Terms of Service
In these terms and conditions:
“Agreement” means any contract made subject to these Terms and Conditions.
Representations made by the Company’s distributor will not form part of this agreement unless;
1.1. Unless specifically varied in the Project Cost section of our proposal or otherwise in writing by the Company, the following payment terms shall apply:
1.2. All fees quoted are exclusive of IVA (if applicable) and to the extent that IVA is chargeable in respect of any goods, work or services supplied by the Company, IVA at the rate in force at the time of supply should be added to payments otherwise due.
1.3. For One Off fees (such as but not limited to website development);
1.3.1. 50% (non-refundable) of any ‘one off’ value is due prior to commencement.
1.3.2. 25% balance will be due following initial draft and sent to the Customer.
1.3.3. 25% balance will be due following sign off and prior to placing the project live.
1.3.4 Where sign off is requested and no response received within 14 days, the balance becomes payable in full. One set of revisions will be allowed post this event.
1.3.5. Invoices will be due for payment strictly within 7 days of submission.
1.4. For ongoing fees (such as but not limited to Hosting and Online Marketing);
1.4.1. Payment must be made in advance of the service being provided, or within 7 days of invoice issue date.
1.4.2. Where payment is late, it is still applicable, but the Company are not obliged to provide services for the period that the payment was late.
1.5. All fees quoted are subject to review and adjustment by the Company at any time.
- Non Payment
2.1. In the event that full payment is made later than required by the conditions set under the section ‘Payment’ or if only partial payment is made, the Company may at its absolute discretion charge for administration costs and interest on any monies owed at either the rate of 2% interest per month or at the annual rate of 7% above the base rate published from time to time, calculated weekly and compounded monthly.
2.2. Failure to apply such charges does not constitute a waiver of the option so to charge.
2.3. If the Customer also holds a Hosting Account with the company, the Hosting account may be terminated without notice in the event that invoices fall into arrears. This will affect email communications and any other services provided by the Company.
2.4. In the event that payment is not received within a maximum of 60 days, arrears will be passed to our Debt Collection Agency. Once this has taken place, the Company are not in a position to accept payment from the Customer. Additional fees are applied by the Debt Collection Agency. The Company have no authority to revert these fees once a debt is passed over to the Debt Collection Agency.
3.1. If a project is cancelled following the order being confirmed and prior to the deposit being paid, the Customer accepts that this deposit is still due and should be paid in accordance with 1.3.3.
3.2. If a project is cancelled at any point during the design process, the full deposit is non-refundable and therefore will be retained.
3.3. If a project is cancelled at any point during the build process, the full project balance is payable.
3.4. Hosting services require 30 days’ end of month notice.
3.5. Online Marketing services (defined below) require 30 days’ end of month notice.
3.6. 30 days’ end of month shall mean the end of the month following the month in which cancellation was received. (example cancellation on 9th August, service ends 30th September)
3.7. Notice of cancellation should be made in writing via email.
3.8. Notice is deemed to have been received by a read receipt on email.
3.9. Information and files retained by the Company will be returned to the Customer upon final payment for any outstanding invoices.
- Withdrawal of Services
4.1. The Company reserves unto itself the right to withdraw its services at its entire discretion, particularly in the event of any failure to pay. Upon such withdrawal of its services, the Company shall be under no liability whatsoever to compensate the Customer for any costs, losses or damages, howsoever arising, that the Customer may incur or may have incurred.
4.2. It is hereby agreed between the Company and the Customer that where the Company withdraws its services, the Company may remove any material stored upon any computer or server and shall retain, and shall not be under any obligation to return or provide access to, any and all documents, papers, etc. belonging to the Customer until payment is made in full of all the Company’s invoices.
5.1. Copyright in all documents, papers etc. prepared or caused to be prepared by the Company is expressly reserved by the Company until full payment is received.
5.2. Upon full payment of all invoices provided to the Customer, all rights to any work carried out by the Company for the Customer is passed to the Customer. From this point, the Company assumes no rights to the material created and supplied except in accordance with 5.3 below.
5.3. The Company maintains the right to re-use code that it has created whilst providing services to the Customer. The Customer does not have ‘resell’ rights unless a separate signed resell rights document has been obtained (at additional cost).
5.3.1 The Company maintains the right to demonstrate previous work carried out on behalf of the Customer for future use.
5.4. The Customer shall indemnify and save harmless the Company against any claims that may arise out of the content or nature of the material stored upon any computer or server or which may be prohibited or protected by laws of any country relating to copyright, confidentiality or intellectual property.
- Royalty Free Images
6.1. Wherever possible, royalty free or public domain images may be used in the design of the Customer’s web site with the approval of the Customer. Any conflict between an unknown author of such images and publication of said images on site will be the full responsibility of the Customer. The Company will charge for any time involved in correcting the use of images that the Customer does not have the right to use.
6.2. Additional costs will be incurred should the company be required to obtain Royalty Free Imagery. The standard cost is 30€ per image supplied, regardless of whether the image is used.
7.1. Where appropriate, the Company uses the WordPress content management system. The Company are not responsible for site outages or any costs, losses or damages, due to the WordPress platform or ‘Plug-In applications’ used to create the Customer website.
