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WEB DESIGN TERMS & CONDITIONS

General

The following terms and conditions is a legal agreement between Web & Cloud hereafter “Web & Cloud” and “Client” for the purposes of website/e-commerce development. Web & Cloud is registered in The Netherlands, under business registration number 61020419 and VAT Number NL8541.68.618.B01. These Terms & Conditions set forth the provisions under which the Client may use our web design & Programming services.

Web Design & Programming Project

Whilst every endeavor will be made to ensure that the website and any scripts or programs are free of errors, Web & Cloud cannot accept responsibility for any losses incurred due to self maintenance or order errors caused by you after the site is fully tested and accepted.

The website, graphics and any programming code remains the property of Web & Cloud until all outstanding accounts are paid in full. Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by Web & Cloud remain the copyright of Web & Cloud and may only be commercially reproduced or resold with the permission of Web & Cloud.

Web & Cloud cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.

The client agrees to make all required materials available to Web & Cloud to complete the website to the agreed standard and within the set deadline. Web & Cloud will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.

Web & Cloud will not be liable or be involved in any disputes between the site owner and their clients and cannot be held responsible for any wrong doing of the site owner. eg. Any disputes re content/images that have been provided for the website.

Web & Cloud will not be liable for any costs incurred, compensation or loss of earnings due to the project carried out on behalf of the client or any of the clients appointed agents.

A non-refundable deposit of 50% is required with all of our projects before any project will be carried out.

Once a website has been designed and published balance of the payment is then due in accordance with our payment terms. There are no exceptions to this, clients are obliged to pay for completed projects. Non payment will result in legal action being taken if necessary. Once full payment is received for a website, it is assumed that the project has been completed to the clients satisfaction and no refunds can be offered. We do offer free updates for a month after completion to allow any final amendments that may be required.

Database and software

Web & Cloud cannot take responsibility for any losses incurred by the use of any software created for the client. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.

Any scripts, applications or software (unless specifically agreed) written by Web & Cloud remain the copyright of Web & Cloud and may only be commercially reproduced or resold with the permission of Web & Cloud.

Where applications or sites are developed on servers not recommended by Web & Cloud, the client is expected to provide or seek any information, additional software, support or co-operation pertaining to the server required in order for the application to be correctly developed. Where large applications are to be developed, it is the clients responsibility to provide a suitable testing environment which is identical to the final production environment.

The client is expected to test any application or programming relating to a site developed by Web & Cloud before being made generally available for use. Where “bugs”, errors or other issues are found after the site is live, Web & Cloud will endeavor to correct these issues to meet the standards of function outlined in the brief

Compatibility

Web & Cloud will endeavor to ensure that any developed/designed site or application will function correctly on the server it is initially installed in and that it will function correctly when viewed with web browsing like Microsoft Internet Explorer and others. Web & Cloud can offer no guarantees of correct function with all browsers.

Web Hosting

All our web design projects are delivered with 1 week to 3 months with 1 year free web hosting and 1 free domain name, but we also deliver our Web design & Programming services without hosting services. See our web hosting policy.

Domain name registration

Domain name registration are always free with our Web design & Programming services + 1 to 3 months free web hosting, but we also delivered Web design & Programming services without domain name registration. See our domain registration policy.

Website Optimization

Due to external factors, such as changes to the way search engines rank websites, we cannot offer any guarantees regarding the position we will achieve for websites. The process of optimizing websites itself will bring in more traffic and hits and you’ll see visits increase to your site naturally. We cannot accept liability for any change in rankings, or drop off in the position of your website due to changes in the algorithms of the search engines or the factors that they use to rank websites.

We use different SEO techniques when optimizing websites and always aim to achieve a top ten ranking for your website within six months of undertaking the optimization process. Due to the project involved payment is generally required in advance and we are unable to offer a refund of any monies to clients in relation to this type of project.

Web & Cloud reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial.

Payment of Accounts

A deposit is required from new client before any project is carried out. It is the Web & Cloud policy that any outstanding accounts for project carried out by Web & Cloud or its partners are required to be paid in full within 30 days from the date the website is published or as agreed to before starting the project.

If accounts are not settled or Web & Cloud have not been contacted regarding the delay, access to the related website may be denied till the full payment is received from the client.

Your Privacy

See how we handle the information provided by you in our General Privacy Policy.

 

Complaints Procedure

Informal procedure

Anyone who experiences a problem with their web services provided by Web & Cloud should raise the matter directly using our contact form to do so, giving sufficient information to locate the material (such as an url) and clearly outlining the grounds for complaint.

Web & Cloud will approach the individual responsible for the material in question with a view to resolving the matter to the satisfaction of the complainant.

Formal complaints procedure

The formal complaints procedure should only be used where the complainant feels that the nature of the complaint is too serious to be dealt with informally, or where a satisfactory conclusion has not been reached after following the informal procedure.

A formal complaint should be made in writing to Web & Cloud, who will acknowledge receipt and ensure that the matter is looked into as soon as possible.

An initial response to any complaint can be expected within seven days of its receipt; a full and considered response to the complaint should be completed within 30 days and any subsequent remedy implemented with the minimum of delay.

 

Governing Law

Web & Cloud reserves the right to terminate a project with a Client at any time without prior notification if the Client violate these terms and conditions.

Where any term of this contract are held to be void or unenforceable for whatever reason, any other terms of the contract not so held will remain valid and enforceable at law.

Any and all matters pursuant to this agreement are governed by the law of The Netherlands and are under exclusive jurisdiction of The Netherlands court.

Web & Cloud reserves the right to amend these Terms and Conditions at any time without prior notice, the latest terms and conditions can be found on Web & Cloud’ website.

By accepting a quotation or submitting a web design order through one of the websites of Web & Cloud, the Client acknowledges to have read, understand, and accept the Terms and Conditions of this Agreement, and agrees to be legally binding by these Terms and Conditions.

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