Thank you for your interest in our products and services!
From here on; the term “the company” shall refer to our company, this website, BMS, any officer, employee and/or representative, and the term “the client” or “the customer” shall refer to you, your entity, your representative or any entity interested in and/or purchasing any product or service offered by our company and/or this website.
If you do not agree to any of the following Terms and Conditions, please discontinue using this site.
By remaining in this site, continuing the use of it and/or placing an order for any of the services or products offered in this website, or placing an order from BMS and/or any affiliate, division, representative and/or through/via any written, emailed, verbal quote/estimate/proposal/agreement, you fully accept and agree to all the terms and conditions herein and to those as stated in any written, emailed or verbal quote/estimate/proposal/agreement. In the event that there is a discrepancy/difference in any of the terms and conditions between the ones posted herein and any written, emailed or verbal quote/estimate/proposal/agreement, the ones posted/listed herein shall supersede. Any/all terms and conditions herein stated or noted on any written quote/estimate/proposal/agreement may change/be updated without prior notice. The ones posted on this website shall be considered as the current/most up to date terms and conditions.
The customer understands and agrees that a deposit in the amount indicated in our website and/or any agreement/quote/proposal/estimate/document is required in advance and is non-refundable. ALL sales are final and any amount paid is non-refundable, if a refund is granted; it is solely at the discretion of the company. The company reserves the right to cancel (upon request from the customer or not) any order/sale for any new graphic, web design, APP development order and/or update, upgrade, monthly maintenance or any other service or product, and to refund all or part of any amount paid by the customer and/or to deduct any amount for any/all services/work/design completed by the company (up to the time of cancellation) and/or to charge a cancelation fee.
Because graphic/video/logo design, web design and APP development are time consuming and labored processes, there will be no refunds/returns on any order, for any of these services, once the work/order/job has been initiated and/or completed. The full amount quoted will be due, even if the customer decides to cancel the work/order/job.
The customer agrees to a $50 fee for any returned check (Non-Sufficient Funds) and to pay the full amount quoted/agreed upon and any/all fees such as collection/legal/court/late and other fees associated with past-due balances, which may be imposed by the company.
The company is not obligated/responsible/required to keep/maintain/save any of the customer’s artwork/design/backup/development/process. This is to allow for storage space on the company’s servers. It is the customer's sole responsibility to request any/all information/graphic design/images/pictures/logos and/or any other artwork it wishes the company to provide to the customer, within a 48 hour period. Even then, any of the above mentioned information may no longer be available in which case the company will have no responsibility/liability.
Once the customer provides the company with a testimony/testimonial content it is authorizing/giving permission to the company to use it/post/display such content in any way it seems appropriate including but not limited to using it in any/all marketing material and/or posting it online. This will include the use/inclusion of the customer's location, logo and any other information pertaining to the customer. Any/all such information/content shall become the authorized property (for use) of the company and it will not be deleted or taken down, even if the customer requests to do so.
The customer agrees that in the event that a customer provides the company with a credit card number, this is to be kept on file with the company and may be used to collect/pay for any/all future orders. The customer also agrees that the company may chose to ship any/all orders to the address that appears on the customer's paypal receipt/transaction/invoice.
The customer agrees to provide all text and other content to be used, posted or updated on any/all order/work/job for website/video design/mobile APP development/plug-in/upgrade/update. The company can elaborate the text content for an additional fee.
Once the customer has approved the content to be used/posted/updated on the website/video design/APP development/plug-in/update/upgrade/picture/content/image no changes can be made. If the customer requests any change(s) after giving an approval, there may be additional costs to make the requested change(s). The customer agrees that this shall be at the discretion of the company. Any/all content posted and/or used on any/all website/video design, mobile APP development/plug-in/update/upgrade/marketing material/service/posts is/are the customer's sole responsibility. It is also the customer's responsibility to carefully examine such content carefully, prior to issuing approval, as any/all approval(s) will be final. Any/all such approval(s) may be given by the customer via email, text, phone, verbally or simply by making a payment or continuing communications pertaining to any/all order(s)/work(s)/job(s).
Customer acknowledges and agrees to pay any/all additional fees to have any change/alteration made after a previous approval has been given by the customer and to allow the company to place any tag/branding line/link to the any of the company's websites, anywhere on any customers' website, page, printed material and/or any other product or service. The customer also acknowledges and agrees that the company’s job/responsibility is finished/done once the customer’s website/order/job/update/upgrade/plug-in/picture/image/content is completed/uploaded/updated. In the case of mobile APPs, the customer acknowledges and agrees that the company will develop/create the APP and the company's job/work/development is done/finished/complete once the APP is initially uploaded and/or turned over to the customer. Any/all updates/upgrades/fixes/repairs/alterations/modifications that the customer requests and/or which might be necessary after the date of completion and final payment is made from the customer, will carry additional fees/charges. The company will not/cannot be expected to continually fix/repair/update/upgrade/expand any mobile APP it develops/creates/designs for any/all client(s). In the event a customer’s mobile APP/website/job/order/update/upgrade/plug-in/picture/image/content experiences any problem/issue due to the customer’s doing, or not, after it was initially, successfully, uploaded/updated/created by the company, that there will be extra/additional fees to correct the problem/issue and/or to perform the same and/or any other work/update/upgrade and/or to re-upload these.
The customer understands and agrees that the process of web design and mobile app development are time consuming and unforeseen circumstances/obstacles may arise at any time during this process, so any estimated completion time provided are only guidelines and BMS will do its best to adhere to such.
