Codex8 Web Design

Terms and Conditions

The following terms and conditions apply to all website design/development services provided by Codex8 Web Design to the Client.

1. 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.

2. Charges

Charges for services to be provided by Codex8 Web Design are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 30 days. Codex8 Web Design reserves the right to alter or decline to provide a quotation after expiry of the 30 days.

Unless agreed otherwise with the Client, all website design services require an advance payment of a minimum of twenty percent of the project quotation total before any work is undertaken. Payment of the balance due is required after completion of the web design/development work and prior to upload to the server or release of materials to the client and/or their assignees.

Payment for services is due by bank transfer or cash. Bank details will be made available on invoices.

3. Client Review

Codex8 Web Design will provide the Client with an opportunity to review the appearance and content of the website during the design phase and once the overall website development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies Codex8 Web Design otherwise within ten (10) days of the date the materials are made available to the Client.

4. Turnaround Time and Content Control

Codex8 Web Design will install and publicly post or supply the Client’s website by the date specified in the project proposal, or at a date agreed with Client upon Codex8 Web Design receiving full payment. In return, the Client agrees to delegate a single individual as a primary contact to aid Codex8 Web Design with progressing the commission in a satisfactory and expedient manner.

During the project, Codex8 Web Design will require the Client to provide website content; text, images, movies and sound files & any other content proposed for the website design.

5. Failure to provide required website content

For Codex8 Web Design to remain efficient we must ensure that work we have programmed is carried out at the scheduled time. On occasion we may have to reject offers for other work and enquiries to ensure that your work is completed at the time arranged.

This is why we ask that you provide all the required information in advance. On any occasion where progress cannot be made with your website because we have not been given the required information in the agreed timeframe, and we are delayed as a result, we reserve the right to impose a surcharge of up to 25%. If your project involves Search Engine Optimisation we require the text content for your site in advance so that the SEO can be planned and completed efficiently.

If the client agrees to provide us with the required information and subsequently fail to do so within one week of project commencement, we reserve the right to close the project and the balance remaining becomes payable immediately. Simply put, the client should not give the go ahead to start until they are ready to do so.

NOTE: Text content should be delivered as a Microsoft Word, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on the proposed website. These pages should have the same titles as the agreed website pages.

Using the content management system the client has the facility to keep their website content up to date themselves.

6. Payment

Invoices will be provided by Codex8 Web Design upon completion but before publishing the live website. Invoices are normally sent via email in PDF format; however, the Client may choose to receive hard copy invoices. Invoices are due upon receipt. Accounts that remain unpaid seven days after the date of the invoice will be assessed and may incur a service charge in the amount of the higher of one and one-half percent (1.5%) of the total amount due or €50 per month .

7. Additional Expenses

The Client agrees to reimburse Codex8 Web Design for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography etc. These additional expenses will not be incurred without written consent for the client.

8. Web Browsers

Codex8 Web Design makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Internet Explorer, Google Chrome, etc.). The Client agrees that Codex8 Web Design cannot guarantee correct functionality with all browser software across different operating systems. Codex8 Web Design cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website completion and publication. As such, Codex8 Web Design reserves the right to quote for further design or coding to enable functionality with updated browser software.

9. Default

Accounts unpaid seven (7) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on Codex8 Web Design’s web space, Codex8 Web Design will, at its discretion, remove all such material from its web space. Codex8 Web Design is not responsible for any consequential losses or loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account. Clients with accounts in default agree to pay Codex8 Web Design reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Codex8 Web Design in enforcing these Terms and Conditions.

10. Termination

Termination of services by the Client must be requested in a written notice and will be effective on receipt 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 days.

11. Indemnity

All Codex8 Web Design services may be used for lawful purposes only. The client agrees to indemnify and hold Codex8 Web Design harmless from any claims resulting from their use of our service that damages the client or any other party.

12. Copyright

The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Codex8 Web Design the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting Codex8 Web Design permission and rights for use of the same and agrees to indemnify and hold harmless Codex8 Web Design from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the Client to Codex8 Web Design that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.

13. Standard Media Delivery

Unless otherwise specified in the project quotation, these terms assume that any text will be provided by the Client in electronic format (ASCII text files delivered on USB stick or via e-mail or FTP) and that all photographs and other graphics will be provided physically in high quality print suitable for scanning or electronically in .gif, .jpeg, .png or .tiff format. Although every reasonable attempt shall be made by Codex8 Web Design to return to the Client any images or printed material provided for use in creation of the Client’s website, such return cannot be guaranteed.

14. Design Credit

No design credit is required on the Client’s website, usually a link is added to either small type or by a small graphic at the bottom of the Client’s website which links back to the web designer’s website. Codex8 Web Design believes that if a Client pays for a website it should be designed solely for the Client without any advertising appendices. The Client however agrees that the website developed for the Client may be presented in Codex8 Web Design portfolio of work & other advertising avenues.

15. Access Requirements

If the Client’s website is to be installed on a third-party server, Codex8 Web Design must be granted temporary read/write access to the Client’s storage directories which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.

16. Post-Placement Alterations

Codex8 Web Design cannot accept responsibility for any alterations caused by a third party occurring to the Client’s pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.

17. Domain Names

Codex8 Web Design may purchase domain names on behalf of the Client. Payment and renewal of all 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 Codex8 Web Design. The Client should keep a record of the due dates for payment to ensure that payment is made in good time.

18. General

These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s signature below or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.

19. Governing Law

This Agreement shall be governed by Irish Law.

20. Liability

Codex8 Web Design hereby excludes itself, its Employees and or Agents and assignees 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 website;
  • Loss or damage to clients’ artwork/photos, supplied for the site, immaterial as to whether the loss or damage results from negligence or otherwise.

The entire liability of Codex8 Web Design 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.

21. Severability

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 provisions.

Changes to these Terms and Conditions

Codex8 Web Design reserves the right to make changes to these Terms and Conditions.

Last modification was made 29/08/2018.