In the following terms and conditions, all reference to “the Company” shall mean Funky Blue Bear, its employees, affiliates, agents, third-party information providers, merchants, licensors or the like.
Any estimates or quotations are based on the Company’s current costs of production and unless otherwise agreed are subject to amendment on or at any time after acceptance to meet such rise and fall in costs. Any estimate issued by the company does not constitute an offer and acceptance of any order placed by the client is subject to the Company’s written confirmation.
Credit accounts can be set up and are usually net 7 days from invoice subject to credit status or setting up and maintaining a credit account with us. In most cases, the initial agreement will require a deposit equating to one month’s payment. If the value of your order exceeds your credit rating partial payment prior to delivery / commencing work may be required. We will accept prior payment via BACs, cheque or irrevocable letter of credit advised through and payable with a UK bank. There may be charges made by your bank in relation to their fees, which are outside our control and are payable by yourselves. Any special documentation and/or terms of an LC or other requirements may be charged at our cost plus administration fees.
Retention of title
The Company remains the owner of the goods until the price and all other sums owing by the buyer to the Company are paid in full. After full payment has been received the ownership of any work developed specifically for that website will become the property of the client. This excludes any third party applications, server software, content that has been pre-developed by the Company and any other licensed material used within the website.
The Company reserves the right to charge the amount of any taxes, VAT, duties or royalties etc which are payable, whether or not included on the estimate or invoice.
Preliminary / Speculative / Additional Work
All work carried out, whether experimentally or otherwise, at the client’s request will be charged. We do not enter into speculative work unless written confirmation is obtained from the company beforehand. Additional costs for work undertaken and not specified in the original brief will be charged for. Such costs will be advised before the work is undertaken.
The client shall be responsible for obtaining all necessary authority to reproduce pictures, artwork, photographs etc. The client will indemnify the Company and their agents for any claim arising therefrom.
Unless otherwise specifically requested in writing, all work will carry our company imprint (and link to our website) and the Clients website may be used in the Company’s marketing literature.
Delivery and Payment
Completion of a website construction will constitute delivery and a final invoice will be raised which will be due for payment in accordance with the terms stated thereon. On certain classes of work the Company reserves the right to insist on prior payment, including payment upfront before any work is undertaken or agreed staged payments. Should work be suspended or delayed at the request or fault of the Client then the Company shall be entitled to payment for all work already carried out.
No completion dates can be guaranteed unless specified in the Company’s written order confirmation. Dates will be subject to the client not introducing any delays or making any amendments to the original brief. The Company shall not be responsible or liable for any costs arising from delays caused for whatever reason and shall not be liable for any claims for consequential loss arising from any delays.
All names are registered and managed in accordance with the terms and conditions of the naming authorities (full details available on request) and it is the responsibility of the client to renew the domain name on expiry.
Limit of Liability
The client agrees that the Company shall , under no circumstances, be liable for any special, indirect, incidental, punitive, exemplary or consequential damages resulting from loss of profits, arising out of or in connection with this Agreement and in particular the Company will not be liable for the following: (a) suspension or loss of your domain registration; (b) use of your domain registration; (c) interruption of your business; (d) access delays or interruptions to any website accessed by your registered domain name; (e) non-delivery, mis-delivery, corruption, destruction or modification of data.
Website promotion will be undertaken by the company if specified in your order confirmation. The Company is then responsible for carrying out a variety of SEO work but is unable to guarantee the results.
Whilst all due care is taken, the Company cannot accept any responsibility for loss or damage to artwork, photographs, transparencies etc. Any liability shall be limited to the cost of replacing the material. Should any such material have a specific value the Client should insure accordingly.
Late Payment & Insolvency
If the client ceases to pay their debts in the ordinary course of business or does not or cannot pay their debts as they become due or being a company is deemed unable to pay its debts or has a winding up petition issued against it or being a person commits an act of bankruptcy or has a bankruptcy petition issued against him/her the Company without prejudice to other remedies shall a) have the right not to proceed further with the contract or any work for the client and shall be entitled to charge for work already carried out whether completed or not, such charge being a debt with immediate payment required. b) have the right to terminate any hosting agreements or name registrations and disconnect the site from the web at the expiry of 7 days notice. In the event of any such disconnection the Company shall charge a £50 reconnection fee which will be payable together with all outstanding monies due to the company prior to reconnection. In the event that the debt remains unpaid, the ownership of the domain name may be transferred to the Company as the paying entity for the registration. The company may reinstate your domain name registration at its sole discression upon its receipt of the registration / reinstatement fee.
