Terms and Conditions
These terms and conditions apply to all the services offered by us. These Conditions
shall apply to any Agreement between the Company and the Customer relating to the
Services that Bracora provide subject to any special conditions agreed between the
Company and the Customer. These conditions must be set out in written document or
email. No verbal agreements are recognised under this contract. By provisioning
our products and services it is deemed that you have read these terms and conditions
and agreed to them.
Definitions
When ordering or engaging the services of Bracora these terms and conditions are
effective.
"We", "Us" and "Our" refers to Bracora.com.
"Clients" and "You" refers to Bracora’s customers who have purchased products and
/ or services.
“Services” work carried out by us on your behalf
“Products” these include web applications configured as web sites
“Live” refers to a stage in the development lifecycle when all the development work
has been carried out and the site is publicly viewable over the internet.
Terms
We aim to complete your design in a reasonable timeframe and to the best of our
ability. You will provide all requested information required in your web site design
in a timely fashion that allows us to comply with the agreed timeframe.
We reserve the right to refuse to build and or host a web site that is deemed inappropriate.
Bracora will be the sole judge of what is deemed to be inappropriate. This may include,
but is not limited to, the following:
- Site that infringe copyright
- Site content that is contrary to UK Law
- Site with adult oriented material including pornography
- Site that contain content that is racially or religiously distasteful
We shall submit your website to the major search engines as part of the web design
process. However clients may submit their own entries to particular search engines
if they require. No client can provide a guarantee of placement or ranking in any
given search engine but we optimise our sites by effective use of meta tags that
are used by the major search tools such as Google. We accept no responsibility or
liability if any search engine, online directory or search site chooses not to list
a client's web site.
All material, including text and images, supplied by the client will remain the
client's property. All such material will be assumed to be the property of the client.
The client is responsible for the copyright of such material that will be used in
their web site.
The copyright and intellectual property for all products and services provided by
Bracora will remain the property of Bracora unless otherwise stated in writing to
the client. This includes all the software programming required to run the site.
The copyright of images or photos used in the design will remain with their respective
owners.
Software written for a clients web site is provided 'as is' without warranty of
any kind, either express or implied, including, but not limited to, the implied
warranties of fitness for a purpose, or the warranty of non-infringement.
The Company offers support on an email basis only. We shall provide free and unlimited
support to the best of our ability on matters directly relating to the Client’s
web. This lasts as long as the Client uses the Company service to host the website.
The Company is under no obligation to provide ad-hoc support on general IT matters,
not relating to our products or services.
We reserve the right suspend without notice any websites that have not been fully
paid.
This agreement will be governed by Scottish Law
Hosting terms
We host your web site using the latest Microsoft web technology platform and we
shall use reasonable endeavours to make sure your web site is online at all times.
However we shall not, in any event, be liable for interruptions of Service or down-time
of the Server.
You will also be bound by our hosting terms and conditions and these are available
on request.
Each site, unless otherwise stated, is allowed 5GB of monthly data transfer. Clients
exceeding this on a regular basis will be asked to pay for additional bandwidth.
This is charged at £5 (GBP) per 2GB per month. Hosting charges for the first year
are included in the price of the web site design. Hosting charges after the year
are will be due on the anniversary of the contract. Standard hosting charges start
from £75 for a year
All our websites come with 1 free domain name (co.uk or .com). Any other domain
names variants will incur a small charge (details on request). Bracora will own
these domain names and they will be rented to our customers. When the domain name
expires (2 years for .co.uk and 1 year for .com) we will automatically renew this
if you are still a customer of ours. If a customer wishes to own his domain outright
then they are welcome to do this on their own or we can provide this service for
a fee (£30 per 2 years for co.uk & £20 per year for .com). We will endeavour to
remind our customers when the renewal is due but domain name renewal is the sole
responsibility of the customer.
We make no representation that the domain name you wish to register is capable of
being registered by or for you or that it will be registered in your name. You should
therefore not assume registration of your requested domain name(s) until you have
been notified that it has or they have been registered. Any action taken by you
before such notification is at your risk. You are also bound by the terms and conditions
of use applied by the relevant naming authority.
Prices and Charges
For our standard service a deposit of 20% is due before any work is undertaken.
We shall begin working on your site when we have recieved this payment. Our standard
package comes with a 30 day go-live no quibble money back guarentee subject to deductions
already paid by us to third parties. This would nornally be no more than the initial
20% deposit. Bracora reserves the right to re-sell the design to other clients if
you cancel our contract.
For the professional service you will issued a fixed quote for the work. This will
include a breakdown of what fees are payable and when. This would normally include
- initial fee
- fees due after project milestones
- completion fee
Bracora reserves the right to re-sell the design to other clients if fees are not
paid in full on completion of the project.
We expect payment by credit/debit card using our credit card processing provider
PayPal.
We reserve the right to alter prices at any time without notice. If a client has
a valid quote that has not expired they will NOT be subject to any increase.
Termination
This agreement can be terminated at any time
- by the client emailing us with a reason for termination
- by us emailing the client with a reason for termination
- by us if the client ceases trading or is bankrupt
- by us if the client fails to pay any outstanding bills
Liability
The Client agrees that the Company shall, under no circumstances, be liable for
any damages resulting from loss of income or profits arising from failure to provide
the agreed Services or Products whether the fault is with the Company or not. We
accept no liability for any loss or damage to the Client arising from any software
faults or any instruction given that is inaccurate.
You agree to indemnify the Company and will hold it harmless from and against all
loss, penalties, damages, liability, claims or expenses whatsoever arising in any
way by the Client infringing, whether knowingly or otherwise, third party rights.
We will not be responsible for damages which may result from the corruption or deletion
of data and you have sole responsibility of backing up any such data. The client
agrees to indemnify and hold us harmless from any claims and damages.
Other
By agreeing to these terms and conditions your statutory rights are not affected.
Bracora reserves the right to change or modify any of the terms and conditions contained
in the Terms and Conditions listed above.
Last updated: 15 Oct 2006