Terms & Conditions
Please read our terms and conditions. Thank you.
All work carried out by Silentblast is deemed to be carried out under the following terms and conditions. These apply to the exclusion of all other terms and conditions unless stated otherwise in any covering correspondence. These terms and conditions do not affect your statutory rights. It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client allows work to proceed and makes the initial payment then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.
In these terms “Silentblast/we/us/our” means Silentblast Inc., Business Number: 833628993 RT0001. “you” means the Client, whose details appear on this proposal.
The “Contract” means the agreement between you and us based on this and supporting documentation.
The “Website” and “Database” means the services to be provided under this Contract.
1.1 These terms will remain valid for acceptance for 30 days from the date of issue.
1.2 After acceptance Silentblast reserves the right to amend these terms on each anniversary of the agreement subject to giving you 30 days’ notice.
1.3 If you have any uncertainties about these conditions as they might apply to you or your project, it is your responsibility to clarify the situation by contacting us before the project gets under way.
2.1 It is your responsibility to provide us with the required information about your business. Silentblast take no responsibility for errors in content supplied by you for the web site. Any changes thus occasioned may be chargeable.
2.2 Unless specified otherwise, it is your responsibility to provide all necessary text and graphic materials that make up the content of the site. No refund will be made in the event that you fail to provide sufficient content to complete the web site.
2.3 All content must be supplied in a suitable digital format unless agreed otherwise beforehand. Images should be supplied as jpeg, gif or Photoshop format. Text should be supplied as a Microsoft Word text file. Failure to supply material in digital format may result in extra charges being made for processing content for use on your web site. Where the content which is provided is in a form where a sizeable amount of copywriting is required, a further charge may be made.
2.4 You grant Silentblast permission to utilize logos and any other company identity for the purposes of creating the website.
2.5 You agree to indemnify Silentblast from any and all claims arising from your negligence or inability to obtain proper copyright permissions for all content supplied.
2.6 A design credit with a link to the Silentblast website will appear on the footer of your web site.
2.7 You should provide Silentblast with copies of your terms and conditions and any privacy statement that you wish to be incorporated into the design.
2.8 In the event that a website is unable to be completed by Silentblast because of lack of text and/or pictures, then text will be added using “lorum ipsum” Latin filler text and pictures using appropriate library pictures. At this point the website will be considered completed and invoiced accordingly under our standard payment terms. Final text and pictures will be added when these are produced by the Client at no additional cost.
3.1 We will provide you with our estimated timeline for progress and completion of the project and will use reasonable endeavors to meet those timelines (as long as you perform your obligations promptly).
3.2 Any quoted dates are our best estimates only and we cannot guarantee 100% that they will be met.
3.3 We shall have no liability to you nor be deemed to be in breach of this Contract if we are delayed in performing or unable to perform any of our obligations under it due to circumstances beyond our reasonable control.
3.4 Any design issues will be assessed against the standard of PC based internet viewing at 1024 by 768 screen resolutions viewed in modern Internet browsers unless we agree otherwise in writing.
3.5 Silentblast will use the most appropriate technology in the development of the site.
4.1 Acceptance procedure will be as follows:
- The timeline for the development of this project is indicated in the Website Proposal document attached.
- A URL will be provided for the Client to examine and test the website to make sure it functions as anticipated and in accordance with this Agreement.
- The Client is expected to have tested that the website is performing to their own satisfaction before authorizing the project to go live.
- The project will not be made live until the final payment has been received.
- After launch, a 90 day warranty is provided to allow for further comprehensive testing under operating conditions.
- Any further changes other than of a minor nature are then chargeable.
5. Changes Requested
5.1 If the Client requires any changes to be made to the original design and specification they must notify Silentblast by email or letter.
5.2 Silentblast will notify the Client in a formal Change Request if there will be any charge for the additional work.
5.3 If the Client accepts the terms of the Change Request they should notify Silentblast by email or letter.
6.1 An initial deposit payment will be required upon Website Proposal Acceptance. No work will commence until this initial payment has been made, and this payment is non-refundable.
6.2 The balance of all fees will be invoiced at agreed stages during the project on payment “due now” terms.
6.3 All fees must be paid before the design and development work is handed over.
6.4 Subsequent annual hosting and domain name renewal payments will be in advance on the anniversary of the initial payment.
6.5 All fees referred to in the proposal and these terms are exclusive of Goods and Services Tax which will be added and payable by you where appropriate.
6.6 If payments are not received by us on the due date we reserve the right to suspend our services until such time as payment is received in full (without prejudice to any other remedy available to us) with suitable allowances then being made to any timelines.
6.7. All invoices are due upon receipt unless otherwise stated. Payment is due within 5 business days of receipt of invoice. Failure to pay upon this time frame may result in suspension of services.
7. Ownership and Intellectual Property Issues
7.1 You will retain ownership of copyright, trademarks and other intellectual property rights in materials that you provide to us for use in the design of your website.
7.2 All copyright, trademarks, patents created, developed, subsisting or used in or in connection with the design or development of your website will be transferred to you on settlement of all outstanding sums due to us.
7.3 Silentblast will not transfer rights in any design or development work owned by a third party.
8. Hosting and Domain Names
8.1 Silentblast will normally arrange hosting for the website and the annual subscription for this will be included in the initial quotation for the design.
8.2 FTP access details to your website files can be issued on request.
8.3 Silentblast accepts no responsibility for web server downtime or interruptions to service caused by circumstances beyond our control.
8.4 Silentblast may make a charge of $50.00 for any administrative work associated with hosting or domain name transfers into or out of our facilities.
8.5 Renewals are made automatically unless we are notified in writing 28 days in advance, but please note we accept no responsibility if a domain fails to be re-registered.
