The Client : The company or individual requesting the services of Bing Digital Consultancy Ltd.
Bing Digital Consultancy Ltd: Primary designer/site owner & employees or affiliates.

General

Bing Digital Consultancy Ltd will carry out work only where an agreement is provided either by email, telephone, mail or fax. An ‘order’ is deemed to be a written or verbal contract between Bing Digital Consultancy Ltd and the client, this includes telephone and email agreements.

Website Design

Whilst every endeavor will be made to ensure that the website and any scripts or programs are free of errors, Bing Digital Consultancy Ltd cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.

The website, graphics and any programming code remain the property of Bing Digital Consultancy Ltd until all outstanding accounts are paid in full.

Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by Bing Digital Consultancy Ltd remain the copyright of Bing Digital Consultancy Ltd and may only be commercially reproduced or resold with the permission of Bing Digital .

Bing Digital Consultancy Ltd cannot take responsibility for any 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.

Any additions to briefs provided will be carried out at the discretion of Bing Digital Consultancy Ltd and where no charge is made by Bing Digital Consultancy Ltd for such additions, Bing Digital Consultancy Ltd 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.

The client agrees to make available as soon as is reasonably possible to Bing Digital Consultancy Ltd all materials required to complete the site to the agreed standard and within the set deadline.

  • Bing Digital Consultancy Ltd will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
  • Bing Digital Consultancy Ltd will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner. eg. Any disputes re content/images that have been provided to us for inclusion on the site.
  • Bing Digital Consultancy Ltd will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents.
  • Bing Digital Consultancy Ltd will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents.

A non-refundable deposit of 50% is required with all of our projects before any design work will be carried out. Unless otherwise agreed.

CANCELLATION

If the order is cancelled (for any reason) the client is to pay the company in full for all finished or un-finished work which the company may then hold for the duration of the completed order. In the event of a cancellation Bing Digital Consultancy Ltd reserve their intellectual property rights and may request their removal.

The company may suspend or cancel the order of the client by written notice if;

  • The client should fail to pay the company any due money;
  • The client becomes insolvent;
  • The client fails to honour their obligation under these terms
  • The client may not cancel, unless the company agrees and in which case this must be in writing. Clause above still applies.

Once a website has been designed and completed the final balance of payment is then due in accordance with our payment terms. There are no exceptions to this, i.e If the client decides they no longer want the site, as they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been done. Non payment will result in legal action being taken if necessary. 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.

Database, Application and E-Commerce Development

Bing Digital Consultancy Ltd cannot take responsibility for any losses incurred by the use of any software created for the client. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.

Any scripts, applications or software (unless specifically agreed) written by Bing Digital Consultancy Ltd remain the copyright of Bing Digital Consultancy Ltd and may only be commercially reproduced or resold with the permission of Bing Digital .

Where applications or sites are developed on servers not recommended by Bing Digital , the client is expected to provide or seek any information,additional software,support or co-operation pertaining to the server required in order for the application to be correctly developed. Where large applications are to be developed, it is the clients responsibility to provide a suitable testing environment which is identical to the final production environment.

The client is expected to test fully any application or programming relating to a site developed by Bing Digital Consultancy Ltd before being made generally available for use. Where “bugs”, errors or other issues are found after the site is live, Bing Digital Consultancy Ltd will endeavor (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief

Software license agreement
Use of our softwares (products, mods and/or templates) is governed by the terms of our Software License Agreement. You should carefully read the following terms and conditions. Your purchase or use of our products implies that you have read and accepted these terms and conditions.
This License Agreement is made and entered into between Bing Digital Consultancy Ltd and the software purchaser, hereinafter referred to as the “Licensee,” collectively referred to as the “Parties.”

