BubbleWebs is a trading name of TB2 Limited (hereafter simply referred to as BubbleWebs) registered in England & Wales number 7548171.
Please note that monthly payments must be made promptly based on the agreed schedule by standing order only. Non-payment by the due date will incur an additional charge of 10% of the value of the invoice which will be applied each month until payment is made.
All money back guarantees expire 30 days after the date of booking.
Our websites are a subscription service. If you cease to make your monthly payments then your website may be removed and will no longer appear on the internet.
The client is engaging BubbleWebs, as an independent contractor for the specific web or graphic design project of developing and/or improving a web site or creating a graphic design. If required to perform services the client hereby authorises BubbleWebs to access relevant email and hosting accounts and authorises the Hosting Service to provide BubbleWebs with “full access” to the client’s account and any other programs needed for this web design project.
2. Copyright and Trademarks.
The client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to BubbleWebs for inclusion in the web or graphic design project are owned by the client, or that the client has permission from the rightful owner to use each of these elements. BubbleWebs cannot take responsibility for copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.
3. Web Site Maintenance.
All website maintenance, text, image, database and code changes will be charged at hourly rates unless a management agreement is in place. In addition unless a management agreement is in place responsibility for updating software, programmes or plugins and backing up your website and database and securing against hacks and malware is entirely the responsibility of the client.
4. Completion Date.
BubbleWebs and the client must work together to complete the web or graphic design project in a timely manner. We agree to work expeditiously to complete the web or graphic design project no later than 45 days after the client has submitted all necessary materials. If the client does not supply BubbleWebs with complete text and graphic content for this web or graphic design project within 60 days of the date this agreement was made, the entire amount of the agreement becomes due and payable. If the client still has not submitted all the required contents within 90 days after signing this agreement, an additional continuation fee of 15% of the total agreement price will be assessed for each month until the web design project is published or the client cancels the web or graphic design project in writing.
5. Web or Graphic Design Project Copyright.
Rights to clipart, photos, graphics, source code, work-up files and computer programs that are not specifically requested and designed under work for hire are not transferred to the client, and remain the property of their respective owners. BubbleWebs and its subcontractors retain the right to display graphics and other web design elements as examples of their work in their respective portfolios.
6. Web Design
6a. Compatibility – BubbleWebs can offer no guarantees of correct function with all browser software.
6b. The web design process – The client will provide BubbleWebs with a web design brief and BubbleWebs will create a website according to that brief. The web design brief must stipulate all required criteria for the website such as required design features, functionality and content layout. Where these criteria have not been explicitly stated in the written design brief it is implied by the client that no such stipulations exist and the client must therefore accept the design features, layout and functionality that BubbleWebs creates in the absence of such stipulations.
6d. Amendments – After website creation the client is permitted three rounds of amendements free of charge which will consist of content changes (text and images) and only design and layout changes which can be carried out within the inbuilt settings of the WordPress Theme in use. Design and layout changes requested which require changes to any source code are chargeable at BubbleWebs’ hourly rate.
6e. Additions to original briefs – Any design and layout changes or additions to briefs provided will be carried out at the discretion of BubbleWebs and where no charge is made by BubbleWebs for such additions, BubbleWebs accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions.
6f. Updates and website maintenance – Unless a website management agreement is in place no software or programme updates will be performed on websites by BubbleWebs on behalf of the client. It is the clients responsibility entirely to carry out updates themselves (for example updating WordPress and associated plugins).
Payments must be made promptly based on the agreed schedule. Non-payment by the due date will incur an additional charge of 10% of the value of the invoice which will be applied each month until payment is made. BubbleWebs reserves the right to remove any web design project from viewing on the Internet until payment is made. In case collection proves necessary, the client agrees to pay all fees incurred by that process. Please pay on time. All payments will be made in GBP unless agreed upon in writing by both parties.
Websites are provided as a subscription service and so cancellation of our services will result in the removal of your website form the internet. A one month notice period is required for cancellation and written notification must be provided by email to firstname.lastname@example.org or by recorded post to our office address.
9. Non-payment and refunds
Once full payment is received for a website, it is assumed that the project has been completed to the clients satisfaction and no refunds can be offered. If accounts are not settled or BubbleWebs have not been contacted regarding the delay, access to the related website may be denied and web pages removed, we will then pass such cases to the Small Claims Court to pursue payment, non payment can result in county court judgements (ccj’s) being added to the clients credit rating. Following consistent non payment of an invoice our Solicitors will contact the client in question, with a view to taking the matter further and if need be to seek payment through legal procedures, and if necessary court summons.
10. Website Hosting
No guarantees can be made as to the availability or interruption of your website hosting service by BubbleWebs and we cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss.
11. Site content
BubbleWebs reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial, and also to terminate the free hosting service should the necessity arise.
