Terms and Conditions

Last updated: July 25, 2023
This document relates to Surfy Ltd, trading as Blimey, who will ultimately be the holder of this information.
Blimey may amend these terms and conditions from time to time.


The Client
The company or individual requesting the services of Blimey
Surfy Ltd trading as Blimey is the primary designer and developer. Surfy Ltd is registered at 14-2e Docklands Business Centre, 10-16 Tiller Road, London, UK, E14 8PX, Company No. 15026168
All services, including redesign of existing Client’s website and development of the new website, provided by Blimey to the Client.
Quotation provided to the Client by Blimey by email detailing commercial terms and scope of work for offered services.
Upload to the server or release of materials to the Client.

1. Acceptance

The following terms and conditions apply to all Services in conjunction with any relevant Quotation provided to the Client by Blimey, unless otherwise agreed in writing. Acceptance of a Quotation, purchase and/or use of the Services shall be considered acceptance of the Terms.

2. Agreement

BLIMEY subject to the acceptance of the Quotation and payment of the Fee by the Client, agrees to supply the Services in accordance with the terms of this Agreement.

3. Fees

Fees for the Services are defined in the Quotation that the Client receives from BLIMEY via email. Quotations are valid for a period of 15 business days. Blimeys reserves the right to alter a quotation or decline to provide the relevant Services after expiry of the 15 days.

BLIMEY does not require the Client to pay any deposit. The Client agrees to pay BLIMEY the total fee upon completion of the work, prior to upload to the server or release of materials (‘go live’).

All Fees are exclusive of VAT.

4. Services and Timeline

Stage 1: Initial offer and Quotation

BLIMEY provides the Client with the Quotation based on Client’s existing website consisting of the new website design and structure, current Client’s website performance analytics obtained from open source, performance improvement forecast based on proposed website technologies and design, price quote and timeframe (Initial Offer).

The Client will be offered a choice of optional hosting and content update add-ons that can be added at extra cost specified in the Initial Offer and Quotation or rejected.

Stage 2: Client Review

BLIMEY will provide the Client with an opportunity to review the appearance and content of the website (New Website) provided in the Initial Offer. If the Client wants to make changes or additions to the design or functionality of the New Website, BLIMEY will assess the requested changes and if it can be included as part of the website costs or whether it will incur an extra cost. If BLIMEY determines, in its sole discretion, that it cannot accommodate a Client’s proposed changes, it reserves the right to refuse the Client’s request. Changes significantly adding complexity to the design or functionality of the New Website, subject to acceptance by BLIMEY, will be quoted as separate scope of work and shall be implemented only after completion of the New Website, subject to the Client accepting the additional quote.

Stage 3: Final Quotation

BLIMEY will provide the Client with a final quotation (Final Quotation) based on the outcome of the Client Review stage. Price quoted in the Final Quotation is fixed for the suggested design, architecture and content of the website.

Stage 4: Formal Approval

By accepting the Final Quotation the Client accepts that the appearance of the website, content and functionality will be limited to that provided in the Final Quotation.

By accepting the Final Quotation in writing by email the Client agrees to pay BLIMEYS the fee specified in the Final Quotation upon completion of the work, prior to upload to the server or release of materials (‘go live’).

Stage 5: Website Development

BLIMEY will provide a link to a program (Figma or similar) and an URL address where the Client can see the website design layout and website development progress in real time.

BLIMEY endeavours to complete Website Development in the time specified in the Final Offer, but will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.

Stage 6: Completion of the Website Development and Acceptance of Work

At the completion of the website development (Completion of Development) BLIMEY will provide the Client with a link to the fully functioning website hosted on BLIMEY’s resources. For convenience BLIMEY will provide the Client with the Checklist corresponding to the scope of work in Final Quotation. In return, the Client agrees to provide BLIMEY with a completed Checklist within 5 (five) days after receipt.

If any of the elements do not work or do not display in accordance with the Final Quotation (Errors) it is Client’s responsibility to check and notify BLIMEY about such Errors. Unless the Client notifies BLIMEY otherwise within 5 (five) business days of the date the materials are made available to the Client, the materials will be deemed to be accepted and approved.

If there are no Errors but the Client notifies BLIMEY of additional changes or modifications that it requires to be made to the website and such changes or modifications are outside the remit of the Final Quotation then clause “Changes” shall apply.

Stage 7: Invoicing and Payment

BLIMEY will submit an Invoice to the Client upon Completion of Development before ‘go live’. Invoices are usually sent via email, but hard copy invoices are available on request. Bank details will be made available on invoices. Invoices are due upon receipt and shall be paid in full, no later than five (5) business days from the date of the invoice.

