The following terms and conditions apply to all website development / design services provided by Don M. Ouwens (‘me’ or ‘I’) to the client ('you'). A ‘project’ is any work undertaken or service provided by me for the Client on their request and as described in the proposal document or any written communication to that Client.
// ACCEPTANCE
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. Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.
// LEGALITIES, COPYRIGHT AND INTELLECTUAL PROPERTY
I cannot be held responsible for anything adversely affecting the Client’s business operation, sales, or profitability that might be claimed is a result of a service offered. I will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines. This includes the situation in which the Client has been late in supplying materials, or has not approved or signed off work on time, at any stage.
Please ensure that any images or content supplied is legally available for you to use. I cannot be held responsible for the illegal use of images, content or format of material supplied by the Client.
Where images used for any project of the Client have been purchased by me on behalf of the Client, these images are restricted by license for the use within the organisation of the Client only and are limited to 15 images per project. I am not liable for misuse of these images by the Client or any other person’s copying, altering or distributing the images to individuals or other organisations.
// PAY TERMS
Charges for services to be provided by me are defined in the project quotation that the Client receives via e-mail or printed. Quotations are valid for a period of 30 days. I reserve the right to alter or decline to provide a quotation after expiry of the 30 days.
Unless agreed otherwise with the Client, all services require an advance payment of a minimum of fifty (50) percent of the project quotation total before the work is supplied to the Client for review. The remaining fifty (50) percent of the project quotation total due upon completion of the work, prior to upload to the server or release of materials.
Payment for services is due by bank transfer. All invoices should be paid in full within seven (7) days after sending the invoice. Invoices that remain unpaid seven (7) 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 € 100,- per month of the total amount due. Bank details will be made available on invoices and can be found at the bottom of this page.
Client agrees to reimburse me for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography etc.
I own all sketches, concepts, designs and code of the project until the final payment has been received in full.
// COMMUNICATION AND TERMINATION
It is the Client’s responsibility to inform me of any change in email address, address or phone number in order to ensure I always have valid contact details. I cannot be held liable in any way for problems relating to communication issues if the Client has not supplied me with a valid contact details.
Termination of services by the Client must be requested in a written notice and will be effective on receipt and acceptance of such notice. E-mail or telephone requests for termination of services will not be honoured until and unless confirmed in writing. The Client will be invoiced for design work completed to the date of first notice of cancellation for payment in full within thirty (30) days.
// DESIGN AND REVISION
The design process naturally consists of phases. The Client’s feedback/revisions are an essential part of this process. Once a design draft is presented, the Client has seven (7) days to provide their feedback. After that period, or when the Client indicates that all the feedback has been provided, I will provide a new version ending the round of revision.
I offer one (1) round of revisions with every project. Any changes beyond this point are subject to additional charges. The cost of the extra revisions depends on the type of changes required. The timeframe for the design revisions ends when the Client accepts the designs.
// LIABILITY
I hereby exclude myself, my employees and or agents from all and any liability from:
My entire liability 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.
// DOMAIN NAMES AND HOSTING
I may purchase domain names on behalf of the Client. 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 my responsibility. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.
With the exception when SEO services are provided, I do not take any responsibility for a Client’s website rank in search engines. This also includes any potential website downtime that can occur. When updating, changing, creating and hosting a Client’s website, there could be a change in the website’s search engine ranking.
// GENERAL
These terms and conditions supersede all previous representations, understandings, or agreements. The Client’s signature, verbal agreement or payment of an advance fee constitutes agreement to and acceptance of these terms and conditions. Any form of payment is an acceptance of these terms and conditions.
// CHANGES TO THESE TERMS AND CONDITIONS
I reserve 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 online.
