NivoaDesign.com Terms and Conditions
Last Revised: May 13, 2017
Below we have listed important legal terms that apply to anyone who visits our website or uses our services. These terms are necessary in order to protect both you and us, and to make our services possible and more enjoyable for everyone.
Please read these Terms and Conditions carefully as they will form a contract between us and you; your acceptance of which is agreed from the moment you sign. We have tried to keep these Terms and Conditions brief, easy to understand, and as straightforward as possible.
We understand that legal terms can be exhausting to read, and we’ve tried to make the experience more pleasant. If you have any suggestions on how we can improve them, you are more than welcome to contact our legal team at firstname.lastname@example.org
You (‘the Client’)
Us (Nivoa Design, and hereinafter referred to as ‘the Company’)
The Project - the body of work that is being undertaken, normally consisting of several connected parts, such as consultation, graphic design, website development and/or hosting
What do both parties agree to?
i. The Client agrees to:
Provide the Company, within a reasonable timescale, everything that is requested from you to complete the Project including text, images and other information.
ii. Provide the Company with text and images in the format as stated below (see photographs and images).
iii. Review the Company’s work, provide feedback, and signoff approval by email in a timely manner (no more than 3 weeks).
iv. Make every effort to adhere to all agreed deadlines.
v. Adhere to the payment schedule laid out on our prices page, or agreed separately for bespoke work.
vi. Advise, in advance, of any confidential information to be presented by email, written, or verbally, between both parties. Also, for this to be marked as ‘confidential’ in the subject of the email, or clearly on any written documents.
vii. Provide a minimum of one month notice in writing, or by email should you wish to cancel any contract.
The Company agrees to:
i. Carry out services in a professional and timely manner.
ii. Make every effort to adhere to any deadlines agreed between us and you.
iii. Make a reasonable number of revisions to the design, layout, colors, etc, until you are satisfied with the design concept or such time as both parties feel an agreement is likely to be reached but no more than 2 major revisions. Additional revisions or design work outside the scope of the project will be charged separately.
iv. Endeavour to complete requested website revisions or updates within 48 hours, wherever possible. Revision entitlement per month is dependant on your support package.
v. Maintain up to date skills and knowledge through regular training and research.
vi. Contact you before the end of the first 3 month period, to discuss the various options open to you for continuing website maintenance and support and/or hosting.
The Client represent and warrant that:
you are at least eighteen (18) years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into the NivoaDesign Terms and to form a binding agreement, for yourself or on behalf of the person or entity committed by you to the NivoaDesign Terms;
your country of residence and/or your company’s country of incorporation is the same as the country specified in the contact and/or billing address you provide us;
you understand that NivoaDesign does not provide any legal advice or any recommendation with respect to any laws or requirements applicable to your use or any of your End Users, or your compliance therewith;
And specifically regarding your User Content:
you own all rights in and to any content uploaded by you (“User Content”), including any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text, literary works and any other materials (“Content”), or otherwise have (and will continue to have) the full power, title, licenses, consents and authority, in and to the User Content, as necessary to legally use, publish, transfer or license any and all rights and interests in and to such User Content;
the User Content is (and will continue to be) true, current, accurate, non-infringing upon any third party rights, and in no way unlawful for you to possess, post, transmit or display in the country in which you or your User Website’s visitors and users (“End Users”) reside, or for NivoaDesign and/or your End Users to use or possess in connection with the NivoaDesign Services;
you have obtained all consents and permissions required under all applicable laws, regarding the posting, transmission and publication of any personal information and/or image or likeness of any person, entity or property which is part of the User Content, and you will adhere to all laws applicable thereto.
i. All websites are developed to work primarily across all major browsers and platforms including other devices such as mobile phones and touchpads. However, the Company cannot guarantee complete and/or long term compatibility across every major browser, platform or handheld device due to updates/upgrades by their respective vendors.
ii. The Company cannot guarantee compatibility in old or redundant browser software.
i. Each package contains 3 months of free support. After that period we will provide an offer with proposal for support on monthly basis if needed.
