AGREEMENT TO BE BOUND BY THESE TERMS & CONDITIONS:
By using Blvck Phenix Technologies’s services and signing up as a Client for any job, task or project, you, the Client, agree to be legally bound by these Terms & Conditions.
Please, read these terms carefully. By using the products and/or services of Blvck Phenix Technologies you agree to abide by these Terms & Conditions.
These T&C and any additional Terms of Sale (T.O.S.) or contract specific to a project, service, special offer or promotion set out the entire agreement between Blvck Phenix Technologies and the Client.
DESCRIPTION & DEFINITIONS
Blvck Phenix Technologies:
In these terms and conditions, Brain&Paper, LLC dba Blvck Phenix Technologies, the Blvck Phenix Technologies service, all services related to it, and all text, images photographs, user interface, “look and feel”, data and other content included in it from time to time (including, without limitation, the selection, coordination and arrangement of such content) are referred to as “Blvck Phenix Technologies”, “Blvck Phenix Technologies”, https://blvckphenix.com/, “us”, “we”, “website” or “service”.
Client:
“Client” is defined as representing one business (company or entity) or person (sole trader). Client may also be referred to as “himself/herself” or “his/her” or “their” or “site owner” in this document. Client may also be referred to as the staff member, employee, agent or third party on behalf the Client.
Service:
Blvck Phenix Technologies provides the client various services including, but not limited to:
• Template Website Design and Development
• Ecommerce Development and Consulting
• Custom Website Design and Development
• Web and Internet Consulting
• Website Maintenance and Security
• Website and Email Hosting Service
• SEO – Search Engine Optimisation Service
• Digital Marketing Service
• Google AdWords / Online Advertising Service
• Social Media Service
• Online PR Service
• Email Marketing Services
Software Development Training
Deliverables:
For each project or job, Blvck Phenix Technologies follows a production process that is divided into stages. For each stage, specific deliverables are produced for the client which will be specified in a project brief or a job quote where applicable. A task, job or project will be considered complete where either the Client approves the task, job or project as being completed or where Blvck Phenix Technologies determines that the task, job or project is complete according to the project scope or the task / job definition and parameters as set out in a verbal or written agreement.
Blvck Phenix Technologies may provide the Client with domain name registration, web and email hosting services, custom website design, website design, digital marketing services and consulting services and so on in accordance with the product and/or service the client has requested.
Project Scope:
A project scope defines and sets out what work or service or item or feature is to be included and / or completed for the project in question. The descriptions and definitions and parameters in a project scope are intended to be clear to Blvck Phenix Technologies and the Client as well as to any third party to judge and finalise the interpretation of any part of a project scope and the relevant task, job or project.
Estimates:
An estimate is an approximation of the hours or fees required to complete or deliver a task, job or project. Any final invoice or fee for the work approved by a Client based on an estimate will usually be close or similar to the estimated figure excluding variations to the project or changes in the scope. However, an estimate is not a fixed price and should not be viewed by a Client as such. An estimate is a guide to the final price only.
Blvck Phenix Technologies will sometimes use an estimate during the early stages of project discussions or for ad-hoc works where Client and Blvck Phenix Technologies have together approved this billing / engagement model.
Blvck Phenix Technologies will usually follow up an estimate by providing a retainer invoice of invoice where the Client has given a general approval for the estimated fee or cost.
Retainer invoices / invoices:
A retainer invoice or invoice is a specific fee or price that we set down for the requested task, job or project. It will include parameters and defined deliverables. A retainer invoice or invoice will not vary as it is fixed. Any variations to the retainer invoice or invoice or requirements requested by the client will be quoted separately with a set fee or price for that job or project or task.
FORMS AND RESPONSES
Client Portal:
Blvck Phenix Technologies may provide an online client portal for Clients to use to contact Blvck Phenix Technologies for an enquiry, a call back or a change request. If requested, Blvck Phenix Technologies may issue a Proposal with an Estimate or invoice in respect of any deliverable proposed to be provided under these Terms & Conditions. Blvck Phenix Technologies may decide, in its sole discretion, to deny a quotation request or information enquiry.
PROPOSALS, ESTIMATES AND QUOTES:
In response to a request for service or a specific product or service request, Blvck Phenix Technologies may produce a proposal that will remain valid and open for acceptance by the Client for up to 30 days, unless otherwise agreed by Blvck Phenix Technologies, from the date of issue that may include any of the following:
Creative Brief / Proposal
Project Scope
Job / Task Definition
Description and Features
Fees and Charges
Any other specifics or TOS related to the product, service or special offer
Blvck Phenix Technologies reserves the right to withdraw a proposal or quote at any time.
By approving any estimate or project contract, verbally or in writing, a Client agrees to be bound by these terms and conditions and to pay to Blvck Phenix Technologies the agreed fees set out in the quote or project contract when Blvck Phenix Technologies requests payment or as otherwise set out in the quote or the project contract.
