Terms & Conditions

Development Work

Development work is defined as any once-off work carried out by BeQuick. Development work will typically be accompanied by a project proposal and/or an hourly estimate of the work involved.

• In your proposal, It is estimated that this project will take a number of hours to complete the project depending on the options. In the unlikely event the time goes outside these parameters there may be extra costs incurred
• Payment terms: 50% in advance, 50% on project completion. For small projects of under €2,000, the minimum deposit is €1,000 + vat.
• Hourly work: Is billed at the rate of €75 – €150, deposit required for new customers
• All quotations valid for 30 days
• All quotations @ Vat 23%
• All deposits are non-refundable once work starts
• Initial Payment is the formation of a contract and confirms the start date
• Testing and Acceptance is given a window of 2 weeks, after that charges may occur if overrun goes outside this timeline
• Cancellation or abandonment of a project for any reason, incur 75% of the project value
• All assets belong to the project are owned by BeQuick Media until final payment has been made
• Online Marketing is managed on a monthly basis and is considered under the “recurring contracts” section below
• For projects that go outside estimated timelines, final payment can be sought before completion if the delay is at the client-side
• Our estimation of the timeline is only an example reference point that similar projects of similar nature have been completed. If this goes outside this timeline, it’s not the responsibility of BeQuick Media
• Website projects may include a number of revisions as stipulated in the project proposal, though changes to the core design of the website and the theme are not included. Revisions must be submitted within 7 days unless otherwise stipulated in the contract.
• Testing and Acceptance must be fully done by the client. BeQuick will test the website fully but it still full testing should still occur pre-launch by the client
• Once work has started on a project, the initial payment is non refundable should the client decide to cancel the project before completion. BeQuick may seek the final instalment from the client if a project is cancelled and we have completed the work to the agreed project specification.
• Cancellation: If the client refuses to engage in dialog over a period of 30-days, and as a result they are negatively affecting our ability to complete the project. This project can be cancelled by BeQuick without penalty and additional fees may be added to restart the project.

Recurring Services

Recurring services are defined as any service which recurs on a regular basis, including hosting, management and digital marketing.

• Initial Payment is the formation of a contract and confirms the start date
• Payment terms: billed 1 month in advance
• Hosting: Full server ownership remains with BeQuick Media, while our clients retain full ownership of any hosted materials such as websites, imagery and customer information
• Non-payment: BeQuick provide a 7-day grace period on non-payments. After the 7-day grace period, if no payment is received, BeQuick Media reserve the right to switch off all applicable client services. BeQuick Media accept no responsibility for any loss of digital assets or revenue. Digital assets may include: domain names, server hosting, website backups, advertising assets, email hosting, content, and more. No work will be carried out until all unsettled payments have resolved.
• Cancellation: All recurring contracts require a 30-day cancellation period and require that the client remove their subscription by accessing their account page, available at https://bequick.ie/my-account

Pay Per Lead

Pay per lead services are defined as any enquiry generated through a BeQuick Media owned brand/website.

• Initial Payment is the formation of a contract and confirms the start date
• Once work the first lead has been delivered, the initial payment is non refundable should the client decide to cancel the project before completion.
• Payment terms: billed in advance. No arrears payments are supported.
• Replacement terms: If a lead is uncontactable, this is known as a “non contact lead”. BeQuick have 2 prices for leads, the replacement and non-replacement price. The replacement lead replaces “non-contacts”, and the non-replacement does not. All leads are non-replacement unless specified otherwise. All replacements must be submitted within 7-days of the lead being delivered.
• Lead ownership: All BeQuick Media leads are one-to-one, meaning that we only sell each enquiry to a single vendor.
• All assets belonging to the project are solely owned by BeQuick Media. The website, brand, assets, ad accounts, lead validation & delivery systems, CRMs and all other connected assets are property of BeQuick Media and remain so in perpetuity.
• Priority Clients: BeQuick divides it’s PPL (Pay per lead) clients into 2 priority categories.
  • Priority 1 Clients: These clients are subscribed to our monthly auto-charge. Priority is given to these clients in terms of lead allocation in days/weeks/months where demand is too high / supply is low. This is because the automatic charge means we must prioritise fulfilling our agreement before the next period begins.
  • Priority 2 Clients:  These clients are not subscribed to our monthly auto-charge. As these clients are not subscribed, we can reduce their delivery volumes in times where demand is too high / supply is low.