Recitals
Licensee has received software provided by Bing Digital Consultancy Ltd and desires to use the software and is willing to do so on the Terms and Conditions set forth below.
If Licensee does not agree with this License Agreement, is not permitted to install or use any software provided by Bing Digital . By installing and using software provided by Bing Digital , Licensee hereby agrees to be bound by the terms of this legally binding agreement and affirms he/she is of legal age and in a position to do so.
Now, therefore, in consideration of the above recitals and the mutual promises and conditions contained in this Agreement, the Parties agree as follows:

Copyright
Licensee acknowledges that patents, copyrights and trademarks of the software and associated documentation are the exclusive property of Bing Digital .

Software license
The software is licensed, not sold. Bing Digital Consultancy Ltd licenses the Licensee to use the software on a non-exclusive basis for an unlimited amount of time, on the licensed domain only and a single instance of the software.
The Licensee may alter the source code for his/her own use as is described bellow if it is not encrypted:

PLEASE NOTE THE MAJORITY OF OUR CODE BASE & MODULES ARE EITHER PARTIALLY OR FULLY ENCRYPTED VIA PHP CYPER AND REQUIRE THE ZEND ENGINE TO BE INSTALLED ON YOUR SERVER.

The Licensee may NOT decrypt, reverse engineer, or facilitate any third-party to do so. May not, however, distribute the original or the modified code, remove, disable, modify, or tamper with any copyright, trademark or other proprietary notices and legends contained within the code of the software without Bing Digital ‘ permission. If found doing so, Licensee will be dealt with to the maximum extent of the law. All modifications in Bing Digital ‘ source code are made in Licensee’s own risk!
Licensee cannot use images from free, custom or pre-made theme anywhere else without Bing Digital Consultancy Ltd permission.
Unless Licensee purchase the copyright removal license, all copyright notices must remain in Bing Digital Consultancy Ltd softwares and must be visible! Especially “Design by Bing Digital ” or “we made this” in the template footer! Not allowed to change or add any other company link here which is suggesting that the template was developed by this company!

Limited liability
Bing Digital Consultancy Ltd provides NO warranty or guarantee in relation to the software. While Bing Digital Consultancy Ltd takes measures to ensure the accuracy of its software, it may contain inaccuracies and/or errors that could cause incorrect operation, including, but not limited to loss of data/information. Licensee agrees to use this software at their own risk and agrees to take responsibility for regular backups of their important data.

Termination
Licensee may terminate this license at any time. Licensee’s rights under this license will also terminate automatically without notice from Bing Digital Consultancy Ltd if Licensee fails to comply with any term(s) of this license. Upon termination of this license, Licensee must cease all use of the software and destroy all copies of the software.

Partial invalidity

If any provision of this Agreement is held by a Court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way.

Containment of entire agreement

This license is the entire agreement between the Parties and supersedes any previous understandings, promises or agreements, orally or otherwise, which are not embodied herein. No other agreement, statement or promise not contained in this Agreement shall be valid or binding. Any modification of this Agreement shall be effective only if it is in writing, signed and dated by Bing Digital .

  • Bing Digital Consultancy Ltd reserves the right to change prices at any time.
  • Bing Digital Consultancy Ltd does not send or fax paper invoices. Licensee can access the Online Invoice using his/her Account.
  • Bing Digital Consultancy Ltd reserves the right to change or modify these terms with no prior notice.

Compatibility

Bing Digital Consultancy Ltd will endeavor to ensure that any developed/designed site or application will function correctly on the server it is initially installed in and that it will function correctly when viewed with the web browsing software Microsoft Internet Explorer Version 8 and to an acceptable level with Mozilla browsers. Bing Digital Consultancy Ltd can offer no guarantees of correct function with all browser software.

Any modification will correctly work in Internet Explorer 8 (for Windows OS), Internet Explorer 9 (for Windows OS), FireFox 4 (for Linux and Windows OS), Safari 4 (for Mac OS) and Chrome 12 (for Windows OS) browsers.

Website Hosting

Whilst Bing Digital Consultancy Ltd recommends its own hosting platform to host websites, no guarantees can be made as to the availability or interruption of this service by Bing Digital Consultancy Ltd 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.

Bing Digital Consultancy Ltd 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 hosting service should the necessity arise.

Should the client wish to move their data away from Bing Digital Consultancy Ltd a migration charge is applicable, this will be based on a half a day rate.