Payments and Contract Lengths:
i. All payment schedules can be found on our prices page (www.nivoadesign/packages), or will be agreed separately for bespoke work.
ii. The company has the right to charge the client up to 100% of the total web development costs, should the client cancel the website agreement after the design concepts have been agreed but prior to the website going live. The scale of the charge will be dependent on what stage the project is at when the cancellation takes place.
iii. Once the site goes live (you besite is up and running and you have received details) no cancellation is available.
iv. Any early cancellation of your standing order during the first 5 days will be deemed a break in contract. In this case you would be liable for the balance of the contract to be paid with immediate effect plus a £25 admin fee (The admin fee covers time taken to discover the cancellation, generating an invoice and posting)
v. Alterations to standing order mandates to reflect new or changed contracts are the sole responsibility of the client. Overpayments to the Company as a result of not updating a standing order mandate will not be reimbursed to the Client. Underpayments or missed payments, however, shall be backdated to the point at which the underpayment or missed payment was discovered and the Client shall be responsible for bringing their account up to date within a reasonable period of time.
vi. The Company requires a minimum 30 days notice to cancel a support or hosting contract.
Content Management Systems:
i. All packages with the exception of Web site Package 1 – Start Up,
Web site Package 2 – Standard, Package 3 – Professional will be developed using a Content Management System (CMS).
ii. In order to maintain compatibility between clients the company now use the WordPress Platform exclusively as our CMS of choice. ECommerce stores use different management systems depending on the scale and complexity of the Project.
iii. However, in some instances, the company may build a bespoke solution, depending on the exact requirements of the Project.
iv. Any associated or additional fees, such as installation, setup, testing and introductory training pertaining to Content Management Systems or ECommerce Management Systems are covered within your chosen package.
Photographs and Images:
i. Any images or photographs that you supply should be in digital format, usually no smaller than 1024×768 pixels, with a suitable resolution that will allow them to be resized and used on screen. Traditional paper photographs requiring scanning are acceptable, however, there may be additional costs incurred due to time spent scanning and retouching the images. This depends entirely on the project and the number of images involved.
ii. Any images that the company are asked to obtain from third party photographers or stock photography will be charged as an additional cost.
iii. The Client guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to the Company for inclusion in their website, or other design, are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, indemnify and defend the Company and its subcontractors from any liability (including solicitors fees and court costs), including any claim or suit, threatened or actual, arising from the use of such elements furnished by the Client.
iv. Evidence of ownership or permissions may be requested by the Company.
After the website is LIVE for clients and approved by the Client, copyright is automatically assigned as follows:
i. The Client will own, or have express permission to use, the text files, images, graphics and any visual elements, video or sound bytes, that you may have sent to us to use in connection with the project.
ii. The company will maintain copies of all the files used in connection with your project and if you require a disc copy of all the files used in connection with your project, then the company will be happy to supply this to you. Copies of the website files are maintained by us for a reasonable time (usually at least one year), and if you are hosting with us, then files are maintained both locally and on external servers.
iii. The copyright to the markup, CSS files, other code that may have been used by us for you, or certain images that the company may have supplied to or for you are licensed to you in connection with this web design project, and will be licensed solely to the domain name on which the website files reside. If you own the domain name, then you own the copyright.
iv. At the bottom of the website page(s) after payment has been completed, usually it will say Copyright and the name of your business or company. The company do however reserve the right as the Company responsible for the design and/or development to place a small and unobtrusive link at the bottom of your website, thereby not hindering or distracting from your own website design.
v. As the design company the company also reserve the right to display and link to your completed project as part of our portfolio, and to write about the project on other web sites, in magazine or ezine articles, books, written or digital publications of any design and source. Please inform us in advance of the website going live if you DO NOT want us to add your site to our portfolio of work.
The NivoaDesign Services also include certain features which enable you to sell goods, content, media and services through your User Website (“User Products”, and collectively – “E-Commerce”).
You are solely responsible for your User Products and E-Commerce related activities, and any promotions and related Content contained or referred to in your User Website, and compliance with any laws applicable thereto. We are merely providing the platform for you to manage your online E-Commerce activities. We are not involved in your relationship and/or any transaction with any actual or potential buyer of your User Products. When someone purchases your User Products, such transaction’s payments will be processed through such third party payment service providers with which you decided to register and set up an account (“E-Commerce Service Provider(s)”), in accordance with such E-commerce Service Provider’s terms of service and other applicable policies. We are neither a party to nor are responsible in any way for your relationship with any such E-Commerce Service Providers, or for the actions of any of these E-Commerce Service Providers.
