Webie Terms and Conditions
The following terms and conditions apply to all website development / design services provided by Webie to the Client.
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 then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.
2. OUR FEES AND DEPOSITS
A 50% deposit of the total fee payable under our proposal is due immediately upon you instructing us to proceed with the website design and development work. The remaining 50% shall become due when the work is completed to your reasonable satisfaction but subject to the terms of the “approval of work” and “rejected work” clauses. We reserve the right not to commence any work until the deposit has been paid in full.
The 50% deposit is only refundable if we have not fulfilled our obligations to deliver the work required under the agreement. The deposit is not refundable if the development work has been started and you terminate the agreement through no fault of ours.
3. SUPPLY OF MATERIALS
You must supply all materials and information required by us to complete the work in accordance with any agreed specification. Such materials may include, but are not limited to, photographs, written copy, logos and other printed material. Where there is any delay in supplying these materials to us which leads to a delay in the completion of work, we have the right to extend any previously agreed deadlines by a reasonable amount.
Where you fail to supply materials, and that prevents the progress of the work, we have the right to invoice you for any part or parts of the work already completed.
We are pleased to offer you the opportunity to make revisions to the design. However, we have the right to limit the number of design proposals and revisions to a reasonable amount and may charge for additional designs or revisions if you make a change to the original design specification.
Our website development phase is flexible and allows certain variations to the original specification. However any major deviation from the specification will be charged at the rate of €100.00 per hour.
The developer (Webie) warrants the services provided based on the scope of work detailed within the Webie services. The entire risk as to the quality and performance of the web pages and website is with the client. The developer makes no warranty that the website and software is totally error free or that the client will be able to operate the website and software without any problems or interruptions caused by unforeseen problems or untested scenarios. Upon being notified by the developer that work has been completed the client has 14 days to report any bugs directly related to the scope of work reported in the Webie and Webie will continue to fix any found bugs for 30 days. The developer will not be responsible for any direct, indirect or consequential damages that may result from the use of its services, including loss of data resulting from delays, non-delivery or interruption in service. In no event will the developer be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate these web pages or website, even if the developer has been advised of the possibility of such damages. You acknowledge and agree that the developer cannot guarantee the absence of service interruptions caused by acts of God or other circumstances beyond our control. Webie disclaims all other warranties, expressed or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose, with respect to services provided.
5. PROJECT DELAYS AND CLIENT LIABILITY
Any time frames or estimates that we give are contingent upon your full co-operation and complete and final content in photography for the work pages. During development there is a certain amount of feedback required in order to progress to subsequent phases. It is required that a single point of contact be appointed from your side and be made available on a daily basis in order to expedite the feedback process.
6. APPROVAL OF WORK
On completion of the work you will be notified and have the opportunity to review it. You must notify us in writing of any unsatisfactory points within 7 days of such notification. Any of the work which has not been reported in writing to us as unsatisfactory within the 7-day review period will be deemed to have been approved. Once approved, or deemed approved, work cannot subsequently be rejected and the contract or agreement will be deemed to have been completed and the 50% balance of the project price will become due.
The Client understands that any and all revision requests, updates, corrections, additions or variations will incur an hourly billable or project charge. Design work is not done free of charge unless otherwise arranged with Webie explicitly and clearly in writing.
Unless otherwise agreed, Webie will complete ONE large revision stage, and TWO minor revision stages. Revision requests are to be made within SEVEN days of receiving the proofs. If no revisions are requested within this time, it is assumed that the submitted proof is the accepted final. Any revisions made after this point are subject to additional fees at the hourly rate.
The total project quote or rate provided by Webie is based on a reasonable average or specified number of revisions per design item, and associated number of billable hours. On the occasion the Client requests drafts or revisions that go beyond the scope of the original quote or rate, Webie reserves the right to charge an additional hourly rate upon informing the Client that the request will incur an additional cost. Data / Content/ Product uploading job is not included in the quote and the same needs to be made by the client
7. REJECTED WORK
If you reject any of our work within the 7-day review period, or not approve subsequent work performed by us to remedy any points recorded as being unsatisfactory, and we, acting reasonably, consider that you have been unreasonable in any rejection of the work, we can elect to treat this contract or agreement as at an end and take measures to recover payment for the completed work.
