Terms & Conditions

Please read carefully our terms and condition before entering in to any agreement. If you have any questions please do not hesitate to contact info@blackbudget.co.uk.

We are an honest and transparent provider. So while there is lots we will do for you, there are still a few things we can’t do.

1. BACKUPS.
WHAT WE DO: Blackbudget will daily, weekly or monthly backup your website. By this we mean we will take a copy of your website and all the files (including uploaded photos etc) used by it to work properly including the database. When required these backups are available upon request and can be used to automatically or manually, depending on your website configuration, to restore your website to a previous working version. We will keep at least 3 backup copies of your website and database. Please be aware that restoring to a previous version of your website may mean that some data is lost.

 

WHAT WE DONT DO: Nothing really! We got it all covered here. Just let us take the backups and get in touch if you need a copy or to restore a previous version.

 

2. UPTIME
WHAT WE DO: We will monitor your website for uptime and consistency and notify you of any irregular or extended downtime. We will also provide a Uptime report for Business & Business+ customers.

WHAT WE DONT DO: We do not guarantee that your website will be working at all times, however hosting provided by Blackbudget has an average uptime of 98%. You can check our planned hosting maintenance here. http://www.webhostingstatus.com/

 

3. PLUGINS
WHAT WE DO: We will update your plugins. Almost all websites use plugins to add functionality to the website. From simple tasks such as email contact forms to full ecommerce shopping cart plugins. These plugins operate at the core of your website to provide the visitor with an practical and functional experience and are vital in a happy customer experience. It is therefore highly important that these plugins are updated regularly when new updates become available. Plugin updates include security patches, coding fixes, new functions. By keeping these plugins regularly updated there is an less likelyhood that an serious problem will arise.

WHAT WE DONT DO: We do not add any new plugins whether free or paid plugins. We do not fix plugin errors . If a fault occurs we will advise a possible fix or resolution and make every effort to help where we can. Faults from plugins do occur but are rare if they are regularly updated and maintained properly. We ensure your plugins are up to date to reduce the chance of faults or errors. Business+ account holders benefit from a full fix service 24/7.

 

4. SEARCH ENGINE OPTIMISATION (SEO)
WHAT WE DO: On-site: This means work only done on your website. We will add keywords, page titles and descriptions, sitemaps, Twitter & Facebook and a collection of tools to improve your SEO. Off-site: We will add your website and business to a collection of online business directories, Google Places, Google Webmaster, Moz and many others. Business+ account holders benefit from additional NAP and Geolocation Schema markup for local seo optimisation, keywords reporting and competitor analysis every month.

WHAT WE DONT DO: We do not make any promises of how your website will appear in search results. As an open honest company we cannot make promises (unlike some SEO companies). However as an experienced and professional provider we ensure your SEO is optimised properly using industry standards to increase your competitiveness.

 

5. ADD A WEBSITE
WHAT WE DO: We will design and build a website for you. Add all the needed plugins, configure and setup for you. We will add one administrator user. All websites are built using the world’s leading Content Management System (CMS) WordPress which means you will be able to edit and change yourself. We will also add the following:

STANDARD: We will add up to 5 pages including a contact page and form.

BUSINESS: We will add up to 10 pages including a contact page and form, about us, gallery, google maps and provide on-site seo. We will add payment processing by Paypal.

BUSINESS+: We will add up to 10 pages including a contact page and form, about us, gallery, google maps and provide on-site & off-site seo. We will add payment processing of your choice, options include Paypal, WorldPay, Sage, Skrill, GoCardless or others.

WHAT WE DONT DO: We do not provide websites for resource heavy use such as image sharing. We do not provide websites for adult use or gambling. We do not provide on-going website edits or changes.

 

6. TELEPHONE, EMAIL & 24HR SUPPORT
WHAT WE DO: We provide online ticket support for all customers. We endeavour to answer all tickets within 24hrs. If your request is an emergency you can mark it as such when raising the ticket. 24 hour telephone support & 3 hour ticket response is available for Business+ customers only.

WHAT WE DONT DO: We do not provide blanket coverage support or fixes for all website support requests. It is important to remember that Blackbudget Planned Maintenance is an preventative service. By using our expert services and knowledgeable staff the aim is to lessen the chance of any problems whether small or large from causing problems with your website and visitor experience. We will always advise a solution and Business+ account holders benefit from a full fix service.