Once a website has been designed and completed the payment is then due in accordance with our payment terms. There are no exceptions to this, i.e. if the client decides they no longer want the site, as they have commissioned the work they are still obliged to pay for the work that has been done. Non-payment will result in legal action being taken if necessary.

If the Client fails to make any payment due to BLIMEY by the due date for payment, then, without limiting BLIMEY’s remedies under or in connection with these terms and conditions, the Client shall pay interest on the overdue amount at the rate of 4% per annum above the Bank of England’s base rate from time to time. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount. The Client shall pay the interest together with the overdue amount.

Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Client fails to make any payment when due to BLIMEY whether under this Agreement or any other agreement between the parties, then without affecting any other rights which BLIMEY may have BLIMEY shall be entitled to suspend performance of all or any of the Services (including Hosting Services), including removing any materials maintained on BLIMEY’s web space for the Client, removing web pages and work carried out, and restricting access to the related website until paid.

Stage 8: Go live

Subject to the payment of Fees by the Client, upload to the server or release of materials of the New Website will be performed by BLIMEY in accordance with the hosting options selected by the Client at the Final Quotation stage.

Unless specifically agreed in the Final Quotation, BLIMEY shall not provide support or maintenance services to the Client.

5. Additional Services

Hosting Services

The Client may choose to host the new website on Blimey’s resources. Hosting services will be provided by BLIMEY subject to monthly payments from the Client. Where BLIMEY has agreed to provide the Hosting Services, these shall be provided using the servers of third party Internet Service Providers (Third Party ISPs).

BLIMEY shall not be responsible for any unavailability or interruption to the Hosting Services caused by a Third Party ISP, its servers, other equipment, networks or any public network.

Either party may terminate the Hosting Services on one month prior written notice.

The Hosting Services shall be charged on a monthly basis in accordance with BLIMEY’s then current rates. BLIMEY reserves the right to suspend the Hosting Services at any time where the Client has failed to pay any sum when due to BLIMEY under this Agreement. BLIMEY reserves the right to terminate the Hosting Services if circumstances arise which render it unable to provide such services including termination of its arrangements with relevant Third Party ISPs.

Maintenance and Content Update

The Client may choose to subscribe to maintenance and content update services provided by BLIMEY for a fixed monthly fee. Such additional services will be provided by BLIMEY subject to monthly payments from the Client. The Maintenance and Content Update Services shall be charged on a monthly basis in accordance with BLIMEY’s then current rates.

6. Changes

Project (design) is confirmed by Client at the Formal Approval stage. No changes are accepted after that stage and before Completion of the Project. If the Client needs change or implementation of additional features after the Formal Approval BLIMEY will assess the requested changes and will provide additional charges quote in accordance with current rates.

Standard hourly fees are stated on the website rates. The rates may be adjusted or may vary from time to time.

Any additional work required by the Client on a previously completed project, will be considered as a separate project and will therefore incur charges of its own.

7. Client Content

To simplify the process for the Client BLIMEY will use the information and content available on the existing Client's website where possible. If the Client wants to provide different or additional content they may do so in electronic format (Google Docs) for text and in .gif, .jpeg, .png or .tiff format for photographs and other graphics and only before the Formal Approval stage.

BLIMEY accepts no liability for any copyright infringements caused by materials submitted by the client or used by the client in the future on their website. The Client shall indemnify and hold harmless BLIMEY at all times against all claims, demands, costs, expenses, losses and liabilities as a result of BLIMEY use of the Client Content including any third party claim arising out of or in connection with the Client Content.

BLIMEY reserves the right to refuse any offensive or illegal material, as well as material of a copyrighted nature unless adequate proof is given of permission to use such material.

8. Web Design

Whilst every endeavour will be made to ensure that the website and any scripts or programs are free of errors, BLIMEY cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.

The website, graphics and any programming code remain the property of BLIMEY until all outstanding accounts are paid in full, unless provided by the Client previously.

Subject to compliance by the Client with this Agreement and payment of the Fees, BLIMEY hereby grants the Client a royalty-free, non-transferable, worldwide, non-exclusive licence to use the materials and all Intellectual Property Rights (IPRs) on the New Website in its business.

BLIMEY acknowledges that ownership in and to any Client Content shall remain vested in the Client or its licensors. The Client grants BLIMEY a non-exclusive licence to use the Client Content for the purposes of providing the Services.