These conditions and all other terms of the contract shall be governed and construed in accordance with the laws of England.
Information regarding your account and trading record will be held on our database but will only be used for marketing and accounting purposes.
A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences. We use traffic log cookies to identify which pages are being used. This helps us analyse data about webpage traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system. Overall, cookies help us provide you with a better website by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.
Terms and Conditions of Purchase
1.1 In these conditions:- “Buyer” means Funky Blue Bear Ltd. “Conditions” means the standard terms and conditions set out in this requires) includes any special terms and conditions agreed in writing between the Buyer and the Seller. “Contract” means the contract for the sale and purchase of the goods and/or the supply and acquisition of services. “Delivery Address” means the address stated in the order. “Material” means the goods (or any instalment of the goods or any part of them) as described in the order. “Order” means the Buyers purchase order to which these terms and conditions are annexed. “Price” means the price of the goods and/or the charge for the service. “Seller” means the person,
partnership or company so described in the order. “Services” means the services described in the order. “Specification” includes any plans,drawings,data or other information relating to the Goods or Services. “Design” means the design or any aspect of the shape configuration, pattern ornament or any other feature of the goods.
1.2 Any reference in these Conditions to a statute or provision of a statute shall be construed as a reference to that statute or provision as amended,re-enacted or extended at the relevant time.
The “suppliers” quotations shall be deemed a firm price unless it expressly provides to the contrary. No claim for extras or price variations shall be permitted unless the Buyer agrees in writing. No conditions submitted or referred to by the Seller when tendering will form part of the contract unless agreed in writing by the Buyer. Verbal representations purporting to amend the contract or specifications therein will not be valid. The buyer shall be entitled during the execution of the Contract by notice in writing to the Supplier to add or omit from or vary the Goods or Services but no such direction shall be binding until both it and any amendment in the price are agreed in writing by both parties.
3. Purchase Order
The Buyer will be responsible for payment of the Goods and Services only if ordered on its official Purchase Order forms and the following conditions which are in addition to and without prejudice to the Buyers rights at Common Law or by Statute as buyers, shall apply to the contract and subsequent orders placed by the Buyer to the Seller unless otherwise agreed in writing.
The Purchase Order shall constitute the Buyers acceptance of the Suppliers offer to supply the goods or services. The Buyer’s acceptance concludes the Contract between the parties which will be subject to these conditions to the exclusion of all other terms and conditions purported to be substituted by the Supplier unless the contrary is expressly agreed in writing.
5. Passing of title
Subject to the provisions of this condition,title to any Goods shall pass to the Buyer on delivery. Such passing of title shall not prejudice the Buyer’s rights of rejection under condition 7. Goods remain the Supplier’s risk until delivery has taken place.
6. Packaging and Delivery
6.1 The goods shall be properly packed and secured by the seller in such a manner as to reach their destination in good order.The goods should be despatched carriage paid to the destination specified in the order unless otherwise agreed in writing.
6.2 Unless stated in writing prior to delivery by the Supplier all packing materials,pallets,crates and other packing materials are free of charge and the Buyer should not be requested to pay for or return any such packaging.
6.3 Deliveries are to be made between the hours or 9.00 and 4.30pm. Deliveries cannot be accepted by the Buyer on Saturday,Sunday or any UK public bank holiday.
6.4 The Buyer reserves the right to cancel the order if goods and or services are not delivered by the date and time specified on the Purchase Order.
If the contract is not completed to the Buyer’s reasonable satisfaction,or within the period stated on the order or within two
months of delivery or within two weeks of the goods first being put into operation,whichever is longer,it is found that the Goods do not conform to specification or sample or if the quality or design or materials and or workmanship is not to the Buyers reasonable satisfaction,the Buyer may without prejudice to any other right return to Materials to the Supplier at the Suppliers risk and expense and either terminate the Contract, with any money being refunded forthwith to the Buyer,or require the Seller to replace thegoods,notwithstanding that title to the Materials may have passed to the Buyer or payment may have
been made. Nothing in this clause shall limit the warranty set out in clause 14.
8. Damage or loss in transit
Without prejudice to the buyers rights of rejection under clause 7 above,the Seller upon receiving notice thereof by the Buyer shall repair or replace free of charge Materials lost or damaged in transit. Delivery of faulty damaged materials means delivery will be deemed not to have taken place until replacement or repaired goods have been supplied to the Buyer by the Seller.
