Terms & Conditions of Digital Service

The following Terms and Conditions apply to all digital services provided by Bee Smart Digital. All work is carried out by Bee Smart Digital on the understanding that the client (you) has agreed to Bee Smart Digital’s Terms and Conditions.

Project Acceptance

At the time of proposal, Bee Smart Digital will provide the client with a written estimation or quote by email. The client may send an email to indicate acceptance of the quotation which binds the client to accept our terms and conditions of service.

Payment

For ongoing monthly services, an invoice will be sent to the client via email and must be paid within 30 days from the date specified on the invoice unless otherwise stated in writing by Bee Smart Digital. For larger projects (i.e. website design), a non-refundable 50% deposit is required prior to the commencement of the project. The remaining 50% is required before the project work is completed. For once-off/adhoc services, the total project fee is required upfront and is non-refundable.
Payments can be made by online transfer.

Third Parties

Fees due to third-party organisations and advertising companies are the responsibility of the client and Bee Smart Digital will not be liable for their payment, nor for the renewal of domain names, which are the sole responsibility of the client/domain owner. Bee Smart Digital will not be liable to the client for any interruption, non-performance or cancellation of the provision by third parties of any services.

Web Hosting

When switching web hosts or replacing a client’s website with a new website, there may be a service downtime (website or emails for example) period when switching over. Bee Smart Digital or any of its sub-contractors will not be held responsible for this downtime period or any possible loss of business or earnings as a result of this downtime period.

General

By supplying text, images, videos and other files to Bee Smart Digital for inclusion in the client’s website or another medium, the client declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the client, or rightful copyright or trademark owner. Any text, images, videos and other files supplied and/or designed by Bee Smart Digital on behalf of the client, will remain the property of Bee Smart Digital and/or its suppliers.
The client agrees to fully indemnify and hold Bee Smart Digital free from harm in any and all claims resulting from the client not having obtained all the required copyright, consent and/or any other necessary permissions.

Licensing

Any design, copywriting, photography, idea or code created for the client by Bee Smart Digital, or any of its contractors, is licensed for use by the client on a one-time only basis and may not be modified, re-used, or re-distributed in any way or form without the express written consent of Bee Smart Digital and any of its relevant sub-contractors.

Search Engine Submission and Ranking

Due to the infinite number of considerations that search engines use when determining a site’s ranking, Bee Smart Digital cannot guarantee any particular placement within these search engines. This is in the control of said search engines.

Cancellation

Cancellation of monthly services may be made in writing with 1 months notice given to the service provider. The client will then be invoiced for all work done before cancellation. The balance of monies due must be paid within 30 days.

Termination

Bee Smart Digital may terminate the agreement with the client at any time. Upon termination of the agreement, all fees paid to date to Bee Smart Digital by the client are non-refundable. 

In the event that the client does not pay an invoice within 30 days of the due date or the time period agreed, then Bee Smart Digital has the right to suspend all further works for that client until such time as payment is made in full.

Bee Smart Digital reserves the right to charge the client for the time spent on the client’s project including time spent in communication with the client in relation to any of the above matters at up to a rate of €50 per hour plus a project cancellation charge of up to 50% of the remaining fees due under the agreement.

Damages

Bee Smart Digital makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Bee Smart Digital will not be held responsible for any and all damages resulting from products and/or services it supplies. Bee Smart Digital is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While we take reasonable steps to investigate the materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure.
The client agrees not to hold Bee Smart Digital responsible for any such loss or damage. Any claim against Bee Smart Digital shall be limited to the relevant fee(s) paid by the client. Bee Smart Digital reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their Terms and Conditions. Bee Smart Digital will not knowingly perform any actions to contravene these and the client also agrees to be so bound. Bee Smart Digital does not have any liability to the client for the performance of a website, database or any other entity/service developed/setup for the client by anyone other than Bee Smart Digital.

Data Protection

All information collected from or for the client will be held in accordance with data protection laws. The client will have full responsibility in respect of complying with the Data Protection Act for all information that Bee Smart Digital collects and supplies to the client in the course of carrying out the contracted work.
By supplying databases and other personal information to Bee Smart Digital for the provision of services, the client declares that it holds the appropriate consent and permissions by all data subjects (as set out in Data Protection Law), in order to use said data for the purpose of digital marketing communications. The client agrees to fully indemnify and hold Bee Smart Digital free from harm in any and all claims resulting from the client not having obtained all the required consent and/or any other necessary permissions.

Acceptance of Terms and Conditions and Quotation

The placement of an order for design and/or any other services offered by Bee Smart Digital, by email, verbally or in writing, is deemed to be acceptance of these terms and conditions, which are freely available at www.beesmartdigital.com. An estimate validated by the client’s agreement, either verbal or written, constitutes acceptance of the estimate or quotation and agreement to comply fully with all the Terms and Conditions and forms a Contract for Business between the signatory and Bee Smart Digital.