Definitions

In these conditions, “the Client” means the person, firm or Company who commissions the services of Bigwig Designs “the Company”. By requesting the Company to undertake work “the Project” on their behalf, the Client agrees that these Terms and Conditions of Trading define our working relationship. All Projects, services or goods that the Company may be contracted to produce or provide to the Client will be subject to the following:

1. The contract between Bigwig Designs and the Client will be on these conditions to the exclusion of all other terms and conditions. Any variations to these conditions shall have no effect unless agreed in writing.
2. The works to be carried out shall be as set out in the Bigwig Designs confirmation order.
3. For each Project, the Client will receive an estimate outlining the Project specifications and estimated fees for our time based upon our current hourly rate and, where appropriate, any goods and professional services commissioned by us in order to complete the Project. We will begin upon the Client's written or oral approval of the estimate and this will constitute an agreement between us. The Client agrees to pay the Company in accordance with the terms specified in each proposal/estimate. Estimates are valid for 30 days from the date on the estimate.
4. Unless otherwise agreed in writing by the Company, all orders up to the value of £100.00 (GBP) including VAT where applicable, shall be paid in full prior to the commencement of work. For all orders received where the estimated project fee is equal to, or in excess of the value of £100.00, Bigwig Designs will only commence work after a payment of 50% of the total estimated project fee is received. The balance has to be paid for the Project to to be completed and to enable release of the final design files, completion of web site, programming and/or printed matter.
5. The Client agrees to make available as soon as is reasonably possible to Bigwig Designs, all materials required to complete the site to the agreed standard and within the set deadline.
6. New work requested by the Client and performed by the Company after a proposal/estimate has been approved is considered a revision or alteration. It the job changes to an extent that substantially alters the specifications described in the original estimate, we will submit a revised proposal/estimate to you and a revised additional fee must be agreed to by both parties prior to the commencement of further work.
7. The Client agrees to carry out due diligence in its direction to us regarding preparation of materials and must be able to substantiate all claims and representations. The Client is responsible for all trademark, copyright and patent infringement clearances and is responsible for arranging prior to publication, any necessary legal clearances, licenses, and usage or royalty payments.
8. It is important that a website created on behalf of the Client is not in anyway illegal. Bigwig Designs shall expect the Client to carry out sufficient research before proceeding with a website. This will include checking that the website / idea / business will operate legally within UK law.
9. Bigwig Designs will not be liable or become involved in any disputes between the web site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner.
10. Bigwig Designs reserve the right to decide whether a refund is applicable if requested by the Client for any reason. A refund is not guaranteed by Bigwig Designs.
11. Bigwig Designs makes every effort to design web pages which display acceptably in the most popular current browsers, but cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after pages have been designed.
12. Bigwig Designs cannot be held responsible for problems or additional costs arising due to any errors made by third parties, or failure to maintain a current copy of your own website.
13. Images purchased by Bigwig Designs on behalf of the Client are strictly for use on the Project. Bigwig Designs are not liable for misuse of these images by the Client or any other person/s copying, altering or distributing the images to individuals or other organizations.
14. Bigwig Designs will host the Client's website on receipt of full payment of hosting fees. In doing so Bigwig Designs will endeavour to provide a reliable and professional service to the Client at all times but do not guarantee that the website hosting will be available at all times, especially in the event of a technical failure beyond our control. If Clients are misbehaving (including abusive emails and telephone calls) or requesting functionality which we do not offer, Bigwig Designs has the right to not host a site, or terminate hosting without giving notice. Where Clients use hosting of their preference Bigwig Designs cannot be held responsible for problems occurring during uploading of files to the chosen host server.
15. Bigwig Designs cannot be held responsible for anything adversely affecting the Client's business operation, sales, or profitability that they might claim is a result of a service offered by Bigwig Designs.
16. Under no circumstances whatsoever shall the Company be liable for losses special to the particular circumstances of the Client, indirect or consequential loss including loss of profits, damage to property or wasted expenditure. Without prejudice to the other provisions of these conditions, the Company's liability shall not exceed the total of the contract fees for the Project. The fees for any Project are based upon the assumption that the liability of the Company and Client are as set out herein.
17. It is the Client's responsibility to check proofs carefully for accuracy in all respects, including but not limited to prices, spelling, colours, dimensions and distances. The Company is not liable for errors and omissions. The Client's signature or that of his authorised representative is required on all proofs or artwork prior to release for printing or other implementation including publishing web based content. Final approvals of all work may be given via email by the Client's authorised representatives.
18. Where we provide search engine optimisation for a Client, we do not guarantee any specific placement or high ranking on search engines as this in not within our control.
19. Bigwig Designs will provide the Client with an expected Project completion date. We will endeavour to meet any given deadline but we do not guarantee and are not bound in any way to complete the Project by this date. Bigwig Designs will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
20. The Client will indemnify and hold the Company harmless for any loss, expense (including legal fees) or compensation and agree to defend the Company in any actual lawsuit, claim or action arising in any way from our working relationship. This includes, but is mot limited to claims made against the Client and any of its products and services arising from the publication or materials that we prepare and the Client approves before publication.
21. Bigwig Designs cannot take responsibility for any losses incurred by the use of any software created for or on behalf of 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.
22. Search Engine Optimisation does not include Search Engine Registration unless otherwise agreed by Bigwig Designs, and paid for, if necessary by the Client. (Bigwig Designs uses free registration services from Google, Yahoo, Exact Seek, Ask, ScrubTheWeb & WhatUSeek; results may also be gained, but cannot be guaranteed within other internet search engines such as MSN, AltaVista & AOL.
