Terms and Conditions – please read carefully as payment of any deposit or payment in full is a validation that you agree to our terms.
It is a term and condition that a reader accessing any of the Bluesky Multimedia websites (“Bluesky Multimedia”) or purchasing any of our services understands that the provision of the material published on all Bluesky Multimedia websites is on the basis of information only and is not in itself contract forming and disclaims all warranties in respect of the same whether express or implied. Please see below for further information in this regard. Your statutory rights as a consumer are not affected.
Contract Formation
All orders made by you through to Bluesky Multimedia either through our website or direct to us and/or our partners or associates are subject to acceptance and availability. By asking us to provide services, you confirm you have read, understand, and agreed to our terms and conditions.
We may choose not to accept your order for any reason. Quoted prices of services are correct at the time of publishing such information. However, we reserve the right to change prices without prior notice.
For the avoidance of doubt, no contract will exist between you and Bluesky Multimedia for the sale to you of any product or service unless and until Bluesky Multimedia sends you an e-mail confirming that it has accepted your order or a receipt for the deposit for work to be undertaken. Other than our monthly subscription services all work carries a minimum of 50% of the full payment as a deposit and is non-refundable. The balance is payable upon the day the site goes live or the service other than a website becomes live or is received by you. If we are developing a ‘pay as you go website’, the setup fee is also non-refundable and the same terms for accepting the order as stated above apply.
In the case of monthly subscription websites or videos – we will only commence work when we receive the initial set-up fee, information requested and a suitable payment method has been put in place. Please refer to us directly concerning the ownership of domains and your responsibility (where you provide content) that it is free of copyright restrictions.
For the avoidance of doubt, if you are using a domain you own – that domain remains your property. Where we are providing a domain as is sometimes common with our monthly subscription services – that domain remains our property to use in the future should you decide to cancel your subscription.
Cancellation Policy
For monthly subscription services – please note the following:
Other than a 30 days notice period by either party, you are not obligated to continue with the subscriptions or restricted to paying for a minimum number of months. Equally, there are no penalties if you decide to cancel.
If you do decide to cancel, please note that where we are providing hosting and own the domain as in monthly pay websites or videos, we reserve the right to offer the website and or video/s to a new customer. All references that are particular to you and your business will be replaced with the details of the new customer.
Where you are self-hosting and responsible for renewing your domain, we will pass you the login access to the website so you can make the necessary security updates to plugins and themes as and when they are required. At the point of cessation, you also become entirely responsible for the content updates, maintenance, and security of your website.
Projects that Bluesky Multimedia will not enter into collaboration
We will not collaborate in projects which are related to pornography, gambling, drug, or tobacco use or abuse or sites related to violence or other forms of criminal activity. The list is non-exhaustive and we reserve the right to refuse work on the grounds that we may consider an inappropriate use of our services at that time.
Design Concept
Where we or our associates or partners are providing a design concept for your branding, promotional marketing, advertising, website, or video content, we expect to be fully briefed at the outset so we can reach your full satisfaction within the initial design concept.
We appreciate that there may be occasions where the design requires some adjustments to meet the outline given in the original brief.
However, if we are asked for either a partial or a complete re-make of your website, video, or branding options during the development phase, we have the right to request additional payment for the work, whilst nonetheless retaining the deposit to cover the initial time cost by us. It is our aim to work to a fair and satisfactory standard and conclusion in all cases.
Monthly Subscriptions
Where we are providing a monthly subscription website, service, or access to one of our third-party supplier services, we allow for minor amendments on an occasional basis and within a fair use policy. For example; changes to contact details, updates to your services and or prices, and where you supply an image for replacement. Where considered major changes are required – we reserve the right to quote prices for the additional work at the time.
However, where your website is showcasing products or services which are likely to be frequently updated or new ones being added, for example, an artist’s website or a property agency – then we will provide you with a competitive rate based upon your likely changes frequency.
Data Protection
Bluesky Multimedia is compliant with the Data Protection Act and makes every effort to adhere to the requirements under GDPR.
