Policies
Working with Charles Buchwald & Friends
Unless exceptions are specifically granted in writing, the following policies apply to working with Charles Buchwald and Charles Buchwald & Friends (CB&F).
Schedule & Scope
CB&F will make a reasonable effort to develop and agree upon a development schedule with the client. If delays are incurred by the client, then the remaining development schedule is at the discretion of CB&F, although effort will be made to follow the existing schedule, and extra project costs may be incurred.
Work outside of the scope of the original agreement will be billed separately, including work following the go live time for web sites. Effort will be made to clearly outline the project scope, including client requests which fall outside the scope of the project as agreed in project documentation.
Payment
A retainer equal to 25 to 50 percent (at Charles’ discretion) of the estimate for the job is due before work begins. The retainer is not refundable.
For some projects, progress fees may be payable at intervals.
The balance of payment for a website is due before the site “goes live” and begins accepting traffic on the web server.
Time spent in meetings, phone calls, and instant messaging or other networked communication with the client is considered working time, and will be billed as such. Time spent with mail and email is billable or not at CB&F’s sole discretion.
Materials and licenses for projects will be billed at an (industry standard) fifteen percent markup.
If the project is cancelled, or delayed to such an extent that it is effectively cancelled, then a cancellation fee, also called a “kill fee” will be incurred, equal to the deposit, retainer or down payment.
Delinquent payment may result in suspension or termination of web site services, including HTTP, FTP and email.
Domain Names
Domain names are the responsibility of the client, including purchase, renewal, and setting the nameservers to point to CB&F servers. Expenses and other problems incurred by client’s neglecting to renew domain names is the client’s responsibility.
Trademarks are the sole responsibility of clients.
Passwords & Security
Email passwords are not stored or maintained by CB&F for client accounts; it’s the responsibility of the client to store and use them. CB&F will reset passwords for email accounts upon request.
Clients that install components, plugins, modules or other extensions to websites, or modify or extend software, or using it in a manner other than as designed, and the problems or liabilities that may be incurred by doing so, are not the responsibility of CB&F.
Regular backups are performed of CB&F servers and project materials, but CB&F makes no guarantee, expressed or implied, that all information will be continuously or completely available. Clients concerned with high levels of data security and data integrity must make their own backups. CB&F will supply instructions for routines for doing so upon request.
Proofs
Unless specifically requested by the client in writing, approval of print proofs and colour proofs is at the discretion of CB&F.
Errors and Omissions
Errors and omissions in design or content on web sites or in print are the responsibility of the client to identify at the draft and/or proof stage. Once a site has gone live or a print project is on press CB&F is not responsible for any and all errors or omissions in design or content.
Third Party Software and Services
CB&F is not responsible for problems caused by third party software or services, such as licensed software, open source software, or web services. Licenses for such software or services purchased in the course of a project and used for a project are on behalf of the client by CB&F, and do not imply that CB&F has the capability or responsibility to maintain, troubleshoot or warranty such licenses.
CB&F is focused on Linux-based servers as the most reliable, most future-proof, easiest with which to work, and most efficient on which to develop. Many of the opensource technologies worked with most frequently and successfully are optimized to run on such servers. CB&F projects that must run on non-Linux-based servers will incur an additional 25 percent fee.
Copyright
Website content and graphic design, where it is not covered by pre-existing copyright or licensing agreements, is the intellectual property of the client. It is the client’s responsibility to provide materials which they are legally entitled to use, and do not violate copyright or trademark laws, including images, photos, fonts, templates, themes, and softwares of all kinds.
CB&F reserves the right to use images of the project, including various types of files, in promotional materials and in Charles Buchwald’s private portfolio.
(See below for copyright information for this site.)
Using This Website
Welcome to the buchwald.ca website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Charles Buchwald & Friend’s relationship with you in relation to this website.
The term ‘Charles Buchwald and Friends’ or ‘CB&F’ or ‘us’ or ‘we’ refers to the owner of the website whose registered office is:
185 Charlesworth Rd
Salt Spring Island, British Columbia
Canada V8K 2J7
telephone: 250.537.0218
Our company registration number is 865 500 664 RT, registered in British Columbia, Canada.
The term ‘you’ refers to the user or viewer of our website.
The use of this website is subject to the following terms of use:
- The content of the pages of this website is for your general information and use only. It is subject to change without notice.
- Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
- Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
- This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
- All trade marks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
- Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offense.
- From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
- You may not create a link to this website from another website or document without CB&F’s prior written consent.
- Your use of this website and any dispute arising out of such use of the website is subject to the laws of Canada
Privacy Policy
This privacy policy sets out how Charles Buchwald and Friends uses and protects any information that you give CB&F when you use this website.
CB&F is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement. CB&F strives to adhere to the provisions of the Infants Act (BC), Privacy Act (BC), the Personal Information Protection Act (BC) and the Personal Information Protection and Electronic Documents Act (Canada) and related legislation in force at the time any information is collected.
CB&F may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from 27 May 2009.
What we collect
We may collect the following information:
- name and job title
- contact information including email address
- demographic information such as postcode, preferences and interests
- other information relevant to client surveys/offers
General Website Traffic
CB&F tracks the number of visits to our websites. All information gathered in this way is generic, and we do not track any individual users from this, but only calculate how many visits have taken place. For example, when you visit a CB&F website, we automatically collect such non-personal information as computer operating system (e.g. PC or Mac), web browser (e.g., Netscape, Mozilla) and the domain name of the internet service provider or application service provider (e.g., Yahoo, MSN).
What we do with the information we gather
We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:
- Internal record keeping.
- We may use the information to improve our products and services.
- We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
- From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customise the website according to your interests.
- We use personal information collected through our website to help us to deliver the products and/or services you have requested, to perform quality assurance, sales analysis and other business analysis, to contact you in connection with your website.
- We maintain personal information only for as long as is it is necessary or useful, or as required by the Privacy Act (BC), the Personal Information Protection Act and the Personal Information Protection and Electronic Documents Act
We may use your IP address and your e-mail address for a variety of purposes, including:
- to estimate the number of web surfers in certain countries or regions of the world that visit our website;
- to fix Internet service problems pointed out by our users or by our information technologies supervisors; or
- to send you information and updates about activities, privileges, promotional offers, products and services offered by CB&F.
Your personal information will not be shared with anyone without your consent.
Security
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online. CB&F uses third party service providers on an ongoing basis. CB&F requires these service providers to protect your private and/ or confidential information and to use it only for the specific servies they provide.
Links to other websites
Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
Controlling your personal information
You may choose to restrict the collection or use of your personal information in the following ways:
- whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes
- if you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us at CB&F
We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.
You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held on you please write to contact us.
If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.
Copyright Notice
This website and its content is copyright of Charles Buchwald and Friends.
© Charles Buchwald and Friends 2009. All rights reserved.
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:
- you may print or download to a local hard disk extracts for your personal and non-commercial use only
- you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.
You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
We reserve the right to change these terms and conditions at any time. If you have any questions or concerns, please submit them in writing to Charles Buchwald & Friends.