The expressions used throughout these terms have meaning as follows:-
1.1. “ Best Bookings Ltd ” “we” “us” “our” mean Best Bookings Ltd and its Managing Director.
1.2. “ Client ” “you” “your” means the person and/or the company who orders the service.
1.3. “Agreed” means discussed and accepted by Best Bookings Ltd and Client, or the Client has ticked the box on site whilst registering to buy the product.
1.4. “Writing” means Signed letters or Emails only.
1.5. “ Content ” means all text videos images and other items published on the website – whether visible or hidden.
1.6. “ Placing the order ” means Verbal or written confirmation asking us to proceed or the Client has ticked the box on site as above.
1.7. “ Production ” means the creation of the website and/or delivery of the service requested.
1.8. “The Service” refers to whatever we agreed to do for you in the proposal of what you signed up to, if registered online.
1.9. “Online Marketing” means whatever marketing we agreed to do for you in the proposal.
1.10. “SEO” means “Search Engine Optimisation” which is the manipulation of the content of the website with the aim of obtaining more favourable rankings in the Search Engines.
1.11. “Regular payments” means monthly quarterly or annually.
1.12. “Online system” means a website or system that generates the service that we supply.
2.1. The Terms of Business will govern our relationship with you and by placing your order you are deemed to have accepted these terms.
2.2. Nothing contained in these terms may be varied replaced or superseded unless we confirm such alteration in writing.
2.3. Any advice given by Best Bookings Ltd is given in good faith but shall not form part of this or any agreement unless agreed otherwise.
2.4. No advice promise instruction or any communication by any of our employees, subcontractors or representative is binding unless confirmed in writing by Best Bookings Ltd.
2.5. All services carried out by Best Bookings Ltd are provided under UK law – even if the Client is trading elsewhere.
3.1. Bespoke Booking Systems provided by Best Bookings Ltd shall normally be preceded by a written proposal, which shall outline the services provided unless agreements are made verbally. Budget or Standard Booking Systems purchased directly online by the Client will not have such a Proposal.
3.2. The Client agrees to check the details carefully and shall notify Best Bookings Ltd of any omissions either verbally – if the Client is present – or in writing.
3.3. Any items not listed in the proposal shall not necessarily be part of the service.
4.1. The Proposal becomes a contract when the Client has confirmed that he or she is placing the order.
4.2. The contract is legally binding and cannot be cancelled once Best Bookings Ltd has started providing the service. In the event of the Client instructing us not to complete the project full fees will be payable immediately.
5.1. Best Bookings Ltd will issue electronic invoices, which will be sent to the Client by Email. The Client must ensure that these invoices arrive.
5.2. The Client agrees to pay all invoices sent out prior to launch – if applicable - on or before the due date.
5.3. The Client agrees to pay all regular payments by Direct Debit unless an alternative payment arrangement is agreed in writing. Such agreements will only be agreed upon if the Client can confirm to Best Bookings Ltd that payments will be made on regular agreed dates. If the Client defaults on this alternative payment arrangement the alternative payment agreement will be cancelled and the Client will be required to pay by Direct Debit or pay an annual administration fee.
5.4. The Client agrees to pay an additional £100 administration fee if it is issued for reasons stated above.The invoice for the administration fee will be issued on the 1 st January of each year.
5.5. Best Bookings Ltd may at its absolute discretion issue a payment plan for any of the agreed payments. In the event of the Client defaulting on the agreed payment plan the payment plan will be cancelled and the Client will owe the full amount, which will be due immediately.
5.6. Best Bookings Ltd may at its absolute discretion issue a discount for any of the proposed payments. In the event of the Client defaulting on the agreed payments the discount will be cancelled and the Client will owe the full amount, which will be due immediately.
5.7. Failure to pay the agreed fees within the agreed period may result in a 10% late payment surcharge. Once any of the fees are more than 30 days late we reserve the right to suspend any or all services we provide to you. This may include the removal of the online system and disabling of Email services of any domains. We may also cancel the auto renewal of your domain name(s) where applicable. However you will remain liable to pay fees owed for the remainder of the contract. To resume these services after termination for non-payment all outstanding fees including the late payment surcharges referred to above must be paid in full. We reserve the right to charge a re-activation fee of £50.00 plus VAT details of which will be advised to you. This must be paid in full before the services are resumed.
