, any initial agreed dates to commence will be void and subject to change.
If, during the Initial Process, the client does not supply the content required in order to complete the project within a reasonable amount of time, Breakfrom Limited will take no responsibility for agreed dates not met.

Payment.

Invoices will be provided by Breakfrom Limited upon completion of the project. Invoices are sent via email and available via the Breakfrom Client Centre. If the client wishes to have a hard copy they can print one via the Breakfrom Client Centre. Invoices are due upon receipt. Accounts that remain unpaid thirty (30) days after the date of the invoice will be deemed late.

No late fees are applicable, however, Breakfrom Limited will only publish a client’s website or provide the website source files once payment is completed.

Acceptable Use.

A project will initially be installed in a shared hosting environment. If the project is receiving more than 1000 visits a day then the project will be moved to a dedicated environment. The new hosting cost will then be invoiced out to the client. Hosting costs will vary depending on the server specification. The specification will be advised by Breakfrom Limited but ultimately decided by the client.

Design Credit.

A link to ‘http://www.breakfrom.com’ will be applied to the client’s project. This link will be placed at the bottom of the page and will be coloured using the website’s colour scheme so to not stand out from the rest of the website.

Legal Notice.

Breakfrom Limited does not warrant that the functions contained in the project will be uninterrupted or error-free. The entire risk as to the quality and performance of the web design project is with the client. In no event will Breakfrom Limited be liable to the client or any third party for any damages, including, but not limited to service interruptions caused by Acts of God or any other circumstances beyond our control, any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate this project, failure of any service provider, of any telecommunications carrier, of the Internet backbone, of any Internet servers, your or project visitor’s computer or Internet software, even if Breakfrom Limited has been advised of the possibility of such damages.

Governing Law.

This Agreement shall be governed by English Law.