12. SEO and Website Optimization
12a. Standard web design projects: Due to external factors, such as changes to the way search engines rank websites, we cannot offer any guarantees regarding the position we will achieve for websites. The process of optimizing websites itself will bring in more traffic and hits and you’ll see visits increase to your site naturally. We cannot accept liability for any change in rankings, or drop off in the position of your website due to changes in the algorithms of the search engines or the factors that they use to rank websites.
12b. Google Guarantees: The Google.co.uk Guarantee comes into effect 12 weeks after the agreement is made. If the website has not achieved a page 1 search result in Google after this time, then the client may suspend monthly payments. Payments must then be re-instated at such time as the website appears back on the first page of results for the agreed primary search term.
12c. Google Page 1 Guarantee Definition: All page 1 Google ranking guarantees refer to organic results in Google.co.uk and on a desktop PC screen. Results will be determined by TB2 Ltd at our premises. A website is deemed to have achieved a page 1 search result if it appears anywhere on the first page results of Google.co.uk for a pre-agreed search term, excluding in the area covered by Adwords sponsored results. Results are verified using 3rd party, independent software and in the event of any discrepancy as to whether a page 1 result has been achieved, then the 3rd party results will be deemed final. Further clarification can be found on our website at http://www.bubblewebs.co.uk/google-page-1-result/.
13. Legal Notice
BubbleWebs does not warrant that the functions contained in the web design 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 BubbleWebs 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 web design project, failure of any service provider, of any telecommunications carrier, of any Internet servers, your or site visitor’s computer or Internet software, even if BubbleWebs has been advised of the possibility of such damages.
14. This Agreement.
This agreement constitutes the sole agreement between BubbleWebs and the client regarding this project. Any additional work not specified in this contract must be authorized by a written request. All prices specified in this contract will be honoured for 3 months from date offered. Acknowledgement of agreement after that time will require a review of current pricing and new agreement. This agreement supersedes any prior written or oral agreements between the parties.
This agreement may be modified or amended if the amendment is made in writing and is signed by both parties.
16. Limitation of Liability
If either of us fails to comply with these Terms, neither of us shall be responsible for any losses that the other suffers as a result, except for those losses which we or you could reasonably foresee would result from the failure to comply with these Terms.
Neither of us shall be responsible for losses that result from our failure to comply with these Terms including, but not limited to, losses that fall into the following categories:
(a) loss of income or revenue;
(b) loss of business;
(c) loss of anticipated savings; or
(d) loss of data.
This clause does not include or limit in any way our liability for:
(a) death or personal injury caused by our negligence; or
(b) fraud or fraudulent misrepresentation; or
(c) any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
(d) losses for which it is prohibited by section 7 of the Consumer Protection Act 1987 to limit liability; or
(e) any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.
17. Events outside our control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control (Force Majeure Event). A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes, in particular (without limitation), the following:
(a) strikes, lock-outs or other industrial action; or
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; or
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; or
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; or
(e) impossibility of the use of public or private telecommunications networks.
You may not transfer any of your rights or obligations under these Terms to another person without our prior written consent, which we will not withhold unreasonably. We can transfer all or any of our rights and obligations under these Terms to another organisation, but this will not affect your rights under these Terms.
All notices sent by you to us must be sent to our postal address as displayed on www.bubblewebs.co.uk. Notice will be deemed received and properly served 24 hours after an e-mail is sent or three days after the date of posting of any letter.
20. DATA PROTECTION
We will only use the personal information you provide to us to provide the Services, or to inform you about similar services which we provide, unless you tell us that you do not want to receive this information. You acknowledge and agree that we may pass your details to credit reference agencies. Calls to interpreters are not recorded however calls to our customer services telephone number may be recorded for training & quality control.
If any court or competent authority decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law. If we fail, at any time while these Terms are in force, to insist that you perform any of your obligations under these Terms, or if we do not exercise any of our rights or remedies under these Terms, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you, that will not mean that we will automatically waive any subsequent default by you. No waiver by us of any of these Terms shall be effective unless we expressly say that it is a waiver and we tell you so in writing. A person who is not party to these Terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999. These Terms shall be governed by English law and you and we both agree to the non-exclusive jurisdiction of the English courts.
Complaints should be made by email to email@example.com, by phone to Standard44(0)1905 887894 or by letter to the address listed on our website. Please include your name, address and/or contact details and the nature of your complaint. You will receive an initial response to your complaint within 48 hours and a senior member of staff will investigate and respond to your complain in detail within 7 working days.
We are committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.
We may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from 1/5/11.
What we collect
We may collect the following information:
· name and job title
· contact information including email address
· demographic information such as postcode
· other information relevant to customer surveys and/or offers
What we do with the information we gather
We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:
· Internal record keeping.
· We may use the information to improve our products and services.
· We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
· From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customise the website according to your interests.
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.
Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.
You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer.
Controlling your personal information
We will not sell, distribute or lease your personal information to third parties.
You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held on you please write to Customer Services, BubbleWebs, County House, St Mary’s Street, Worcester, WR1 1HB, United Kingdom.
If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.