Terms and Conditions

The following terms and conditions apply to all services provided by Prime Blue Media to the Client.

Definitions

The Client: The company or individual requesting the services of Prime Blue Media.

Prime Blue Media: Primary designer & developer.

The Project: Web design, software development or other computer-related services being provided to the Client by Prime Blue Media

Project Completion: Completion of components outlined in project breakdown.

Launch: Upload to the server or release of materials to the Client.

Acceptance

No formal acceptance of these terms and conditions is required from any Client for them to take effect. Upon accepting a quote, the Client is considered to have reviewed and agreed to the terms outlined herein.

Kindly review these terms and conditions attentively. By purchasing or utilizing our services, you indicate your acknowledgment and acceptance of these terms and conditions.

Agreement

Prime Blue Media will commence work solely upon receipt of an agreement provided through email, telephone, mail, or fax. An ‘order’ constitutes a contract between Prime Blue Media and the client, encompassing both written and verbal agreements, including those made via telephone or email.

Please carefully review the project design, breakdown, quote, and terms & conditions to ensure that all aspects of the work are accurately included, comprehended, and mutually consented to.

Timeframes

If not specifically agreed upon with the client, the timeframe for completing the work may fluctuate, ranging from 1 to 6 months following the approval of design and plan, contingent upon the project’s scope. Project timelines will be deliberated with the client prior to commencement. Prime Blue Media will endeavor to complete the project promptly.

To ensure the delivery of a high-quality outcome, please allocate adequate time for project completion.

Content

Throughout the project, Prime Blue Media will request the Client to furnish website content, including text, images, movies, and sound files. As a small business, maintaining efficiency necessitates adherence to our scheduled programming. At times, we may need to decline other work offers and inquiries to ensure timely completion of the Client’s project.

We therefore urge the Client to provide all necessary information in advance. In instances where progress on your website is hindered due to delayed submission of required information within the agreed timeframe, resulting in a delay for us, we reserve the right to levy a surcharge of up to 25%. For projects involving Search Engine Optimization (SEO), timely provision of text content is crucial for efficient planning and execution of SEO strategies.

Should the Client agree to furnish us with the necessary information and subsequently fail to do so within one week of project commencement, we reserve the right to terminate the project, with any outstanding balance becoming immediately payable.

Please be advised that text content should be submitted as a Microsoft Word, email, or similar document, with each page mirroring the content of the corresponding pages on your website, bearing identical titles as agreed upon. Contact us for any clarifications on this matter.

Clients utilizing a content management system will have the capability to independently maintain and update their content.

Standard Media Delivery

Unless explicitly stated otherwise in the project quotation, this Agreement presumes that the Client will furnish all text in electronic format and provide all photographs and graphics physically in high-quality print, suitable for scanning, or electronically in .gif, .jpeg, .png, or .tiff format. While Prime Blue Media will make every reasonable effort to return any images or printed materials provided by the Client for the creation of the website, we cannot guarantee their return.

Web Design

While every effort will be exerted to ensure the website, scripts, or programs are error-free, Prime Blue Media cannot be held liable for any losses incurred due to website malfunction or any of its components.

Scripts, CGI applications, PHP scripts, or software created by Prime Blue Media are copyrighted and may only be commercially reproduced or resold with our explicit permission.

Prime Blue Media disclaims responsibility for any copyright infringements arising from materials submitted by the client. We reserve the right to decline any copyrighted material unless adequate proof of permission is provided.

Additions to the brief will be executed at our discretion, and while we may not charge for such additions, we accept no responsibility for ensuring their error-free implementation. Correction of errors or further additions may incur charges.

The client agrees to promptly provide all materials necessary for completing the site to the agreed standard and within the set deadline.

Prime Blue Media will not be liable for any costs, compensation, or loss of earnings resulting from missed deadlines.

We will not be involved in disputes between the site owner and their clients and cannot be held responsible for any wrongdoing by the site owner or their appointed agents.

Prime Blue Media will not be liable for any costs, compensation, or loss of earnings resulting from work carried out on behalf of the client or their appointed agents.

We will not be liable for any costs, compensation, or loss of earnings due to the unavailability of the site, its servers, software, or any material provided by our agents.

Database, Application and E-Commerce Development

Prime Blue Media disclaims responsibility for any losses arising from the use of software created for the client. While we take utmost care to ensure our products are problem-free and accurate, the client bears the ultimate responsibility for ensuring the correct functioning of all software before deployment.

In cases where applications or sites are developed on servers not recommended by Prime Blue Media, the client is expected to furnish any necessary information, additional software, support, or cooperation required for proper development. For extensive applications, the client must provide a suitable testing environment identical to the final production environment.

The client is required to conduct thorough testing of any application or programming associated with a site developed by Prime Blue Media before it is made available for general use. Should any “bugs,” errors, or other issues arise after the site goes live, Prime Blue Media will make efforts (though not obligated) to rectify them to meet the functional standards outlined in the project brief.

