We’ll always do our best to fulfill your needs and meet your expectations, but it’s important to have things written down so that we both know what’s what, who should do what and when, and what will happen if something goes wrong. We have tried to make our terms and conditions as straight forward and fair as possible. We’ve no desire to trick you into committing to something that you might later regret. What we do want is what’s best for both parties, now and in the future.
Terms and Conditions
Terms and Conditions
Big Grizzly Enterprises operates as Big Grizzly Online Solutions.
The following terms and conditions apply to all website development/design, hosting, maintenance (or any other) services provided by Big Grizzly Online Solutions to the Client.
In these Terms and Conditions:
- “Big Grizzly Online Solutions”, “Big Grizzly”, “We”, “Us” or any derivation thereof refers to Big Grizzly Enterprises.
- “You”, “The Client”, “Client”, “Customer” refers to the entity with whom Big Grizzly has entered into a business relationship with.
- “Software” refers to the CMS (Content Management System) that a website is built on. This will include, but not be limited to, WordPress, Joomla or other such systems.
- “Plugin”, “Plug-in”, “Plug in” or any derivation thereof refers to 3rd party software extensions added to a website to provide or enhance specific functionality.
It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote or pays an invoice, then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.
Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions. Any violation of these terms and conditions may result in immediate suspension and or termination.
Charges for services to be provided by Big Grizzly Online Solutions are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 30 days. Big Grizzly Online Solutions reserves the right to alter or decline to provide a quotation after expiry of the 30 days.
Unless agreed otherwise with the Client, all website design services require an advance payment of a minimum of thirty (30) percent of the project quotation total before the work is supplied to the Client for review. The remaining seventy (70) percent of the project quotation total due upon completion of the work, prior to upload to the server or release of materials.
Payment for services is due by cheque, money order, email transfer, credit card or pre-authorized debit. Payment instructions can be found here.
- Client Review
Big Grizzly Online Solutions will provide the Client with an opportunity to review the appearance and content of the website during the design phase and once the overall website development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies Big Grizzly Online Solutions otherwise within ten (10) days of the date the materials are made available to the Client.
- Turnaround Time and Content Control
Big Grizzly Online Solutions will install and publicly post or supply the Client’s website by the date specified in the project proposal, or at date agreed with Client upon Big Grizzly Online Solutions receiving initial payment, unless a delay is specifically requested by the Client and agreed by Big Grizzly Online Solutions.
In return, the Client agrees to delegate a single individual as a primary contact to aid Big Grizzly Online Solutions with progressing the commission in a satisfactory and expedient manner.
During the project, Big Grizzly Online Solutions will require the Client to provide website content; text, images, movies and sound files
- Web Development and Web Maintenance Bundles
Big Grizzly commits to begin development within sixty (60) days from when you accept a quote for a web development bundle.
Billing for Web Development Bundles begins on the day we confirm with you via email that development has commenced or within 60 days from when you accept a quote (whichever comes first).
After 24 successful Web Development Bundle payments have been received billing will automatically switch to the corresponding Web Maintenance Bundle. No notice will be given for this change - it is automatic.
Any payment discounts which are offered and accepted for Web Development Bundles apply to those bundles only and do not apply to Web Maintenance Bundles and vice versa.
- Failure to provide required website content:
Big Grizzly Online Solutions is a small business, to remain efficient we must ensure that work we have programmed is carried out at the scheduled time. On occasions we may have to reject offers for other work and enquiries to ensure that your work is completed at the time arranged.
This is why we ask that you provide all the required information in advance. On any occasion where progress cannot be made with your website because we have not been given the required information in the agreed time frame, and we are delayed as result, we reserve the right to impose a surcharge of up to 25%. If your project involves Search Engine Optimisation we need the text content for your site in advance so that the SEO can be planned and completed efficiently.
If you agree to provide us with the required information and subsequently fail to do within one week of project commencement we reserve the right to close the project and the balance remaining becomes payable immediately. Simply put, all the above condition says is do not give us the go ahead to start until you are ready to do so.
NOTE: Text content should be delivered as a Microsoft Word, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website. These pages should have the same titles as the agreed website pages. Contact us if you need clarification on this.
Using our content management system you are able to keep your content up to date yourself.
- Website Updates and Health
Big Grizzly provides a selection of maintenance plans in which we will keep your site software (CMS, themes, and plugins) current and up to date. We recommend that you subscribe to one of these plans.
If you choose not to use one of our maintenance plans you agree to perform regular maintenance on your site. Maintenance includes, but is not limited to, updating software (CMS, themes, and plugins). Not keeping your site updated can lead to both functional and security issues. If you are not subscribed to a maintenance plan you give Big Grizzly permission to access your site at any time to check the status of updates. If Big Grizzly finds your site to be in need of updates you authorize Big Grizzly to perform such updates with no need for further consent or permission. You further agree to pay for this service at our regular hourly rate upon receipt of an invoice for this service.
