Banana Business Terms and Conditions of Service

All services provided by Banana Business LLP are subject to the following terms and conditions.

Quotes & Contracts

Quotes provided to prospects will be honored for 30 days. A new quote will then be provided upon request.

Charges & Fees

All new design projects that are £400 or less require full payment upon contract signing.

Projects where the total cost is between £401 and £800 will be made over two payments. An initial 50% deposit will be due at contract signing. The remaining 50% balance will be due upon acceptance of the completed project before it is released to the client, published to the internet or electronically communicated.

All design projects that exceed £800 will be split into three payments. An initial deposit of 33% of the total project cost will be due at contract signing. A second payment of 33% the total project cost will be due upon acceptance of the concept. The final balance will be due upon acceptance of the completed project before it is released to the client, published to the internet or electronically communicated.

Any check payments that do not clear will be charged a £30 fee. Banana Business retains the right to hold all graphics, and project development with the exception of content and graphics provided by the client, until payment is received for such items. (see copyright & ownership clause)

Payments

Banana Business accepts payments via PayPal, Cheque or Direct Internet Transfer only. Your project will not be released to you or uploaded until full payment is received.

Design Credit

Banana Business design clients will have a Design by: Banana Business link on their website or email footer of every page or email designed by Banana Business. This is non-negotiable. By hiring us to work on your projects you are agreeing to this, and that you understand that this link may not be removed without our consent. You may pay Banana Business a fee to have this link permanently removed. Should you have a new layout designed for your site or email by a company other than Banana Business, you may remove the credit.

Copyright & Ownership

Upon completion of a project, Banana Business transfers all rights and ownership of designs by Banana Business to the client. All programming written by Banana Business will be permanently licensed to the client. Software and third party graphics or programs are not transferred to the client and remain under copyright of their respective owners. Licenses for the use of the any third party graphics or programs are retained by Banana Business.

Banana Business reserves the right to resell custom designed projects that remain unpaid by the original client, unaccepted concepts or other graphics created by Banana Business but not in legal use by the client.

Banana Business reserves the right to display all projects and graphics that have been designed by Banana Business on our website, and in any other literature as examples of our work.

Refunds

Banana Business requires a deposit before we begin work on any project. A request to terminate services must be presented to Banana Business in writing.

Refund Amounts will be calculated in the following ways after signing a contract:

• A cancellation fee of 20% of the total deposit paid will be retained for projects that have been booked, but cancelled prior to the start date.
• A cancellation fee of 100% of the total deposit paid will be retained on projects where the concept portion of the development has been either started or completed, and the client has accepted the design, but where the development process of the project has not begun.

(Upon payment, the concept will be released in its current state to the client for use. (see copyright & ownership clause)

• Projects that are in the development process at the time the request for termination is received will be billed the percentage of the balance to be paid on the project that is relevant to the stage of development that has been completed. Upon payment of these fees, the work completed up to the time of termination will be released to the client. (see copyright & ownership clause)

Refunds will be processed within 30 business days of request by the client, if there is a refund amount due based on the terms above.

Because we resell hosting for a larger company, we are unable to offer refunds on hosting, SSL and domain services. If you are dissatisfied with the hosting services provided, we will be happy to work out an alternative solution with you that will meet your company needs.

Chargebacks

Banana Business will not negotiate chargebacks with any person or company. Our Refund policies are clearly stated above, and all clients are asked to read and agree to our terms and conditions of service prior to the start of any project.

Development & Delivery

Banana Business understands the importance of completing projects on time. We agree to complete a project within an agreed date of the contract being signed. If the client does not supply Banana Business with complete text, graphic content and other agreed materials for the contracted client, within the agreed period in the contract of when the initial deposit paid, the contract becomes void and all deposits paid by the client are forfeited. The client may request a project extension in writing to Banana Business. A fee may be applicable at our discretion for every 30 days extension. This fee will not exceed 15% of the total cost of the project.

If we are unable to communicate with a client on a project for the duration of at least sixty days by either phone or email during the design and development process, the project will be canceled without prior notice and no refund will be issued.

Any alterations for projects are to be requested in writing either by email or postal mail by the Client. Banana Business reserves the right to advise the Client as such, provide a separate quotation and to request payment for any further alterations. Banana Business reserves the right to receive payment for any alteration costs before continuing work.

Upon completion of an agreed project the Client is asked to confirm in writing by email or postal mail that the design is signed off as complete and agree that any further design alterations are chargeable.

The client agrees that a HTML page or email built from a graphic design may not exactly match the original design because of the difference between the display in design software and the rendering of HTML code by internet browser software and email clients. Banana Business agrees to try and match the design as closely as is possible when building the code.

Banana Business reserves the right to assign subcontractors in whole or as part of a project if needed.

Banana Business shall make every effort to ensure sites are designed to be viewed by the majority of visitors. Websites and emails are designed to work with the main browsers Internet Explorer and Mozilla Firefox, Chrome and Safari's latest releases and those of the main email clients including AOL, Outlook, Apple Mail, Gmail, Yahoo mail and Hotmail plus many others. Clients agrees that Banana Business cannot guarantee correct functionality with all browser and email client software across different operating systems.

All communications between Banana Business and the client shall be by telephone, email, Skype or postal mail, except where agreed at Banana Business discretion.

