Terms & Conditions | Service Level Agreement

1. Acceptance

If a Client accepts to proceed with a proposal provided by Web Theoria, then the Client will be deemed to have satisfied themselves as to the terms provided herein and have accepted these terms and conditions in full. The Client is obligated to study these terms and conditions carefully. Any purchase or use of Web Theoria’s services implies that the Client has read, understood and accepted Web Theoria’s terms and conditions.

2. Payment

Unless agreed otherwise with the Client, all website design services require a down payment of a minimum of 40% (forty percent) of the project quotation’s total before the work is supplied to the Client for review. If the Client fails to process a payment on time, then the project will be put on hold or canceled. It is in Web Theoria’s whole discretion to decide whether and when to resume work on the project once the late payment is processed. 
Furthermore, agreed annual charges concerning Hosting, Maintenance, SSL Certificates, CMS & Plug-in Updates, Email Services, Marketing Services and / or any other additional services agreed with the Client not mentioned herein, are to be paid at the beginning of each calendar year.

3. Payment Schedule

For any new project: 
40% deposit will be required prior to the commencement of the project 30% will be required during the course of the project 30% will be required upon sign-off and prior to the launch of the website For Annual Services: 
Full amount payable within the first calendar month of the year. Provided prices are always displayed in Euros (VAT not included). Estimates / Proposals provided are valid for 30 days from issue date.

4. Additional Expenses

The Client agrees to reimburse Web Theoria for any additional expenses necessary for the completion of the work. Examples would be the purchase of special fonts, stock photography, etc. Web Theoria will always notify and seek to receive approval from the Client before proceeding with such purchases / additional expenses.

5. Website Content

The content of the website must be provided by the Client. During the project, Web Theoria will require the Client to provide and grant the rights to publish website content, text, images, video and sound files. It is the Client’s responsibility to make sure that the content provided is not illegal or unlawful and that it does not infringe any legal rights. If content provided belongs to a third party, the Client must obtain permission and rights to use such content. The Client remains at all times, the rightful owner of their website’s main content (logos, text, photo, video & audio files). Web Theoria has no responsibility or liability over any content published in the client’s website. Furthermore, on any occasion where progress cannot be made with the Client’s website because the client has not delivered or delayed to deliver the required information / data to Web Theoria within the agreed period, Web Theoria reserves the right to postpone the delivery date. The same applies for content and content updates related to existing websites provided to Web Theoria for population within the Client’s website.

6. Client Review

Web Theoria will provide the Client with an opportunity to review the appearance and content of the website during the design phase as well as 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 otherwise within 7 days of the date the materials are made available to the Client. Any further changes requested / made from that point on will be charged at an hourly rate of €40. The Client is equally responsible once their website is up and running to monitor its content, layout and functionality, including any contact forms featured, and report any issues found to Web Theoria as soon as possible.

7. Hosting Services

The Client agrees that the hosting services for their website, emails and online content, will be that of Web Theoria where appropriately agreed. If for any reason, the Client wishes to terminate the hosting agreement herein, they must do so in writing providing at least a month’s notice. Web Theoria offers its clients with hosting services. If an advanced dedicated solution is required over and above what’s offered by Web Theoria, the Client must mention this prior to signing any new contract or renewing any services with Web Theoria.

8. Domain Names

Web Theoria may purchase domain names on behalf of the Client. Payment and renewal of these domain names is the responsibility of the Client. The loss, cancellation or otherwise of the domain brought about by none or late payment is not the responsibility of Web Theoria. The Client should keep a record of the due dates for payment to ensure that payment is submitted in good time.

9. Web Browsers & Devices

Web Theoria makes every effort to ensure websites are designed to be viewed by most visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Internet Explorer, Google Chrome, Edge, etc.). The Client agrees that Web Theoria cannot guarantee correct functionality with all browser software across different operating systems and different display sizes and types. Web Theoria cannot accept responsibility for web pages which do not display acceptably in new versions of browsers / devices released after the website has been designed and handed over to the Client. As such, Web Theoria reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software and / or new devices.