The following terms and conditions apply to all services offered by BeQuick. By ordering services from BeQuick you are agreeing to the following terms and conditions.

Definitions

The Client: The company or individual requesting the services of BeQuick
BeQuick: Primary designer/site owner & employees or affiliates

General

BeQuick will carry out work only where an agreement is provided either by email, telephone or mail. BeQuick will carry out work only for clients who are 18 years of age or above. An ‘order’ is deemed to be a written or verbal contract between BeQuick and the client, this includes telephone, text and email agreements.

Website Development, Design & Hosting

Whilst every endeavour will be made to ensure that the website and any scripts or programs are free of errors, BeQuick does not accept responsibility for any losses incurred due to malfunction, the website or any part of it. The website, domain names, graphics and any programming code remain the property of BeQuick until all outstanding accounts are paid in full and cleared in our company bank account.

BeQuick does not take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.

Any additions to the brief will be carried out at the discretion of BeQuick and where no charge is made by BeQuick for such additions, BeQuick accepts no responsibility to ensure such additions are error-free and reserve the right to charge a fee for any corrections or further additions.

The client agrees to make available as soon as is reasonably possible to BeQUick all materials required completing the site to the agreed standard and within the set deadline.

• BeQuick will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines
• BeQuick will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner
• BeQuick 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
• BeQuick 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
• BeQuick does not keep any copy of your website unless explicitly agreed as part of a SLA
• A part payment of 50% is required with any project before any design work will be carried out. This figure may be higher for new businesses. Once a website has been designed and completed the final balance of payment is then due in accordance with our payment terms outlined above. There are no exceptions to this, i.e If the client decides they no longer requires the site, as they have commissioned the work and paid a part payment they are still obliged to pay for the work that has been done. Non payment will result in legal action being taken if necessary
• BeQuick’s name must be included in the footer at all times whether it’s hosted on our server or the client’s server

Additional Charges

Additional charges may be incurred where BeQuick have to purchase items from third party providers. These items may include: plugins, themes, software licences, images, videos. It can be difficult to accurately estimate the costs of these items pre-launch but our team will do our best to advise clients on the expected cost before work begins.

Any licences that require a subscription, must be covered by the customer, unless otherwise specified by an BeQuick subscription agreement or contract. All licences must be explained to the client before subscribing.

Software & Programming

BeQuick do not take responsibility for any losses incurred by the use of any software created for the client. 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.

All code developed will be the sole ownership of client, where they are not open source and created specifically for the client.

The client is expected to test fully any application or programming relating to a site developed by BeQuick before being made generally available for use. Where “bugs”, errors or other issues are found after the site is live, BeQuick will endeavour (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief. BeQuick will endeavour to ensure that any developed/designed site or application will function correctly on the server it is initially installed in and that it will function correctly when viewed with the web browsing software. BeQuick can offer no guarantees of correct function with all browser software.

Hosting

Whilst BeQuick can recommend hosting companies to host websites, no guarantees can be made as to the availability or interruption of those services by BeQuick. BeQuick 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. Therefore all sites developed by BeQuick are hosted on our servers, that have maintenance agreements in the following server companies located in Ireland with the highest level of security and performance. If you already have a domain name and hosting we can transfer them to our server and host for you. Backups are run daily on a server linked to the main hosting server and also on AWS.

If you choose to host your website with a different provider we will move your site for you, but once the site is moved out of our own servers we take no responsibility for security, performance, updates or any other aspect of your site. Hosting on an external server, particularly with cheaper providers, can result in poor performance, security risks, and regular downtime.