- Payment & Account Status
Invoices will be provided by Big Grizzly Online Solutions upon completion but before publishing the live website. Invoices are normally sent via email; however, the Client may choose to receive hard copy invoices. Invoices are due upon receipt.
We reserve the right to charge late fees any time after 5 days of the invoice due date. Furthermore you agree that if payment has not been made or arranged after at least 3 attempts to contact you, hosting of your site and email may be suspended at our sole discretion.
When suspended for any reason, you will be required to pay any outstanding account balances, late fees as well a service reconnect fee. This payment must be cleared prior to service restoration.
Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on Big Grizzly Online Solutions’ Web space, Big Grizzly Online Solutions will, at its discretion, remove all such material from its web space. Big Grizzly Online Solutions is not responsible for any loss of data incurred due to the removal of the service.
Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account. Cheques returned for insufficient funds will be assessed a return charge and the Client’s account will immediately be considered to be in default until full payment is received. Clients with accounts in default agree to pay Big Grizzly Online Solutions reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Big Grizzly Online Solutions in enforcing these Terms and Conditions.
- Additional Expenses
Client agrees to reimburse Big Grizzly Online Solutions for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography etc.
- Ownership of Materials
Upon completion of your website design and launch Big Grizzly Online Solutions retains full ownership of the site and all related materials until all invoices have been paid in full. Upon clearance of payment full ownership of the website and all related materials transfer to The Client. Exceptions to this are as follows:
- Free Promotional Development. When your website was developed for free by Big Grizzly through a promotion or agreement. In these cases Big Grizzly retains full ownership of the website and all related materials. If you wish you may still transfer your site, domain name or any other materials from Big Grizzly to another service provide, however, Big Grizzly retains the right to charge for previous web development time prior to releasing ownership.
- Service Bundle. If your website is developed through a service bundle, Big Grizzly retains full ownership of the site, domain name and all related materials until 24 complete payments have been received. Once 24 payments have been received, full ownership of the website, domain name and all related materials transfer to The Client.
- License Keys. When websites are designed and built by Big Grizzly we will, from time to time, utilize third party software or plugins to enhance functionality. Unless otherwise specified in the initial or any subsequent quotes Big Grizzly will purchase this software with multi-site licenses to keep costs down. You agree that these licenses and associated software or licenses remain the property of Big Grizzly and are non-transferable. If, at any time, you wish to move your site to a different provider we will then buy single site licences for this software in your name that you will have full ownership of. To make this change you agree that, for each license, you will pay Twenty Dollars ($20), plus the full cost of license with a 20% markup.
- Web Browsers
Big Grizzly Online Solutions makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Internet Explorer 8 & 9, Google Chrome, etc.). Client agrees that Big Grizzly Online Solutions cannot guarantee correct functionality with all browser software across different operating systems.
Big Grizzly Online Solutions cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website have been designed and handed over to the Client. As such, Big Grizzly Online Solutions reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.
- Email & Third Party Services
Email services are provided through us by a third party. When you have any technical issues with your email we will attempt to fix them in a timely manner. When we are unable to do so you authorize us to utilize tech support services by the email provider.
When you utilize our web hosting service, we will provide you with operational email through our standard web-mail service. We are not responsible to provide support or assistance in setting up or operating email on any other devices (including but not limited to smart phones, computers including laptops or servers) or third party software (including but not limited to Outlook, Thunderbird, IOS, Android, Office 365, Windows Mail or other). While we may (at our sole discretion) provide support to help with these third party devices or software, this support is not included in your email service and may carry additional service fees.
Use of email (including webmail) is at your own risk. We agree to provide access to an SSL encrypted webmail portal and to utilize best industry standards and practices to provide a secure email experience. However, you agree to release us from all liability to you or any other party, when utilizing our email service.
When accessing any service hosted by Big Grizzly, regardless of ownership, you agree to use the following password standards. When setting passwords you will ensure that they;
- Are no less than eight (8) characters in length.
- Contain at least one of each of the following - One (1) uppercase letter, One (1) lowercase letter, One (1) numerical character & One (1) symbol.
- Are changed no less than at least every three (3) months.
- Are never transmitted by unencrypted email, text or other form of electronic communication to another party.
- Are never stored in an electronic form that is accessible to the general public and not protected by a password meeting the above criteria.
- Are never stored in a paper or other form that is accessible to persons other than those authorized and that is not protected by some form of lock.
