Web & Application Design & Development & Hosting
(a) Copyright. The client retains the right to data, files and graphics provided by the client. The client warrants that they hold all rights, permissions and copyright to all information provided and fully indemnify Pure Bold against any and all claims, costs or actions regarding the use of information, files and graphics supplied by the client for Pure Bold to use in respect of contracted services provided to the client.
(b) Law. It is the client’s responsibility to comply with the laws, taxes, and tariffs relating to websites and Pure Bold does not offer legal advice in these matters.
(c) Retention of IP. Pure Bold will own the right to the IP of all online websites, platforms or applications (including modifications/bespoke coding made to open source solutions) which are being built or edited, until all work on them has been completed and paid for, with the exception of any licenses or proprietary code owned by Pure Bold as detailed in clauses (e), (f), (g).
(d) Third party platforms, applications and plug-ins.
- Pure Bold uses third party platforms, applications and plug-ins that make available functionality for the development of your website or application. Pure Bold shall have no responsibility for any Third Party Platforms, applications or plug-ins including for their availability, security, functionality, operation, or integrity, or for any use of Solutions Data by Third Party Platforms.
- The Client acknowledges that Third Party Platforms, applications and plug-ins may impose quotas or other usage restrictions, or discontinue use at their sole discretion. Should a Third Party Platform, application or plug-in require replacement to maintain the integrity or function of the website or application, the client understands and agrees that Pure Bold will apply its best endeavours to replace these and restore functionality at the Client’s cost.
- From time to time, Pure Bold may change which Third Party Platforms may be used with the Solutions or discontinue integration with any Third Party Platforms.
(e) Licensed plug-ins. Pure Bold will provide additional plug-ins that are licensed to Pure Bold to enhance the security or performance of the website or applications. These plug-ins are not transferrable and at such time as the websites, platforms or applications are moved from the control of Pure Bold, Pure Bold reserves the right to remove Pure Bold’s licensed plug-ins and charge a fee to do so. The client understands and agrees that it will need to source or re-establish its own license for such plug-ins and replace these at its own cost.
(f) Proprietary code. Should Pure Bold write custom code for a website or application required by the client, then the copyright for such code shall remain with Pure Bold. In such cases Pure Bold shall authorise the client to make full usage of such code within the confines of their own business only, unless agreed separately in writing.
(g) Transfer of Website. The Client is prohibited from transferring the website or applications to Third Party hosting solutions without prior notification.
- As per (e) and (f) above, Pure Bold retains the right to access the website and remove any licensed plug-ins or proprietary code in advance of the website being moved; and charge an applicable fee to remove any such plug-ins or proprietary code including preparation of clean site files for handover at the Client’s expense.
- All fees owed to Pure Bold must be paid in full or Pure Bold shall retain ownership of all IP associated with the website as per (c) above.
(h) Responsibility for content. The Client is solely responsible for the accuracy, and legality of all content, published on the website and applications whether this has been created by Pure Bold on behalf of the Client or by the Client.
- The Client shall ensure that the Client’s use of the Solutions to publish or disseminate content is at all times compliant with Pure Bold’s and any applicable Third Party Platform’s privacy policies and all laws governing data tracking across sites.
- The Client shall obtain all third party licenses, rights, clearances, consents and approvals that may be required for Client (and Pure Bold on behalf of Client) to use any content and Data and represents and warrants that such collection and use will not violate any Laws or any intellectual property, publicity, privacy, or other rights of any third party.
(i) Responsibility for content management. The Client agrees that it is solely responsible for all aspects of the Content and Website and applications management including:
- its selection, design, creation, posting, use, licensing, updating, maintenance, technical operation (including ensuring APIs are compatible with any requirements of the Service) and testing;
- managing, renewing, creating, deleting, editing, maintaining and otherwise controlling its editorial content;
- ensuring that any Personal Information that is included in Your Content and Solutions is stored, used, handled and transmitted in accordance with the law;
- properly handling and processing of any legal notices (including those required by privacy and copyright laws);
- determining the appropriate procedures and controls regarding the security of Your Content and Website or application, and for implementing those procedures and controls.
Pure Bold may provide content management services as requested by the Client at our standard hourly rates as a Supplementary Service.
(j) Prohibited content. The following content and activities may not be displayed or promoted by the Client nor associated in any way with the Client’s account or Pure Bold’s services. Pure Bold shall be the sole arbiter as to what constitutes violation of this provision.
- Copyrighted material used without permission.
- Material protected by trade secret or other statute.
- Material or activities judged by Pure Bold to be threatening, obscene, disparaging, or hate-related.
- Content or conduct that makes possible or promotes any illegal or prohibited activity. Content that may be damaging to Pure Bold servers or reputation.
- Pirated software.
- Unsolicited or bulk e-mail (Spam) or e-mail harvesting software or services.
- Links or reference to any of the above.
(k) Suspension or Removal of Content. Without liability, Pure Bold reserves the right to immediately remove any account containing or transferring content deemed to be illegal or deceptive.
(l) Failure to provide information or approvals. In order to complete a website or application development, information is required from the Client. The Client agrees to provide all information requested by Pure Bold in order to complete the project. The Client acknowledges and agrees that Pure Bold will take the following actions should the Client fail to provide requested information within thirty (30) days of the request:
- Commence monthly technical support and maintenance fees to ensure the development is properly maintained and updated and does not provide a security risk to Pure Bold; regardless of whether the website is live or remain on our staging servers
- Move the site to a stand-alone hosting environment at the expense of the Client.
The Client shall not (and shall not permit any third party to):
- rent, lease, provide access to, or sublicense any Solution to a third party (except for Permitted Users as authorised in Section 2.3), copy any Solutions, or use any Solution for time sharing, hosting, service bureau, or like purposes;
- reverse engineer, decompile, or disassemble any Solution, or otherwise seek to obtain the source code or non-public APIs to any Solution, except to the extent expressly permitted hereunder or by Law (and then only upon advance notice to Pure Bold);
- modify any Solution or any Documentation, or create any derivative work from any of the foregoing, except for modifications permitted in the Documentation;
- remove or obscure any proprietary or other notices contained in any Solution (including notices contained in any reports or data presented through the Solutions);
- publicly disseminate performance metrics or benchmarking information regarding any Solution;
- attempt to gain unauthorized access to any Solution or other systems, networks, or data of Pure Bold, or interfere with or disrupt the integrity or performance of any such Solution, systems, networks, or data;
- use or knowingly permit the use of any security testing tools in order to probe, scan, or attempt to penetrate or ascertain the security or vulnerability of any Solution or other systems, networks, or data of Pure Bold; or
- use any Solution to retrieve, store, or transmit any malware (e.g., viruses, worms, time bombs, Trojan horses, or other harmful or malicious code, files, scripts, agents, or programs).
- copy, or attempt to duplicate or imitate any Solutions provided by Pure Bold, or otherwise;
- copyright, trademark or place other proprietary notice on the Solutions or related collateral, in any way;
- sell, lease, lend, assign, or transfer, in whole or in part, or provide any third parties with the collateral; and
- must use all reasonable efforts to protect the collateral from unauthorised use, reproduction, distribution or publication and keep the collateral confidential unless otherwise agreed by Pure Bold in writing.