23. Where applications or sites are developed on servers not recommended by Bigwig Designs, 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 Client's responsibility to provide a suitable testing environment which is identical to the final production environment.
24. The Client is expected to test fully any application or programming relating to a site developed by Bigwig Designs before being made generally available for use. Where "bugs", errors or other issues are found after the site is live, Bigwig Designs will endeavour (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief.
25. It is the Client's responsibility to check with Bigwig Designs that open source software is being used or not.
26. We do not charge customers for open source software. If there is a charge for a website using open source software, you are paying for the installation time. Open source software is not owned by Bigwig Designs or our Client.
27. Bigwig Designs own all designs and codes of the website unless open source software is used. On the full final payment the website will be passed to the Client. The source codes can be passed at the complete discretion of Bigwig Designs.
28. There is an immediate cessation of all current and future warranties where a Client has requested from us anything that results in passing the control of a website from Bigwig Designs to the Client. This results in Bigwig Designs losing control of the website and changes could be made by the Client or their agents. Loss of control by Bigwig Designs can take place if FTP codes and or source codes have been passed to the Client.
29. This loss of control can occur in other situations such as where the Client has requested placing the website onto a server of their choice and not Bigwig Designs' chosen server. Under any of these circumstance(s) which results in loss of control by Bigwig Designs then there shall be absolutely no future warranty and this also revokes all undertakings of past warranties.
30. All images displayed on the Client's website or used in any other Project (commissioned by the Client), will only be used after authorisation by the Client and are the sole responsibility of the Client regarding usage and copyright. Should any legal issues or claims arise from the content or copyright of any images supplied by the Client or Bigwig Designs, they will be the sole responsibility of the Client.
31. Domain names will be registered by Bigwig Designs and also registered to the Bigwig Designs current address. Although the domain names may be registered to Bigwig Designs, the Client is the legal owner of the domain and if they request to have details changed or the domain transferred elsewhere, Bigwig Designs will do this within reasonable time.
32. It is the responsibility of the Client to renew their domain names when due. If a domain name expires. Bigwig Designs can not be held liable for this. However, Bigwig Designs will make reasonable effort to contact the Client regarding domain renewal.
33. When a Client renews “hosting” with Bigwig Designs, this also includes domain renewal if the renewal is needed to keep the site functioning and was purchased as part of the hosting package. If the Client does not renew the hosting, their domain name could be made available to the public for purchase and Bigwig Designs can not be held liable for this.
34. Whilst Bigwig Designs recommends hosting companies to host websites, no guarantees can be made as to the availability or interruption of this service. Bigwig Designs 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.
35. The hosting renewal charge must be received within 30 days of the hosting expiry date. We reserve the right to deactivate any website where the hosting has expired and the Client has not paid the renewal charge. There will be an admin fee set by Bigwig Designs for reactivating the website / hosting.
36. If the Client does not use Bigwig Designs hosting services then the management and hosting of the domain name are the full responsibility of the Client.
37. Renewal of “hosting” is due on a yearly basis. The date of renewal will be annually from the date the website was ordered by the Client. The “hosting” will not be renewed if we cannot contact the customer or the customer requests for us to not host this site.
38. Bigwig Designs has no control of, or responsibility for, the content of our Client's web sites. In no way does the textual or image based content of our Client's web sites constitute Bigwig Designs endorsement, or approval of the web site or the material contained within the web site. Bigwig Designs has not verified any of the materials, images or information contained within our Client's web sites and is not responsible for the content or performance of these sites or for the Client's transactions with them. Bigwig Designs provides links or references to our Client's websites solely for the convenience of prospective customers and intends that the links it provides be current and accurate, but we do not guarantee or warrant that such links will point to the intended Client site at all times.
39. If a domain name is purchased by the Client through a Company other than Bigwig Designs, the Client has full responsibility in making sure that the domain name is renewed when due. Bigwig Designs will not renew the domain name when annual hosting renewal is due if the domain name is purchased through a Company other than Bigwig Designs.
40. The Client must supply all information requested in writing by Bigwig Designs within two months from the date of the request. If the Client fails to supply this information in writing then the Project can be terminated by Bigwig Designs and all monies paid may not be refunded.
41. Bigwig Designs are not liable for loss, damage or corruption to files or information stored on the servers or individual PC's relating to a Client's website/Project. The Client is solely responsible for any information or files relating to their website or Project.
42. Bigwig Designs use third party suppliers to obtain printed materials on behalf of its Clients. The Company will use its best efforts to ensure quality and timely delivery of all printed matter. Although the Company may use its best efforts to guard against any loss arising from the failure of its suppliers, media or others to perform in accordance with their commitments, the Company is not responsible for failure on their part. The Company cannot in any way be held responsible for quality, price, performance or delivery of materials made or supplied by others where the work has been placed directly by the Client or his agents.
43. Where Bigwig Designs is commissioned to obtain printed matter on behalf of the Client, the Client will accept over runs or under runs that do not exceed +/- 10% of the quantity ordered and the Company will bill for the actual quantity delivered within this tolerance.
44. Force majeure - Production schedules, storage of files and property belonging to the Client will be established and adhered to by both the Client and the Company, provided that neither shall incur any liability, penalty or additional cost due to delays caused by state of war, riot, civil disorder, fire industrial dispute or strike, accidents, energy failure, equipment breakdown, delays in shipment by suppliers or carriers, action of government or civil authority, and acts of God or other causes beyond the control of the Client or the Company. Where production schedules are not adhered to by the Client, final delivery date or dates will be adjusted accordingly.
45. Site Policy and Modification – Bigwig Designs reserve the right to make changes to the Company's website, policies, and these Terms and Conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.