Regardless of anything else in these terms and conditions, our liability shall not exceed the proportionate amount of your subscription.

When your account is closed, all files (including web pages, etc.) will be deleted.

We reserve the right to cancel your account at any time without notice.

We reserve the right to change the costs of our services.

We reserve the right to amend and update these Terms and Conditions at any time without notice.

To protect your privacy we never distribute your name or e-mail address to any third parties.

Users must not participate in any form of un-solicited bulk e-mailing or Spam.

Access to our ecommerce platform by third party agencies or personnel is not permitted

By logging into your account, or uploading files to it, you are indicating your acceptance of these Terms and Conditions.

The client must ensure that they have a technical contact who can liaise with Bing Digital Consultancy Ltd when this service is set-up.

It is assumed this contact is competent in making and maintaining an Internet connection, including where applicable Internet/IP/DNS/system administration and has a good working knowledge of SMTP and Internet Mail. Additionally Bing Digital Consultancy Ltd may invoice if we provide excessive or extensive set-up support during this time.

Bing Digital Consultancy Ltd do not provide an onsite service to set up email or Internet access systems.

We are not responsible for any loss of mail resulting from the transfer or registration of any domain.

We cannot be held liable for loss of connectivity resulting from breakdown, misconfiguration, or other failure, on equipment not controlled by the Company or as a result of any event beyond our reasonable control.

If your account/service is activated before payment is made then payment must be sent in full by return. If payment for hosting fees is not made in full within 30 days your account will be deactivated.

Hosting Payment is due on the date of the invoice. All hosting fees are to be paid via Direct Debit on the date of your original setup. Late payment for hosting services will result in the account being deactivated and terminated.

All hosting packages are based on a 12 month contract with a 30 day written notice period unless otherwise agreed. Notice will be responded to in writing by your account manager so that we can confirm and plan the deletion of your account.

Should the client wish to have their site data moved to a third party hosting provider. Bing Digital Consultancy Ltd will be obliged to allocate a half / full day (depending on work involved) billable support session for the migration of the data and interaction with the 3rd party.

Full Web hosting Terms & Conditions Can be found here

Domain Names

We offer domain rental to clients for 12/24/36/48 Month periods. Clients are permitted to use the domain for their own use for either website promotion and/or email. We do not condone or allow the rental of domains associated with illegal activity.

We allow domain names to be transferred away from us for a charge of £55+VAT per domain if the client account is up to date and within the initial rental period. Outside of this the domain will be put on the open market for re-sell. Clients are permitted to submit offers to fully purchase a domain outright.

In requesting a transfer of a domain, the correct procedures should be followed by the new holding company. If domain names are within two months of the renewal date then they cannot be transferred until we receive payment for that renewal.

Unless explicitly agreed to in writing, domains are registered to Bing Digital Consultancy Ltd with the client details entered as Admin/Technical contact. The domain remains the ownership and property of Bing Digital Consultancy Ltd throughout the course of the rental period.

Once an invoice has been sent for domain name rental renewal this invoice is due and needs to be paid within 14 days. Failure to pay will result in the rental agreement between Bing Digital Consultancy Ltd and The Client cancelled and all related services terminated where permissible. The client relinquishes all rights of use at this stage. Bing Digital Consultancy reserves the right to continue to renew the domain for use in the company domain portfolio.

Support

Support tickets can be raised by sending an email to hel[email protected] or by
creating a ticket at http://help.bingdigital.com

Billing

Support is billed monthly at the start of each month along with your hosting, and must be paid in advance.
If your pay for support in hourly blocks there is a minimum 10 minute support booking time for all tickets. Anything over will be logged accordingly and you will be given a break down of usage on a per monthly basis.
Please note. Support blocks must be paid in advance based on a monthly tariff. If support time is not used it will roll over to the next month.
The support contract does not cover third party services. These are your own contracts and you should ensure that you have sufficient skills of your own or support agreements in place to cover them.

