TERMS & CONDITIONS
This Services Agreement (the "Agreement") contains the complete terms and conditions which govern your subscription of Website Design, Development, and other Internet-related services provided by Beach Pea Design (the "Services"). As used in this Agreement, "Beach Pea Design", "we", "our" and "us" means Beach Pea Design and "Client", "you", or "your" means you. You acknowledge that you have read the Agreement, and you agree to its terms and conditions and all policies posted on the Beach Pea Design site. As referred to in this Agreement, "Site" refers to a World Wide Web site and "Beach Pea Design" refers to the Site located at the URL https://beachpea.ca.
The following terms and conditions apply to all website development / design services provided Beach Pea Design and website users/visitors.
It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts or submits payment for a quote then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.
Please read these terms and conditions carefully. By visiting our site and/or making any purchase or use of our services implies that you have read and accepted our terms and conditions.
Charges for services to be provided by Beach Pea Design are defined in the project quotation and/or invoice that the Client receives via e-mail. Quotations are valid for a period of 14 days. Beach Pea Design reserves the right to alter or decline to provide a quotation after expiry of the 14 days.
Unless agreed otherwise with the Client, all website design services require an advance non-refundable payment of a minimum of fifty (50) percent of the project quotation total. Clients will be billed on a monthly basis thereafter based on the work completed. A final invoice will be emailed to the client and must be paid in full prior to the public launching of the live site.
Website hosting and domain registration provided by Beach Pea Design is billed on an annual basis and must be paid in full at the time of billing. Cancellation must be provided in writing. Payments made for hosting and domain registration are non-refundable.
Payment for services is due by cheque or email bank transfer. Cheques should be made payable to Beach Pea Design and sent to Beach Pea Design. Email transfers should be sent to email@example.com
New website development projects will be quoted by Beach Pea Design based on a defined set of pages, site functions and time frames. It is the Client's responsibility to ensure the required pages, work flows, and needs are understood and listed in the quote. If details are not provided, or complexities indicated at the time the quote is prepared, but are raised later during the design process, additional costs may be due to accommodate the requirements.
For timely completion of the project, the Client must provide all requested information, media, and content in a timely manner. Any delays in providing the required information may delay the project, proposed timelines and could result in additional fees. On any occasion where progress cannot be made with your website because we have not been given the required information in the agreed time frame, and we are delayed as result, we reserve the right to impose a surcharge. If you agree to provide us with the required information and subsequently fail to within two weeks of project commencement we reserve the right to close the project and the deposit will be forfeit.
Beach Pea Design will make all efforts to ensure the website and any scripts or programs are free of errors during development, however we cannot accept responsibility for any losses incurred due to program malfunction, the website or any part of it.
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.
The Client is expected to test fully any application or programming relating to a site developed by Beach Pea Design before being made generally available for use. Where “bugs”, errors or other issues are found after the site is live, Beach Pea Design will endeavour (but is not obliged to) to correct these issues to meet the standards of function outlined in the project quote.
By employing Beach Pea Design to design and build a website you are agreeing to have your website hosted with Beach Pea Design.
Hosting and Domain Registration
Beach Pea Design offers managed hosting and domain registration services to our Clients. Our hosting web space is for websites developed and managed by Beach Pea Design only and for use by Beach Pea Design clients only. Clients may not upload new or additional websites or programs to the hosting space provided by Beach Pea Design without express permission. Unauthorized content uploaded to Beach Pea Design server space and/or unauthorized access to the website server space granted without our express permission may result in immediate termination of our website services.
Beach Pea Design provides website hosting services for its Clients benefit, but no guarantees can be made as to the availability or interruption of this service. Beach Pea Design cannot accept 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. We may change the location and provision of the hosting server environment at our discretion. We will provide you with written notice by email of any known or scheduled interruptions to the hosting service.
If the Client wishes to transfer their domain name(s) elsewhere, they must send written notification to Beach Pea Design. The transfer authorization codes will be emailed to the Client upon receipt of the written notice. Any amounts owing to Beach Pea Design for services will remain payable and due within fourteen (14) days. Beach Pea Design will not be liable for any website functions after the domain names are transferred.
Access to Premium Services & Products
As part of our hosting service, we provide access to a number of tools and services that require yearly paid licence renewals. We licence these products exclusively for use on our hosting. We use these licensed products to enhance your website while your website is hosted with us. If either party, you ("the Client") or Beach Pea Design, terminates your hosting agreement, Beach Pea Design is not obliged to continue licensing any of these products for you. If you choose to continue to use these tools and services you will need to purchase valid licences for any and all products and services you require.
If either party, you, the Client, or Beach Pea Design, choose to terminate the hosting agreement for any reason, we will provide a site backup to you on request. You will be responsible for restoring/migrating the website and any other services provided from the backup provided to your new hosting service provider. We may choose to help you but are not obligated to do so. Any materials, work or services required to facilitate this process, other than the backup, will be charged at our normal service rates.
