The small print
At Bright Flair, we try to keep things as simple as possible, including the our privicy policy and standard terms and conditions.
In a nutshell, we don't store any of your personal or business data without explicit permission from you, and when we do, we use industry leading security to keep your information safe.
Anything that you pay for belongs to you, and is owned fully by you, forever. This includes anything created for you during time that you are billed for.
License and service agreement
This section is intended to formalise the commitment between Bright Flair Limited, hereafter referred as BRIGHTFLAIR, and you, hereafter referred as CLIENT, in terms of delivering the required solution as stated in the specification document prepared by BRIGHTFLAIR, within the required timeframes agreed by both parties.
In summary BRIGHTFLAIR will:
- Design and build website/application for CLIENT as per specification in this report. The quoted fee is based on BRIGHTFLAIR's estimate of the time and resource required to deliver the requirements outlined in the specification.
- In the event that CLIENT wishes to amend or add to the requirements outlined in the specification, BRIGHTFLAIR reserve the right to amend the quotation to cover any additional resources required. Any additional cost will be agreed with CLIENT before proceeding.
- Require both parties to remain in constant and open dialogue as to the progress and implementation of the project to ensure proactive management and delivery.
- Guarantee that the website/application will operate as per the specification for the duration of product's warranty period. Any modifications to the website/application after this point will be charged at £80 per hour unless there is a support contract in place.
- Use best practice methods to ensure data is stored using industry leading security techniques.
In summary BRIGHTFLAIR will not:
- Be penalised financially or otherwise for any delays or specification alterations incurred by CLIENT outside of the boundaries of this agreement.
- Guarantee the business performance of the website/application as a product or service; the website/application will perform as specified, BRIGHTFLAIR will support decisions about developed product, but actual business performance including sales of product or other metrics is the sole responsibility of CLIENT.
- Be held responsible for data security breaches or CLIENT keeping authentication safe; BRIGHTFLAIR will use best practice methods to ensure data is stored using industry leading security techniques, but cannot guarantee against malicious authentication by end-users.
- Disclose information about CLIENT or data belonging to CLIENT. All information collected and discussed during/after software development process shall remain confidential and undisclosed to any party without the permission from CLIENT in writing.
BRIGHTFLAIR agree to deliver the website/application outlined in the specification, however the following preconditions apply:
- Work will only commence on an iteration once CLIENT has authorised BRIGHTFLAIR to do so. Authorisation by CLIENT also agrees that payment for the iteration will be made within 30 days of work being delivered in accordance to the specification.
- Payment is made by CLIENT per iteration, before the next iteration begins. Payment should only be issued when work for current iteration is agreed as fully completed.
- All designs and code created specifically for CLIENT is fully owned by CLIENT after implementation. BRIGHTFLAIR reserve ownership of design or code that was created prior to starting work for CLIENT, or that is part of reusable design and software frameworks.
- It is the responsibility of CLIENT to sign off the quality of the iterations delivered by BRIGHTFLAIR before any payment is made. Any payments made to BRIGHTFLAIR are not refundable to CLIENT unless stated as part of the specification.
- Project delivery scope and timelines are delivered and agreed as part of some iterations. Modifying scope or timelines after signing off the iteration may incur extra cost to CLIENT.
- Post-implementation, BRIGHTFLAIR reserve the rights to mention CLIENT as a reference, and use unbranded versions of the produced work as software examples.
Warranty - warranty is given against bugs, defects or security issues for 60 days after final completion date. Warranty covers all iterations, 60 days begins after final iteration is signed off. After warranty period ends, all changes will be billed at £80 per hour unless an extended warranty contract is made.
Notice Period - cancellation of support, hosting, or ongoing development services are subject to 60 days written notice.
Limitation of liability - each party's total liability under this agreement is limited to the value of services rendered.
TERMS AND CONDITIONS OF TRADE
Hosting - payments for hosting are paid 1 month in advance. Hosting fees begin only when website/application is hosted on a live (public-facing) server, after prior iterations are signed off. Termination of hosting requires 3 months' written notice from CLIENT, including when switching to another non BRIGHTFLAIR hosting service. Hosting payments are non-refundable.
Maintenance - BRIGHTFLAIR will only offer maintenance if prior agreement has been made to do so. Payments for maintenance are paid 1 month in advance. Maintenance fees begin only when website/application is hosted on a live (public-facing) server, after prior iterations are signed off. Termination of maintenance requires 1 month's written notice from CLIENT. Maintenance payments are non-refundable.
Support - BRIGHTFLAIR offer support at no cost to CLIENT while project is within standard warranty period of 60 days after final completion date. BRIGHTFLAIR will only offer extended support if prior agreement has been made to do so. Payments for support are paid 1 month in advance. Termination of support requires 1 month's written notice from CLIENT. Support payments are non-refundable.
Payment - payments for consultancy, design and development services are paid after each pre-agreed iteration completion. Project may be suspended if payments are not made within 30 days of work completion, until payment is made, which may affect future timescales.
Project Cancellation - if CLIENT is in breach of the agreement, BRIGHTFLAIR reserve the right to cancel or suspend a project without notice and without any liability to CLIENT. CLIENT will pay for complete iterations received as well as any hosting, maintenance or support charges incurred. CLIENT may cancel a project with 30 days written notice, at which point CLIENT will pay for all complete iterations received at time of notice, and 20% of the charge for iterations planned to be made during the notice period, as well as any hosting, maintenance or support charges incurred up to the time of notice.
Alterations - CLIENT is entitled to make any changes to the design or code without the written permission of BRIGHTFLAIR, but CLIENT is not entitled to resell any design or code created by BRIGHTFLAIR for the project, or any design or code elements that were already created by BRIGHTFLAIR outside the scope of this project.
Open Source Software - the software framework "PHP.Gt" is used by BRIGHTFLAIR in the production of all software projects and is governed by its own license terms, available in plain text on the hosting server, and within the source code in the source control repository (located online at http://github.com/BrightFlair/PHP.Gt/blob/master/License.md).
Copyright Material - files provided by CLIENT to BRIGHTFLAIR or uploaded to application/website must not infringe upon other parties' copyrights. BRIGHTFLAIR cannot be held liable for misuse of copyrighted material through CLIENT application/website.