Hours of support

We will apply our best endeavors to fixing problems as soon as they occur and several of our support staff are alerted via mobile devices in the case of incidents.
However, we can only agree contractually to respond to support requests during normal office hours of 09:00 to 17:00 local time, Monday to Friday excluding Bank holidays.
Support over Bank Holidays and out of office hours will be chargeable at double the agreed rate.

Website Optimization / SEO

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.

We use ‘white hat techniques’ when optimizing websites and always aim to achieve a top ten ranking for your website within six months of undertaking the optimization process. Due to the work involved payment is generally required in advance and we are unable to offer a refund of any monies to clients in relation to this type of work.

Bing Digital Consultancy Ltd reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial.

Our SEO contracts are fixed term based on 12 Month. 

PPC Advertising

Adwords management, Yahoo search management, Microsoft/bing search management and

Facebook Ad management.

We are granted permission to set up accounts for you and provide you with those log-in details to enable you to log-in and download your own Ad and search management invoices from the relevant companies.

We accept no responsibility or liability for any costs, damages, claims, losses and /or expenses arising out of your failure to keep these accounts secure and you hereby agree to indemnify us for any damages, costs, claims or other expenses that arise out of us arranging these accounts for you as part of the Services.

The client acknowledge that click costs may vary, such that the budget set by the client may cover a varying number of clicks to their website each month. Further acknowledge that we cannot and do not guarantee either click costs, any results from pay per click campaigns, or the delivery or display of advertisements on particular websites and that we cannot guarantee that your website will appear in the front page of the search results.

Our PPC contracts are fixed term based on 12 Month. 

3rd Party & Partnerships

When engaging third parties to work with our clients data, images, designs and all other “assets”, at no time is the data or it’s relevant copyrights, licences or intellectual property rights released unconditionally to these third parties. Under no circumstance do we permit 3rd parties to copy, duplicate or use this information for any activities outside of the scope of the project we are engaging them for.

From the time Bing Digital Consultancy Ltd submits the first work order to any third party they are bound by these terms and conditions.

Payment of Accounts

A deposit is required from any new client before any work is carried out. It is the Bing Digital Consultancy Ltd policy that any outstanding accounts for work carried out by Bing Digital Consultancy Ltd or its affiliates are required to be paid in full, no later than 30 days from the date of the invoice unless by prior arrangement.

Once a deposit is paid and work completed you are obliged to pay the balance of payment in full. We will contact clients via email and telephone to remind them of such payments if they are not received when due.

If accounts are not settled or Bing Digital Consultancy Ltd 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.

Paying by credit card – cardholders can expect a response to email and telephone enquiries within a maximum of 48 hours.

Your Privacy

We do not share or sell any of your details with third party companies, without your express permission and we will only email you or contact you about work related matters.

Please note:  Telephone calls to and from the support line & main phone numbers given on the Bing Digital website may be record :

• to provide evidence of a business transaction
• to ensure that a business complies with regulatory procedures
• to see that quality standards or targets are being met in the interests of national security
• to prevent or detect crime to investigate the unauthorised use of a telecom system
• to secure the effective operation of the telecom system.

Complaints Procedure

Informal procedure

Anyone who experiences a problem with their web service provided by Bing Digital Consultancy Ltd should raise the matter directly using our online contact form to do so, giving sufficient information to locate the material (such as an url) and clearly outlining the grounds for complaint.

Bing Digital Consultancy Ltd will approach the individual responsible for the material in question with a view to resolving the matter to the satisfaction of the complainant.

Formal complaints procedure

The formal complaints procedure should only be used where the complainant feels that the nature of the complaint is too serious to be dealt with informally, or where a satisfactory conclusion has not been reached after following the informal procedure.

A formal complaint should be made in writing to Bing Digital , who will acknowledge receipt and ensure that the matter is looked into as soon as possible.

An initial response to any complaint can be expected within seven days of its receipt; a full and considered response to the complaint should be completed within 30 days and any subsequent remedy implemented with the minimum of delay.

We reserve the right to amend and update these Terms and Conditions at any time without notice. Last Update 21/1/2012