 

7. GUARANTEE
In the likely event you are not happy with the service from Blackbudget within the first 30 days we will refund completely without quibble. *See domains.

 

8. DOMAINS
Due to the nature of domains refunds are not available. Domains however remain your property and as such you are free to move from Blackbudget to another provider if required.

 

9. DURATION
All agreements are for a minimum period with one month paid in advance.

 

10. TERMINATION
You may terminate the agreement after the minimum duration period by giving 30 days notice.

 

11. PAYMENT & REFUND POLICY
If the client halts work and applies for a refund within 30 days, to Blackbudget, work completed shall be billed at half of the initial payment, the balance of which shall be returned to the client. If, at the time of the request for refund, work has been completed beyond the amount covered by the initial payment, the client shall be liable to pay for all work completed at the hourly rate stated above. No portion of this initial payment will be refunded unless written application is made within 30 days of signing this contract.

 

12. NON PAYMENT
Delinquent bills will be assessed a £15 charge if payment is not received within 7 days of the due date. If an amount remains delinquent 30 days after its due date, an additional 10% penalty will be added for each month of delinquency. If an amount remains delinquent 60 days after its due date, Blackbudget reserves the right to remove the webpage(s), stop email services or any other associated service until final payment is made. Any items created by Blackbudget including logos, mock-ups, website designs, and domain names remain property and copyright of Blackbudget until the payment is paid in full by the client.
In case collection proves necessary, the client agrees to pay all fees incurred by that process. This agreement becomes effective only when signed by the designer or a Blackbudget representative.

 

13. REVISIONS & REWRITES
Changes requested by the client that are not included in this contract and / or project scope will be billed at an hourly rate of £25.00 per hour. This rate shall also govern additional work authorised beyond the maximums specified above for such services as general Internet orientation education, marketing consulting, web page design, editing, modifying product pages and databases in an on-line store, art, photo, graphics services, and helping clients learn how to use their own web page editor.

We allow for 2 revisions during the development of the project. Any revisions or additional requirements beyond the initial allowed revisions and requirements included in the project scope will be assessed and charged for at our hourly rate of £25.00.

All billable changes will be documented and brought to the attention of the client before any charges are accrued.

 

14. EARLY TERMINATION
You may terminate this agreement prior to the full duration at anytime. You will be charged the remainder of the value of your contract. The website shall remain the property of Blackbudget until full settlement. The domain remains your property.

 

15. INTELLECTUAL PROPERTY
The website remains the property of Blackbudget until completion of the full duration of the agreement. Ownership of the website is then passed to the customer who is free to continue the agreement or move the website to another provider. Should the client chose to move the website to another provider Blackbudget will provide a copy of both the website and if required database.

1.  Blackbudget will plan, code, and design a website for individual or corporate use to the specifications required. You are required to either give exact specifications or have Blackbudget do their best to meet the general requirements laid out by you.

 

2. The estimate described in this document is only referring to the site specifications given by the you at the time this agreement. Additional work not included with this document will require further payment deemed necessary by Blackbudget. If the web site requires revisions the client will be billed accordingly and a new invoice will be issued.

 

3. The process for the presentation of graphics consists of Blackbudget providing drafts and asking for feedback from the client. The client then gives feedback or approves of the images being used before they are put in place. The estimate assumes 2 rounds of this process will suffice for image creation.

 

4. All content on the website will be provided by the you for Blackbudget to use. This content will be displayed as final drafts on the website and should be pre-read and checked by the you before issuing for use with the website, Blackbudget does not provide proof-reading or spellchecking. The content should be labeled depending on the placement that it is needed on the site. For example, the” About Us” content should contain information about the individual or corporation and be labeled as such.

 

5. To maintain our portfolio credentials and integrity we, Blackbudget, shall be entitled to place an unobtrusive credit with a hypertext link to our website in the footer on each page. Blackbudget is also entitled to reproduce samples of the client’s website in our portfolio and in our marketing material.

 

 

6. SITE SPECIFICATION

The website will consist of html and PHP based design unless otherwise noted. The site will provide general information about you without the need of consent supervision. You are required to maintain the website. Blackbudget hold no responsibility for the website after the initial build. We, Blackbudget, however will provide support. If you requires more than general support you are required to pay a fee for whatever is changed. Please refer to article 2 in the above text for more information.

 

7. COMPLETION DATE

The designer and you must work together to complete the website in a timely manner. We agree to work expeditiously to complete the website no later than 6-8 weeks from start date.

