Terms & Conditions

Summary:

We’ll always do our best to fulfil your needs and meet your expectations, but it’s important to have things written down so that we both know what’s what, who should do what and when, and what will happen if something goes wrong. In this contract you won’t find any complicated legal terms or long passages of unreadable text. We’ve no desire to trick you into signing something that you might later regret. What we do want is what’s best for both parties, now and in the future.

What do both parties agree to?

You: You have the authority to enter into this contract on behalf of yourself, your company or your organisation. You’ll give us the assets and information we tell you we need to complete the project. You’ll do this when we ask and provide it in the formats we ask for. You’ll review our work, provide feedback and approval in a timely manner too. Deadlines work two ways, so you’ll also be bound by dates we set together. You also agree to stick to the payment schedule set out at the end of this contract.

Us: We have the experience and ability to do everything we’ve agreed with you and we’ll do it all in a professional and timely manner. We’ll endeavour to meet every deadline that’s set and on top of that we’ll maintain the confidentiality of everything you give us.

Website Design

We create designs that adapt to the capabilities of many devices and screen sizes. We create them using WordPress.

You’ll have plenty of opportunities to review our work and provide feedback. We’ll share a development site with you and we’ll have regular contact by either phone, email or private message.

If—at any stage—you change your mind about what you want delivered or aren’t happy with the direction our work is taking, you’ll pay us in full for the time we’ve spent working until that point and may terminate this contract.

Text content

We are not responsible for providing the text or images for your site. We will use placeholder text and royalty free images, which you can use if you like them. However, we also provide professional copywriting and editing services, so if you’d like us to create new content for you, we’ll provide a separate estimate.

Graphics and photographs

You should supply graphic files in an editable, vector digital format. You should supply photographs in a high resolution digital format. If you choose to buy stock photographs, we can suggest stock libraries.

Browser testing

We test our work in current versions of major desktop browsers including those made by Google (Chrome), Microsoft (Edge) and Mozilla Firefox. We won’t test in other older browsers unless we agreed separately.

Mobile browser testing

Testing using popular smaller screen devices is essential in ensuring that a person’s experience of a design is appropriate to the capabilities of the device they’re using. We test our designs in:

iOS: Safari and Google Chrome
Android: Google Chrome

Technical support

We can set up your site on your server of choice. Then the updates to and management of that server and your site will be up to you, unless you also purchase our hosting and/or maintenance package.

Search engine optimisation (SEO)

We don’t guarantee improvements to your website’s search engine ranking, but the pages that we develop include initial search engine optimisation.

Changes and revisions

We don’t want to limit your ability to change your mind and we’re happy to be flexible. If you want to change your mind or add anything new, that won’t be a problem.

WEBSITE HOSTING AND MAINTENANCE

What we provide:

  • Website hosting on a private, secure server, including email capability and SSL certificate.
  • Regular monitoring of your website to ensure impeccable performance across all major browsers.
  • Anti-virus and Hacking protection. We will make sure you have the defences you need to prevent hackers from gaining access to your site.
  • Ongoing SEO to improve site rankings, drive traffic, and increase awareness.
  • Regular and thorough backups of your site so that it may be fully restored in case of loss.
  • Consultation and advice. We’re not just experts in building websites, we are also experts in the web. We’re aware of what other sites are doing and what is possible.
  • Our websites are made possible because of functionality plugins. Plugins may need upgrading to accommodate the newer version, or become obsolete with the improvements in the website software. We will monitor your website functionality to ensure that everything is working as it should and upgrade or replace where necessary.
  • Minor updates to your website content. Changes should not exceed more than 50% of the content on any single site page.

Agreement:

During the duration of this contract, You agree that We will be the sole provider of maintenance services for the website, and no other party will have access to or rights to change the website. If a party other than Us makes changes to the web site, any errors that are created must be repaired and will be charged for at the hourly rate of €20.

Deadlines & Deliverables:

We will respond to all maintenance requests from You within 24 hours on weekdays and 48 HOURS on weekends, via email, phone or direct message, with a confirmation that the request was received, and an estimated completion date for each action item in the request.

We will adhere to all quoted deadlines for the deliverables in the maintenance requests at all possible costs. In the event that We have any issues in delivering on a quoted deadline, You will be notified via email or telephone the reason for any change.

Additional Services:

Any revisions, additions or redesign You request Us to perform that is not specified in this document shall be considered “additional” and will require a separate agreement and payment. We shall advise You on any requested work that falls within these bounds.

We’ll carry out our work in accordance with good industry practice and at the standard expected from a suitably qualified person with relevant experience. That said, we can’t guarantee that our work will be error-free and so we can’t be liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages.

Your liability to us will also be limited to the amount of fees payable under this contract and you won’t be liable to us or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages.

Finally, if any provision of this contract shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this contract and shall not affect the validity and enforceability of any remaining provisions.

Phew!

Intellectual property rights

Just to be clear, “Intellectual property rights” means all patents, rights to inventions, copyright (including rights in software) and related rights, trademarks, service marks, trade names, internet domain names, rights to goodwill or to sue for passing off, rights in designs, database rights, rights in confidential information (including know-how) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which subsist or shall subsist now or in the future in any part of the world.

First, you guarantee that all elements of text, images or other artwork you provide are either owned by yourselves, or that you’ve permission to use them. When you provide text, images or other artwork to us, you agree to protect us from any claim by a third party that we’re using their intellectual property.

We guarantee that all elements of the work we deliver to you are either owned by us or we’ve obtained permission to provide them to you. When we provide text, images or other artwork to you, we agree to protect you from any claim by a third party that you’re using their intellectual property. Provided you’ve paid for the work and that this contract hasn’t been terminated, we’ll assign all intellectual property rights to you as follows:

You’ll own the website we design for you plus the visual elements that we create for it. We’ll give you source files and finished files and you should keep them somewhere safe as we’re not required to keep a copy. You own all intellectual property rights of text, images, site specification and data you provided, unless someone else owns them.

We’ll own any intellectual property rights we’ve developed prior to, or developed separately from this project and not paid for by you. We’ll own the unique combination of these elements that constitutes a complete design and we’ll license its use to you, exclusively and in perpetuity for this project only, unless we agree otherwise.

Displaying our work

We love to show off our work, so we reserve the right to display all aspects of our creative work, including sketches, work-in-progress designs and the completed project on our portfolio and in articles on websites, in magazine articles and in books.

Payment schedule

We’re sure you understand how important it is that you pay the invoices that we send you promptly. As we’re also sure you’ll want to stay friends, you agree to stick tight to the following simple payment schedule.

Stage 1: 50% deposit before commencing work
Stage 2: 50% balance upon completion of work

We issue invoices electronically. Our payment terms are 7 days from the date of invoice by cash, BACS or the SWIFT international payments system. The appropriate bank account details will be printed on our electronic invoice. All invoices are issued in EUR and you agree to pay all charges associated with international transfers of funds.

Small print

Neither of us can transfer this contract to anyone else without the other’s permission.

We both agree that we’ll adhere to all relevant laws and regulations in relation to our activities under this contract and not cause the other to breach any relevant laws or regulations.

This contract stays in place and need not be renewed. If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts of it remain in place.

Although the language is simple, the intentions are serious and this contract is a legal document under exclusive jurisdiction of Spanish courts.

La Vida Marketing
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