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Terms & Conditions Of Service

As a top web designing service provider, our services come with the following terms and conditions. Please endeavour to read through to ensure you understand our policies and follow them accordingly.
These Terms of Service (the “Terms”), in conjunction with our Privacy Policy, constitute the entire Agreement between webmedia.ie, its affiliates, subsidiaries, employees, licensees, distributors, successors, resellers and assigns (hereinafter referred to as “wemedia.ie”, “WEB MEDIA”, “we” “our” or “ours”) and you (hereinafter referred to as “You”, “the User”, or “Your/s”), collectively referred to as “the Parties” and individually as “Party”. These Terms govern the access of our Website webmedia.ie (the “Site”), as well as our Services.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service. This Terms of Service is licensed by TermsFeed Generator to WEB MEDIA.

PRIVACY AND COMMUNICATIONS

By accepting these terms and therewith our Privacy Policy, you acknowledge and agree that webmedia.ie may send you E-mails related to your account and/or the Service you chose to use.
Some features of the system of webmedia.ie enable you to connect with a third party. Any such connection may include the transfer of personal data from webmedia.ie to the third party. Whenever such connection is created, and data will be transferred to a third party, we will inform you prior to that. A data transfer will occur only after you consent your approval of such and will follow the rules and regulations of our data Privacy Policy. After approval, data will be transferred regularly to the third party, following the data protection rules set out for the transfer of data to third parties explained in our Privacy Policy under international data transfer.

LINKS TO THIRD-PARTY WEBSITES

Our Service may contain links to third-party web sites or services that are neither owned nor controlled by WEB MEDIA. WEB MEDIA has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that WEB MEDIA shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

ACCEPTANCE

Once a client accepts a quote from us, it can be considered as an acceptance of our terms and conditions in application to the task in question. Using our service in any form or manner means our terms and services have been accepted.

CHARGES/ FEES

Our fees and charges are included in a quotation a client receives through email and have a validity period of 30 days. We reserve the right to change or cancel a quotation after this grace period elapses.
Our web design services attract a minimum of 50% deposit of the amount in the quotation unless there is an alternate agreement had with the client from the inception of the project. The remaining 50% is paid after completion of the web design and development job and before the project goes live. These services can be paid for through PayPal or bank wire.

We recognize that personal data may be transferred to our payment providers for the purpose of the payment transaction/ remuneration/ charging of fees and other monetary related services. Please find our Privacy Policy for detailed information on collecting and storing of personal data for payment purposes.

CLIENT REVIEW

During the design and development stage of the website, clients will enjoy an opportunity to review the appearance and content of the website, this will occur only one time for the whole process of development, for any changes to the project after that we will charge extra according to our hourly rate of €35. The client also has the right to notify us for revisions or corrections of the project within a period of 10 days, after this period the project will considered accepted and approved.

TIME OF DELIVERY/ CONTENT CONTROL

We will deliver the client’s completed website within the specified time of delivery without any delays or at a later date, mutually agreed upon by the client and us once we receive initial payment for the project.
We will need the client to provide us with website content like images, logos, text, sounds and video files necessary for the web design and development.
As a small business establishment, our strength lies in our ability to delegate and handle our business in a timely manner with little room for hitches. Therefore, it is to our mutual benefit that we require you to provide us with the content needed to develop your website accordingly.
In an event you fail to provide us with the required content on time, we reserve the right to impose a penalty charge of 25%. If you agree to provide us the necessary information but subsequently fail to come through, we have the right to close the deal and the remaining balance has to be paid off immediately.
We would appreciate if your text content is delivered in either an email format or MS word with the information within correctly arranged and formatted.

PAYMENT

Clients will get invoices for their payments after completion of the website project before it goes live. Invoices are sent to clients either via email or hard copy format depending on client preference.
A service fee of 1.5% or €50 a month (whichever is greater) will be charged on accounts that stay 7 days after the date of the invoice without completing payment.

We recognize that personal data may be transferred to our payment providers for the purpose of the payment transaction. Please find our Privacy Policies for detailed information on collecting and storing of personal data for payment purposes.

WEB BROWSERS

Our websites are designed to be responsive across all web browsers and platforms. This means they can be easily viewed from any browser a viewer happens to have. We will ensure that this functionality comes with the web design package and there is no guarantee that this is certain.
We will not be responsible for web pages that can’t display clearly in new updates of browsers after client has already received his delivery. We can only revisit the job done once client accepts our quote to do so at our convenience.

DEFAULT

On occasion of default of payment 7 days after the date on the invoice, the client’s account would be considered as having defaulted. Any information or files from the customer contained on our web space shall be erased at our discretion.
We won’t be held responsible for any data or file loss caused by this deletion and any outstanding payments are still due for payment by the client. Clients with accounts in default must agree to pay off all expenses – including legal fees, cost of collection by 3rd parties and other expenses incurred by us in serving these terms and conditions.