- Administrative Access
You have full right to have administrative access to your website - even when your website is developed by Big Grizzly. When accessing the administration panel of your website, you release Big Grizzly Enterprises, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors from all liability should anything happen to disrupt normal operations or alter, remove or otherwise change content of your site. In these instances, should Big Grizzly have to restore your site from its last good backup, we will charge $200 to perform the restoration.
You also agree that when accessing the administration panel of your website, you will not (without prior authorization from Big Grizzly) make any changes, alterations, updates or deletions to any website settings, templates, plugins, tools, forms or other settings of your website.
You agree to never provide any access to your site or administration area to any individual who owns or is employed by a person or company who offers similar services to those offered by Big Grizzly. This is considered to be a conflict and may result in immediate account termination.
In addition you agree to never install any new plugins or software designed to, or capable of, creating a backup or migrating your website. Furthermore you agree to never take any backups of your website without prior approval from Big Grizzly.
- Website Downtime
While we endeavor to keep you website fully operational all the time, occasionally things may happen that are beyond our control that will cause website downtime or outages. We will endeavor to fix these issues as quickly as possible. You acknowledge that your website is hosted on 3rd party servers and that occasionally we will need to enlist these or other 3rd parties to bring your site back on line. You give us full permission to use these 3rd parties and to provide them with login/administrative access to your site when required.
- Support Portal
Big Grizzly operates a support portal system located at support.biggrizzlyonline.com. This portal is powered by a third party provider and use of it is subject to their terms and conditions.
We will endeavour to only provide accurate information through this system, but Big Grizzly Online Solutions hereby excludes itself, its Employees and or Agents from all and any liability of any inaccurate information either found on the portal or provided by us. Furthermore we cannot guarantee any work requested or promised through this system.
Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. E-mail or telephone requests for termination of services will not be honoured until and unless confirmed in writing. The Client will be invoiced for design work completed to the date of first notice of cancellation for payment in full due immediately.
All Big Grizzly Online Solutions services may be used for lawful purposes only. You agree to indemnify and hold Big Grizzly Online Solutions harmless from any claims resulting from your use of our service that damages you or any other party.
All website content (text and photos supplied by you) is considered client’s property. There will be a copyright notice displayed at the bottom of each page to reflect this. Subject to Paragraph 10 (Ownership of Materials), the website design itself is copyright to Big Grizzly and cannot be multiplied or duplicated across any other domains (websites) or servers without express permission first.
All images, video, audio, text and content used must be copyright free and Big Grizzly retains the right to refuse to use/post copyright material if permission has not been obtained by the copyright owner. Big Grizzly will not be held responsible if any unauthorized copyright material is posted on the website.
Any of Big Grizzly’s source files that are used to create any design and/or functionality are considered the property of Big Grizzly. This includes, and is not limited to, original Fireworks, Flash, Illustrator, Photoshop files and any tools that are added to your site using software programming or programming languages. If at any time these source files are requested, a licensing fee will be charged. Big Grizzly retains the copyright permissions to the designs used for the development of the website but provide full use licence for the purpose of the website developed by Big Grizzly.
- Display or Use of materials
If your website is designed and/or hosted by Big Grizzly Online Solutions you give full consent for Big Grizzly to use your logo, webpage and other information (at no charge) in our advertising or for listing on our portfolio, website or other promotional materials at our discretion.
- Standard Media Delivery
Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format (MS Word or Text file) and that all photographs and other graphics will be provided in high quality electronic forma (.gif, .jpeg, .png or .tiff format). Although every reasonable attempt shall be made by Big Grizzly Online Solutions to return to the Client any images or printed material provided for use in creation of the Client’s website, such return cannot be guaranteed.
- Design Credit & Copyright line
When your site is developed by Big Grizzly we agree to ensure that the copyright line at the bottom of your site reads the correct year at all times. You agree that Big Grizzly’s name will remain in the copyright bar and that you will not remove it. If Big Grizzly’s name is removed without prior authorization - we reserve the right to access your site and add it back in.
If you want to have Big Grizzly’s name removed you agree to pay Big Grizzly $300/yr to remove it - this fee is payable over and above all other service fees and charges
- Access Requirements
If the Client’s website is to be installed on a third-party server, Big Grizzly Online Solutions must be granted read/write access to the Client’s storage directories which must be accessible via FTP and/or access via the administrative sections. Depending on the specific nature of the project, other resources might also need to be configured on the server.
- Prohibited Uses of Your Website
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:
- for any unlawful purpose;
- to solicit others to perform or participate in any unlawful acts;
- to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
- to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
- to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
- to submit false or misleading information;
- to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
- to collect or track the personal information of others;
- to spam, phish, pharm, pretext, spider, crawl, or scrape;
- for any obscene, pornographic or immoral purpose; or
- to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
- Post-Placement Alterations
Big Grizzly Online Solutions cannot accept responsibility for any alterations caused by a third party occurring to the Client’s pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.