8.6 Website hosting is payable annually, in advance. Hosting will be invoiced one month in advance and is due upon receipt.
8.7 Where payment for hosting is not made by the due date, Silentblast reserves the right to remove the website from the internet.
9.1 You will be given the appropriate username and password details for each account and the incoming mail server name.
9.2 Silentblast will not keep records of passwords
9.3 Requests for changes to user/password combinations may be made by email or telephone and will be actioned within 24 hours.
9.4 Silentblast accepts no responsibility for email server downtime or interruptions to service.
9.5 Email accounts must not be used for “spam” emailing operations.
9.6 Once initially set up and operational, Silentblast is not responsible for subsequent problems caused by the operating system of your computer.
10. Search Engine Optimization
Where Silentblast undertakes promotion of the website through Search Engine placement no guarantee is given that rankings can be achieved on particular Engines. Resubmission will take place as and when we deem appropriate and may vary in frequency depending on the level of maintenance updates undertaken.
11.1 Silentblast warrants that commencing from the date of acceptance by the Client and continuing for a period of ninety (90) days that the website substantially conforms to the Specification and the Website Proposal and is substantially suitable for the purposes for which it was designed. The terms of the Warranty are that during this period any errors or omissions will be rectified by Silentblast at no cost to the Client. The Warranty does not apply if the website has not been operated in accordance with the instructions given by Silentblast.
11.2 Silentblast makes no warranty that the website is totally error free or that the Client will be able to operate the website without any problems or interruptions caused by unforeseen problems or untested scenarios.
11.3 Silentblast makes no further warranties of any kind, whether express or implied, for the services it provides. Silentblast also disclaims any warranty of merchantability or fitness for any particular purpose other than that covered by the 90 day Warranty.
11.4 Due to the continual development of new techniques for intruding upon and attacking Internet based systems, Silentblast cannot warrant that the Website or any equipment, system or network on which the website is used will be free of vulnerability to intrusion or attack. No liability will be accepted for the loss, corruption or theft of personal or financial information caused by deliberate and malicious intrusion or attack.
11.5 Silentblast will not be responsible for any direct, indirect or consequential damages that may result from the use of its services, including loss of data resulting from delays, non-delivery or interruption in service. You acknowledge and agree that Silentblast cannot guarantee the absence of service interruptions caused by Acts of God or other circumstances beyond our control.
12.1 Silentblast will provide telephone and email support for services we provide to you during normal office hours. Outwith these times support by email only is available with a 24 hour response.
12.2 Problems with the operating system and software on your own computer and your Internet connection are specifically excluded from this agreement.
13.1 Silentblast reserves the right to withdraw services at any time without prior notice. In such circumstances Silentblast will arrange alternative hosting and support services to ensure the ongoing hosting and functionality of the Client’s website.
13.2 Silentblast also reserves the right to feature customer websites and testimonials in future promotions without seeking prior consent.
14.1 Silentblast will not during development or thereafter use the Client’s trademarks, logos or service marks without the Client’s express approval.
14.2 Silentblast will comply with all applicable laws in connection with its activities.
All services may be used for lawful purposes only. You agree to indemnify and hold Silentblast harmless from any claims resulting from your use of our service that damages you or any other party.
16.1 Our total liability to you in contract or in tort arising in connection with this Contract shall not exceed the total price paid by you.
16.2 In No Event Shall Silentblast Inc Be Liable To Customer For Any Indirect, Special, Exemplary Or Consequential Damages, Including Any Implied Warranty Of Merchantability Or Fitness For A Particular Purpose Or Implied Warranties Arising From Course Of Dealing Or Course Of Performance, Lost Profits, Whether Or Not Foreseeable Or Alleged To Be Based On Breach Of Warranty, Contract, Negligence Or Strict Liability, Arising Under This Agreement, Loss Of Data, Or Any Performance Under This Agreement, Even If Such Party Has Been Advised Of The Possibility Of Such Damages And Notwithstanding The Failure Of Essential Purpose Of Any Limited Remedy Provided Herein. There Shall Be No Refunds. Silentblast Inc. Makes No Warranty Of Any Kind, Whether Express Or Implied, With Regard To Any Third Party Products, Third Party Content Or Any Software, Equipment, Or Hardware Obtained From Third Parties.
17. Cancellation & Refund Policy
All amounts owed by the client to Silentblast Inc. for Services rendered prior to the verified cancellation date must be paid in full. There will be no prorating for partial months throughout the Agreement. Due to account security and privacy concerns, all billing related questions and cancellation requests MUST be made in writing or via email.
Cancellation requests will only be processed if made by the initial authorizing party and if received in writing. There will be no refunds of any monies for any cancellation requests made after the cooling-off period of 7 days from the date of order. For security and training purposes, all calls, inbound and outbound, made through Silentblast Inc. corporate offices are digitally recorded and the recordings form a part of the verbal contract between Silentblast Inc. and the client.
Any cancellations done after the cooling-off period by the client, for any reason, will lead to a full payment of the agreed price and immediate termination of the contract, unless otherwise mutually agreed between Silentblast Inc. and the Client.
18. BlastBuilder WP Editing Tool & CMS
Our WordPress plugin and theme known as Blastbuilder is our Custom CMS & Editing tool and it is a licensed product.
We include this license in our Maintenance program, should you decide to opt out of this program, you can keep the product indefinitely on your WordPress site. Our initial fee entitles you to support and updates from date of purchase for 12 months.
After 12 months, you are free to continue to use the software, but if you require support or updates (for example, to match a major update of your WordPress codebase, or to take advantage of new features), you would need to buy a new license.