We will not pass on your details to any third party without your prior consent. Please be aware if you are following a link to a third-party site such as through an affiliate link from our website, blogs, emails or videos, or SMS messages that you should always satisfy your self as to the way that party will treat your personal data before entering into a transaction that requires the passing of any personal data to that party. We do not hold responsibility for the treatment or privacy of your personal data once you have left our website or any other form of marketing communication where there are links to third parties. Please see our privacy and cookie policy for more information.
Copyright
Any material found within the pages of blueskymultimedia.co.uk including text or images may not be copied, reproduced, republished, downloaded, posted, broadcast or transmitted in any way except for your own personal non-commercial use. You hereby agree not to adapt, alter or create any derivative work from any of the material contained in this site. In addition, the material cannot be used for any other purpose other than for your own personal and non-commercial use.
Disclaimer
Bluesky Multimedia provides the blueskymultimedia.co.uk website ‘as is’ and does not warrant that the functions contained in the material contained in this site will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the materials.
In respect to all of our services to clients including web design, e-commerce, compliance widgets, online booking, hosting, and other interactive services linked to third-party websites including video ad’s, or to those where we have an affiliation for the purpose of recommending, endorsing, or advertising and where the sale or subscription to their products or services results in us earning a referral commission the following applies:
With respect to services we offer such as the DDA/ADA website accessibility tool – we are not responsible for the protection of you or your business from lawsuits that arise from claimants making a case against you or your business due to website inaccessibility issues. Always consult with a specialist lawyer with the necessary skills and experience in DDA/ADA website compliance. Where website compliance for accessibility relies on code snippets to render your website compliant or widgets to show compliance, please note all software is provided by third-party suppliers that we have no direct control over. This means that possible service interruptions that may occur are beyond our control. However, we will always strive to help you get normal service resumed as soon as practically possible. For both your’s and our peace of mind, we have carried out our best due diligence on our suppliers and are satisfied as to the robust nature of their services. Please note that when adding any code or snippet to your website – you do so entirely at your own risk and should always back up your site before making changes.
Website Uptime, Performance, and Security
The Internet is by its very nature a target for hackers, hijackers, opportunists, and cyber criminals intent on causing loss and disruption. It is therefore vital and your responsibility that you as the client choose a hosting provider who offers services that maintain smooth running, serviceability (for example the latest version of .php for performance and security) high percentage levels of uptime, fast delivery and loading of your content and cyber security for your site to protect you as a business and any clients or customers who partake in e-commerce, sharing of their personal or financial data or any other details passed through your website in the normal operation of your business. We can install basic Word Press security at the build-out stage but once we have handed over the site login to you (the client) it is your responsibility to maintain all plugins, themes, and content, both on your site and that of any third parties ie video hosting and update to the latest Word Press version to safeguard the integrity of your website.
Bluesky Multimedia shall not assume responsibility for any losses incurred arising from any service downtime resulting from server malfunction or routine maintenance, erroneous e-commerce order processing and/or completion of the transaction or for the description of products or services, or for the arrangement of bookings, reservations, data collection, or the publication of any marketing material whatsoever – including video on behalf of any client.
Additionally, when website work is carried out on your behalf whether we are offering our monthly payment scheme or one-off payments, we do not and cannot guarantee traffic, conversions, page one, or any other position within Google or any other search engine as this is beyond the scope of our standard service.
We recommend that if your aim is to achieve a page one position within the search engines you consider using the services of a professional search engine marketing agency – or ask us to quote to provide this service. We do however include an initial SEO treatment with all website projects that we undertake within the package price.
This includes:
Adding your cornerstone or primary keyword to the Meta Titles, Meta Descriptions, URLs, and Page Headings, plus as an ALT Title to one image per page. The pages included are your main pages and not your legal disclaimer pages.
The above is not an exhaustive list and will by default include client-specific requests for services that are conducted by way of external links from (you) the clients’ website.
It is the full responsibility and condition of these terms that the client (you) ensures that all necessary tests and checks are carried out within 14 days of the site going live to ensure that the interactivity and accuracy of all details I.e. copywriting, images, prices of e-commerce products or services, any value-added tax that may be appropriate to the products or services represented on your (you the client’s) web site, booking dates and times and prices, reservation holding and any other matter concerned with the online interactivity between you (the client) and your customers are accurately displayed and that any errors identified are reported to Bluesky Multimedia within the said 14-day time frame.