By using any of our E-Commerce features, you acknowledge, warrant and agree that:
You shall be solely and fully responsible for all Taxes and fees of any nature associated with your E-Commerce activities, including any Taxes related to the purchase or sale of the User Products, and to collect, report and remit the correct amounts to the appropriate authorities and/or inform your End Users of such and provide them with a duly issued invoice as required by law;
Any Taxes indicated by the E-Commerce features provided to you by NivoaDesign are solely provided for illustration purposes only, and may not be relied on in any way;
You shall be responsible for and bear all costs of procuring and delivering your User Products, and for providing them in a safe and professional manner, consistent with industry standards;
You are solely responsible for any and all statements and promises you make and for all assistance, warranty and support regarding the User Products, and shall provide true contact information in your User Website for any questions, complaints or claims;
You may not offer or sell any User Products, or provide any information, Content or material regarding User Products, which may be deemed hazardous, counterfeit, stolen, fraudulent, offensive or abusive; which are prohibited for sale, distribution or use; or which otherwise fail to comply with any applicable laws, including with respect to consumer rights, intellectual property or privacy rights, product safety, trade regulations and sanctions, support, maintenance and export; and –
NivoaDesign may, at any time and at its sole discretion, suspend, disable access to or remove your User Website and/or any User Products – whether or not incorporated, published with or made a part of your User Website at such time, without any liability to you or to any End Users, including for any Capacity Loss resulted therefrom.
To ensure superior levels of reliability and performance, all our clients websites are hosted on a high speed server. Details of the exact specification of our servers are freely available to all our clients and will be given upon request.
The company will not be held liable for any missed launch date or deadline, if the Client has been late in supplying materials, or has not approved or signed off work on time, at any stage.
The Company adheres to all national and EU data protection, data transfer, data retention, and confidentiality regulations and always stores data sent to us in a secure manner within our security policy.
i. A website will not launch until a standing order or payment has been set up, unless special agreement has been reached in advance.
ii. Additional costs for extra features and/or additional design costs, not covered by our standard packages, will be agreed and invoiced before the website goes live. See www.firstclasswebdesign.co.uk/packages for a list of charges.
iii. If the Client does not respond to the Company’s request to discuss or choose ongoing support options, the client will automatically be placed on what the company feels is the most appropriate support package.
iv. Admin fee (£25) is payable for switching the client to another hosting provider.
v. Hosting only clients, will be charged at our normal hourly rate for any further changes or updates to their website.
vi. There may be an additional fee for any design changes requested after the initial agreed design has been signed off.
vii. The Company is not responsible for writing or inputting any text copy unless this has been specified by the client.
viii. If you are hosting the website elsewhere, the Company cannot guarantee that the website is fully compatible with all hosting provider’s server operating systems, especially any contact forms, Content Management Systems, database driven websites, etc.
ix. If the website is to be hosted elsewhere, then you will still pay the same monthly fee as agreed.
x. The company do not offer any technical support for any other web site hosting company that you may choose (if you elect not to host the website with us).
xi. The company cannot guarantee that the functions contained within any web page (or part of your website design), will always be error free, and therefore the company will not be liable in any way whatsoever to you for any third party damages, including lost profits, lost savings, or other incidental, consequential or special damages arising out of the operation of or inability to operate this web site and any other web pages, even if you have advised us of the possibilities of such damages.
xii. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. Just the same as a fine, you cannot transfer this contract to anyone else without our consent or permission.
xiii. This contract remains in force and need not be renewed.
xiv. Although the company have tried to keep this contract language simple, the intentions are serious, and the contract is a legal document under the exclusive jurisdiction of Bulgarian law.
Web Design Enterprise Corp clients must notify us via email with your intentions to cancel web development services. You will be responsible for any services rendered to that point, including both billed and unbilled. In the event the services are for a flat rate project, the full amount of the project remains payable to us.
Changes to these Terms and Conditions:
NivoaDesign reserves the right to add, delete, or modify any provision of these Terms and Conditions at any time without notice. Failure to receive notification of a change does not make those changes invalid. These Terms and Conditions will always be available to download or print from our website.