- Domain Names
Big Grizzly Online Solutions may purchase domain names on behalf of the Client. Unless included on a service contract, payment and renewal of those domain names is the responsibility of the Client. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of Big Grizzly Online Solutions. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.
When included on a service contract or bundle, Big Grizzly Online Solutions will maintain responsibility for payment and renewal of those names. In those cases, these costs will be invoiced to the client. The Client agrees to pay these costs immediately upon receiving the invoice.
These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s signature below or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.
- Social Media Management
Social Media Marketing and Management is defined as helping a client to promote their products or services through social media channels. Big Grizzly will honour the components of your chosen social media package, providing an agreement to a minimum 3 months contract is served and monthly payments are received in advance. In the event that payment is not received on time, we regret that further work will be halted until this is rectified.
- Governing Law
This Agreement (or Terms of Service) and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of British Columbia Canada.
Big Grizzly Online Solutions hereby excludes itself, its Employees and or Agents from all and any liability from:
- Loss or damage caused by any inaccuracy;
- Loss or damage caused by omission;
- Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site;
- Loss or damage to clients’ artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.
- The entire liability of Big Grizzly Online Solutions to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.
If any clause or provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable under present or future laws effective during the term of this Agreement, then and in that event, it is the intention of the parties hereto that the remainder of this Agreement shall not be affected thereby, and it is also the intention of the parties to this Agreement that in lieu of each clause or provision that is illegal, invalid or unenforceable, there be added as a part of this Agreement a clause or provision as similar in terms to such illegal, invalid or unenforceable clause or provision as may be possible and be legal, valid and enforceable. The caption of each paragraph hereof is added as a matter of convenience only and shall be considered to be of no effect in the construction of any provision of this Agreement.
COLLECTION OF PERSONAL INFORMATION
Personal Information is information about you that identifies you as an individual, for example, your name, address, e-mail address, or telephone number.
We collect information that you voluntarily provide to us through responses to online forms, search functions, questionnaires, feedback, and the like. On some of our Sites, we offer health assessment tools that ask you to provide self-assessment information. We may also ask you to provide additional information such as your e-mail address if you want to obtain additional services, information, participate in a contest or to resolve complaints or concerns.
HOW DOES COMPANY USE INFORMATION GATHERED ABOUT ONLINE VISITORS?
Before forwarding us any personal information, please be advised that any information gathered on our Sites may be used in the aggregate for research and development relating to our Sites and/or for future site development and, if you ask us to, to send you promotional materials. In particular, we may use information gathered about you for the following purposes: to monitor interest in our range of products and to assist us to tailor the content of our Sites to your needs by collecting information about your preferences through tracking of patterns page views on our Sites; to create a profile relating to you in order to show you the content that might be of interest to you and to display the content according to your preferences; and, in circumstances where you have indicated that you wish to receive additional information, to send you information about us and promotional material about our products together with details of any offers we may have available from time to time.
ACCESS TO CONFIDENTIAL INFORMATION
When you use our services we will have access to certain confidential information. This information may include email hosted or managed by us or access to secure website areas on websites hosted or maintained by us.
We agree to only access this information or these areas when required to do so for the purposes of offering technical support, updating or uploading content as requested by you, performing website maintenance or health checkups (and only when required in those processes), when authorized in writing (or by email) by you for any other purpose, or required by law to do so.
When we access this information or these areas we agree to not share, disclose, publish or make public any information we may see, unless required by law to do so.
DISCLOSURE OF INFORMATION
The Company, in common with many web site operators, may use standard technology called “cookies” on its Sites. Cookies are small data files that are downloaded onto your computer when you visit a particular web site. You can disable cookies by turning them off in your browser; however, some areas of the Sites may not function properly if you do so.
PROTECTION OF CHILDREN ONLINE
The Company considers the protection of children’s privacy, especially online, to be of the utmost importance. We do not knowingly collect or solicit personal information from children nor do we allow them to become registered users of, or to request information through, our Sites or help-seeking information lines.
ADDITIONAL TERMS FOR CERTAIN WEBSITES
The following additional information applies to our Sites that require registration. Generally, you are not required to provide personal information as a condition of using our Sites, except as may be necessary to provide you with a product or service that you have requested. However, some of our Sites are restricted to certain individuals such as health care professionals or our prescription drug patients and we may require these individuals to register upon entry by providing us with certain information.
PROTECTION OF INFORMATION:
Our Commitment to Security
We have put in place physical, electronic, and managerial procedures to safeguard and help prevent unauthorized access, maintain data security, and correctly use the information we collect online. The Company applies security safeguards appropriate to the sensitivity of the information, such as retaining information in secure facilities and making personal information accessible only to authorized employees on a need-to-know basis.
Storage of Information: