Terms and Conditions
We don’t want to bog you down with small print so we’ll try to word everything out as simply but concisely as possibly without any ambiguity. If there are any areas of these terms and conditions that you are unsure of, please don’t hesitate to get in touch with us as we can go over them with you.
In short, you are agreeing to an ongoing monthly charge for us to build, host, maintain and secure your website. There are no additional charges (unless you order additional work or services) and whilst you are committing to a 12-month minimum term with us, if for any reason you would like to terminate the contract early there is a £200 break-out fee.
Terms of Service (Web Design)
The following terms and conditions apply to all website development / design services provided by Spotlight Studios Limited trading as “Bitesize Websites” to the Client.
It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.
Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.
Charges for services are based on your chosen subscription level and are to be paid one month in advance for the upcoming month. The minimim term is for 12 months and if you wish to terminate your contract within this period Bitesize Websites reserves the right to charge a break-out fee of £200.
2.1 ADDITIONAL CHARGES
Charges for additional services to be provided by Bitesize Websites are defined in the project proposal that the Client receives via e-mail. Quotations are valid for a period of 30 days. Bitesize Websites reserves the right to alter or decline to provide a proposal after expiry of the 30 days.
Bitesize Websites reserves the right to invoice for all the project once development is complete and the only remaining work to be done is awaiting on content from the client.
Payment for services is due via Cheque, Credit Card, PayPal, Direct Debit or Bank Transfer. Cheques incur a surcharge of £20 and should be made payable to Bitesize Websites Limited and sent to Bitesize Websites Limited, Re:Center, Bradford, BD7 1DP. Credit Card, PayPal and Direct Debit payments can be completed from within the Client Portal and Bank details will be made available at the bottom of all invoices.
2.2 ONGOING SUPPORT / SMALL AD HOC TASKS
Unless otherwise agreed with the Client, any ongoing support or small ad hoc tasks on a live (public facing) website where the lead time is likely to extend beyond two (2) weeks is subject to an upfront payment. At the sole discretion of Bitesize Websites or where an agreement is in place any smaller tasks where the lead time is unlikely to exceed beyond two (2) weeks may be paid upon completion of the agreed work.
3. CLIENT REVIEW
Bitesize Websites will provide the Client with an opportunity to review the appearance and content of the website during the design phase and once the overall website development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies Bitesize Websites otherwise within ten (14) days of the date the materials are made available to the Client.
Bitesize Websites will make all attempts to deploy the Client’s website within the date range specified in the project proposal, or at a date agreed with the Client upon Bitesize Websites receiving the initial payment. Once the scope of work has been agreed changing any aspects will likely involve additional cost and will cause subsequent delays.
In return, the Client agrees to delegate a single individual as a primary contact to aid Bitesize Websites with anything that is required to complete the project in a satisfactory and expedient manner. During the project, Bitesize Websites will require the Client to provide website content; text, images, movies and sound files.
5. WEBSITE CONTENT
Bitesize Websites requires you to provide all the relevant information in advance. On any occasion where progress cannot be made with your website because we have not been given the required information in the agreed time frame, and we are delayed as result, we reserve the right to impose a surcharge and/or place your project on hold. If your project involves Search Engine Optimisation we need the text content for your site in advance so that the SEO can be planned and completed efficiently.
IMPORTANT: Text content should be supplied as a Microsoft Word or Email with the pages clearly presentenced via titles or document names. These pages should have the same titles as the agreed website pages. Please Contact us if you need any further clarification.
Using our project management system, you can easily supply content and manage versions where necessary.
6. MEDIA DELIVERY
Unless otherwise specified in the project proposal, this Agreement assumes that any text will be provided by the Client in electronic format and that all photographs and other graphics will be provided physically in high quality print suitable for scanning or electronically in .jpeg, .png or .svg format.
7. DESIGN CREDIT
A link will appear in either small type or by a small graphic at the bottom of the Client’s website. If a graphic is used, it will be designed to fit in with the overall site design. The Client also agrees that the website developed for the Client may be presented in Bitesize Websites portfolio.