Charges

The charges for services offered by Prime Blue Media are outlined in the project quotation sent to the Client via email. These quotations remain valid for thirty (30) days. After this period, Prime Blue Media reserves the right to modify or decline to provide a quotation. The prices quoted are estimates and may change during the design and build process. This could occur if the client decides to alter any aspect of their requirements or if there are third-party costs beyond Prime Blue Media’s control.

Any fees incurred for international payments or bank transfers are the responsibility of the client. Therefore, these charges must be settled by the client in addition to the invoiced amounts from Prime Blue Media. Consequently, Prime Blue Media does not accept ‘shared charges’ for international bank transfers or payments.

Payments

For subscription plans encompassing design, development, hosting, continual support, and unlimited developer access, prepayment is required on each anniversary (one month, one year, or another mutually agreed period) from the account’s establishment date. Billing will automatically renew indefinitely until the Client terminates their account. Payments made to Reliable for ongoing support, hosting, and unlimited plans are non-refundable.

Any extra additions or modifications beyond the project breakdown requested by the client will not extend the deadline for the remaining balance payment.

Delays in the estimated project timeframe caused by the client will not extend the deadline for the remaining balance payment. Similarly, delays in project completion attributable to the client will not extend the deadline for the remaining balance payment.

Payment for services is accepted via a payment processing platform (GoCardless). If the Client is unable to use the system due to geographical restrictions of the platform, Prime Blue Media will offer an alternative method for collecting payments.

It is Prime Blue Media’s policy that all outstanding accounts must be settled in full no later than seven (7) days from the invoice date, unless prior arrangements have been made with Prime Blue Media.

Accounts remaining unpaid after fourteen (14) days from the invoice date will incur a service charge equal to the higher of one and one-half percent (1.5%) of the total amount due or £30 per month.

Clients will be contacted via email and telephone to remind them of outstanding payments if they are not received by the due date.

Failure to settle accounts or contact Prime Blue Media regarding payment delays may result in denial of access to the related website, removal of work performed, and deletion of web pages. In such cases, Prime Blue Media reserves the right to pursue payment through legal channels, which may lead to court judgments affecting the client’s credit rating.

In cases of persistent non-payment, our solicitors will engage with the client to pursue legal action, potentially leading to court summons if necessary.

Cancellations

In the event of a subscription being canceled by either party due to conflict, unforeseen circumstances, or any other reason, the canceling party may do so at any time. If the Client terminates the project, they are obligated to compensate Prime Blue Media for any completed work up to the cancellation date.

Should Prime Blue Media cancel a project, the Client will receive a full refund, excluding charges for any completed work up to the cancellation date.

Upon cancellation by either the Client or Prime Blue Media, all work completed up to that point is considered successfully delivered, and any post-delivery support is forfeited.

Refund Policy

Payments made for subscriptions covering design, development, ongoing hosting, and support that were made 60 days after the project development commencement date are non-refundable. However, if the Client requests a refund within 60 days of the project development commencement date, Prime Blue Media will refund the payments made by the client during that 60-day period as part of the 60-day money back guarantee.

Default

Accounts that remain unpaid for thirty (30) days following the invoice date will be deemed in default. In the event of default, if the Client maintains any information or files on Prime Blue Media’s Web space, Prime Blue Media may, at its discretion, remove all such material from its servers. Prime Blue Media shall not be held liable for any loss of data resulting from the removal of such services. Removal of such material does not release the Client from the obligation to settle any outstanding charges on their account. Clients with defaulted accounts agree to reimburse Prime Blue Media for reasonable expenses, including legal fees and collection costs incurred in enforcing these Terms and Conditions.

Client Review

During the design phase, Prime Blue Media will afford the Client the opportunity to review the website’s appearance and content. Additionally, once the overall project development is finished, but before the materials are uploaded to a server or released to the Client, another review opportunity will be provided. The Client is required to notify Prime Blue Media of any necessary amendments within 7 days of design completion and 7 days of project development completion. Upon project completion, the materials will be considered accepted and approved if no further amendments are requested within this timeframe.

Additional Work and Expenses

Immediate confirmation is requested if any alterations are needed to the project breakdown and previously provided quote. Any changes made subsequent to the quote approval, such as design modifications or additional materials, will result in additional charges.

The Client agrees to compensate Prime Blue Media for any supplementary expenses incurred for the completion of the work. This may include expenses such as special fonts, stock photography, plugins, etc.

Web Browsers

Prime Blue Media strives to ensure that websites are crafted to be accessible to the majority of visitors. Our websites are designed to be compatible with the most commonly used browsers such as Mozilla Firefox, Microsoft Edge, Google Chrome, etc. However, the Client acknowledges that Prime Blue Media cannot guarantee flawless functionality across all browser software and operating systems.

