By using our Services, you are agreeing to these terms. Please read them carefully.
For all purposes, BCR Global shall be referred to as “BCR” within this policy. This statement does not necessarily apply to our business partners, affiliates, or to any other third parties. These “Terms and Conditions of Service” will apply to and govern all Contracts, both written and verbal, under which BCR and its affiliates agree to supply goods and services, and shall prevail over any terms and conditions of the client/customer, whether referred to in the clients order, or in correspondence and elsewhere. BCR reserves the right to change, alter, or update these terms at any time without notice. In the case of any redundancy between two or more charges, fees, or policies, the greater will always apply unless otherwise decided by BCR. BCR will enforce these terms at our sole discretion.
Our Services are very diverse, so sometimes additional terms or product requirements may apply. Additional terms will be available with the relevant Services, and those additional terms become part of your agreement with us if you use those Services.
Public Domain Software
In the case of software that is available as “freeware”, “shareware”, or otherwise supplied from the public domain, such software is supplied to the client on an “as is” basis. BCR makes no warranty as to fitness for purpose, performance or as to freedom from embedded malicious software.
Maintenance of Protection
It is the client’s responsibility to ensure that the effectiveness of any software supplied by BCR is maintained, program patches or other revisions, as may become available from time to time.
Use in Promotional Materials
Payment and Prices
Prices charged may be varied without prior notice. Payment shall be made no later than the due date listed on the invoice. BCR reserves the right to withhold delivery of any equipment or goods until complete payment is made. A late fee of up to 20% will apply to all delinquent invoices. BCR reserves the right to forward any late or delinquent charges to a collection company at any time at our discretion. BCR reserves the right to actively reverse and/or otherwise terminate all services rendered on invoices overdue by more then 60 days. In the case of web management services, if payment is not received within 14 days, the maintenance changes will be reversed until full payment is received. After 30 days, there will also be a $50 reposting fee added to the outstanding maintenance invoice balance.
The dates for delivery of goods, materials, or execution of activities mentioned in any quotation or acknowledgment of orders are approximate only. Delivery may be made in whole or in part at the option of BCR, and where delivered by installments shall be invoiced separately and seen as separate contracts. If, in the case of the contract or any order involving more than one delivery, default is made in payment on the due date, BCR shall have the right to suspend any further deliveries or activities pending payment, or to terminate the contract in its entirety.
Ownership of Goods
Title to the goods shall only pass to the client upon payment in full of all sums owing or due to BCR, whether under contract or otherwise.
BCR shall under no circumstances be liable for any loss, damage, expense, or injury of any kind. Whether direct, consequential, or otherwise, arising in connection with the execution of a contract or the use or failure of the goods supplied or any defect in them.
BCR shall not be liable to the client for any loss or damage which may be suffered by the client as a result of the delivery of goods, materials, or the execution of a contract being delayed prevented hindered or made uneconomic by reason or circumstances or events beyond BCR’s control including, but not limited to: (a) Act of God, or riot, strike, lock-out, trade dispute, labor disturbance, restriction or ban on overtime, accident, fire, flood or storm difficulty, or increased expense, or; (b) Failure by the client to give adequate instructions or supply the necessary information in due time.
All claims in respect of material, goods or non-execution of the Contract must be made in writing and received by BCR no later than fourteen (14) days of the date of delivery to the client, the client’s premises, or the client’s vehicle, or in the case of electronic transmission, from the date of transmission.
Any waiver by BCR of any breach of any term of these Terms and Conditions of Service shall be valid only if given in writing.
All contracts to which these Terms and Conditions of Service apply shall be governed and construed in accordance with the laws of the United States and the State of California, and the parties hereby submit to the jurisdiction of the courts of United States and the State of California.
Check that the details given are accurate and detailed. Any special instructions must be stated in writing upon engagement of BCR’s services, including data backup and specific requirements for upgrade. Ensure that you detail any leads, disks, manuals, or other accessories left with BCR. BCR accepts no responsibility for loss of data during repair or upgrade. Data will not be transferred from disk to disk unless it has been agreed. BCR can only re-install any software which has been supplied on a disk by the customer with a valid license code. Pre-loaded operating systems and software may be lost during a repair, so ensure that you have provided the necessary disks to reload the system. It is the customer’s responsibility to ensure that the equipment ordered is compatible with any third party software or equipment not already in BCR’s possession. If you are unsure, please arrange for us to view the equipment /software before the upgrade/repair. BCR accepts no responsibility for third party faults, errors with Internet Service Providers, telephone companies, power companies, viruses or spyware, or any other related supplier which may affect the running of the PC. BCR recommends checking these first in appropriate circumstances. Diagnostic fees apply automatically to any equipment still covered under a third party warranty.
When you collect/receive your PC
Ensure that all of the disks, manuals, leads, and accessories booked in are present upon collection. When new equipment or software is supplied, check that you have all the items you were quoted for. All Losses MUST be reported within seven (7) days and confirmed in writing. Machines left with BCR after repair/upgrade will be kept no longer than a period of three (3) months. Equipment and software may be placed into storage where appropriate, which may incur additional cost for the customer. After 3 months, the equipment or software may be sold to recover our costs.
BCR’s software installations are warranted for a period of 7 days against faults in the installation. BCR holds no responsibility for loss of data, and recommends that customers backup any data they deem to be irreplaceable, at regular intervals. Installation of operating systems usually requires formatting the hard disk of the computer. During this process, all contents of the hard drive are deleted permanently. Any request for hard drive imaging or data backup must be submitted to BCR in writing prior to the repair; otherwise BCR makes no guarantee, expressed or implied, as to the preservation or recovery of any data. Software cannot be transferred or preserved between operating systems under any circumstances. It is the customer’s responsibility to provide the disc(s) and valid product key(s) for any software to be installed on a new operating system. Additional fees may apply for any software installed. If BCR provides up-front payment for software, a 10% delayed item payment fee may be assessed on the client’s invoice at our discretion.
