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Terms & Conditions
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DEFINITIONS |
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1.0 |
"Webandaluz' is herein after referred to as the "service provider". |
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1.1 |
The "Client" is a person, persons, business or organisation using any of the services provided by service provider. |
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1.2 |
"Domain" is the website address as specified by the Client. |
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1.3 |
"Content" is both text and images that the Client requires on the website. |
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COMMUNICATION |
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2.0 |
It is the Client's responsibility to inform the service provider of any change in email address so that service provider may maintain and update clients' contact details. |
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2.1 |
The service provider can not be held liable in any way relating to communication issues if service provider is not supplied with current contact details of the client. |
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PAYMENT |
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3.0 |
Quotations agreed between the client and the service provider are considered by both parties to be a contract. |
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3.1 |
Contracts with a total price of more than 600 €, excluding Website Maintenance, will be charged by the service provider, at 50% of the total agreed amount and paid by the client prior to the commencement of any work, this amount is the "deposit". The balance, i.e. the remaining 50%, of the contract is to be paid, by the client, upon completion of work and prior to the launch of the website. |
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3.2 |
Contracts with a total price of 600 € or less, excluding Website Maintenance, will be charged, by the service provider, at 90% of the total agreed amount and paid by the client prior to the commencement of any work, this amount is the "deposit". The balance, i.e. the remaining 10%, of the contract is to be paid, by the client, upon completion of work and prior to the launch of the website. |
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3.3 |
The deposit is non refundable. |
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3.4 |
Notice relating to the renewal of contracts in respect of website domains and the accommodation of the client's website will be issued four weeks prior to the renewal date. Payment relating to the renewal of website domains and the accommodation of the website must be made by the client and received by the service provider prior to the renewal date. |
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3.5 |
All prices are subject to IVA for which the client shall be liable, the rate of IVA will be charged at the applicable rate. |
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DESIGN PROCESS |
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4.0 |
The client is responsible for ensuring that the service provider receives all of the relevant content in electronic format. |
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4.1 |
The client is responsible for the quality, accuracy, of the content including the spelling and grammar of all text. |
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4.2 |
Should the client provide content to the service provider in any other format, the client will be charged an agreed amount for the conversion of such content to electronic format. |
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4.3 |
The client is responsible for ensuring the accuracy of the content supplied to the service provider. |
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4.4 |
The service provider accepts no responsibility nor liability for any loss and/or damage, however caused, to the content supplied by the client. |
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4.5 |
In supplying content to the service provider, the client guarantees that the use of the content does not infringe the intellectual property rights of the owner and/or of any other third party rights; and in having supplied the service provider with the content the client will be liable for any claim relating to the infringement of intellectual property rights of the owner and/or any other third party rights. |
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4.6 |
If the service provider is unable, due to the lack of and/or poor quality and/or unsuitability of the content supplied by the Client, to complete the contract, the contract will be void and the service provider is entitled to payment. |
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4.7 |
If the service provider is unable, due to the lack of and/or poor quality and/or unsuitability of the content supplied by the Client, to complete the contract, the contract will be void and the service provider is entitled to payment. |
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4.8 |
The service provider will endeavour to meet the given deadline, but does not guarantee and is not bound in any way to complete the work by the date of the deadline. |
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4.9 |
The service provider does not guarantee any specific listing placement or ranking in search engine listings. |
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WEBSITE HOSTING |
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5.0 |
Website Hosting' is a yearly cost to keep a clients website activated online. |
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5.1 |
If required and/or requested by the client, the service provider will procure the website hosting of the client's website. |
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5.2 |
The client is required to make full payment of Website Hosting charges prior to the website be available on the internet. |
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5.3 |
In procuring the Website Hosting of the Client's website, the service provider is not responsible for the technical failure or unavailability of the client's website. |
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5.4 |
Should the Client wish to move or transfer a Hosted Website, a 50 € administration charge will be levied, which must be paid prior to the transfer. |
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5.5 |
The service provider is not responsible for any factors and/or influences either direct or indirect which adversely affect the Client's business operation, sales, or profitability which might be claimed is a result of a service offered by service provider. |
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5.6 |
If the Client does not use the Website Hosting services procured by the service provider, then the management and Website Hosting of the website is the full responsibility of the Client. |
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WEBSITE MAINTENANCE |
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6.0 |
The maintenance or updating of a client's website must be requested in writing. |
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6.1 |
Website maintenance refers to updating of the client's website in line with the client's reasonable requests. |
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6.2 |
All maintenance will be charged at an hourly rate of 30 € per hour. |
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6.3 |
The client may request a quotation in respect of the desired maintenance, in such circumstances the maintenance will not be undertaken by service provider without the prior written consent of the client. |
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6.4 |
The service provider will endeavour to complete the requested maintenance within 10 working days of the request and full payment being received. |
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6.5 |
Upon completion of the requested maintenance the client will be advised in writing that the requested maintenance has been completed. |
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6.6 |
It is the responsibility of the client to verify that the requested website maintenance has been undertaken. |
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THE LAW |
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7.0 |
Spanish law governs the Terms and Conditions as form part of the Contract and all matters arising out there from. |
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7.1 |
Any dispute, claim or other matter, arising out of, or in connection with the Contract will only be considered and determined by the Courts of Spain. |
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