Terms and Conditions
The following terms and conditions apply to all website development / design services provided by Blue Orchid Web Development 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 to be provided by Blue Orchid Web Development are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 30 days. Blue Orchid Web Development reserves the right to alter or decline to provide a quotation after expiry of the 30 days.
Unless agreed otherwise with the Client, all website design services require an advance payment of a minimum of fifty (50) percent of the project quotation total before the work is supplied to the Client for review. A second charge of thirty (30) percent is required after the development stage, with the remaining twenty (20) percent of the project quotation total due upon completion of the work, prior to upload to the server or release of materials.
Payment for services is due as indicated on invoices
- Client Review
Blue Orchid Web Development 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 Blue Orchid Web Development otherwise within ten (10) days of the date the materials are made available to the Client.
- Turnaround Time and Content Control
Blue Orchid Web Development will install and publicly post or supply the Client's website by the date specified in the project proposal, or at date agreed with Client upon Blue Orchid Web Development receiving initial payment, unless a delay is specifically requested by the Client and agreed by Blue Orchid Web Development.
In return, the Client agrees to delegate a single individual as a primary contact to aid Blue Orchid Web Development with progressing the commission in a satisfactory and expedient manner.
During the project, Blue Orchid Web Development will require the Client to provide website content; text, images, movies, and sound files
- Failure to provide required website content:
Blue Orchid Web Development is a small business, to remain efficient we must ensure that work we have programmed is carried out at the scheduled time. On occasions we may have to reject offers for other work and inquiries to ensure that your work is completed at the time arranged.
This is why we ask that you provide all the required 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 of up to 25%. 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.
If you agree to provide us with the required information and subsequently fail to do within one week of project commencement we reserve the right to close the project and the balance remaining becomes payable immediately. Simply put, all the above condition says is do not give us the go-ahead to start until you are ready to do so.
NOTE: Text content should be delivered as a Microsoft Word, Google Doc, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website. These pages should have the same titles as the agreed website pages. Contact us if you need clarification on this.
Using our content management system you are able to keep your content up to date yourself.
Invoices will be provided by Blue Orchid Web Development upon completion but before publishing the live website. Invoices are normally sent via email; however, the Client may choose to receive hard copy invoices. Invoices are due upon receipt. Accounts that remain unpaid thirty (30) days after the date of the invoice will be assessed a service charge in the amount of the higher of one and one-half percent (1.5%) or $30 per month of the total amount due.
- Additional Expenses
Client agrees to reimburse Blue Orchid Web Development for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography etc.
- Web Browsers
Blue Orchid Web Development 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 Blue Orchid Web Development cannot guarantee correct functionality with all browser software across different operating systems.
Blue Orchid Web Development cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website have been designed and handed over to the Client. As such, Blue Orchid Web Development 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.
Accounts unpaid sixty (60) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on Blue Orchid Web Development's Web space, Blue Orchid Web Development will, at its discretion, remove all such material from its web space. Blue Orchid Web Development is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client's account. Checks returned for insufficient funds will be assessed a return charge of $25 and the Client's account will immediately be considered to be in default until full payment is received. Clients with accounts in default agree to pay Blue Orchid Web Development reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Blue Orchid Web Development in enforcing these Terms and Conditions.
Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. E-mail or telephone requests for termination of services will not be honored until and unless confirmed in writing. The Client will be invoiced for design work completed to the date of first notice of cancellation for payment in full within thirty (30) days.
All Blue Orchid Web Development services may be used for lawful purposes only. You agree to indemnify and hold Blue Orchid Web Development harmless from any claims resulting from your use of our service that damages you or any other party.
The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Blue Orchid Web Development 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 Blue Orchid Web Development permission and rights for use of the same and agrees to indemnify and hold harmless Blue Orchid Web Development from any and all claims resulting from the Client's negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the Client to Blue Orchid Web Development that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
- Standard Media Delivery
Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format (ASCII text files delivered on floppy disk or via e-mail or FTP) and that all photographs and other graphics will be provided physically in high quality print suitable for scanning or electronically in .gif, .jpeg, .png or .tiff format. Although every reasonable attempt shall be made by Blue Orchid Web Development to return to the Client any images or printed material provided for use in creation of the Client's website, such return cannot be guaranteed.
- Design Credit
A link to Blue Orchid Web Development 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. If a client requests that the design credit be removed, a nominal fee of 10% of the total development charges will be applied. When total development charges are less than $5000, a fixed fee of $500 will be applied. The Client also agrees that the website developed for the Client may be presented in Blue Orchid Web Development's portfolio.
- Access Requirements
If the Client's website is to be installed on a third-party server, Blue Orchid Web Development must be granted temporary read/write access to the Client's storage directories which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.
- Post-Placement Alterations
Blue Orchid Web Development cannot accept responsibility for any alterations caused by a third party occurring to the Client's pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.
- Domain Names
Blue Orchid Web Development may purchase domain names on behalf of the Client. Payment and renewal of those domain names is the responsibility of the Client. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of Blue Orchid Web Development. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.
These Terms and Conditions supersede all previous representations, understandings or agreements. The Client's signature below 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.
- Governing Law
This Agreement shall be governed, construed, and enforced in accordance with the laws of the State of Illinois, without regard to its conflict of laws rules.
Blue Orchid Web Development 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 Blue Orchid Web Development 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.