Invoices will be provided by Bitesize Websites upon completion of any agreed work. Unless a genuine disagreement is raised by the client (in relation to the agreed work), accounts that remain unpaid are subject to late payment fees and or the termination of your subscription.
9. ADDITIONAL EXPENSES
Client agrees to reimburse Bitesize Websites for any additional expenses necessary for the completion of the work. Examples would be the purchase of specific fonts, stock photography, meetings etc.
10. WEB BROWSERS
Browser testing no longer means attempting to make a website look the same in browsers of different capabilities or on devices with smaller sized screens. It does mean ensuring that a person’s experience of a design should be appropriate to the capabilities of a browser or device.
Bitesize Websites makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Internet Explorer 8 & 9, Google Chrome, etc.). Client agrees that Bitesize Websites cannot guarantee correct functionality with all browser software across different operating systems.
Bitesize Websites cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website has been designed and handed over to the Client. As such, Bitesize Websites reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.
A responsive design that adjusts for mobile browsing use what is known in the industry as “breakpoints”, these identify when the format of a page should be altered. The dimensions we use are widely accepted and therefore if a certain devices has a display issue then we are not held liable for rectifying this. Modifying default breakpoints may have adverse effects on other devices, but if you would like the breakpoints on your website modifying (or additional ones added in) to accommodate a certain device we can provide a separate estimate for that.
11. SUPPORT SERVICES
During the first thirty (30) days after the website is made live Bitesize Websites shall provide up to five (5) hours of Support Services at no additional cost to Client. Support Services means commercially reasonable technical support and assistance to maintain and update the Deliverables, including correcting any errors or Deficiencies.
The services in the first thirty (30) days do not include enhancements to the Project or other services deemed outside of the original scope of work, these will be billed on a time and materials basis at the current hourly rate.
The Client retains 100% ownership of the site content (text, files and graphics), and grants Bitesize Websites the rights to publish and use such material.
The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting Bitesize Websites permission and rights for use of the same and agrees to indemnify and hold harmless Bitesize Websites from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions.
In the event Bitesize Websites have supplied selected royalty free images the license is limited for website use only and must not be used elsewhere including another website owned by the client. Any additional use or misuse of the royalty free images supplied by Bitesize Websites (i.e. inside publications) would indemnify and hold harmless Bitesize Websites from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions.
Bitesize Websites will retain copyright over the main website infrastructure that the client’s website is built on. Because the website is not isolated and is part of a collective group of websites that have a centralised core it is not possible for a client’s website to be transferred away from the network.
Bitesize Websites reserve the right to use any part of the source code for future projects and/or commercial products unless otherwise agreed.
All material considered confidential by either party shall be designated as confidential. Confidential Information shall not be disclosed to third parties and shall only used as needed to perform this Agreement. Confidential Information shall not include any information that is already known by the recipient, becomes publicly known through no fault of the recipient, or is received from a third party without a restriction on disclosure.
14. SEARCH ENGINE LISTINGS
Our websites are built with SEO in mind which allows search engines to index them at their discretion. If you require search engine optimisation at any point we can provide additional support upon request. We do not guarantee listings on Search Engines and the customer accepts that it is Search Engines and not Bitesize Websites that determine whom they list and whom they will not. The Customer further understands there is no guaranteed placement or rank on the Search Engines and that a new website may takes several weeks, months or may never even appear on some Search Engines at all.
Cheques returned for insufficient funds will be assessed a return charge of £25 and the Client’s account will immediately be considered to be in arrears until full payment is received. Clients with accounts in arrears agree to pay Bitesize Websites reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Bitesize Websites in enforcing these Terms and Conditions.
Service will remain ongoing unless the client has requested their right to terminate
Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. Telephone requests for termination of services will not be honoured until and unless confirmation is received in writing. The Client will be invoiced for all work completed up to the date of first notice of cancellation for payment in full within fourteen (14) days. If the project is on track and within fourteen (14) days of the project deadline Bitesize Websites reserves the right to request full payment up cancellation.
The Client must allow Bitesize Websites to remove any premium licensing before final termination and under no circumstances is the client able to continue using licenses registered to Bitesize Websites unless an agreement has been reached.