INVOICES, SUSPENSION AND TERMINATION
Invoices
All pricing is given in either United Dollars or Nigerian Naira.
Blvck Phenix Technologies’s invoices are due on the date of issue and are payable upon receipt by the Client unless otherwise agreed to in writing.
Any outstanding invoices for work completed or services provided to the Client by Blvck Phenix Technologies requires payment in full due on receipt of the invoice unless otherwise agreed to writing between the parties. On completion of a task, job or project the client is obliged to pay the balance of the invoice in full.
Fees Due in Advance for Service
Some services including, but not limited to, hosting and support fees and search engine opimisation fees are due in advance for the applicable period as noted in the invoice. Such fees and the related invoice must be paid in full prior to the commencement of the applicable service period be that one month, one year, or 24 months.
Quote, Job or Project Completion
Once a Client approves the job or task to “go live” or where Blvck Phenix Technologies defines the job or task as being “completed”, an invoice will be issued to the Client with payment on that invoice due immediately unless otherwise agreed to in writing between the parties.
Any warranty work that Blvck Phenix Technologies will carry out to fix / correct any bugs or faults in the website or system as reported by the Client or as found by Blvck Phenix Technologies that may be covered by warranty or by the scope of the task, job or project will be completed as soon as reasonably possible by Blvck Phenix Technologies.
A revision, where allowed and applicable, to the design or function of the website or system that may be included in the scope of the task, job or project will be completed as soon as possible by Blvck Phenix Technologies.
Blvck Phenix Technologies reserves the right to postpone or delay or refuse warranty fix work or revisions or enhancements to a website or system for the Client if the Client has overdue outstanding invoices for any job, task or project.
Project Contract Payment Milestones
For each project contract, there are payment milestones that will occur at various stages or points during the timeline of project. For each payment milestone, a fee is due as set out per contract which will be invoiced at the time of the payment milestone being reached with payment by the Client on that invoice due immediately unless otherwise agreed to in writing between the parties.
Suspension:
If the client defaults on their payment or otherwise fails to pay their account with Blvck Phenix Technologies as per the terms under this agreement, Blvck Phenix Technologies reserves the right to suspend services and to apply administrative fees of $165.00 / N 63,525 per hour, plus any other costs that may have been incurred, to reactivate the services.
Refunds:
Hosting fees, SEO (Search Engine Optimisation) fees, Digital Marketing service fees and all service fees charged, unless otherwise specified, are non-refundable for the term / service / product paid for by the Client.
Termination:
If the client chooses to discontinue the services supplied by Blvck Phenix Technologies and the Client has paid all monies owed to Blvck Phenix Technologies, Blvck Phenix Technologies will help the client to transfer their Domain Name to another provider/agent if requested to do so by the Client. Charges to the Client may apply if the work required or requested to complete the transfer falls within 5 years or the project launch date as specified by Blvck Phenix Technologies.
Blvck Phenix Technologies may opt to discontinue services if an amount payable to Blvck Phenix Technologies is overdue or to take down a website permanently in any case where an amount payable is overdue by more than 30 days. In any such event, the client remains liable for the total cost of the contract including all disbursements; unless otherwise agreed in writing between Blvck Phenix Technologies and the client.
Blvck Phenix Technologies may terminate any agreement immediately if the client breaches any of these Terms & Conditions, or if he/she is a company going into insolvent liquidation, or if the client is a person he/she is declared bankrupt.
Ownership of the product remains with Blvck Phenix Technologies until payment in full is made to Blvck Phenix Technologies by the client.
Blvck Phenix Technologies reserves the right to discontinue services and terminate the Client at the sole discretion of Blvck Phenix Technologies where Blvck Phenix Technologies provides the Client notice in writing of said termination.
Debt Collection:
Upon default by the Client in regard to any obligation under their agreement with Blvck Phenix Technologies and where the Client fails to rectify the default after notification by Blvck Phenix Technologies, the Client authorises Blvck Phenix Technologies to notify any debt collection agency of the default and charge said debt collection agency with collecting the outstanding debt owed to Blvck Phenix Technologies by the Client.
Should this occur then at Blvck Phenix Technologies’s sole discretion it may terminate the contract and/or service being provided to the Client at which time the full outstanding balance for the remainder of the minimum term in the relevant agreement or payments shall be due in full.
INTELLECTUAL PROPERTY
Blvck Phenix Technologies is the copyright owner of all works created or developed by Blvck Phenix Technologies for a client unless otherwise agreed to in writing. When payment for the product or service is made in full by the client for the product or service, the client is licensed to use the product or service for its intended use within the context of their business and the product itself. However, the client is restricted from selling the product or promoting the product as their own unless otherwise agreed in writing with Blvck Phenix Technologies.