In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underly
The information provided by Blue Orchid Web Development, (“we,” “us” or “our”) on https://www.blueorchidwebsite.com (the “Site”) is for general informational purposes only. All information on the Site is provided in good faith, however we make no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability or completeness of any information on the Site. UNDER NO CIRCUMSTANCE SHALL WE HAVE ANY LIABILITY TO YOU FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SITE OR RELIANCE ON ANY INFORMATION PROVIDED ON THE SITE. YOUR USE OF THE SITE AND YOUR RELIANCE ON ANY INFORMATION ON THE SITE IS SOLELY AT YOUR OWN RISK.
External Links Disclaimer
The Site may contain (or you may be sent through the Site) links to other websites or content belonging to or originating from third parties or links to websites and features in banners or other advertising. Such external links are not investigated, monitored, or checked for accuracy, adequacy, validity, reliability, availability or completeness by us. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY INFORMATION OFFERED BY THIRD-PARTY WEBSITES LINKED THROUGH THE SITE OR ANY WEBSITE OR FEATURE LINKED IN ANY BANNER OR OTHER ADVERTISING. WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
The Site may contain testimonials by users of our products and/or services. These testimonials reflect the real-life experiences and opinions of such users. However, the experiences are personal to those particular users, and may not necessarily be representative of all users of our products and/or services. We do not claim, and you should not assume, that all users will have the same experiences. YOUR INDIVIDUAL RESULTS MAY VARY.
The testimonials on the Site are submitted in various forms such as text, audio and/or video, and are reviewed by us before being posted. They appear on the Site verbatim as given by the users, except for the correction of grammar or typing errors. Some testimonials may have been shortened for the sake of brevity where the full testimonial contained extraneous information not relevant to the general public.
The views and opinions contained in the testimonials belong solely to the individual user and do not reflect our views and opinions. We are not affiliated with users who provide testimonials, and users are not paid or otherwise compensated for their testimonials.
- Service Description. We will provide WordPress hosting and maintenance services as described herein for the website(s) set forth on the applicable invoice.
- Plan Options. Our Managed WordPress Hosting plans are provided in the level you selected. Your invoice will outline the specifics of your plan. If you would like to change your plan during the Term (as defined below), please contact us.
- Custom Plans. Some clients may have needs that are outside of the standard plans offered, and or may have been acquired by BOWD from a previous service provider. When these cases occur, we may honor the previous pricing and/or create a new plan for that client. When that is the case, a conversation has been made indicating what that unique plan’s pricing and support consist of.
- Fees & Payment. The fees for your plan are set out in the applicable invoice. You agree to pay this amount when the invoice payment is due.
- Term & Termination. The initial term of this plan will begin on the invoice date and shall continue for twelve (12) months (“Initial Term”). This plan will then automatically renew for successive twelve (12) month periods (each, a “Renewal Term” and together with the Initial Term, the “Term”) unless either party gives the other party thirty (30) days’ prior written notice of non-renewal. In such instance, we shall only be responsible to you to provide those services for which you have already paid us and you agree you will be responsible to us for payment for the remainder of the current term in one lump sum.
Service Level Agreements
99.9% Uptime Commitment
1.1 Uptime. BOWD guarantees that the customer’s website, for those that hosted on BOWD servers, will be available 99.9% of the time, excluding maintenance and circumstances beyond our control, as defined below.
1.2 Scheduled Maintenance. Scheduled maintenance means a short downtime necessary for quick updates and patches that require reboots or restarts. We do our best to keep such incidents to a minimum and we will attempt to give you advance notice of any scheduled maintenance.
1.3 Emergency Maintenance. Emergency maintenance means any service affecting maintenance that is so severe it requires immediate attention. This type of maintenance is inherently not scheduled and is only used in extreme circumstances. We will make our best effort to notify customers should this become necessary.
1.4 Circumstances Beyond Our Control. We are not responsible for outages or circumstances beyond our control that hinder access to your site or server such as the following: (a) Actions of the customer or others authorized by the customer to edit the website; (b) Network conditions across the internet (outside of our network), such as between your ISP and our data center; (c) Problems with Your ISP’s network; (d) Browser or DNS caching issues; (e) DDoS or other attacks on our servers.
1.5 Uptime Monitoring. Our monitoring system will text us if your website ever goes down. We’ll drop everything to help get it back up. If your website is down for more than 10 minutes, we will notify you, explain the situation, and layout our plan of action to fix the problem. Notifications will occur within 30 minutes from 9 AM – 5 PM ET, within 1 hour on holidays and weekends, and within 8 hours any evening.
2. Security Scans
Real-time security scans let us know if there are any security vulnerabilities on your server or within your website. If a scan identifies a problem, we’ll do everything we can to fix the problem completely and quickly. If your website comes under attack, we will notify you within the hour, explain the situation, and layout our plan of action to fix the problem.
3. File and Database Backups
Our backup system will take nightly incremental backups of your website files and database and store them securely in a separate US-based cloud server from your live website. These backups are retained for 90 days. If you need us to keep these for longer than 90 days, we are happy to provide a separate estimate for that.
4. WordPress Core and Plugin Updates
Keeping your website’s software up to date is essential in maintaining a safe and sound website. Performing software updates on a regular basis will make your website less vulnerable to hackers who look for instability in code. We will do a scan (weekly or monthly, depending on your selected plan) to determine the most recent core and plugin updates, then perform them within the following week. We receive daily notifications of any security-related updates and will run these updates immediately. If an update is incompatible with your website, we will notify you, explain the issue, and lay out our plan of action to fix the problem.