 

If you do not supply the designer complete text and graphics content for all pages contracted for within six weeks of the date this contract was signed, the entire amount of the contract becomes due and payable. If you have not submitted complete text and graphics content within two months after signing of this contract, an additional continuation fee of 10% of the total contract price will also be assessed each month until the website is complete.

 

8. ASSIGNMENT OF PROJECT

Blackbudget reserve the right to assign subcontractors to this project to insure the right fit for the job as well as on-time completion. Blackbudget will bring to the attention of you if any subcontractors will be used to work on the project.

 

9. SINGLE POINT OF CONTACT

A single point of contact between Blackbudget and you is required. All changes, updates, approvals, and modifications should come through this person and or entity in order to keep the project on task and on time. Any inquiries made outside of this point of contact will be pushed through the point of contact for verification.

 

 

10. PRICE ESTIMATE AND PAYMENT ARRANGEMENTS

1. Blackbudget will estimate the cost for producing the website.

2. A deposit of 50% of the estimated total is required prior to commencement.

 

The remaining estimated total adjusted for changes in the estimate, if necessary, is due upon completion of the site or within (7) seven days. Completion is when the site is finished and all content is added and approved.

 

Payments can be made via cheque,  on-line via Paypal or bank transfer. If a payment is made on-line using Paypal account, or any other means of electronic payment, the payment may be susceptible to fees charge to process the payment.

 

11. PAYMENT & REFUND POLICY
If the client halts work and applies for a refund within 30 days, to Blackbudget, work completed shall be billed at half of the initial payment, the balance of which shall be returned to the client. If, at the time of the request for refund, work has been completed beyond the amount covered by the initial payment, the client shall be liable to pay for all work completed at the hourly rate stated above. No portion of this initial payment will be refunded unless written application is made within 30 days of signing this contract.

 

12. NON PAYMENT
Delinquent bills will be assessed a £15 charge if payment is not received within 15 days of the due date. If an amount remains delinquent 30 days after its due date, an additional 10% penalty will be added for each month of delinquency. If an amount remains delinquent 60 days after its due date, Blackbudget reserves the right to remove the webpage(s), stop email services or any other associated service until final payment is made. Any items created by Blackbudget including logos, mock-ups, website designs, and domain names remain property and copyright of Blackbudget until the payment is paid in full by the client.
In case collection proves necessary, the client agrees to pay all fees incurred by that process. This agreement becomes effective only when signed by the designer or a Blackbudget representative.

 

13. REVISIONS & REWRITES

Changes requested by the client that are not included in this contract and / or project scope will be billed at an hourly rate of £25.00 per hour. This rate shall also govern additional work authorised beyond the maximums specified above for such services as general Internet orientation education, marketing consulting, web page design, editing, modifying product pages and databases in an on-line store, art, photo, graphics services, and helping clients learn how to use their own web page editor.

We allow for 2 revisions during the development of the project. Any revisions or additional requirements beyond the initial allowed revisions and requirements included in the project scope will be assessed and charged for at our hourly rate of £25.00.

All billable changes will be documented and brought to the attention of the client before any charges are accrued.

 

14. SOLE AGREEMENT

The agreement contained in this “AGREEMENT FOR PRODUCTION OF A WEB SITE” constitutes the sole agreement between the designer (of Blackbudget) and the client regarding this website. Any additional work not specified in this contract must be authorised by a written change order. All prices specified in this contract will be honoured for six (6) months after both parties sign this contract. Continued services after that time will require a new agreement.

 

15. LEGAL INFORMATION

Blackbudget does not warrant that the functions contained in these web pages or the Internet website will be uninterrupted or error-free. The entire risk as to the quality and performance of the web pages and website is with the client or hosting company provided to the client by the designer.

In no event will Blackbudget be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate these web pages or website, even if Blackbudget has been advised of the possibility of such damages.

If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

 

16. COPYRIGHT & TRADEMARKS

The client represents to Blackbudget and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Blackbudget for inclusion in web pages are owned by you, or you have permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend Blackbudget and its subcontractors from any claim or suit arising from the use of such elements furnished by you.

 

17. IMAGE LICENSING

Blackbudget will not provide any royalty free images unless explicitly requested by the client. Imaging provided by Blackbudget must adhere to the licensing terms.