Prime Blue Media cannot be held responsible for web pages that may not display correctly in new versions of browsers released after the website has been designed and delivered to the Client. Therefore, Prime Blue Media retains the right to provide a quote for any necessary work involved in adjusting the website design or code to ensure compatibility with updated browser software.

Passing of Rights

Upon successful monthly payments and clearance of all amounts owed to us, you are granted the rights to utilize, as applicable, the products and services provided, including the website encompassing text, graphics, animation, audio components, and digital elements contained within the finalized website, in accordance with these terms and conditions, the Project Agreement, and any relevant agreements, terms, or licenses. However, no ownership rights are transferred unless explicitly stated in the Project Contract.

The aforementioned rights shall not transfer until all outstanding amounts owed to us are settled. Failure to pay the invoice in full within 2 months from the invoice date will result in forfeiture of your rights.

The rights to photographs, graphics, and any third-party items such as source code always remain the property of their respective owners.

Unless explicitly stated in the Project Contract with our written agreement, all products, including Content Management Systems, interfaces, navigational devices, menus, menu structures or arrangements, icons, help, operational instructions, scripts, CGI applications, software, programming/source code, and all other components of any source or object computer code comprising the Website, as well as all literal and non-literal expressions of ideas affecting the Content and design elements used or developed, and all software, products, and results of our services, remain our property. We retain full ownership rights and all intellectual property rights. You agree not to engage in any actions that may infringe upon or undermine our rights, title, or interest in the Website or our products and services. This includes, but is not limited to, any sale, transfer, or gifting of the whole or any part of any item, data, or other property owned by us. You understand that we may reproduce, reuse, develop, and use anything within our ownership in any manner we see fit.

Design Credit

At the bottom of the Client’s website, there will be a link to the Prime Blue Media website, either in small text or represented by a small graphic. Should a graphic be employed, it will be crafted to harmonize with the overall site design. If the client requests the removal of the design credit, a nominal fee of £500.  Additionally, the Client consents to the inclusion of the website developed for them in Prime Blue Media’s portfolio and other marketing materials.

Access Requirements

If the Client’s website is to be hosted on a third-party server, Prime Blue Media requires temporary read/write access to the Client’s storage directories, which must be accessible via FTP (File Transfer Protocol). Depending on the project’s specific requirements, additional resources may also need to be configured on the server.

Post-Placement Alterations

Prime Blue Media is not liable for any modifications made by a third party to the Client’s pages after installation. These modifications encompass additions, modifications, or deletions, among other alterations.

Domain Names, Website Hosting & Other Subscription Services

Prime Blue Media has the option to procure domain names, website hosting, or other subscription services for the Client. However, it is the Client’s responsibility to manage payment and renewal for these services. Prime Blue Media bears no responsibility for any loss, cancellation, or other consequences resulting from non-payment or late payment of domain names, website hosting, or other subscription services. It is advised that the Client keeps track of payment due dates to ensure timely payment.

Privacy Policy

For further details, please refer to our comprehensive privacy policy.

Abuse

We reserve the right to restrict or cease your access to support or terminate services if, at our discretion, we find that you have engaged or are engaging in behavior that constitutes misuse of support or services, or mistreatment of Prime Blue Media team members.

Termination

Client-initiated termination of services must be formally requested through written notice and will be considered effective upon receipt of such notice.  The Client will be billed for project work completed up to the date of the initial cancellation notice, with payment due in full within thirty (30) days.

In the event that the client has made advance payments, no refunds will be issued for project work completed up to the date of the initial cancellation or termination notice.

Client-initiated termination of services may also incur additional charges, including but not limited to the expenses associated with transferring website hosting, domain names, or other services from Prime Blue Media to another provider.

General

These Terms and Conditions override all prior representations, understandings, or agreements. The Client’s signature below or payment of an advance fee signifies agreement to and acceptance of these Terms and Conditions. Payment online constitutes acceptance of our terms and conditions.

Governing Law

These terms and conditions shall be governed by and construed in accordance with [E.U Law].

Liability

Prime Blue Media hereby disclaims any liability, including that of its employees and agents, for:

• Loss or damage arising from inaccuracies;
• Loss or damage resulting from omissions;
• Loss or damage resulting from delay or error, regardless of whether it stems from negligence or another cause during the production of the website;
• Loss or damage to clients’ artwork/photos provided for the site, irrespective of whether the loss or damage arises from negligence or other causes.

The total liability of Prime Blue Media to the Client for any claim or breach of this Agreement, whether arising from negligence or otherwise, shall be limited to the charges paid for the Services under this Agreement related to the breach.

Severability

If any provision of this Agreement is deemed invalid, illegal, or unenforceable, the remaining provisions shall remain unaffected, and the Agreement shall not be void solely due to this reason. The invalid, illegal, or unenforceable provision shall be substituted with a mutually agreeable provision that is valid, legal, and enforceable, and which best reflects the intentions of the parties underlying the invalidated provision.