...Our Terms and Conditions

By placing an order with Fresh Biz Marketing, you confirm that you are in agreement with and bound by the below terms and conditions below.

Definitions:
The Client: The company or individual requesting the services of Fresh Biz Marketing.

Fresh Biz Marketing: Primary designer/site owner & employees or affiliates.

General
Fresh Biz Marketing will carry out work only where an agreement is provided either by email, telephone, mail or fax. Fresh Biz Marketing will carry out work only for clients who are 18 years of age or above. An ‘order’ is deemed to be a written or verbal contract between Fresh Biz Marketing and the client, this includes telephone and email agreements.

Website Design
Whilst every endeavor will be made to ensure that the website and any scripts or programs are free of errors, Fresh Biz Marketing cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.
The website, graphics and any programming code remain the property of Fresh Biz Marketing until all outstanding accounts are paid in full.
Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by Fresh Biz Marketing remain the copyright of Fresh Biz Marketing and may only be commercially reproduced or resold with the written permission of Fresh Biz Marketing.
Fresh Biz Marketing cannot take responsibility for any copyright infringements caused by materials submitted 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 or revisions to the brief may require an additional payment and will be carried out at the discretion of Fresh Biz Marketing and where no charge is made by Fresh Biz Marketing for such additions, Fresh Biz Marketing accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions.
The client agrees to make available as soon as is reasonably possible to Fresh Biz Marketing all materials required to complete the site to the agreed standard and within the set deadline.  If the completion of the site has been delayed due to the client not supplying data, text, images or payments then the balance of the project will become due 14 days after we have completed development of the website structure, programming and pages minus their content.
Fresh Biz Marketing will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
Fresh Biz Marketing will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner.
Fresh Biz Marketing will not be liable for 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.
Fresh Biz Marketing will not 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 deposit of 50% is required with any project before any design work will be carried out.
Once a website has been designed and completed the final balance of payment is then due in accordance with our payment terms. There are no exceptions to this, i.e If the client decides they no longer want the site, as they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been done. Non payment will result in legal action being taken if necessary.

Database, Application and E-Commerce Development
Fresh Biz Marketing cannot take responsibility for any losses incurred by the use of any software created for 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.
Any scripts, cgi applications or software (unless specifically agreed) written by Fresh Biz Marketing remain the copyright of Fresh Biz Marketing and may only be commercially reproduced or resold with the permission of Fresh Biz Marketing.
Where applications or sites are developed on servers not recommended by Fresh Biz Marketing, 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 clients responsibility to provide a suitable testing environment which is identical to the final production environment.
The client is expected to test fully any application or programming relating to a site developed by Fresh Biz Marketing before being made generally available for use. Where “bugs”, errors or other issues are found after the site is live, Fresh Biz Marketing will endeavor (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief.

Website Hosting
We use a variety of different web hosting companies depending on the nature and requirements of the project.  The standard monthly data transfer limit is 1GB per month, if this is exceeded there may be an additional hosting fee of £0.01 per MB.
Whilst Fresh Biz Marketing uses or may recommend various hosting companies to host websites, no guarantees can be made as to the availability or interruption of this service by Fresh Biz Marketing and Fresh Biz Marketing cannot accept any 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.

Data Accuracy and / or Completeness
The Client acknowledges that Fresh Biz Marketing does not warrant, and specifically disclaims any warranty, that any Data supplied or any other information provided in connection therewith is accurate or complete. Fresh Biz Marketing will make reasonable efforts to provide accurate and complete Data; but the volume of information compiled and the variety of sources from which the information may come makes it impossible to warrant accuracy or completeness of any kind. In no event will Fresh Biz Marketing be liable for special, indirect or consequential damages however caused whether by negligence or otherwise even if Fresh Biz Marketing has been advised of the possibility of such damages.

Payment of Accounts
All services agreed to in the contract shall be sold for the price specified in the Quotation / Proposal.  Payment is accepted by bank transfer, PayPal invoice or debit/credit card via PayPal – the relevant details are shown on all invoices.  Only once a payment is cleared funds will it be deemed received. If paying by PayPal or debit/credit card then there is a 3.5% surcharge to cover payment processing fees.
A 50% deposit is required from any new client before any work is carried out. It is the Fresh Biz Marketing policy that any outstanding accounts for work carried out by Fresh Biz Marketing or its affiliates are required to be paid in full, no later than 14 days from the date of the invoice unless by prior arrangement with Fresh Biz Marketing.
Once a deposit is paid and work completed you are obliged to pay the balance of payment in full. We will contact clients via email and / or telephone to remind them of such payments if they are not received when due.
If accounts are not settled or Fresh Biz Marketing have not been contacted regarding the delay, access to the related website / service may be denied and web pages removed, we will then pass such cases to a Debt Collection Service or the Small Claims Court to pursue payment.  In case collection proves necessary, the CLIENT agrees to pay all fees incurred by that process.  If an amount remains outstanding 30 after its due date, an additional five percent (5%) above the Bank of England base rate penalty will be added for each month the invoice remains outstanding.