1. The Regular License grants you  an ongoing, non-exclusive, worldwide license to make use of the digital work (Item) you have selected

2. You are licensed to use the Item to create one single End Product .

3. You can’t re-distribute the Item as stock, in a tool or template, or with source files. You can’t do this with an Item either on its own or bundled with other items, and even if you modify the Item. You can’t re-distribute or make available the Item as-is or with superficial modifications.

 

 

18. LAWS & ELECTRONIC COMMERCE

From time to time governments enact laws and levy taxes and tariffs affecting Internet electronic commerce. The client agrees that the client is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend Blackbudget and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the client’s exercise of Internet electronic commerce.

 

 

19. COPYRIGHT TO WEB PAGES

Copyright to the finished assembled work of web pages produced by the designer (of Blackbudget) is owned by Blackbudget until final payment of this contract, You are assigned rights to use as a website, the design, graphics, and text contained in the finished assembled website. Blackbudget and their subcontractors retain the right to display graphics and other Web design elements as examples of their work in their respective portfolios.

WARNING: by registering a domain name within the .uk Top Level Domain (a “Domain Name”), you enter into a contract of registration with Nominet UK (“We”, “Our” or “Us”) on the following terms and conditions. This is a separate contract to any arrangement you may have with any third party for the provision of internet services. By registering a domain name, you agree to the publication of your name and address as part of the public WHOIS database service. If you are a Consumer, and you do not wish your address to be published, please see our web site at http://www.nominet.org.uk for more information on the Consumer opt out. Nominet is the Registry for all internet Domain Names ending in .uk and provides a public service for the .uk namespace on behalf of the Internet community. You can find out more information about Nominet from our web site at http://www.nominet.org.uk. Nominet is a not – for – profit company limited by guarantee which is performing services on a cost recovery basis. This is why we consider it reasonable to limit our liability in certain respects so that we may continue to offer our services in the interests of the whole internet community. This Contract includes our current Rules For The .uk Domain And Sub-Domains (“Rules”) and the Policy and Procedure for our Domain Name Dispute Resolution Service (“Policy” and “Procedure” as appropriate). Copies of the Policy, Procedure and Rules are here or can be obtained from us. You may have registered a Domain Name through a third party (usually, but not always, your internet service provider). In these terms and conditions, the term “Agent” means such a third party.

 

1. If your application is accepted, we will inform you or your Agent. If your application is rejected, we will inform you or your Agent as soon as reasonably practicable and return to you or your Agent (as appropriate) any payments received.

 

2. Unless the current Rules of the relevant sub-domain state to the contrary, we will register Domain Names on a first come, first served basis. Until we accept your application, there is no guarantee that the Domain Name you applied for will be entered in the Register as such. We therefore recommend that you do not take any action in respect of a Domain Name until you have received confirmation from us that your application has been accepted.

 

3. After your application has been accepted, we will enter the Domain Name and other relevant details in the Domain Name register database for the requested second level of the .uk top level domain (the “Register”).

 

4. We will use the information in the Register entry for the Domain Name to enable the resolution of requests for the Domain Name, by pointing to the authoritative name servers listed in the Register Entry for the Domain Name. For further information about the technical requirements for registering a Domain Name, please contact your Agent.

 

5.We will transfer your Domain Name and update the Register accordingly on receipt of correctly completed transfer documentation from you and any relevant transfer fee applicable at the time of transfer. We will not transfer a Domain Name whilst it is the subject of legal proceedings or proceedings under our Dispute Resolution Service.

 

6. We will only make changes to the details contained on the Register (other than the registrant field), if we receive instructions and approval from you or your Agent.

 

7. You must ensure that we receive the registration or renewal fees within one month after the issue of our invoice. For the avoidance of doubt, if you use an Agent it will be your responsibility to ensure that the Agent has paid the registration or renewal fee to us within one month of the issue of our invoice.

 

8. You must inform us promptly of any change in your registered details, and those of your Agent if applicable. It will be your responsibility to maintain and update any details you submit to us and to ensure that your details are up to date, and accurate. In particular, it is your responsibility directly or by your Agent to ensure that we have your full and correct postal address.

 

9. The registration period is one years from the date of entry into the Register of your Domain Name registration. Provided you pay us your renewal fee you will have the right to renew the Domain Name registration by entering into a new Contract with us for further periods of two years.

 

10. when the Domain Name registration falls due for renewal, we will contact your Agent (at the Agent’s address appearing in the Register) to request payment of the relevant renewal fee.

