Terms & Conditions
The following terms and conditions apply to all services provided by Bright Lights Marketing 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 Bright Lights Consulting are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 90 days. Bright Lights Marketing reserves the right to alter or decline to provide a quotation after expiry of the 90 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 project work will begin. The remaining fifty (50) percent of the project quotation total due upon completion of the work, prior to website going live.
Payment for services is due by cheque, bank transfer or cash. Cheques should be made payable to Bright Lights Marketing and sent to 507 Harvest Lake Drive NE, Calgary, Alberta, T3K 4C3.
3. Client Review
Bright Lights Marketing 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 Bright Lights Consulting otherwise within ten (10) days of the date the materials are made available to the Client.
4. Turnaround Time and Content Control
Bright Lights Marketing 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 Bright Lights Marketing receiving initial payment, unless a delay is specifically requested by the Client and agreed by Bright Lights Marketing.
In return, the Client agrees to delegate a single individual as a primary contact to aid Bright Lights Marketing with progressing the commission in a satisfactory and expedient manner.
During the project, Bright Lights Marketing will require the Client to provide website content; text, images, movies and sound files.
5. Failure to provide required website content:
Bright Lights Marketing 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 Optimization 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.
Using our content management system you are able to keep your content up to date yourself.
Invoices will be provided by Bright Lights Consulting 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 $60 per month of the total amount due.
7. Additional Expenses
Client agrees to reimburse Bright Lights Marketing for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography etc. The Client's consent on any additional expenses will be obtained in advance.
8. Web Browsers
Bright Lights Marketing 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 Bright Lights Marketing cannot guarantee correct functionality with all browser software across different operating systems.
Bright Lights Marketing 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, Bright Lights Marketing 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 thirty (30) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on Bright Lights Marketing's Web space, Bright Lights Marketing will, at its discretion, remove all such material from its web space. Bright Lights Marketing 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. Cheques 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 Bright Lights Marketing reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Bright Lights Marketing 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 Bright Lights Marketing services may be used for lawful purposes only. You agree to indemnify and hold Bright Lights Marketing 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 Bright Lights Marketing 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 Bright Lights Marketing permission and rights for use of the same and agrees to indemnify and hold harmless Bright Lights Marketing 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 Bright Lights Marketing that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
13. 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 Bright Lights Consulting 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.
14. Design Credit
A link to Bright Lights Marketing 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 Bright Lights Marketing's portfolio.
15. Access Requirements
If the Client's website is to be installed on a third-party server, Bright Lights Marketing 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.
16. Post-Placement Alterations
Bright Lights Consulting 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.
17. Domain Names
Bright Lights Marketing 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 Bright Lights Marketing. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.
Website optimization means building your website (or "optimizing" it) so that the search engines find it and list in in their indexes (so it shows up when people search for your keywords). Getting a website in the top, or on the first page of the listings is the most widely asked and misunderstood question among new website owners. Although we provide optimization services (SEO) we rarely guarantee that your website will find it's way to page one of Google. This is because Google (or any Search Engine) is free to change their algorithms as they please... (and they do!). Anytime there is a change in the algorithm that displays websites for searches, there is the potential that what we've done to optimize it may no longer work. There is also the possibility that it will work better than before. There is no way of knowing how regular updates will effect optimization until they happen, but we use our professional judgment and experience to get you listed as best we can.
We keep up-to-date on all the algorithm changes as best as possible and make every effort to use techniques that will continue to work even when algorithms are changed. We never use any tricks, "spam", doorway pages, or anything that is known to get your website blacklisted. Everything we do to optimize your site is "approved" by Google and is in accordance with their webmaster guidelines.
Due to the customized nature of our services, refunds can only be provided on projects that have not commenced. Time spent on the planning/researching of a website and the development of sitemaps are part of the commencement process. At this time, after the commencement process has begun Bright Lights Marketing reserves the right to provide any type of refund!
There is absolutely no refund once the project is completed! In the unlikely event that you are not completely happy with your project once it has been created for you we will be glad to edit or change your project as you like, until you are completely happy with the results.
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.
21. Governing Law
This Agreement shall be governed by Canadian and Alberta Law.
Bright Lights Marketing 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 Bright Lights Marketing 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 underlying the invalid,