5.8. Best Bookings Ltd reserves the right to increase the price for any of its services if there is reason to do so.
6. The Production of the Bespoke Booking System
6.1. Best Bookings Ltd will aim to produce the first draft of the online system where applicable within five weeks of the Client placing the order unless stated differently in the proposal.
6.2. The Client must carefully check and approve the first draft of the online system within two weeks of receiving notification of the link to the first draft and provide written feedback. If the Client fails to provide this feedback the project will be deemed completed and the invoice for the balance will be issued.
6.3. Best Bookings Ltd will consider this feedback and reply/act as we see fit. Any further feedback must be supplied by the Client within five working days each time such feedback is responded to, unless agreed otherwise. If Clients fail to provide this feedback the project will be deemed completed and the invoice for the balance will be issued.
6.4. Unless stated otherwise in the proposal each project must be completed within four months. If the Client deems that further adjustments are required after four months the launch may be delayed but the invoice for the balance will be issued regardless.
6.5. In the day of the launch the Client must check that messages posted on the online system arrive in their mailbox. Best Bookings Ltd will not be held responsible for any loss or damage whether direct or consequential resulting from an error in the above which has not been checked by the Client.
7. Web hosting
7.1. Where we supply the online system we shall host it unless agreed otherwise.
7.2. We reserve the right to impose additional fees for extra time spent in working with a hosting company not recommended or approved by us.
7.3. We shall not be held responsible for loss of earnings or other financial liabilities which are the result of circumstances beyond our control.
8. Domain Names
8.1. Where applicable Best Bookings Ltd shall register any domain names in the name of the Client.
8.2. Best Bookings Ltd shall move existing domain names to its own supplier unless agreed otherwise. The Client agrees to assist Best Bookings Ltd with any such move and agrees to be responsible for the domain name(s) until Best Bookings Ltd have confirmed in writing that the domain names have moved.
8.3. Best Bookings Ltd shall renew all domain names automatically at least one week prior to the domain name’s expiry date.
8.4. The Client shall be responsible for all domain names not looked after by Best Bookings Ltd.
8.5. Clients who request us to register/renew their .uk domain names or who ask us to transfer their .uk domain names to us must also agree to Nominet’s Terms and conditions which are found on Nominet’s website.
9. Support and Maintenance
9.1. Any maintenance and support provided by Best Bookings Ltd is chargeable and subject to invoices unless covered by a maintenance package.
9.2. Best Bookings Ltd guarantees its own software to be free from bugs and shall endeavour to rectify any bugs as soon as possible upon notification.
9.3. The Client agrees to report any bugs to us in writing with relevant detail and screen shots as applicable and also includes details of the device and web browser used.
9.4. Best Bookings Ltd will advise the Client if bug fixes cannot be completed quickly.
10. Client Obligations and prohibitions
10.1. The Client listed agrees to pay the fees quoted in the proposal at the agreed times and make reasonable efforts to assist Best Bookings Ltd as necessary in providing the service.
10.2. The responsibility for ensuring that the content and functionality of your online system - including the spelling - is correct and complies with all current legislation and statutes entirely belongs to the Client. Best Bookings Ltd will not be held responsible for any loss prosecution or legal action of any kind that may result from the publication of the Client’s online system.
10.3. The Client must check regularly that messages posted on the online system arrive in their mailbox
10.4. The Client agrees to ensure that all content and the services the Client provides comply with the laws of the United Kingdom and any applicable laws of any other countries in which the Client is trading.
10.5. Notification of any alteration or addition to any content you wish us to make must be given to us in writing.
10.6. The Client agrees to refrain from directly or indirectly recruiting any person employed directly by or subcontracted by Best Bookings Ltd.
11. Ownership & Intellectual Property
11.1. The copyright to all the content and images supplied by the Client belong to the Client but the copyright for our code on the online system - if applicable - belongs to us.
11.2. Any content/images provided by us will remain our copyright until appropriate fees have been paid at which point ownership will be transferred to the Client.
11.3. The Client is responsible for ensuring that all content supplied is copyright and royalty free and the Client authorises Best Bookings Ltd to remove and/or replace any content that violates this rule at the Client’s expense.