Upon completion of the 7-day review period but before publishing the live website, we will invoice you for the 50% balance of the project. All the Codes & Files will be given to the customer after the Full Payment is received by the project/work. Webie reserves the right to remove any web design project from viewing on the internet until final payment is made. Accounts that remain unpaid thirty (30) days after the date of the invoice will be assessed a service charge in the amount of the higher of one and one-half percent (1.5%) or €50 per month of the total amount due.
9. WARRANTY BY YOU AS TO OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS
You must obtain all necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names and trade marks, or any other material that you supply to us to include in your website or web applications.
You must indemnify us and hold us harmless from any claims or legal actions related to the content of your website.
10. Displaying our work
We love to show off our work, so we reserve the right to display all aspects of our creative work, including sketches, work-in-progress designs and the completed project on our portfolio and in articles on websites, in magazine articles and in books or any other promotional materials.
11. SEARCH ENGINES
We do not guarantee any specific position in search engine results for your website. We perform basic search engine optimisation according to current best practice. We cannot guarantee any improvement to a search engine ranking, nor can we promise to get a site higher up or to the 'top of Google', but we build every site in a way that is accessible to search engines in an effort to increase its chances.
Webie 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 Webie 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
To the full extent permitted by law, all terms, conditions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise (other than the express provisions of these terms and conditions) relating in any way to the services we provide to you are excluded. Without limiting the above, to the extent permitted by law, any liability of Webie any term, condition, warranty or representation that by law cannot be excluded is, where permitted by law, limited at our option to the replacement, re-repair or re-supply of the services or the payment of the cost of the services that we were contracted to perform.
We reserve the right to subcontract any services that we have agreed to perform for you as we see fit.
We (and any subcontractors we engage) agree that we will not at any time disclose any of your confidential information to any third party.
16. ADDITIONAL EXPENSES
You agree to reimburse us for any requested expenses which do not form part of our proposal including but not limited to the purchase of templates, third party software, stock photographs, fonts, domain name registration, web hosting or comparable expenses.
You are responsible for maintaining your own backups with respect to your website and we will not be liable for restoring any client data or client websites except to the extent that such data loss arises out of a negligent act or omission by us.
18. OWNERSHIP OF DOMAIN NAMES AND WEB HOSTING
We will supply to you account credentials for domain name registration and/or web hosting that we purchased on your behalf when you reimburse us for any expenses that we have incurred.
You also agree accept that authorising us to act as your Designated Agent is a condition of registering or managing your domain with Hostpapa.
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 Webie. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.
19. GOVERNING LAW
The agreement constituted by these terms and conditions and any proposal will be construed according to and is governed by the laws of Ireland. You and Webie submit to the non-exclusive jurisdiction of the courts in and of Ireland in relation to any dispute arising under these terms and conditions or in relation to any services we perform for you. This agreement supersedes any prior written or oral agreements between the parties.
20. CROSS BROWSER COMPATIBILITY
We test our work in current versions of major desktop browsers including those made by Apple (Safari), Google (Chrome), Microsoft (Edge), Mozilla Firefox and Opera. We’ll also test to ensure that people who use Microsoft Internet Explorer 11 for Windows get an appropriate experience. We won’t test in other older browsers unless we agreed separately. If you need an enhanced design for an older browser, we can provide a separate estimate for that.
You (client) are responsible for complying with all relevant laws relating to e-commerce, and to the full extent permitted by law will hold harmless, protect, and defend and indemnify Webie and its subcontractors from any claim, penalty, tax, tariff loss or damage arising from your or your clients’ use of Internet electronic commerce.
22. LEGAL NOTICE
The client agrees that the client is solely responsible for complying with such laws, taxes and tariffs, and will hold harmless, protect, and defend Webie and its subcontractors from any claim, suit, penalty, tax or tariff arising from the client’s exercise of internet electronic commerce nationally and internationally. Webie takes no responsibility for the loss of sales, content, information or integrity of private data as a result of third parties gaining unauthorised access to the website in any manner, but will work on behalf of the client to help mitigate the damage caused by such an event. It is the client's responsibility to ensure that all trade practices and privacy obligations, as required under law pertaining to the client in the operation of the client's business, are the responsibility of the client. The client further indemnifies the developer from any and all actions, civil claims or legal torts in the operation of the client's business.
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.