Any scripts or software (unless specifically agreed) written by BLIMEY remain the copyright of BLIMEY and may only be commercially reproduced or resold with the permission of BLIMEY.

Note: This does not mean BLIMEY will own Client’s website, all content, design and the website as a whole will be in the Client’s control and ownership, the above clause simply means the Client is not allowed to reproduce BLIMEY’s work, resell or claim it’s their design work. The New Website can be sold by the Client as a going concern which would not infringe BLIMEY’s copyright.

BLIMEY will often use free to own core and/or add on modules, often we are able to acquire such modules free of charge and install and develop these to clients needs in order. BLIMEY however does not obtain any licence in which BLIMEY is able to transfer ownership off. All our websites are built using open source software and as such any competent developer or web designer would be able to continue with its development or maintenance.

9. Web Browsers

BLIMEY 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. the latest three (3) publicly available versions of Mozilla Firefox, Microsoft Edge, Google Chrome, etc. at time of website design completion). Client agrees that BLIMEY cannot guarantee correct functionality with all browser software across different operating systems.

BLIMEY cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website has been designed and handed over to the Client. As such, BLIMEY 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.

10. Content Management System (CMS)

When the New Website is built, The Client will be provided with their own type of access to the CMS, either editor or manager access depending on the Client’s ability, which provides the Client with the ability to edit, update and run the website fully. Due to the possible security issues admin access will not be granted to any user other than BLIMEY staff while the website remains on our servers.

If the Client decides to move the website to another server, admin access can be granted once transferred and not prior. Once transferred and admin access granted all liability and/or guarantee will cease.

11. Third Party Servers and Access Requirements

BLIMEY designs and tests websites to work on its own servers, and cannot guarantee correct functionality if the Client wishes to use a third-party server. In the event that the Client is using a third-party server, it is the responsibility of the Client and any third party host to ensure that the server is compatible with the website. BLIMEY will assist the Client to configure the server if this is required. However, this may be subject to additional charges.

If the Client’s website is to be installed on a third-party server, BLIMEY must be granted temporary read/write/exec access to the Client’s storage directories which must be accessible via SSH. Depending on the specific nature of the project, other resources might also need to be configured on the server.

12. Post-Placement Alterations

BLIMEY 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.

13. Design Credit and Marketing

A link to BLIMEY will appear in either small type or by a small graphic at the bottom of the Client’s website. If a graphic is used, it will be designed to fit in with the overall site design. If a client requests that the design credit be removed, a nominal fee of 10% of the total development charges will be applied. When total development charges are less than £3000, a fixed fee of £300 will be applied. Any unauthorised removal of design credit will place the Сlient in breach of our terms. The Client also agrees that the website developed for the Client may be presented in BLIMEY’s portfolio and other marketing material, unless specifically agreed otherwise in writing in advance.

14. Privacy Policy

Please read our full Privacy Policy for more information.

15. Indemnity

All BLIMEY services may be used for lawful purposes only. The Client agrees to indemnify and hold harmless BLIMEY against all damages, losses and expenses arising as a result of any and all actions or claims resulting from the Client’s use of BLIMEY’s service.

16. General

These Terms and Conditions constitute the entire agreement between the parties and supersede all previous representations, promises, assurances, warranties, understandings and agreements between them, whether written or oral, relating to their subject matter.

17. Liability

BLIMEY shall not be liable under or in connection with these Terms or any collateral contract for any:

  • loss of revenue;
  • loss of actual or anticipated profits;
  • loss of contracts;
  • loss of business;
  • loss of opportunity;
  • loss of goodwill or reputation;
  • loss of, damage to or corruption of data;
  • any indirect or consequential loss;
  • loss or damage caused by any inaccuracy, omission, delay or error, whether as a result of negligence or other cause in the production of the website.

The entire liability of BLIMEY 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.

18. Termination

Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. The Client will be invoiced for project work completed to the date of first notice of cancellation for payment in full within thirty (30) days.

19. Warranties

BLIMEY makes no warranty as to the quality, stability or reliability of, nor does it accept any liability for, any third party software, plugins, content management systems (CMS)s, application programming interfaces (API)s, or other third party provided code (whether open source or otherwise) on the Services for any purpose whether provided by BLIMEY or otherwise. The Client acknowledges that BLIMEY is unable to control changes or other modifications that may be made to third party software by the relevant third party provider after the date upon which it is installed on the website and therefore this is provided at the Client’s own risk.

BLIMEY makes no warranty to resolve Errors caused by browser or device updates published after completion of the Services.

20. Severability

In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid provision.

21. Governing Law

These Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.

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