Cancellation & Refunds.
In the event that work is postponed or cancelled at the request of the CLIENT, the CLIENT will forfeit any deposit paid under this AGREEMENT.  Fresh Biz Marketing shall have the right to bill pro rata for work completed to the date of that request and for any software, scripts images or other items purchases for the project, while reserving all rights under the contract.  If additional payment is due, this shall be payable within 14 days of the CLIENT’s notification to stop work.  In the event of cancellation, the CLIENT shall also pay any expenses incurred by Fresh Biz Marketing and Fresh Biz Marketing shall own all rights to the work.  The CLIENT shall assume responsibility for all collection of legal fees necessitated by default in payment.
 If the CLIENT applies by registered letter within seven 7 days of agreeing the contract, work already completed shall be billed at the standard hourly rates (as shown on this website), and deducted from the initial payment.  If the work that has been completed is beyond the amount covered in the initial payment, the CLIENT shall be liable to pay for all work completed.
Refunds will not be given for data that has been purchased or access to a web service has been provided - the onus is on the client to ensure that the data / web service provided will meet their requirements prior to deciding to buy the data / web service - data samples and formats etc can be provided to this end.

Indemnity.
The Client agrees to fully indemnify and keep Fresh Biz Marketing, its subsidiaries, affiliates, officers, partners, employees and agents fully indemnified from and against all actions, demands, costs (on a fully indemnity basis), losses, penalties, damages, liability, claims and expenses (including but not limited to legal fees) whatsoever arising from your breach of the Contract, your use or misuse of the Services, any claims by third parties as to ownership or other rights to use a Domain Name where one has been registered by or transferred to Fresh Biz Marketing at your request or arising in any way by the Client infringing (whether innocently or knowingly) third party rights (including without limit intellectual property rights).

Limited Liability.
The CLIENT hereby agrees that any material submitted for publication will not contain anything leading to an abusive or unethical use of the Web Hosting Service or Host Server.  Abusive and unethical material and uses include, but are not limited to, pornography, obscenity, nudity, violations of privacy, computer viruses, any harassing and harmful material or uses, any illegal activity or material avocation illegal activity and any infringement of privacy or libel.
The CLIENT hereby agrees to indemnify and hold harmless Fresh Biz Marketing from any claim resulting from the CLIENT’s publication of material or use of those materials.  The CLIENT hereby agrees to indemnify and hold harmless Fresh Biz Marketing in any claim resulting from the submission of illegal materials.  If Fresh Biz Marketing shall acquire an Internet domain name on behalf of the CLIENT, then in such case the CLIENT hereby waives any and all claims which it may have against Fresh Biz Marketing for any loss, damage, claim or expense arising out of or in relation to the registration of such domain name in any on-line or off-line network directories, membership lists, or registration lists, or the release of the domain name from such directories or lists following the termination of the providing of this service by Fresh Biz Marketing for any reason.
Nothing in the Contract or these Conditions shall exclude or limit the liability of Fresh Biz Marketing for death or personal injury resulting from its negligence or fraudulent misrepresentation nor affect the statutory rights of consumers.
To the fullest extent permitted by law, the Site and its contents is provided by Fresh Biz Marketing on an "as is" and "as available" basis and no representations or warranties (expressed or implied) of any kind are made (and they are expressly disclaimed) with respect to the Site or its contents including, without limit, warranties of merchantability and fitness for a particular purpose. 

Entire Understanding.
The Contract (including these terms and conditions) constitutes the sole agreement between Fresh Biz Marketing and the CLIENT regarding the Web Design & Development or related Services.  It becomes effective when the CLIENT instructs Fresh Biz Marketing to commence work.  This CONTRACT shall be governed and construed in accordance with the laws of the United Kingdom.  The parties agree that if any part, term or provision of this Agreement shall be found illegal or in conflict with any valid controlling law, the validity of the remaining provisions shall not be affected thereby.

Complaints Procedure
Informal procedure
Anyone who experiences a problem with their website / service provided by Fresh Biz Marketing should raise the matter directly using our online contact form to do so, giving sufficient information to locate the material (such as an url) and clearly outlining the grounds for complaint.
Fresh Biz Marketing will approach the individual responsible for the material in question with a view to resolving the matter to the satisfaction of the complainant.
Formal complaints procedure
The formal complaints procedure should only be used where a satisfactory conclusion has not been reached after following the informal procedure.
A formal complaint should be made in writing to Fresh Biz Marketing, 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 the minimum of delay.

Confidentiality
The Client shall promptly notify Fresh Biz Marketing if it becomes aware of a breach of confidence in relation to the Contract and shall give Fresh Biz Marketing all reasonable assistance in connection with any proceedings Fresh Biz Marketing may institute against a third party at Fresh Biz Marketing’s expense.  Fresh Biz Marketing may be required, in the course of maintaining domain names, to provide registrars with current registrant information.

Privacy
The information you provide to us will be stored on computer.  We are committed to protecting your privacy.  We and any of our associated companies may use the information you provide us to provide a more personalised service and to tell you about changes in our and their service or any new services which we think you will find valuable.  If you object to any of these uses at any time, then please inform us by writing to Fresh Biz Marketing at the address set out in the "contact us" section at the Site.  We may also use such information where and to the extent of any requirement to comply with any applicable law, legal process or to enforce any of these Conditions.

These terms and conditions may be changed by Fresh Biz Marketing
Continued use of any Software, Website, Data or any other service provided by Fresh Biz Marketing constitutes your acceptance of any changes made by Fresh Biz Marketing to these terms and conditions as they may be amended from time to time and may be found here on Fresh Biz Marketing's website. You acknowledge that it is Your responsibility to check the above website for updated or amended terms and conditions.

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