 

11. If we fail to receive the renewal fee within thirty (30) days of our making a request for the renewal fee, we will suspend your registration for at least 6 weeks and if we do not receive payment within the suspension period we will cancel your registration without further notice to you. During any period of suspension, we will not point to any name servers listed in the Register entry for the Domain Name, and you will be unable to use or transfer the Domain Name. Exclusions and Limitations of Liability.

 

12. That you (or your Agent) have obtained the consent of any individual whose personal data is to be held on the Register.

 

13. That the details and information submitted by you to us are true and correct, and that any future additions or alterations to your details and information will be true and correct, and that you will submit them in a timely manner. Unless you are a Consumer, you shall pay us (including the current or past members of Nominet UK’s Council of Management) any and all reasonable costs, claims and expenses (whether direct or indirect) arising out of any claim resulting from your breach of this warranty.

 

14. That by registering or using the Domain Name (in whatever manner) you will not knowingly infringe the intellectual property rights of a third party, that you are entitled to register the Domain Name, and that you have not registered the Domain Name in breach of trust. Our right to rely upon this warranty will continue to be available after completion of the registration process and will not be affected by any surrender, cancellation or transfer of the Domain Name. Unless you are a Consumer, you shall pay us (including the current or past members of Nominet UK’s Council of Management) any and all reasonable costs, claims and expenses (whether direct or indirect) arising out of any claim that your registration or use of the Domain Name directly or indirectly infringes the intellectual property rights of a third party.

 

15. The Register is a public register for the purposes of data protection legislation. The Register will include your name and postal address, telephone and fax number and email address together with any other relevant details. This information (if it refers to individuals) is ‘personal data’ for the purposes of data protection legislation. Personal data submitted by you will be: Posted onto the Register; Unless you are a Consumer and have selected the Consumer opt out provision , posted onto the WHOIS database by us. The WHOIS database is provided on our web site at http://www.nominet.org.uk. Other Agents which provide an online Domain Name registration service may point to our WHOIS database. We will publish your name and address but will not publish your telephone or fax number or email address as part of the WHOIS database; and Used as part of the Public Register Subscription Service (“PRSS”), or any other service(s) amending or replacing it. Under the PRSS we provide a compressed form of the Register to subscribers. We provide the PRSS only to trusted third parties, based within the European Economic Area, under strict contractual terms which prohibit the use of PRSS data for the purposes of direct marketing. Any service(s) which may replace the PRSS will be provided on similar terms. The PRSS enables subscribers to perform WHOIS queries and reverse look-ups. We will publish your name and address but not your telephone or fax number or email address as part of the PRSS and/or as part of any other service(s) amending or replacing it. If you are a Consumer you may select the Consumer opt out provision in respect of the PRSS, or any other service(s) amending or replacing it; We may provide your personal data to governmental or law enforcement agencies at their written request in connection with the conducting of any investigation. We may provide your name and address to third parties with a legitimate reason for requesting the information upon their written request; and Otherwise, we will provide your personal data to third parties only if required to do so by a court order. You may write to us to request a copy of the personal data held by us about you. We may charge a reasonable fee for the provision of such data. As required by the Data Protection Act 1998, we will adopt appropriate security procedures in relation to the storage and disclosure of information provided by you in order to prevent unauthorised access. Our security procedures mean that we may occasionally request proof of your identity before we are able to disclose personal information to you. Other than the uses identified above, we will not disclose your personal information to others. Please note that if at any point we discover that you are no longer a Consumer, we will automatically post your personal data onto the WHOIS and the PRSS and/or onto any other service(s) amending or replacing the PRSS in accordance with clause 6.1(b) and (c) above without further notice to you. You should be aware that personal data posted on the WHOIS database may be accessible to countries outside the European Economic Area. By registering a Domain Name you consent to your personal data being transferred out of the European Economic Area and to our use of your personal data for the purposes specified above. Domain Name Dispute Resolution Service.

 

16. You may surrender registration of the Domain Name by notice in writing to us at any time 30 days prior to renewal.

 

17. After we have received payment for a Domain Name, only you (and not your Agent) may surrender the Domain Name.

 

18. We may cancel or suspend the registration of a Domain Name by providing you with notice in writing in the event of the following:
18a. If we do not receive your registration or renewal fees.
18b. If you are in breach of the terms of this Contract (including the Rules) and in the case of a breach which is capable of remedy you fail to remedy this within 30 days of receiving written notice from us to do so.
18c. If we receive independent verification that you have provided grossly inaccurate, unreliable or false registrant contact details, or failed to keep such contact details up to date.
18d. If the Domain Name is being administered in a way likely to endanger the operation of the Domain Name System.