11.4. The Client shall not distribute any Intellectual Property Rights belonging to Best Bookings Ltd to any third party without our prior written consent.
12.1. The Client agrees to give notice of any termination. The length of termination shall be one calendar month – unless stated differently in the proposal
12.2. In the event that the Client pays annually, the Client agrees to pay any relevant fees to Best Bookings Ltd for any part of the service supplied that has not yet been paid for. This would be done on a pro-rata basis. These fees would be due immediately upon the cancellation request being submitted.
12.3. Best Bookings Ltd reserves the right to terminate the contract and withdraw all or any parts of the services with no notice whatsoever if it is requested to do so by the Authorities or if Best Bookings Ltd discovers a gross breach of contract by the Client.
12.4. Best Bookings Ltd will give seven days’ notice if the Client is in breach of contract over non-payment issues as outlined above.
12.5. The Client agrees not to hold Best Bookings Ltd accountable for any loss of prestige and/or earnings either directly or indirectly and the Client also accepts no refund will be given for any unused period (or remaining portion of the contract) paid for in advance where termination occurs in accordance with the conditions above.
12.6. Best Bookings Ltd reserves the right to give three months’ notice of termination for no reason whatsoever.
13.1. We will not pass on FTP details to you or to a third party under any circumstances .
14. Browser Support
14.1. Best Bookings Ltd routinely checks all projects on the most commonly used browsers as found on our PCs/mobile phones but we cannot guarantee that the content is displayed correct on all web browsers.
14.2. The Client agrees to notify us in writing with screenshots when the content is not displayed correctly and to supply the details of the browser used.
14.3. We shall not be held responsible for difficulties arising from people using unusual or older browsers or where browsers fail to show the content as intended by us.
14.4. We reserve the right to charge additional fees if the Client requests functionality for older browsers that are no longer supported.
15. Online Marketing
15.1. Online Marketing is not included in our services unless agreed to otherwise in writing.
15.2. The minimum term for SEO is 12 months unless agreed otherwise in writing.
15.3. The Client may shorten the notice period if Best Bookings Ltd cannot demonstrate significant progress in rankings and/or visits to the website within six months of the keywords being agreed in writing.
15.4. After 12 months the contract will become a rolling contract for which two months’ written notice must be given to terminate.
15.5. The Client accepts that SEO is a long-term investment.
15.6. Best Bookings Ltd will provide an estimate of predicted results but the actual results may take longer due to the complicated nature and unpredictable practices of third party services.
15.7. The Client accepts that success in SEO is determined in improved rankings not increased website traffic enquiries sales or enquiries.
15.8. Best Bookings Ltd will make every effort to maintain the Client’s rankings but we shall not be liable for a sudden change in rankings as a result of Search Engine updates or increased competitor SEO campaigns or for any other reason.
15.9. The Client agrees that Best Bookings Ltd is not responsible for what the Search Engines display and we shall not be held responsible for difficulties arising from anything displayed or not displayed by Search Engines.
15.10. The minimum term of social media marketing campaigns is three months unless agreed otherwise in writing. After three months the contract will become a rolling contract for which one month’s written notice must be given to terminate.
16.1. All content must be legal and must not contain any nudity or other offensive material.
16.2. A breach of these conditions may lead to the online system being suspended or removed. No refund will be given for any unused period (or remaining portion of the contract) paid for in advance where termination occurs in accordance with these conditions.
16.3. Any material published on your online system must be copyrighted to you or you must have written permission to publish such content.
17. Trading Standards and Other Official Bodies.
17.1. The Client agrees that Best Bookings Ltd shall co-operate fully with any investigation by official bodies such as Trading Standards and authorises Best Bookings Ltd to pass on any details to said bodies as required by the investigation.
18. Limitation of Liability.
18.1. The Client agrees not to hold Best Bookings Ltd liable under any circumstances for any direct indirect or consequential loss of earnings and/or reputation howsoever caused as a result of any negligence third party hacking activity breach of contract misrepresentation or otherwise.
19.1. The Client shall not be entitled to assign their rights or obligations or delegate their duties under this agreement without the prior written consent of Best Bookings Ltd.