Any hardware installations undertaken by BCR at the customer’s request will carry a 30 day installation warranty. BCR accepts no liability for mechanical or electronic defects in the equipment supplied by the customer. The aforementioned defects are covered, for the customer, by the retail outlet of said equipment. I.E. warranties for mechanical/electronic defects are the sole responsibility of the retail supplier of the hardware component.
It is the customer’s responsibility to ensure that prior to BCR starting work on its computer system that all critical data has been backed up, and that appropriate recovery procedures are in place. It is the customer’s responsibility to back up all files and folders. BCR cannot accept liability for any loss of data and/or information during any repair, upgrade or diagnosis. If this data is in any way security sensitive, you are required to notify BCR in writing prior to engaging our services, otherwise BCR makes no guarantee, expressed or implied, as to the security of your data as it is handled by our technician(s).
We do our best to make the results of any repair or other service clear to customers before proceeding with said repair or other service. We make no guarantee as to the customer’s satisfaction with the results of our services.
Cancellation/No-show Fee and Age Requirement
It is the customer’s responsibility to notify BCR by phone in the event of any cancellation of an on-site appointment at least 24 (24) hours prior to the beginning of the appointment window. If the customer fails to make notification in a timely manner as described previously, a cancellation fee of up to $50 may apply. If the customer is not present within 10 minutes of our arrival, a “no-show” fee of up to $50 may apply. There must always be an adult over 18 years of age present during any on-site service. If an adult is not present at the time of our arrival, this will be considered a “no-show” and a fee of up to $50 will apply.
Website Development Payment Obligations
A 50% down payment may be required in order to begin development of your website. The balance due on your website is due after the design has been approved, the navigation has been approved and built, and the website pages have been built (regardless of whether content for the pages has been sent by the client). This provision is in place to not only encourage the client to get content submitted ASAP so that their site can go live, but also to ensure that BCR is paid the balance due even though the client does not have their content ready. It is the client’s responsibility to supply all content.
Website Development Cancellation
If site development has already begun, down payment is non-refundable. The customer is responsible to pay for all services performed on the project at our normal hourly rate regardless of the state of a site under development. BCR is under no obligation to supply the client with any materials from an uncompleted site. A web development cancellation fee of up to $100 may apply.
Stock photography refers to any photos and/or images not provided by the client. Stock photography purchased on behalf of client for use in website development is billable at a minimum of $15 per picture. This amount is separate from the amount quoted for website design and development.
The client is responsible for all content of a published website. This includes, but is not limited to, text, verbiage, design elements, images, photos, logos, videos, flash, audio, and other media. All written content must be provided in electronic plain-text or rich text format (such as email, text files, word documents, etc). BCR assumes no responsibility for the use of unlicensed content on a production site. BCR assumes no responsibility for errors in site content under any circumstances. When licensed content is used, the client will be provided with a copy of the license. In addition, any licenses may be kept on record for up to (1) year from the site’s publishing date at BCR’s discretion.
Website Maintenance (Management)
Depending on nature of website changes, prepayment may be required. In most circumstances a client will be invoiced after changes are completed. In this situation the invoice is due within 14 days.
Web Development vs Web Management
Generally, web development qualifies as any tasks involved in the creation of a website, redesign of a website, creation of new pages (not including blog posts or portfolio items), creation or addition of new features, or anything involving changes or additions to platform or theme code. Web Management qualifies as platform updates, security updates, plug-in updates, content changes, and other non-feature edits to pages. If you are unsure about whether your service request will be billed as web development or web management, please ask.
Your hosting account will be automatically renewed under the same time and fee structure unless you give written notice to BCR fifteen (15) days before the renewal date that you do not wish to renew such account.
If you wish to transfer your file/web hosting to another provider BCR can, upon request, download your site’s file system onto a USB Flash Drive and mail it to you. The cost for this service $50 per copy. FTP access to your site can also be made available for transfer purposes. The cost for this service $50 per month of FTP access. It may take up to seven (7) days for FTP access to be made available. If you wish to transfer your database hosting to another provider BCR can, upon request, download your site’s database onto a USB Flash Drive and mail it to you. The cost for this service $50 per copy. PHPMyAdmin access to your database can also be made available for transfer purposes. The cost for this service $50 per month of PHPMyAdmin access. It may take up to seven (7) days for PHPMyAdmin access to be made available.
Nameserver Transfer, Release of Domain, DNS Zone Exports
In the event that the client no longer wishes to use BCR’s nameservers for the client’s domain, the client may contact the registrar to make such a change. In the case that the domain is linked to BCR’s registrar account, the domain will be unlocked and released by BCR at no cost. All authorization codes will also be forwarded to the client at no cost. The client is responsible for paying all transfer fees to the new registrar. If the client requires a copy of the DNS zone file, BCR can make this file available for a fee of $50.
Copyright, Ownership, and Rights to Footer
The entire content of any site in “beta” (or not yet released publicly), including design, code, layout, images, content, and other components are the sole property of BCR and its partners. Copyright is released to the client upon payment for the site. Upon payment for the site, the public content becomes the property of the client. This DOES NOT include source code or themes used in the design of the site, or any software upon which the site is based. BCR reserved the right to maintain a development credit and hyperlink in the footer of the client’s site, not to exceed 3 square inches of page space at standard resolutions. The client may remove this footer credit for a fee of $200. BCR reserved the right to maintain a development credit and tribute in the first 100 lines of source code, which is not to be removed under any circumstances.