By engaging with TEJ.ie in business the client therefore agrees to the following.
STANDARD TERMS & CONDITIONS
These are the standard terms and conditions for any TEJ services and apply to any contracts verbal, electronic or written and to all work undertaken by TEJ for its clients.
OUR FEES AND DEPOSITS
Special offer fees are subject to change and are not tied to the standard 50/50 rule that our company’s policies dictate.
A 50% deposit of the total fee payable under our proposal is due immediately upon the client instructing us to proceed with any works. The final 50% will be due upon completion of the work to the clients reasonable satisfaction but subject to the terms of the “approval of work” and “rejected work” clauses. We reserve the right not to begin any work until the full 50% deposit has been paid.
The 50% deposit is only refundable if we have not fulfilled our obligations to deliver the work required under the agreement. The deposit is not refundable if the development work has been started and the client terminates the contract through no fault of TEJ.
SUPPLY OF MATERIALS
The client must provide any materials and information required to complete the work in accordance with any agreed specification. These materials may include, but are not limited to, photographs, copy, logo files and other printed materials. Where there is any delay in supplying these materials to us which leads to a delay in the completion of work, we have the right to extend any previously agreed deadlines by a reasonable amount of time.
Where the client fails to supply materials, and that prevents the progress of work, we have the right to invoice the client for any part or parts of the work already completed.
We offer the client the opportunity for revisions to the designs created. However, we maintain the right to limit the number of design proposals to a reasonable amount and may charge for any additional designs if the client makes a change to the original design specification.
Our website development phase is quite flexible and allows for certain variations to the original specification. However, any major divergence from agreed specs will be billed at a rate of €100.00 per hour.
PROJECT DELAYS AND CLIENT LIABILITY
Any time frames or estimates that we give are contingent upon the clients’ full co-operation and complete and final content in photography for the work pages. During development there is a certain amount of feedback required in order to progress to subsequent phases. The client is required to provide a single point of contact who can be made available on a daily basis in order to expedite the feed back process.
APPROVAL OF WORK
The client will be notified upon completion of any work; at the client then has the opportunity to review the work. The client must notify us of any unsatisfactory points within 5 days of such notification. Any of the work that hasn’t been reported in writing as unsatisfactory within the review period will be considered to have been approved. Once approved, or deemed approved, work cannot subsequently be rejected and the contract will be deemed to have been completed and the 50% balance of the project price will become due.
We will invoice the client for the 50% balance of the project before any files are handed over or before site goes live.
WARRANTY BY THE CLIENT AS TO OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS
The client must obtain all necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names and trademarks, or any other material that the client supply to us to include in the client’s website or web applications.
The client must indemnify us against any claims or legal actions related to the content of the clients website.
Once the client has paid in full for our work we grant the client a license to use the website and its contents for the life of the website. The client will buy any professional 3rd party software that requires a licence; TEJ will supply the links to any relevant 3rd party software’s. Any use of 3rd party software might not be disclosed initially at the beginning of the project.
We provide no guarantee of any specific position in search engine results for the client’s website. We conduct fundamental search engine optimisation according to best practice.
We shall not be liable for any loss or damage, which the client may suffer which is in any way attributable to any delay in performance or completion of our contract, howsoever that delay arises.
To the full extent permitted by law, all terms, conditions, warranties, undertakings, inducements, or representations whether express, implied, statutory or otherwise (other than the express provisions of these terms and conditions) relating to any of the services we provide to the client are not included. Without limiting the above, to the extent permitted by law, any liability of TEJ under any term, condition, warranty or representation that by law cannot be excluded is, where permitted by law, limited at our option to the replacement, re-repair or re-supply of the services or the payment of the cost of the services that we were contracted to perform.
We reserve the right to use a subcontractor on any services or projects that we have agreed to perform for the client as we see fit.
We (and any subcontractors we engage) agree that we will not at any time disclose any of the client’s confidential information to any third party.
The client agrees to reimburse us for any requested expenses which do not form part of our proposal including but not limited to the purchase of templates, third party software, stock photographs, fonts, domain name registration, web hosting or comparable expenses.
The client is responsible for maintaining the clients own backups with respect to the clients website and we will not be held liable for restoring any client data or client websites, with the exception that such data loss arises out of a negligent act by us.
OWNERSHIP OF DOMAIN NAMES AND WEB HOSTING
We can supply to the client account credentials for domain name registration and/or web hosting if initially purchased on the client’s behalf and is at that time requested by the client and when the client reimburses us for any expenses that we have incurred. If the client elects to have the website hosted with a company of our choosing that is shared with other clients, access to the main hosting account and site may be limited or denied to the client. Hosting packages will begin at 10gb storage and 1gb monthly bandwidth. If necessary plans can be increased at any later stage for an additional fee. We do not offer support calls for hosting issues. That is covered in part of the maintenance package that will be discussed with you. Should support calls be required outside of this, they will be billed at our full hourly rate.
The agreement constituted by these terms and conditions and any of our proposals will be interpreted according to and is governed by the laws of Ireland. The client and TEJ submit to the non-exclusive jurisdiction of the courts of Ireland in relation to any dispute arising under these terms and conditions or in relation to any services we perform for the client.
CROSS BROWSER COMPATIBILITY
We use current versions of industry supported content management systems (CMS) such as WordPress, we endeavour to ensure that any websites we develop are compatible with most current modern web browsers such as the most recent versions of Firefox, Google Chrome, Edge and Safari. We no longer recognise Internet Explorer as a modern browser. Third party extensions, where used, may not have the same level of support for all browsers. Where appropriate we will substitute alternative extensions or implement other solutions, on a best effort basis, where any incompatibilities are found.
The client is responsible for complying with all relevant laws relating to e-commerce, and to the full extent permitted by law will indemnify TEJ and its subcontractors from any claim, penalty, tax, tariff loss or damage arising from you or your clients’ use of Internet electronic commerce.
TEJ are not liable for any losses, damages or penalties sustained as a result directly or indirectly from the use of our products or services.
If the client rejects any of our work within the 7-day review period, or does not approve subsequent work performed by us to remedy any points recorded as being unsatisfactory, and we, acting reasonably, consider that the client has been unreasonable in any rejection of the work, we as TEJ elect to treat this contract as at an end and will take the required measures to recover payment for any completed work.