Terms & Conditions

General
Bald Head Design will carry out work only where an agreement is provided either by email, mail or fax. Bald Head Design will contract only with established businesses or those in the process of becoming established. An order constitutes clients application of both a written contract and the terms/conditions set forth below.

Website Design
While every effort will be made to ensure that the website, and any scripts or programs, are free of errors and functioning correctly, Bald Head Design will not accept responsibility for any losses incurred due to malfunction of the website or any part of it.

The website, graphics and any programming code remain the property of Bald Head Design until all outstanding accounts are paid in full. At that time the completed website and it’s content become the property of the client with some exceptions. Any scripts, applications, php scripts, or software (unless specifically agreed to) written by Bald Head Design remain the copyright of Bald Head Design and may only be commercially reproduced or resold with the permission of Bald Head Design.

Bald Head Design will not accept responsibility for any copyright infringements caused by materials submitted to us 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 beyond the project scope established at acceptance of proposal will be executed at the discretion of Bald Head Design. Where no charge is made by Bald Head Design for such additions, no responsibility to ensure such additions are error free will be the responsibility of Bald Head Design, and we reserve the right to charge an according amount for any correction to these or further additions.

A non-refundable deposit of 50% is required with all of our projects before any planning, design or development work will be carried out. The client agrees to make available in a timely fashion all materials requested by Bald Head Design to keep the project moving forward. Failure to supply requested materials will stall the project. Bald Head Design will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines. Projects, which extend more than 30 days beyond the contractual agreement due to client’s failure to provide said materials will be closed and the remaining bill, will be due. Those wishing to reinstate their project will be required to repay the 50% deposit.

Bald Head Design will not be liable or held responsible for any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner. Bald Head Design will not become involved in any such activity. eg. Any disputes regarding content/images that have been provided to us for inclusion on the site.

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 will not be the responsibility of Bald Head Design. Nor will Bald Head Design 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 planning, design or development work will be carried out.

In accordance with our payment terms once a website has been designed and completed the final balance of payment is then due. There are no exceptions to this, i.e if the client decides they no longer want the site, as they have commissioned the work, signed a contract and paid a deposit they are still obligated to pay for the work that has been done. Legal action will be taken if necessary should client refuse to pay the balance of the contractual agreement. 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. We do offer free maintenance for one month following the completion of the project to allow for any final amendments (bug fixes) that may be required.

Database, Application and E-Commerce Development
Bald Head Design cannot take responsibility for any losses incurred by the use of any software created for the client. Any scripts, applications or software (unless specifically agreed) written by Bald Head Design remain the copyright of Bald Head Design. Written permission to commercially reproduced or resell any and all such copyrighted programs must be obtained from Bald Head Design in advance of said sales or reproductions.

Where applications or sites are developed on servers not recommended by Bald Head Design, the client is required to provide or seek any information, additional software, support or co-operation pertaining to the server that is necessary in order for the application to be correctly developed.

Compatibility
Bald Head Design will make every effort 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 7 and to an acceptable level with Mozilla browsers. Since browsers are created by third party companies Bald Head Design will offer no guarantees of correct function with all other browser software available.

Website Hosting
Bald Head Design makes no web hosting recommendations but does provide web hosting of it’s own. Bald Head Design can make no guarantees as to the availability or interruption of this service. Bald Head Design 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. Bald Head Design reserve the right to refuse to handle in any capacity material which may be deemed offensive, illegal or in any way controversial.

Website Optimization
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. Client acknowledges that the average time to see results is within four (4) to six (6) weeks of the campaign. Bald Head Design is unable to offer a refund of any kind to clients in relation to this type of work. Client is locked in to a six-month contract with monthly payments.

Search Engine Optimization (SEO) campaigns are run on a six (6) month basis. At the end of the six months all campaign accounts will be re-evaluated and recommendations will be made for any SEO service.

From time to time Bald Head Design may make any adjustments deemed appropriate to clients SEO campaign to ensure better results and to adjust to any known changes made by the search engines. Bald Head Design’s SEO services are without warranty and no guarantees.

Bald Head Design reserves the right to refuse to handle in any capacity material which may be deemed offensive, illegal or in any way controversial.

Payment of Accounts
Any new client is required to pay a deposit of 50% before any work is carried out. It is Bald Head Design’s policy that any outstanding accounts for work carried out by Bald Head Design or its affiliates are required to be paid in full, no later than 10 days from the date of the invoice unless prior arrangement has been made with Bald Head Design.

All payments shall be paid online or via phone through Bald Head Design’s invoicing system. Bald Head Design no longer accepts payments through the mail. This ensures quick and safe receipt of client’s payments and allows Bald Head Design to quickly begin and release projects, as these payments are reflected immediately. Bald Head Design’s payment system accepts all major credit cards and checks. Other payment arrangement needs by the client must be presented to Bald Head Design upfront. Bald Head Design may occasionally make exceptions to this payment policy. Other arrangements could result in a delay in the projects start and/or completion date.

Once a deposit is paid and work completed you are obligated to remit the balance of payment in full. If payments are not received when due we will contact clients via email and/or telephone to remind them of such payments.

If accounts are not settled or Bald Head Design has 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 legal counsel to pursue payment. Non-payment can result in a negative notification being sent to all credit bureaus.

Bald Head Design does not offer refunds for any reason if a client chooses to discontinue a project. Bald Head Design will fulfill all obligations of the contract presented in the scope of work.

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.

Complaints Procedure
Any client who experiences a problem with web service provided by Bald Head Design should raise the matter directly with the assigned project manager, giving sufficient information to locate the material (such as an url) and clearly outlining the grounds for complaint. Bald Head Design will approach the individual responsible for the material in question and make every effort to resolve the matter to the satisfaction of the complainant.

A formal complaint should be made in writing to Bald Head Design, 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 a minimum of delay.

Terms & Conditions

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