17. THIRD PARTY
It is not possible for third parties to access any websites code. In the event that a third party is required to install something on a clients website, permission must first be saught and they will not receive any additional permissions than the client.
In circumstances where Bitesize Websites were informed of third party access and subsequently agreed, Bitesize Websites recommends a backup is taken and the use of a development environment is utilised (subject to additional fees). Bitesize Websites cannot accept responsibility for any alterations caused by a third party occurring to the Client’s website or specific pages once installed. Such alterations include, but are not limited to additions, modifications and/or deletions.
If a problem is encountered at any point that relates back to the third-party work, Bitesize Websites recommends you seek advice from the third-party provider. Bitesize Websites expertise/assistance can be requested on a chargeable basis to either restore a working backup and/or to help diagnose the issue.
All Bitesize Websites services may be used for lawful purposes only. You agree to indemnify and hold Bitesize Websites harmless from any claims resulting from your use of our service that damages you or any other party.
These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s signature or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.
20. GOVERNING LAW
This Agreement shall be governed by English Law.
Bitesize Websites will not do anything malicious or intentionally damaging to the client’s brand however we cannot guarantee that the functions contained in any of the products or services we provide will be error-free or fully functional 100% of the time and as such we cannot be held liable to you or any third party for damages, including lost profits, lack of sales, lost savings, lost reputation or other incidental, consequential or special damages arising out of the operation of or inability to operate this software, website and any other web pages, even if you have advised us of the possibilities of such damages.
Bitesize Websites hereby excludes itself, its Employees and or Agents from all and any liability from:
- Loss or damage caused by any inaccuracy;
- Loss or damage caused by omission;
- Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site;
- Loss or damage to clients’ artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.
The entire liability of Bitesize Websites to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.
This Agreement shall be governed by English Law.
Service Level Agreement
Bitesize Websites Service Level Agreement (“SLA”)
99.5% Connectivity Guarantee
Bitesize Websites guarantees that when not undergoing scheduled maintenance, the network infrastructure is available 99.5% of the time. In the event of an unplanned network failure, we’ll refund 24 hours’ service for every 300 minutes of lost connection – up to a maximum value equal to your monthly subscription charge. Any credits offered under the SLA will be allocated against your Bitesize Websites Ltd account.
4 Hour Response
Should there be a problem with your server, a qualified engineer will be working on the problem within 4 hours of being notified. In the rare event that your problem cannot be solved within 4 hours, we ensure that you’re kept up to date until the problem is resolved.
Business & Managed Hosting
100% Connectivity Guarantee
Bitesize Websites guarantees that when not undergoing scheduled maintenance, the network infrastructure is available 100% of the time. In the event of an unplanned network failure, we’ll refund 24 hours’ service for every 60 minutes of lost connection – up to a maximum value equal to your monthly subscription charge. Any credits offered under the SLA will be allocated against your Bitesize Websites Ltd account.
2 Hour Response
Should there be a problem with your server, a qualified engineer will be working on the problem within 2 hours of being notified. In the rare event that your problem cannot be solved within 2 hours, we ensure that you’re kept up to date until the problem is resolved.
We will also provide a detailed overview of the issue and let you know when it will be resolved. Once the issue is resolved we make sure you have a full picture of what’s happened. An engineer’s report with full details of the issue and resolution is sent to you within 48 hours of completion.
Two Hour Hardware Replacement
In the unlikely event of unfixable server hardware failure, we guarantee that hardware will be replaced within two hours of the problem’s diagnosis. Hardware is defined as the processor(s), RAM, hard disk(s), motherboard, NIC card and other related hardware included with the server. This guarantee excludes the time required to rebuild a RAID array and the reload of certain operating systems, processors and applications. It does not include any bespoke server hosting solutions.
When you sign up for our service, we will ask you to provide contact information such as your name, address, telephone numbers, e-mail addresses, and payment information such as credit card number and expiration date.
We may ask you to complete user surveys, and to provide certain demographic information, such as age, gender, special interests, etc. You do not have to provide this type of information to use our service if you do not want to.
If you contact us for customer support, we may also ask you for information about your operating system, software and other technical matters.