10. Security & Backups

Web Theoria does its utmost to ensure that the Client’s website is relatively secure, by keeping backups where applicable and taking updated backups prior to starting any upgrades/updates. However, Web Theoria is not responsible for any data loss or for the general security and availability of the Clients’ sites. Web Theoria will work with the Client and the hosting provider to restore a site if this becomes necessary, but the cost of doing so rests with the client.

11. Work Credit

A link to Web Theoria’s website 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 design of the Client’s website. If a client requests that the design credit be removed, additional charges will apply. The Client also agrees that the website developed for the Client may be presented in Web Theoria’s portfolio.

12. Changes

Web Theoria reserves the right, at its sole discretion, to modify or replace these Terms at any time. If a revision is materialized, Web Theoria will try to provide at least 90 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Web Theoria’s sole discretion.

13. Plugins

Websites running on WordPress Content Management System greatly depend on Plugins to be able to accommodate some of the custom requirements usually set forth by the Client. Web Theoria selects these Plugins based on availability and the Client’s budget at the time of development. Third parties, out of Web Theoria’s control, develop and maintain these Plugins. From time to time, some of these Plugins might become outdated / unsupported and thus need replacement in order for the Client’s website to remain current, functional and secure. Web Theoria excludes itself, its Employees and / or Agents from all and any liability from losses that may result due to this. Furthermore, the client will be responsible to cover the costs involved to replace the failing Plugin(s) and restore the website. Web Theoria will work closely with the Client to replace the failing Plugin(s) and restore the Client’s website in the most efficient manner possible.

14. Working Hours/Support

Hosting, maintenance, content and security related support provided weekdays from 09:00 to 13:00 and 13:30 to 17:30. Request for support must be made via Email or Phone. Web Theoria will handle all requests as soon as possible, based on its workload and prior commitments. Requests made, not covered by any agreement between the Client and Web Theoria, will incur additional charges at an hourly rate, as per the hourly rate disclosed by Web Theoria to the Client. For extraordinary support out of the aforementioned hours, please call at 99 544 552 or email to support@webtheoria.com. The hourly rate for this is €75.

15. Sole Agreement

The terms contained herein, constitute the sole agreement between Web Theoria and the Client regarding this project / service provision. Any additional work not specified within the contracts and agreements signed between the client and Web Theoria must be authorized by a written change order (hard copy or email).

16. No Refund Policy

The Client will not receive a refund if they decide to stop working with Web Theoria after having accepted this quote, provided down payment and work commenced.

17. Copyright

The Client retains the copyright to data, files and graphic logos provided by the Client, or created by Web Theoria on his behalf and grants Web Theoria 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 Web Theoria permission and rights for use of the same and agrees to indemnify and hold Web Theoria harmless from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions.

18. Liability

Web Theoria 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 the hosting provider;
  • Loss or damage caused by natural disasters, act of war, terrorism and or any situations that may arise out of the Service Provider’s control;
  • Loss or damage caused by Cyber-attack;
  • 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’ text/artwork/photos/videos/data, supplied for the site;
  • Loss or damage caused / claimed by server down time, server failure, network issues or outage.

The entire liability of Web Theoria to the Client arising out of reasons other than the ones listed above, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.

19. Cancellation of Contract/Services

Either party may terminate cooperation if there is a breach to any of the agreements signed between the two parties, provided that the innocent party gives a 20-day notice to the party in breach and the latter does not remedy the breach within the 20-day notice period. If the Client wishes to exit any agreement, they may do so after the end of the pre-agreed period and after having given a 90-day notice. It is understood that upon such notice both parties will be released from any further performance and the agreement upon which the difference arose, will be terminated on the agreed termination date without any further claim from either side.

20. Data Protection

Both the Client as well as Web Theoria agree to comply with the General Data Protection Regulation (EU) 2016/679 as well as any of its subsequent amendments. Furthermore, both parties agree to process and ensure the protection of such data under this legislation and/or any other relevant enforceable legislation.

21. Confidentiality

The Client agrees, at all times, either during their cooperation period with Web Theoria or during any other period before or after that, to never disclose to any person or entity, any confidential information related to Web Theoria’s business, affairs, operations or clientele, without prior written consent from Web Theoria. Furthermore, the client agrees to take reasonable precautions so that such information will not be made available to third parties. Such information may include but not limited to, accounting documentation, agreements, policies, pricing, marketing strategies, statistics, etc.

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