Blvck Phenix Technologies claims no intellectual property rights to works created by any third party designers or developers that may be used from time to time, such rights remain with the relevant third party.
MORAL RIGHTS
As a creator of copyright material, Blvck Phenix Technologies has the following rights:
To be attributed when its work is used;
Not to have its work falsely attributed to someone else, nor to have the altered work attributed as if it were unaltered; and not to have the work treated in a manner that would prejudice Blvck Phenix Technologies’s honour or reputation.
INTERNATIONAL LICENSING REQUIREMENTS
Blvck Phenix Technologies may display its own copyright and intellectual property notices on any websites that Blvck Phenix Technologies develops and the client (or any third parties related to or engaged by the client) must not remove, obscure, deface or alter such copyright and intellectual property notices except by agreement in writing with Blvck Phenix Technologies
THIRD PARTY
The client agrees that in the provision of web design services by Blvck Phenix Technologies we may utilise the services of third party contractors, and that we may pass on to such contractors any information or materials, including design brief and data, provided to us by you.
In the event any material necessary for the production of the project must be passed on to a third party, Blvck Phenix Technologies will incur no liability for losses incurred in transit, or due to the delay of the shipper of the third party.
Blvck Phenix Technologies may accept to maintain and secure a website that is not hosted by Blvck Phenix Technologies’s third party. In that case, the client will refer to Blvck Phenix Technologies fees and charges for the requested services.
AGREEMENT NON EXCLUSIVITY
The client acknowledges that Blvck Phenix Technologies is providing services to the client on a non-exclusive basis and that Blvck Phenix Technologies may provide services and products of the same or a similar nature to any other party (provided that in doing so it does not breach privacy).
Blvck Phenix Technologies shall be free to reproduce, use, disclose display exhibit, transmit, perform, create derivative works, and distribute any items unless specifically agreed otherwise. Further, Blvck Phenix Technologies shall be free to use any ideas concepts know-how or techniques acquired in construction of sites for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and other items incorporating such information unless specifically agreed otherwise.
Blvck Phenix Technologies retains the right to use the completed project and any preliminary designs for the purpose of design competitions, future publications on design, educational purposes, marketing materials, and portfolio. Where applicable the client will be given any necessary credit for usage of the project elements.
WARRANTIES & LIABILITIES
Limited Warranty:
Blvck Phenix Technologies provides a limited warranty for websites and systems that are developed and designed by Blvck Phenix Technologies. This warranty is valid for up to 90 days from the date of launch of the website or system or from the date that Blvck Phenix Technologies determines that the website or system is ready to launch unless otherwise agreed to in writing between the parties. This limited warranty applies to works performed by Blvck Phenix Technologies that are “in scope” for a project scope and contracted project or that are clearly specified in the applicable written quote.
Where applicable for any bug or problem or fault with the noted or reported function or element that is covered by this limited warranty where the function or element is deemed to be “not working” when assessed by Blvck Phenix Technologies against the project scope or the written quote specifications, Blvck Phenix Technologies will “fix” the bug or problem or fault in the website or system at no cost to the Client where Blvck Phenix Technologies determines that the bug or problem or fault is because of recently completed works performed improperly or incompletely by Blvck Phenix Technologies during the execution of the works in question.
This warranty is voided if the Client or a third party acting on behalf of the Client is issued with FTP or Shell or MySQL or similar access to the website / system hosting or the relevant hosting control panel by Blvck Phenix Technologies.
This warranty may be voided if a Client or a third party acting on behalf of the Client installs any extensions or plugins or additional software into the website or system without the express written permission and approval of Blvck Phenix Technologies.
This warranty does not include any issues or faults or incompatibilities that are caused by third party software, systems, extensions, plugins or similar.
Website
Blvck Phenix Technologies will ensure that any site or application will function correctly at the time of the website development and going “live” when viewed with the current versions of the following internet browsers; Microsoft Internet Explorer, Mozilla Firefox, Google Chrome and Apple Safari, unless otherwise agreed in writing.
Any warranty or guarantee provided by Blvck Phenix Technologies for a website is conditional upon the website being hosted by Blvck Phenix Technologies on hosting servers run and operated by Blvck Phenix Technologies that have restricted access to the hosting server and/or the hosting control panel for the hosting server.
Any warranty or guarantee provided by Blvck Phenix Technologies for a website is rendered null and void if the client or any other third party accesses the website or the relevant website server via an FTP connection or hosting control panel.
Blvck Phenix Technologies can offer no guarantee of correct function with all browser software in future releases of any internet browser. However, Blvck Phenix Technologies will offer and provide a quote for services to modify the website (where possible) to cause the site to correctly function and/or correctly render in the changed version of an internet browser.
