Terms & Conditions | Service Level Agreement

1. Acceptance

If a Client accepts a Web Theoria quote by sending an acceptance email message to Web Theoria (@webtheoria.com), then the Client will be deemed to have satisfied themselves as to the terms provided within the provided Proposal / Agreement document and have accepted these terms and conditions in full. The Client is obligated to study those 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’s quoted 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 sole 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 within the provided Proposal / Agreement document, 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 content to Web Theoria within the agreed time frame, 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 2 working 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 (optionally) and online content, will be that of Web Theoria where appropriately agreed. If for any reason, the Client wishes to terminate the hosting agreement, 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 developed to be viewed by most visitors. Websites are developed to work with the most popular current browsers (e.g. Firefox, Internet Explorer, Safari, Google Chrome, Edge, Opera, etc.). The Client agrees that Web Theoria cannot guarantee correct functionality with all browser software across different operating systems, display sizes and device types. Web Theoria cannot accept responsibility for web pages that do not display acceptably in new versions of browsers / devices released after the website had been designed, developed and released online. 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, with the time consumed towards restoration work chargeable at Web Theoria’s hourly rate.

11. Work Credit

The Client agrees to grant Web Theoria with the right to feature the Client’s logo, and any other visuals regarding the work that Web Theoria completed for the Client as well as details regarding the process followed during the project’s development within its website, literary or advertising material for marketing purposes. Furthermore, the Client agrees to grant Web Theoria with the right to feature a watermark within the website created for the Client, usually within its footer, informing the website’s visitors that the website was created by Web Theoria as well as providing them with a link to Web Theoria’s website.

12. Changes

Either party may modify or replace these Terms upon providing 90 days’ notice to the other party in writing and the revision will commence once both parties are in agreement regarding the updated terms, conditions and pricing involved.

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 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 proposed work contained within the provided Proposal / Agreement document(s), constitutes the sole agreement between Web Theoria and the Client regarding the given project / service provision. Any additional work not specified within the Proposal(s) / Agreement(s) made between the Client and Web Theoria must be authorized by a written change order (hard copy or email) in accordance with section 12 of the Terms.

16. No Refund Policy

The Client will not receive a refund if they decide to stop working with Web Theoria after having accepted the provided Proposal / Agreement, provided down payment and work has commenced.

17. Copyright

The Client retains the copyrights to data, files and graphic logos provided to, or created by Web Theoria on their 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. Development Copyright Ownership

Customized WordPress designs, features, plugins, solutions and technologies developed and implemented to accommodate unique and specific Client requirements not offered by widely available standard, ‘open-source’ solutions, templates and plugins, remain the intellectual property of Web Theoria.

19. Liability

Web Theoria excludes itself, its Employees and / or Agents from all and any liability from:

  • Loss or damage caused by any inaccuracy or 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 Web Theoria’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 the Clients’ text / artwork / photos / videos / data, supplied for the site;
  • Loss or damage caused / claimed due to 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 the provided Proposal / Agreement in respect of which the breach has arisen.

20. Cancellation of Contract / Services

Either party may terminate cooperation if there is a breach to any of the agreements made 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 either party wishes to exit any agreement, they may do so after the end of the pre-agreed period and after having given a 30-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.

21. 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. If instructed to do so by the Client, Web Theoria may upload a generic Privacy Policy within the Client’s website. Such a Privacy Policy covers only the basic requirements. Web Theoria cannot guarantee that in a case of legal action due to any form of privacy breach, the Client is in any way covered. Web Theoria cannot be held liable in any way. The Client should do their own diligence and seek legal advice from their own legal team in order to be better protected and legally covered.

22. Confidentiality

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

23. WebHotelier Integration

Websites integrated with WebHotelier’s API, greatly depend on the continuation of WebHotelier’s functionality at the time of development to be able to accommodate and sustain many of the custom requirements usually set forth by the Client. WebHotelier, which is a third party out of Web Theoria’s control, develops and maintains their API and general functionality. From time to time, some of the functionalities made possible by WebHotelier’s systems, might become unresponsive or might stop working all together due to changes / advancements made by WebHotelier and thus, further work might be required on Web Theoria’s part 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 towards maintenance work in order for the website’s original / new functionality to be restored / added. Web Theoria will work closely with the Client and WebHotelier to restore / update the Client’s website in the most efficient manner possible.

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