Electronic Direct Marketing

The client will not use Banana Business to send any unsolicited email to anyone who has not consented to receive email from you. This can result in systems being blocked by various ISP's, for you to send an unsolicited email to an entire list of people you don't know.

You may use Banana Business only to send emails to individuals and entities that have given the client permission to send emails to them.

If Banana Business sends emails from your lists, and you get an unusual amount of SPAM complaints (more than 1 out of 1,000), ISPs will begin blocking future emails from your company. They will also request that Banana Business does not manage any subsequent campaigns from the client. If the client does not have proof that each recipient on your list has opted-in to receive your emails then do not pass this list to Banana Business to administer a campaign

The client will not ask Banana Business to administer a campaign that includes:

• Purchased lists
• Rented lists (even if they "opt in").
• 3rd party lists

You should only use Banana Business to send newsletters, updates, and promotions to clients who specifically requested email from you.

Before passing any list to Banana Business from a CRM or any other database the client maintains, and understands permission-lists-only rules. The client must remove any prospects or leads who did not explicitly request email marketing from you. Even if you're sending email marketing to customers who have consented to receive your email, you are still required, under applicable law, to allow them to opt-out of your email marketing list

The client must not use Banana Business to send anything offensive, to promote anything illegal, or to harass anyone. The client must not offer any of the following goods or services:

• Illegal goods or services
• Escort and dating services
• Pharmaceutical products
• Get-rich-quick or work-at-home schemes
• Online trading, day trading tips, or stock market related content
• Gambling services, products or gambling education
• Multi-level marketing
• Affiliate marketing
• Credit repair, get-out-of-debt content
• Mortgages and/or Loans
• Real estate prospecting or listing
• Nutritional Supplements, Herbal Supplements or Vitamin Supplements
• Pornography or nudity in content
• Adult novelty items or references in content
• List brokers or List rental services
• Marketing or sending commercial email without proper permission

This is not for discrimination reasons but due to the fact that the above content results in higher than normal bounce rates and abuse complaints.

If you do not meet these eligibility requirements, you may not use Banana Business' direct e-marketing service.

Liability

On handover of files from Banana Business to Client, the Client shall assume entire responsibility in ensuring that all files are functioning correctly before use. If an error or issue with the design or programming arises during the project which does not allow the design or code to match the original specification, then Client agrees that Banana Business can apply a nearest available alternative solution. After site completion, a client or third party of their choosing may wish to edit their programming themselves to make updates. However, the Client agrees that in so doing they assume full responsibility for any issues which occur as a result of changing the code themselves. If the client or a third party of their choosing edits the web site or email programming and this results in functionality errors or the page or email displaying incorrectly, then Banana Business reserves the right to quote for work to repair the design or programming.

Banana Business endeavors to provide goods and services within the given delivery timescales to the best of it's ability. However, the Client agrees that Banana Business is not liable for any claims, losses, costs incurred or compensation due to any failure to carry out services within a given delivery timescale. Whilst every effort is made to make sure files are error free, Banana Business cannot guarantee that the display or functionality of the web design or email will be uninterrupted or error free. If after handover of files errors are found in code that Banana Business has created and the main browsers, email clients, domain name setup and hosting setup, are the same as when work began, then Banana Business will correct these errors for the Client at our discretion.

If after handover of files errors are found in code the Banana Business has created and the main browsers and email clients have released an updated software version, or the domain name setup or hosting setup has been changed, Banana Business reserves the right to quote separately for any additional work needed as a result of changes to the browser software, email client software, domain name setup or hosting setup.

Banana Business endeavors to website pages that are search engine optimised, however, we give no guarantee that the site will become listed with search engines or of certain search results. In no event shall Banana Business be held liable for any changes in search engine rankings as a result of use of Banana Business code.

The Client agrees Banana Business is not liable for absence of service as a result of illness or holiday. Banana Business shall have no liability to the Client or any third parties for any damages, including but not limited to, claims, losses, 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 web site, even if Banana Business has been advised of the possibility of such damages.

Should the Client go into compulsory or involuntary liquidation or cannot pay its debts in the normal course of business, Banana Business reserves the right to cancel forthwith any projects and invoice Client for any work completed. There are sometimes laws and taxes which affect Internet ecommerce. Client agrees that it is their responsibility to comply with such laws and will hold harmless, protect, and defend Banana Business and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the Client's exercise of Internet ecommerce.

Banana Business may from time to time recommend to the client that updates are needed to their projects to comply with, including but not limited to, new legislations, software releases and web standards. Banana Business reserves the right to quote for any updates as separate work. The client agrees Banana Business is not liable for any failure to inform or implement these updates to their site. The client agrees that it shall defend, indemnify, save and hold Banana Business harmless from any and all demands, liabilities, costs, losses and claims arising from omission to inform or implement these updates.

International Customers

We are happy to accept projects from customers outside of the United Kingdom. However, we do require full payment of all projects prior to beginning your project. This is non-negotiable.

Project Consideration

Please note that Banana Business will not accept projects that we find morally questionable, unethical, or distasteful.

Notice: This Agreement shall be governed by and construed in accordance with the laws of the United Kingdom.

Acceptance

Please note that by submitting your down payment for our services you are agreeing to all of our terms of service as written here. Banana Business reserves the right to change or update these terms at any time without prior notice.