Terms and Conditions

The following terms and conditions apply to all website development / design / management services provided by Webworx (we, us, our) to the Client (you, your).

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. Services

Hosting

Webworx will host the site through a third-party company and all dealings with the third party will be directly with Webworx, as the owner of the site.

Design

Any design that is needed specifically for the site is included within package prices. This is at our discretion and only available if it will benefit the site and its use / purpose. 

After a period of 12 months, you have the option if requested, to have the site updated/redesigned in keeping with the latest technology trends.

Management

Webworx provides a full management service to ensure the smooth running and functionality of the site. We will analyse data to ensure high quality website performance and perform any edits to the site where we feel it will boost or increase the performance of the site.

We will update your site as requested. It is your responsibility to provide direct instruction, detailing relevant content and or images to enable us to make the update.

Management premium package

In addition to the services listed above, we will manage your social media accounts (this includes Instagram, Facebook, Google) by providing and adding content we feel will benefit your brand or service on a weekly basis. It is your responsibility to add us to your social media accounts and answer any messages or content engagement.

3. Charges 

Charges for services to be provided by Webworx are defined in the project quotation that the Client receives via e-mail and/or in writing. Quotations are valid for a period of 60 days. Webworx reserves the right to alter or decline to provide a quotation after the expiry of the 60 days.

Unless agreed otherwise with the Client, all website design/management services require a payment of the 1st monthly charge of the project quotation total before work commences. Payments can be made via debit/credit card and subsequent monthly payments will be deducted on the same date each month.

4. Client Review

Webworx 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 Webworx otherwise within ten (10) days of the date the materials are made available to the Client.

5. Turnaround Time and Content Control

Webworx will design the Client’s website by the date specified in the project proposal, or at date agreed with Client upon Webworx receiving initial payment, unless a delay is specifically requested by the Client and agreed by Webworx.

In return, the Client agrees to delegate a single individual as a primary contact to aid Webworx with progressing the commission in a satisfactory and expedient manner.

During the project, Webworx may require the Client to provide website content; text, images, movies and sound files etc. to populate the website in a timely fashion.

6. Website Ownership

All websites are owned by Webworx, whilst being hosted, ownership can transfer to the Client after, either 12 monthly payments have been received, or the equivalent lump sum is paid. In the event of an early transfer request an additional €300.00 + IVA will be charged to cover our additional expenses.

Once transfer has taken place Webworx will no longer be liable for any damage to the site, data loss or loss of functionality. The site is no longer the responsibility of Webworx.

Webworx reserves the right to refuse to transfer the website to the Client, if we suspect any illegal or unlawful trading. 

7. Payment

Invoices will be provided by Webworx on a monthly basis. Payment will be automatically deducted from your payment source, via our third party merchant service on the date due. It is your responsibility to ensure appropriate funds are available. Accounts that remain unpaid thirty (30) days after the date of the invoice will be assessed a service charge in the amount of the higher of twenty percent (20%) or €40.00 per month of the total amount due, whichever is greater.

8. Additional Expenses

Client agrees to reimburse Webworx for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography, plugins etc. This payment will be required prior to the purchase of the additional required materials.

9. Web Browsers

Webworx 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, Microsoft Edge, Google Chrome, etc.). The client agrees that Webworx cannot guarantee correct functionality with all browser software across different operating systems.

10. Default

Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on Webworx’ Web space, Webworx will, at its discretion, remove all such material from its web space. Webworx is not responsible for any 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 Webworx reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Webworx in enforcing these Terms and Conditions.

11. Termination

Termination of services by the Client must be requested by giving 30 days written notice or email and will be effective on receipt of such notice. Under no circumstances will Webworx provide a refund of any monies already paid by you upon termination. Webworks are not obliged to transfer the website over to you unless 12 monthly payments, or the equivalent lump sum has been received. Please note termination after the monthly payment due date will incur the current monthly charges.

12. Indemnity

All Webworx services may be used for lawful purposes only. You agree to indemnify and hold Webworx harmless from any claims resulting from your use of our service that damages you or any other party.

13. Copyright

The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Webworx 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 Webworx permission and rights for use of the same and agrees to indemnify and hold harmless Webworx 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 Webworx that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.

14. Standard Media Delivery

Unless otherwise specified in the project quotation, this agreement assumes that any text will be provided by the Client in electronic format (text files delivered on USB drive or via e-mail or FTP) and that all photographs and other graphics will be provided in .gif, .jpeg, .png or .tiff format. Although every reasonable attempt shall be made by Webworx 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.

15. Design Credit

A link to Webworx will appear in either small type or by a small graphic at the bottom of the Client’s website. If a graphic is used, it will be designed to fit in with the overall site design. The Client also agrees that the website developed for the Client may be presented in Webworx portfolio.

16. Post-Placement Alterations

Webworx 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

Webworx can purchase domain names upon request by the Client. These domain names are owned by Webworx whilst the account is being hosted by them. 

18. General

These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s acceptance via email, text 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 Spanish Law.

20. Liability

Webworx hereby excludes itself, its Employees and or Agents 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 web site;

Loss or damage to clients’ artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.

The entire liability of Webworx 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 clause.