Beach Pea Design reserves the right to deny service or terminate website hosting services at its discretion. You will be provided with 14 days written notice of that change. In instances where we have terminated the service, you will be pro-rated for any unused portion of your annual hosting fees. If you have broken any of the Terms and Conditions in this agreement, you will not be eligible for a partial or full refund. Any amounts owing to Beach Pea Design for services will remain payable and due within fourteen (14) days.
3rd Party Services
As part of our website development service, we provide access to a number of tools and services that require yearly paid licence renewals. We licence these products exclusively for use on our hosting. We use these licensed products to enhance your website while your website is hosted with us. If either party, you ("the Client") or Beach Pea Design, terminates your hosting agreement, Beach Pea Design is not obliged to continue licensing any of these products for you. If you choose to continue to use these tools and services you will need to purchase valid licences for any and all products and services you require.
Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. Telephone requests for termination of services will not be honoured until and unless confirmed in writing. The Client will be invoiced for work completed to the date of first notice of cancellation for payment in full within fourteen (14) days. Upon receipt of cancellation request, if the Client has any information or files on the Beach Pea Design server space, we will, at our discretion, remove all such material from our web space.
Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on Beach Pea Design server space, we will, at our discretion, remove all such material from its web space. Beach Pea Design is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client's account. Cheques returned for insufficient funds will result in the Client's account being immediately considered to be in default until full payment is received. Clients with accounts in default agree to pay to Beach Pea Design reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by us in enforcing these Terms and Conditions.
All Beach Pea Design services may be used for lawful purposes only. You agree to indemnify and hold Beach Pea Design harmless from any claims resulting from your use of our service that damages you or any other party.
Beach Pea Design websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Internet Explorer, Google Chrome, etc.). Client agrees that Beach Pea Design cannot guarantee correct functionality with all browser software across different operating systems.
A link to Beach Pea Design will appear in either small type at the bottom of the Client's website. The Client also agrees that the website developed for the Client may be presented Beach Pea Design's portfolio.
The Client retains the copyright to website data, files and graphic logos provided by the Client, and grants Beach Pea Design the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting Beach Pea Design permission and rights for use of the same and agrees to indemnify and hold harmless Beach Pea Design from any and all claims resulting from the Client's negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the Client to Beach Pea Design that all such permissions and authorities have been obtained.
The website design, code, and source files used to create your website are copyright of Beach Pea Design. We do not grant permission for our website designs to be published, migrated or duplicated and used anywhere outside of our dedicated hosting without our express permission.
Beach Pea Design cannot accept responsibility for any alterations caused by a third party occurring to the Client's pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.
These Terms and Conditions supersede all previous representations, understandings or agreements. The Client's payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.
You agree that our entire liability, and your exclusive remedy, with respect to any Service(s) provided under this Agreement and any breach of this Agreement is solely limited to the amount you paid for such Service(s). We and/or our contractors shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of the Services or for the cost of procurement of substitute services. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions, our liability is limited to the extent permitted by law. Beach Pea Design hereby disclaims itself, its Employees and or Agents from all and any liability including, but not limited to:
- Loss or damage caused by any inaccuracy;
- Loss or damage caused by omission;
- Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site;
- Loss or damage to clients' artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.
- In no event will Beach Pea Design be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate these web pages or website, even if Beach Pea Design has been advised of the possibility of such damages.
- Beach Pea Design has no liability for loss of or damage to data or software applications while performing service, designing and troubleshooting the web site.
- Beach Pea Design 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.
- Beach Pea Design 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.
Modification of Agreement
You agree, during the period of this Agreement, that we may: (1) revise the terms and conditions of this Agreement; and (2) change the service provided under this Agreement. Any such revision or change will be binding and effective immediately on when published to this webpage. If you do not agree with any revision to the Agreement, you may terminate this Agreement at any time by providing us with notice by e-mail or regular mail. Notice of your termination will be effective on receipt and processing by us. You agree that, by continuing to use the Service following notice of any revision to this Agreement or change in service, you shall abide by any such revisions or changes.
In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid.
Any notice, direction or other communication given under this Agreement shall be in writing and given by sending it via e-mail or via regular mail. In the case of e-mail, valid notice shall only have been deemed to have been given when an electronic confirmation of delivery has been obtained by the sender. Any e-mail communication shall be deemed to have been validly and effectively given on the date of such communication, if such date is a business day and such delivery was made prior to 4:00 p.m. EST, otherwise it will be deemed to have been delivered on the next business day. In the case of regular mail notice, valid notice shall be deemed to have been validly and effectively given 5 business days after the date of mailing and, in the case of notification to us shall be sent to:
Beach Pea Design
Whycocomagh, NS B0E 3M0
and in the case of notification to you shall be to the address specified in our records as your “Account Information”.
This Agreement shall be governed by and interpreted and enforced in accordance with the laws of the Province of Nova Scotia and the laws of Canada applicable therein without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the Province of Nova Scotia, and you irrevocably consent to the jurisdiction of such courts.
If you have any questions regarding the information on this page please contact Beach Pea Design.