7.2. It is important to update WordPress and any used ‘Plug-In applications’ when new updates are available. It is the responsibility of the Customer to check and update these programs with the exception of 7.3
7.3. Where the Customer has paid for (and payments are up to date) the WordPress maintenance service, it is the responsibility of the Company to ensure all updates are installed within a reasonable time from the update being released.
- Third Party Services
8.1. Where the Company uses any third-party services, site search facilities, chat room, email or tracking services, the Company is not responsible for third-party service commitments, quality or availability.
8.2. It is the responsibility of the Customer to read the terms and conditions provided by any third party service used on their behalf.
- Amendments and Fixes
9.1. An Amendment is any item that when requested is different to what was originally requested. This is typically where content is provided and later changed or upon seeing a project part built, a new feature is required.
9.2. A Fix is any request that when requested is the same request as was originally requested. This is typically through a function not working as was originally agreed.
9.3. Where a Fix relates to a Browser Compatibility issue, the specific terms in relation to Browser Compatibility.
9.4. When a new task is requested by the Customer, the Company will determine whether the request is a Fix or an Amendment. A Fix of any previously agreed and paid for item will be free from charges. Amendments are charged at the standard hourly rate. The customer agrees to pay these fees as invoiced.
- Browser Compatibility
10.1. The Company will ensure that any website build is compatible with the current versions of Internet Explorer and Google Chrome browsers at the time of release when viewed on a desktop PC.
10.2. Further Browser configurations (version number and device) should be specified to the Company at the time of the project. Ensuring Browser Compatibility on these additional browsers is charged at the Company’s standard hourly rate.
10.3. The Company will try to make the website work in an identical manner across the browsers, but it is accepted by the Customer that this is not always possible or practical and therefore the definition of Browser Compatibility will be that the user experience is not harmed when the site is viewed on the browsers it is designed for in accordance with 9.1 and 9.2.
10.4. Browser compatibility means a near representation of the original design. As the design is converted into ‘code’, this may not be an exact match.
- Mobile Responsiveness
11.1. Unless specified within the Project Proposal, the Company shall not be responsible for providing a mobile responsive website. The Company advises all Customers to ensure their websites are mobile responsive. It is the Customer’s responsibility to check whether they have requested a mobile responsive design.
- Uploading of Websites
12.1. The Company is responsible for uploading the Customer’s website and testing all functionality where the site is hosted by the Company.
12.2. The Company is not responsible for uploading the Customer’s website to hosting servers not provided by the Company. Nor is the Company responsible for the hosting configuration of the Customers hosting provision if it is not with the Company. However;
12.2.1. The Company agrees to upload to another provider’s servers at the Company’s standard hourly rate.
12.2.2. Where functionality will not work on another providers hosting provision, the Company will demonstrate that same functionality working on its hosting servers to prove that the functionality works and the server is at fault.
- Online Marketing
13.1. Online Marketing services include;
13.1.1. Search Engine Optimisation (SEO), which is defined as carrying out various activities to improve a website’s position within search engine rankings.
13.1.2. Pay per Click Management, which is defined as setting up and helping to make pay per Click advertising campaigns more efficient.
13.1.3. Social Media Marketing/Management which is defined as helping the Customer to promote their products or services through the variety of social media channels.
13.1.4 Email Marketing which is defined as creating email templates and writing the content for the Customer to then use as they wish.
13.1.5 Public Relations (PR) which is defined as acting on behalf of the Customer and acting as the Middle Man in regards to writing and promoting Press Releases.
13.2. The Company will carry out tasks known to help businesses through the chosen online marketing method.
13.3. The Company will report its activity and results to the Customer.
13.4. Whilst the Company has a track record of achieving positive results, the Company does not guarantee improvements of any kind. Previous success should not be seen as a guarantee for future success.
- Hosting and Domain Services
14.1. In line with best practice, the company uses third party hosting and domain registration services known as ‘co locating’. Whilst it is the responsibility of the Company to act in the Customers best interests when sourcing such suppliers, the Company cannot guarantee ‘up-time’ and any hosting services used on your behalf are subject to the terms and conditions of the provider. These will be provided on request.
14.2. If the Customer decides to move hosting away from the Company, the Company will provide as much assistance as required. This is subject to the following;
14.2.1. There is a standard Domain Transfer Fee for domain transfers of 22€ per domain name.
14.2.2. Support provided by the Company in any way towards the move will be charged at our standard hourly rate.
14.2.3. Moves cannot take place where overdue invoices exist. During any period where unpaid invoices exist, and therefore hosting is still being provided, the hosting fee will continue to accumulate and be payable before a site can be moved.
- Ongoing Maintenance
15.1. Digital Roar do not include ongoing maintenance in the original quotation unless itemised as a separate item. Any work carried out as part of a ‘maintenance’ contract or as ‘Ad-Hoc’ is charged at the standard hourly rate and is calculated in 30 minute units.
- Hourly Rate
16.1 The Company charges a standard of €50+IVA per hour for the services provided, unless proposed as a ‘Project Cost’ for packaged work such as Social Media Management.