BeQuick reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial, and also to terminate the free hosting service should the necessity arise.

Renewal of Maintenance and or Hosting occur on the first of each month. If there is no payment at renewal date, there is no maintenance contract in place and the website files on our servers will be removed and deleted within 60 days from the date of invoice where the client has been notified of the pending renewal, every effort will be made to contact the client via email and telephone, but no liability is accepted should a client be uncontactable. At a time where there is no maintenance contract in place your website may become vulnerable and may not be compliant with latest updates, it’s very important to have a maintenance contract in place to avoid this. If there is a break in maintenance BeQuick is not responsible for broken plugins, code or security breaches in this time there is no maintenance contract in place.

Payment

A part payment is required from any new client before any work is carried out. It is BeQuick policy that any outstanding accounts for work carried out by BeQuick or its affiliates are required to be paid in full when the website is completed and launched, If payment is not received by go live date, the site will be taken down. 30 days from this date the website will be deleted without further notice from our servers unless by prior arrangement with BeQuick.

Once a part payment is paid and work completed you are obliged to pay the balance of payment in above notes. We will contact clients via email and telephone to remind them of such payments if they are not received when due.

If accounts are not settled or BeQuick have not been contacted regarding the delay, access to the related website may be denied and web pages removed, we will then pass such cases to the Small Claims Court to pursue payment, non payment can result in county court judgements (ccj’s) being added to the clients credit rating.

Following consistent non payment of an invoice our Solicitors will contact the client in question with a view to taking the matter further and, if need be, to seek payment through legal procedures including, if necessary, court summons.

Indemnification

Client agrees to use all BeQuick services and facilities at their own risk and agree to defend, indemnify, save and hold Developer harmless from any and all demands, liabilities, costs, losses and claims including but not limited to attorney’s fees against BeQuick or it’s associates that may arise directly or indirectly from any service provided or agreed to be provided or any product or service sold by the Client or its third parties. Client agrees this indemnification extends to all aspects of the project, including but not limited to web site content and choice of domain name.

Client also agrees to defend, indemnify and hold harmless BeQuick against any liabilities arising out of injury to person or property caused by any service provided or agreed to be provided or any product or service sold by the Client or third parties, including but not limited to, infringement of copyright, infringement of proprietary rights, misinformation, delivery of defective products or services which is harmful to any person, business, company or organisation.

Any access given to a third-party website developer or programmer at any time to the server or software, prior notice in writing is required at least 48 hours before access is given. BeQuick cannot be liable for any changes or consequences of broken software whilst any third-party programmer is engaged. BeQuick will not fix any third-party code part of maintenance. This work will be assessed and quoted for separately to any management agreements in place.

Limitiation of Liability

1.1 Nothing in this Agreement:

1.1.1 shall limit or exclude the Client or BeQuick liability for:

(a) death or personal injury caused by its negligence, or the negligence of its personnel, agents or subcontractors;

(b) fraud or fraudulent misrepresentation;

(c) any other liability which cannot be limited or excluded by applicable law;

1.2 Subject to clause 1.1:

1.2.1 neither party to this Agreement shall have any liability to the other party, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any indirect or consequential loss arising under or in connection with this Agreement;

1.2.2 BeQuick total liability to the Client, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with this Agreement shall be limited to 50% of the total Charges paid by Client under this Agreement;

1.2.3 the Customer’s total liability to the Supplier, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with this agreement shall be limited to 80% of the total Charges paid by the client under this Agreement.

1.2.4 Additional costs for client internal or external resources to complete the project cannot be recovered other than the monies paid for the project. All web development projects require effort internally to complete the project, this time not recoverable under this contract and is limited to cost of the project quoted.

Non Disclosure

BeQuick and any third party associates agrees that, except if directed by the Client, it will not at any time during or after the term of this agreement disclose any confidential information. Likewise, the Client agrees that it will not convey any confidential information about BeQuick to another party.