When you visit our Web site we will capture your IP Address, time of and duration of visit, and time and duration of the pages on our Web site that you view. We may tie this information to the personally identifiable information we have about you.
We will also place a cookie that will identify you to us as a repeat visitor or a customer when you visit our Web site. See “What is a Cookie” below. We may tie this cookie to the personally identifiable information we have about you.
If we send you an e-mail, we may include a marker that will allow identifying e-mail that is opened and viewed.
Use of Personally Identifiable Information
We will use your personally identifiable information only as follows:
- For payment purposes and to provide customer support;
- To announce special offers or provide other information from time to time via e-mail. We may also send e-mails announcing special offers by our third parties, but we will not provide the third parties with your e-mail address or other personally identifiable information. If you do not wish to receive these e-mails, you may opt out of future e-mails at any time by following the instructions included in the e-mail;
- To improve our service and the marketing of our service. For example, we may use the information we gather from user surveys, demographic data, and web site visits to help us improve or target our Web site and customise your visit.
- We will not provide any personally identifiable information about you to any other person other than:
- a law enforcement or regulatory agency at their request;
- a person or company who acquires our business;
- third parties who perform services on our behalf (such as payment processing), subject to the third party agreeing with us that it will keep your personally identifiable information confidential;
- To our subsidiaries and affiliates, or
- As otherwise needed to protect or enforce or rights or the rights of others.
We absolutely do not transfer or sell your information for inclusion on third party e-mail or other marketing lists.
Use of Non-Personally Identifiable Information
We may share aggregate statistical data about our customers with third parties, such as advertisers or suppliers. This aggregate statistical data will not identify you personally.
Cookies In Use on This Site
What is a Cookie
A “cookie” is an alphanumeric identifier that is unique to your browser. The cookie will identify your browser to us when you visit our web site so that we may customise your visit.
Cookies and how they Benefit You
Cookies are small text files that are placed on your computer or mobile phone when you browse websites
Our cookies help us:
- Make our website work as you’d expect
- Save you having to login every time you visit the site
- Improve the speed/security of the site
- Continuously improve our website for you
- Make our marketing more efficient (ultimately helping us to offer the service we do at the price we do)
- Collect any personally identifiable information (without your express permission)
- Collect any sensitive information (without your express permission)
- Pass personally identifiable data to third parties
You can learn more about all the cookies we use below
More about our Cookies
Website Function Cookies
Our own cookies
- Making our shopping basket and checkout work
- Determining if you are logged in or not
There is no way to prevent these cookies being set other than to not use our site.
Anonymous Visitor Statistics Cookies
We use: Google Analytics
We have a number of partners who promote our service on a success-only basis (i.e. instead of paying for advertising, we pay them commissions on sales). Cookies are required to allow us to reward these partners and these cookies are usually provided by specialist companies (known as affiliate networks). Neither us, the networks, or the partner advertising or recommending our services are able to identify you personally. We ask you to support us by allowing these cookies which ultimately help us to offer you the service we do at the price we do.
Turning Cookies Off
You can usually switch cookies off by adjusting your browser settings to stop it from accepting cookies (Learn how here). Doing so however will likely limit the functionality of our’s and a large proportion of the world’s websites as cookies are a standard part of most modern websites
It may be that you concerns around cookies relate to so called “spyware”. Rather than switching off cookies in your browser you may find that anti-spyware software achieves the same objective by automatically deleting cookies considered to be invasive. Learn more about managing cookies with antispyware software.
The cookie information text on this site was derived from content provided by Attacat Internet Marketing http://www.attacat.co.uk/, a marketing agency based in Edinburgh. If you need similar information for your own website you can use their free cookie audit tool.
Security of Your Information
We store your personally identifiable information and payment information in a database which has numerous protection policies in place to ensure its security. We encrypt some sensitive data such as passwords and/or but not limited to credit card numbers.
Our service is not available to children under the age of 18, and we will not intentionally maintain information about anyone under the age of 13.
The information contained in this website is for general information purposes only. The information is provided by Bitesize Websites and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk. In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website. Through this website you are able to link to other websites which are not under the control of Bitesize Websites. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them. Every effort is made to keep the website up and running smoothly. However, Bitesize Websites takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.