The customer agrees to pay semi-yearly or yearly renewal fees for the following products/services (if any/all of these have been offered/purchased/given by/from the company):
- Domain name(s)
- Corporate email account(s)
- Website hosting service(s)
- Any/all other additional services
The customer agrees that in the event the company has offered the customer free hosting service, corporate email account(s) and/or domain registration, this is to be on a six month basis, unless otherwise agreed upon by the company, in written form, and these must be renewed in order for these to stay active and/or online. Any/all corporate email accounts may be/have limited space capacity, unless otherwise specified by the company, in written form.
If the customer fails to pay any/all renewal fees as described above, or any other, these may be canceled, become lost, deleted and/or become unavailable/inoperable past the date of renewal. This includes, but is not limited to, any/all of the customer’s website(s) been taken down, terminated, cancelled, and/or having signs/notes posted on the websites that may indicate the reason for the site/service been inactive/inoperable/non-accessible and these will become the sole property of the company including but not limited to any/all processes/domain names/website design/trademarks/patents/inventions/services/products. If the customer wishes to have any/all of these services/products re-instated/re-uploaded/re-installed, the customer agrees to any/all such measures are at the discretion/decision of the company.
As soon as a customer places an order the company and its developers will invest lots of time and labor into developing the required/necessary initial processes, including: framework/platform/foundation/infrastructure needed/required for the customer's order. The company must pay its associates/developers/employees/sub-contractors/partners/other(s) for the work/design/development of said processes. Therefore, the customer acknowledges and agrees to the following:
As it pertains to website/video design: the customer has up to 45 days (or the amount of days specified in any proposal/agreement/quote/estimate signed by customer = the signed document shall supersede) to provide all required information on its behalf and/or required by the company to complete any/all orders/jobs/work from the date the product/service/design was ordered and/or a deposit was paid (whichever is the earliest). If this 45 day period comes up and any/all orders/jobs/work/services have not been completed/finished/updated/upload/designed/developed, due to the customer’s inactivity, lack of follow-up, unresponsiveness or failure to provide the necessary/required/missing information/details/content, the customer must pay the remaining balance due (total amount quoted/agreed upon) and then the customer will have an additional 35 days (for a total of 80 days) as an extended period, to provide such information/details/content. In the event that the customer has been unresponsive or has failed to provide all of the necessary/required/missing information/details/content for most of these initial 45 days and provides this material in the last week or so, then the customer must pay the remaining balance due (total amount quoted/agreed upon) on the day 45 and then proceed to receive the extended period, as previously described. In the event that the customer fails to provide the missing/required/necessary information/details/content by these 80 days (total), the orders/jobs/work/services and/or any other project related to the customer's order shall be considered finished/completed and no refunds/returns will be made/accepted/expected.
As it pertains to mobile APP development: the customer has up to 33% (one third) of time estimated/indicated time for completion of the APP and/or to provide all necessary information/details for the completion of it, as stated in the company's proposal/estimate/quote/agreement and given and agreed to by the customer.
If the customer wishes to resume, restart, continue and/or have the order/update/upgrade/job/work/design/development/website completed after these time day periods, indicated above, there will be additional fees which may be equal or greater than the initial amount quoted and this shall be at the company’s discretion/decision.
The customer agrees that for any order which includes both an APP and a website to either go along with the APP or to be independent from the APP and or to have any similar features/links with one another, these will be considered two separate items/products/projects/jobs/orders and one may be completed independently from the other. In the event that the website part of the order is complete and the APP is cancelled by either party, then the balance due for the website part will be no less than 40% or the total amount/value quoted/invoiced/agreed upon. In the event that the APP part of the order is complete and the website is cancelled by either party, then the balance due for the APP part will be no less than 80% or the total amount/value quoted/invoiced/agreed upon.
The company will always make every attempt to use the thickest, highest quality paper/gloss finish/option available, such as 16PT paper thickness for business cards, postcards and such and 100LB paper for flyers, brochures, menus and such. However, because our printing services are offered in "gang runs" (meaning that we use large sheets of paper to print multiple clients' orders at one time = 3ft x 5ft or longer, this is the way that we can offer such high quality results for such low prices) we cannot stop/delay/hold the printing process and will at times (as we see fit/necessary/required) replace the paper option with what is at hand/in inventory, at any particular/given time in order to assure the fastest time for completion of any/all orders, as a whole/globally. This means that the company may replace the paper thickness/quality for any order(s). For example: business cards/postcards and others may be printed using 12 or 14PT paper and flyers/brochures/menus and others may be printed using 70 or 80LB paper.
It is the customer’s responsibility to carefully examine any/all proofs/samples for grammar and other. Once a design/job/order/sample/proof has been approved, NO changes can be made and the job/order will be completed as approved.
Approval of orders/jobs may be given by the customer via email, text, phone, verbally or simply by making a payment or continuing communications pertaining to any/all orders/jobs.
If the customer is providing any artwork/design/image for any job/order/work, this will be posted, printed or processed “as-is” and the customer agrees that BMS will not be held accountable/liable for any typos, errors, misspellings, color discrepancies and/or any other issue(s) that arise due to the artwork/design/image provided.
The customer agrees that by providing any image/picture/graphic, instructing the company where/how to acquire, retrieve, download or use any image/picture/graphic; the customer assumes any/all responsibility/liability for the use of any/all images/pictures/graphics. Also any/all designs, images, pictures, website and marketing material content are the customer’s sole responsibility.
The customer agrees to having up to 18% over/under production quantity for any/all products/orders/jobs.
The customer acknowledges and agrees that any/all balances are due on the date shown on the invoice/quote/estimate/sales order/receipt and agrees to pay the full amount quoted and any/all fees such as collection/legal/court/late and other fees associated with past-due balances. Including, but not limited to, driving/transportation fees or time spent having to visit the customer to collect payment for any due balance. Any/all additional fees that come up due to outstanding balances may begin and accrue from the date any/all balances are due.
There are no warranties on installation or other services performed.