Where any Client or agent or party acting for or on behalf of the Client acts on or in the website or system that causes disruption or error to the website or system, Blvck Phenix Technologies is not liable and the Client will be liable for any and all costs associated or incurred with fixing the error or disruption.
Search engine optimisation services
Whilst Blvck Phenix Technologies will try to improve the position of the client’s Website in the Search Engine results in response to a search request, we do not warrant that this effort will be successful nor can Blvck Phenix Technologies warrant the time that the position a search engine will be held.
Blvck Phenix Technologies cannot be held responsible for any changes to the position of the client’s Website in the Search Engines results pursuant to the provision of search engine optimisation services by Blvck Phenix Technologies.
Copyright and Intellectual Property
Blvck Phenix Technologies is not responsible for the contents and data of any Web Site we design for the client, and upon publication the client must satisfy themselves that the website will comply with all applicable laws, and codes of practice governing the use of websites and related services. This includes the intellectual property and copyright ownership of all material that the client has provided to us.
Blvck Phenix Technologies is similarly not responsible for the client’s subsequent use of the site and compliance of various Commonwealth and state legislations.
Domain Name
Blvck Phenix Technologies is not responsible for the client’s choice of domain name and the legal consequences that the domain name use could occur relating to the Trademark and Competition.
Client’s Third Party
Blvck Phenix Technologies is solely not responsible for the performance of the product or service if the client installs or orders another third party to install anything such as software that would alter or damage the website and its functionality. Furthermore, the client may be liable for charges or fees incurred by Blvck Phenix Technologies for the repair of any product or service if the client or their third party installs any unapproved software into the product or service supplied by Blvck Phenix Technologies
Data and Proofing
Blvck Phenix Technologies shall make every effort to ensure the final product is free of any grammatical and spelling errors, before giving the final product to the client.
Blvck Phenix Technologies is not responsible or held liable for any errors contained in the final product after the final product, this remains the final responsibility of the client.
Blvck Phenix Technologies cannot take responsibility for any copyright or privacy infringements caused by materials submitted by the client and reserves the right to refuse use of any such material unless proof of permission is provided if requested.
Hosting
Blvck Phenix Technologies shall use reasonable endeavours to provide continuing availability of the hosting server and the services but Blvck Phenix Technologies shall not, in any event, be liable for service interruptions or down time of the server.
Blvck Phenix Technologies operates and provides hosting servers that are delivered as a managed service which are ordinarily restricted from client access or third party access.
Blvck Phenix Technologies does not ordinarily provide clients or third parties with access to the hosting servers in any of the following methods or means; FTP, CPanel, WHM, Shell or via any other similar means or method. That if a client formally requests and is provided access to their hosting server by Blvck Phenix Technologies, upon receipt of said request, via FTP or any hosting control panel, this will void any warranty or guarantee including the 1st Level Support provided by Blvck Phenix Technologies.
Blvck Phenix Technologies will not be liable for any costs incurred, compensation for loss of earnings due to the unavailability of the site, servers, software or any material provided by its agents.
Hosting- 1st Level Support
All CMS or ecommerce websites hosted by Blvck Phenix Technologies include up to 4 hours per calendar month of 1st level support which includes standard tasks on the hosting control panel such as setting up email accounts or domain name parking. It also includes general support for standard tasks and functions in the CMS or ecommerce system.
If the 4 hours of support is not used in any given month, the included hours expires at the end of the month and does not roll over to the subsequent month.
Custom hosting plans do not include additional hours of 1st level support unless otherwise agreed to in writing.
Any excess 1st level support provided in a given calendar month will be charged at the standard hourly rate applicable.
1st Level Support is rendered null and void if the client accesses the hosting server using FTP or the hosting control panel.
Loss
In no event will Blvck Phenix Technologies be liable to any party including the client for any indirect, punitive, special, incidental or consequential damage or loss, financial or otherwise, in connection with or arising out of these Terms (including for loss of profits, use, data, or economic advantage), regardless of how it arises. The client will indemnify Blvck Phenix Technologies from and against any claim by any party claiming any such damage against Blvck Phenix Technologies.
Blvck Phenix Technologies will not be liable for any costs incurred or compensation for loss of earnings due to the unavailability of the site, servers, software or any material provided by Blvck Phenix Technologies or its agents / third party partners.
Technology Compatibility
Blvck Phenix Technologies will ensure that any website or application will function correctly on the server to which it is initially installed.
Blvck Phenix Technologies can offer no guarantee of correct function with all browser software including future releases.
General Liabilities
Blvck Phenix Technologies may from time to time and without notice or liability to the client suspend any of the services if the reason for doing same is an event beyond the reasonable control of Blvck Phenix Technologies.
Blvck Phenix Technologies will not be liable or become involved in any disputes between the site owner and their clients and Blvck Phenix Technologies cannot be held responsible for any wrongdoing on the part of a site owner.