9. Prices and Notice
Unless expressly agreed otherwise in writing,all prices agreed by the Supplier to the principal client or his agent or the Buyer shall be fixed for the period of the Contract and not subject to fluctuations. Contractual terms carry a notice period of 2 full months unless otherwise stipulated. In the event of a cancellation of services this should always be confirmed in writing.
It is an integral part of the contract that any materials being supplied will be available to the Buyer,their client or any duly nominated representative to inspect,whether work in progress or complete items at the Suppliers premises during business hours,on the giving of reasonable notice to the Supplier.
11. Patents and Intellectual Property
The Supplier warrants that the goods do not infringe any patent or registered design or trade mark or any other protected intellectual pr industrial property right of any third party and undertakes to indemnify the Buyer against all royalties or licence fees (to the extent not specifically provided for) and against all damages,losses or costs suffered by the Buyer in respect of breach of this warranty. If it should come to buyers knowledge that a claim may arise under this warranty the buyer reserves the right to cancel the Contract forthwith on written notice and without further liability to the Supplier whatsoever.
12. Materials provided by the Buyer
The Supplier shall be fully responsible for any loss or damage to any free issue materials or to any Buyer’s materials or other property whilst in the Suppliers possession for any purpose connected with the Contract. Any wastage due to poor workman-ship shall be replaced or credited at the Buyer’s discretion.
13. Termination for Breach or Bankruptcy
If the Supplier is in breach of any obligation under the contract or commits any act of bankruptcy,or being a company,enters into liquidation then,notwithstanding any previous waiver,the Buyer shall be entitled to cancel this contract with written notice without prejudice to any existing rights of either party and without liability to the Supplier and any sum paid by the Buyer in relation to Materials not received by the Buyer shall be refunded by the Supplier to the Buyer.
14. Statutory Requirements
It is a condition of the Contract that the Materials supplied comply as to any statement in relation to them in all respects with Trade Descriptions Act 1968 and Regulations made thereunder and conform in all relevant respects with the requirements of the Sale of Goods Act 1979 and the Supply of Goods and Services Act 1982 and associated legislation. The Supplier warrants that any materials supplied shall be free of defects for a period of 12 months after delivery and any faults occurring during this period shall be rectified (or where relevant replaced) at no additional cost to the Buyer.
16. Drawings or Graphics
All drawings,plans,patterns or graphics relating to the Materials which are delivered by the Buyer to the Supplier shall remain the property of the Buyer and forthwith,upon completions of the contract,shall be returned to the Buyer in good condition. No such plan, drawing,specification or graphic shall be shown or its contents disclosed to any other person,nor shall it be copied or used for any purpose other than the completion of the Contract.
Payment will be made 7 days from invoice date unless otherwise agreed with the Supplier. These payment terms are specifically agreed by the Supplier to take precedence over the EU directive 2000/35/EC and the Late Payment of Commercial Debts (Interest) Act 1998 as revised or similar. It is agreed that no charges or penalties,including interest or the like, will be made by the Supplier in relation to late payment by the Buyer. By commencing work,providing a service or supplying under this Order the Supplier is accepting these payment terms.
The Order is to be treated as secret and confidential between the Buyer and the Seller and its subject matter shall not be used or any advertisement,display or publication without the prior written consent of the Buyer.
The Contract should not be assigned by the Supplier. The Supplier should not subcontract any part of the work without the Buyer’s written consent, which shall not be unreasonably withheld.
Any dispute arising out of or in connection with the Contract shall be governed by English Law and shall be submitted to Arbitration by a person agreed by both parties or nominated by a President for the time being of an appropriate body associated with this area of operation in accordance with and subject to provisions of the Arbitrations Act 1996.
21. Force Majeure
In the event of any act of God,war,strike,walk-out,lock-out,industrial action,fire,flood,drought,tempest or other event beyond the Buyers control (including cancellation in whole or part of an order placed by a customer of the Buyer and a complete or partial closure of the Buyer’s premises), the Buyer shall not be liable for any failure to take delivery of the Materials or otherwise comply with the Contract.
22. Legal construction
These conditions and the Contract shall be governed by English Law. In the event that one or more clauses of these conditions
become invalid,illegal or unenforceable,the enforceability of the remaining provisions shall not be affected