Once your website is live and as soon as you have received your website login details, you agree to take full responsibility for the upkeep of your website and that includes, ensuring you log in frequently to make any updates notified on your website dashboard to the theme/s, the core Word Press platform, any widgets added as suggested by you or any widget or plugin suggested by us but agreed by you or attend to any warnings flagged up by any (where added) website security plugin/widget added to your website. We are not responsible for maintaining your website nor related services or refunding any subscription arrangement you enter into for services provided to you by any third-party (external) service provider such as for your website and email hosting, widget or plugin software provider, live website chat widget or plugin, video host provider, we do not guarantee website or related services uptime and where you experience any downtime beyond the 14 days as referred to above, you must contact and report the issue to the appropriate provider.
Unless we have a non-contractual monthly service package in place for an agreed monthly fee, any requests for amendments to images, content, updates, new pages, posts or videos added, or any changes to the structure of your site or updating any plugin or widget or theme will carry an hourly fee charged at £50.00 per hour or any part thereof. In other words, our minimum rate is £50.00.
You (the client) are also responsible for ensuring that you supply your VAT and company registration numbers as appropriate so we may add them to your site before going live. It is also your responsibility to ensure you provide us with the wording for your privacy and cookie policy (if you are using cookies or using third-party services such as Google Analytics) These are now legal requirements and failure to comply with the rules set by the Information Commissioners Office is entirely at your own risk.
Compliance
If you are providing a regulated service or a product that carries any risk to the end user you’ll need to provide all relevant risk warnings and provide disclosure of your regulated status with references to any network or authority you are a member of. It is your responsibility entirely to ensure you meet the compliance standards expected of you and to provide references or disclaimers for any affiliate arrangements where sales you make pay you a commission. Where you are advertising any product or service and need to carry an appropriate statement to comply with ASA rulings – please note the provision of this wording is entirely your responsibility.
Please make certain that you understand the conditions of the Bluesky Multimedia service. Links to this and our privacy policy are displayed on all relevant pages. As it is a condition of our contract of service please read and understand the content held therein. If you are in any doubt of your(s) or our (Bluesky Multimedia) obligations or responsibilities, please contact us.
In addition, Bluesky Multimedia makes no (and disclaims all) representations or warranties of any kind, express or implied, with respect to the Bluesky Multimedia website or the information or content included in this site. Additionally, Bluesky Multimedia is not responsible for any injury or financial loss incurred as a result of any service provided by Bluesky Multimedia or any of its affiliations to external providers or links to interactive service or hosting providers.
This does not affect your statutory rights in relation to the services and their fitness for purpose and satisfactory quality.
Use of Bluesky Multimedia
In connection with the use of the blueskymultimedia.co.uk website, in no event will Bluesky Multimedia be liable:
for losses that were not foreseeable to both parties when the contract was made
for losses that were caused by any breach on the part of any supplier
for business losses and/or losses to non-consumers
You agree to use this site and our services only for lawful purposes, and in a manner that does not infringe the rights of, or restrict or inhibit the use and enjoyment of this site by any third party, such restriction or inhibition includes, without limitation, conduct which is unlawful, or which may harass or cause distress or inconvenience to any person and the transmission of obscene or offensive content or disruption of normal flow of dialogue within this site.
Information Products:
Digital information products that are paid for, including; eBooks, reports, white papers, audio courses, and video courses are not refundable unless the product fails to load/play or if a physical product i.e audio CD/DVD or book is damaged. In this case, we ask you to return the product with it’s original packaging to us. Equally, we are not responsible for any action you decide to take that causes you or others any financial losses or physical harm following reading/watching, and or listening to content that we produce. All of our content is for educational or entertainment purposes only and does not constitute advice including financial or otherwise of any kind.
External Websites and Acceptance of our Terms
Bluesky Multimedia is not responsible for the content of external websites linked from blueskymultimedia.co.uk.
These Terms and Conditions are governed by the laws of England and Wales.
Bluesky Multimedia reserves the right to amend these terms and conditions from time to time and your agreement to accept these terms is acknowledged when you pay a deposit or make payment in full to Bluesky Multimedia.