TERMINATION OF SERVICES

Clients who wish to terminate their services must inform us in form of a written notice effective on acknowledgement of such notice. Any other form of communication will not be accepted until made in writing – this includes email and phone call notices. The client will receive an invoice for work completed to the first request for cancellation in payment within 7 days.

INDEMNITY

Our completed projects can only be used for legally accepted purposes and you must agree to indemnify and hold us free of any issues resulting from your use or misuse of our services that results to damages to either you or a third party.

COPYRIGHT/ INTELLECTUAL PROPERTY RIGHTS AND CONTENT

Copyright to data, files, graphic logos and other content remains the exclusive privilege of the client who can choose to give us permission to publish and use these resources. Any information copyrighted by a third party requires that our client must obtain rights and permission from this third party before application.
The client would be responsible for granting us the permission to make use of the same resources and offer us indemnity against any damages that might come from the client’s misuse, negligence, or abuse of copyright permissions.
A signed contract for web design will be accepted as guarantee by the client to us that all necessary rights and permissions have been gotten. We may also request for proof of these permissions as we deem fit.

All content on webedia.ie, including, without limitation, the text, scripts, graphics, photos, sounds, music, videos, interactive features and the like (the “Content”) and the trademarks, service marks and logos contained therein (the “Marks”), are owned by or licensed to webmedia.ie, and are subject to copyright and other intellectual property rights under the laws of the Republic of Ireland and other foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and non-commercial use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever other than as authorized herein without the prior written consent of the respective owners. Webmedia.ie reserves all rights not expressly granted in and to the website and the content. You agree not to engage in the use, copying, or distribution of any of the content other than as expressly permitted herein. If you download or print a copy of the content for non-commercial use, you must retain all copyright and other proprietary notices contained therein. You acknowledge that you do not acquire any ownership rights by downloading or printing copyrighted content. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the content therein.

DESIGN AND LAYOUT CREDIT

The client’s website footer will bear a link to our website. This link will aid in marking and promoting our services as the designer of the client’s website. It will also be created in such a way it fits the overall outlook of the website.

For complete removal of this design credit, a fee of 20% will be charged from the total development fee and if the fee is less than €10000, then we would charge a fee of €500.
However, the client must allow us the right to feature the website as part of jobs done in our projects portfolio.

REQUIREMENTS FOR ACCESS

If there is need to install the client’s website on a 3rd party server, we must be given temporal access to the clients storage directory which is usually accessible through FTP.

RESTRICTION ON USE

You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses our website in a manner that sends more request messages to the servers of webmedia.ie in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, webmedia.ie grants the operators of public search engines permission to use spiders to copy materials from our website for the sole purpose of creating publicly available searchable indices of the materials. WEB MEDIA reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information from the website, nor to use the communication systems provided by the website for any commercial solicitation purposes. You agree not to solicit any users of the website for any commercial purposes.

DOMAIN NAMES

We can buy domain names on behalf of the client, but payment and subsequent renewals will be borne by the client. Any loss or issues on the domain name caused by any form of default or negligence by the client won’t our responsibility.

GENERAL

Kindly note that these terms and conditions hold pre-eminence over any other understandings or negotiations held elsewhere. The client’s signature or advance fee payment including online payment constitutes acceptance of our terms and conditions and is irrevocable.

RELEVANT LAWS

These terms, conditions and agreements are governed by the Irish law.

LIABILITY

We hereby absolve ourselves, employees and/or agents from any liability from the following:

  • Loss or damage caused by negligence
  • Loss or damage caused by a breach in agreement
  • Loss or damage cause by errors or omissions
  • Loss or damage to the client’s files and data given for the project irrespective of the cause of such accident.

We can only bear any liability with respect to any claim made in breach of agreement and it shall be limited to the charges paid for services under which the agreement was made.

With respect to the liability for the protection of your privacy and therewith your personal data, please find our Privacy Policy.

SEVERABILITY

If any provision of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. These Terms and Conditions of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by webmedia.ie without restriction.

POST-PLACEMENT ALTERATIONS

We will not take responsibility for any changes or alterations made by a 3rd party on a client’s website once we have completed installations. These changes may include deletions, additions and any form of modifications.

APPENDIX

PAYOUT RATES

The commission margin for App-Providers (authors of the App) is 55% (fifty-five percent), whereas the commission margin for resellers is 20% (twenty percent).
1. If seller deactivates his account apps and their contents might stop working. We currently do not host sellers content and therefore cannot we cannot guarantee accessibility to apps.
2. We cannot guarantee time duration of seller’s apps working fine.

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