 

19. We may transfer, suspend, cancel or amend the Domain Name registration in the following circumstances:
19a. Upon receiving written instructions from you to take such action together with any relevant fee.
19b. Upon receiving a copy of a perfected order of a court of competent jurisdiction requiring such action, or where the retention of a Domain Name by you would be inconsistent with the terms of a perfected court order received by us or any other legal requirements.
19c. If such changes are necessary in order to correct an error relating to the Domain Name registration.
19d. Following a Decision requiring such action or an agreement reached between the parties and approved by us relating to proceedings under the Dispute Resolution Service.

This Hosting Agreement governs your purchase and use, in any manner, of all Web site hosting, ordered from and accepted by Blackbudget and describes the terms and conditions that apply to such purchase and use of the Services. You AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED HEREIN. Blackbudget reserves the right to change or modify any of the terms and conditions contained in this Agreement at any time and from time to time in its sole discretion, and to determine whether and when any such changes apply to both existing or future customers. Blackbudget may make changes or modifications to referenced policies and guidelines without notice to you. Your continued use of the Services following Blackbudget’ posting of any changes or modifications will constitute your acceptance of such changes or modifications.

 

 

1. Payment. As consideration for Blackbudget providing the Hosting Services hereunder, Customer agrees to pay Blackbudget the aggregate fee based on the monthly or annual hosting services and the terms selected.

 

 

2. Provision of Services. Blackbudget will provide Customer with the Services ordered that are described in the Hosting Package Features. Customer understands and agrees that Blackbudget will host solely in accordance with the information provided by Customer.

 

 

3. Rights to the Web Site and Content. With the exception of any Third-Party Materials and Background Technology as set forth in Section 4, Customer owns the Customer Content. “Customer Content” means all content or information (including, without limitation, any text, music, sound, photographs, video, graphics, data, or software), in any medium, provided by Customer to Blackbudget. “Third-Party Materials” means any content, software, or other computer programming material that is owned by an entity other than Blackbudget, and licensed by Blackbudget or generally available to the public, including Customer, under published licensing terms, and that Blackbudget will use to display or run a Web site.

 

 

4. Limited License to the Background Technology. “Background Technology” means computer programming/formatting code or operating instructions developed by or for Blackbudget and used to host or operate the Web site or a Web server in connection with a Web site. Background Technology includes, but is not limited to, any files necessary to make forms, buttons, checkboxes, and similar functions and underlying technology or components, such as style sheets, animation templates, interface programs that link multimedia and other programs, customized graphics manipulation engines, and menu utilities, whether in database form or dynamically driven. Background Technology does not include any Customer Content. Customer may not duplicate or distribute any Background Technology to any third party without the prior written consent of Blackbudget. All rights to the Background Technology not expressly granted to Customer hereunder are retained by Blackbudget. Without limiting the foregoing, Customer agrees not to reverse-engineer, reverse-assemble, decompile, or otherwise attempt to derive any source code of the Background Technology, except as allowed by law.

 

 

5. Limited License to Content. Customer hereby grants to Blackbudget the limited, nonexclusive right and license to copy, distribute, transmit, display, perform, create derivative works from, modify, and otherwise use and exploit Web site, any Customer Content, or any Customer Marks provided to Blackbudget hereunder, solely for the purpose of rendering Blackbudget’ Services under this Agreement. Such limited right and license shall extend to no other materials or for any other purpose and will terminate automatically upon termination of this Agreement for any reason.

 

 

6. Content Standards. Customer agrees not to provide Customer Content, and Blackbudget will not intentionally provide to Customers any content, that (a) infringes on any third party’s intellectual property or publicity/privacy rights; (b) violates any applicable law or regulation; (c) is defamatory, violent, clearly harmful, or obscene or pornographic or infringes on citizens’ rights; or (d) contains any viruses, Trojan horses, worms, time bombs, cancel bots, or other computer programming routines that are intended to damage or interfere with any system, data, or personal information. If Customer is international, then Customer agrees to comply with all applicable local and national laws. Blackbudget reserves the right to refuse any other subject matter it deems inappropriate.

 

 

7. Support. Blackbudget agrees to provide reasonable technical support by email to Customer during Blackbudget’s normal technical support hours. Blackbudget will provide customer support by telephone if the customer purchased telephonic support time.

 

 

8. Term and Termination. (a) This Agreement is effective as of the Effective Date and shall continue unless terminated; (b) Blackbudget may terminate this Agreement after five (5) days’ written notice to Customer if Customer materially breaches this Agreement, including, without limitation, failure to pay, and fails to cure such breach during such five (5) day period; and (c) upon the termination of this Agreement, Customer will pay Blackbudget for all Services provided to Customer by Blackbudget prior to termination. Sections 2, 3, 4, 5, 9, and  11 will survive termination of this Agreement. (c) The Customer may cancel the agreement at anytime by giving 30 days notice prior to any renewal date and after any minimum contract period. (d) The Customer may terminate the agreement after renewal dates and agrees to pay any outstanding fees up to the forthcoming renewal date.  The Customer may request a copy of the website and database after termination.

 

9. Non Payment. (a) Delinquent bills will be assessed a £15 charge if payment is not received within 7 days of the due date. (b) If an amount remains delinquent 30 days after its due date, an additional 10% penalty will be added for each month of delinquency. (c) If an amount remains delinquent 60 days after its due date, Blackbudget reserves the right to remove the webpage(s), stop email services or any other associated service until final payment is made. Any items created by Blackbudget including logos, mock-ups, website designs, and domain names remain property and copyright of Blackbudget until the payment is paid in full by the client. (d) Payments received after renewals and condition (c) will be charged a administration fee of £30 to return your services. In case collection proves necessary, the client agrees to pay all fees incurred by that process.

 

 

10. Warranty Disclaimer. Except as expressly provided in this Agreement, the Services are provided “as is,” and Blackbudget expressly disclaims all warranties and conditions of any kind, express, implied, or statutory, including, without limitation, the implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose. Interruption of Service: You hereby acknowledge and agree that Blackbudget will not be liable for any temporary delay, outages or interruptions of the Services. Each party acknowledges that it has not entered into this Agreement in reliance upon any warranty or representation except those specifically set forth herein. Unless an approval process is specified herein or in a Statement, all Hosting provided by Blackbudget to a Customer will be deemed accepted when delivered.

 

 

11. Indemnity. (a) Customer Indemnity. Customer will defend Blackbudget against any third-party claim, action, suit, or proceeding alleging any breach of the covenants contained in Section . Subject to Section 11, Customer shall indemnify Blackbudget for all losses, damages, liabilities, and all reasonable expenses and costs incurred by Blackbudget as a result of any such third-party claim, action, suit, or proceeding. (b) Blackbudget’ Indemnity. Blackbudget will defend Customer against any third-party claim, action, suit, or proceeding alleging any breach of the covenants contained in Section 6. Subject to Section 11, Blackbudget shall indemnify Customer for all losses, damages, liabilities, and all reasonable expenses and costs incurred by Customer as a result of any such third party claim, action, suit, or proceeding. (c) Mechanics of Indemnity. The indemnifying party’s obligations are conditioned upon the indemnified party: (i) giving the indemnifying party prompt, written notice of any claim, action, suit, or proceeding for which the indemnified party is seeking indemnity; (ii) granting control of the defense and settlement to the indemnifying party; and (iii) reasonably cooperating with the indemnifying party at the indemnifying party’s expense.

 

 

12. Limitation of Liability. Blackbudget’s LIABILITY HEREUNDER SHALL NOT EXCEED THE AMOUNT PAID BY CUSTOMER TO BLACKBUDGET DURING THE THREE (3) MONTH PERIOD BEFORE THE ACTION AROSE. BLACKBUDGET SHALL NOT BE LIABLE FOR (A) ANY LOSS OF USE, LOSS OF DATA, OR INTERRUPTION OF BUSINESS OR (B) ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS), REGARDLESS OF THE FORM OR ACTION, WHETHER IN CONTRACT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF BLACKBUDGET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER ACKNOWLEDGES THAT THESE LIMITATIONS ARE AN ESSENTIAL ELEMENT OF THIS AGREEMENT, AND ABSENT SUCH LIMITATIONS, BLACKBUDGET WOULD NOT ENTER INTO THIS AGREEMENT.