Terms & Conditions
We love clarity.
1. Terms and Conditions
The following terms and conditions apply to all website design & development services provided by Insight Creative Digital to the client. Please read these terms and conditions carefully, as any purchase or use of our services implies that you have read and accepted our terms and conditions.
2. Commencement of Work
Payment of the initial deposit will be considered an acceptance of the contract for work.
3. Domain Names & Hosting
Insight Creative Digital is not a website hosting company and we do not offer or include technical support for website hosting, e-mail or other services relating to website hosting. We do host websites with third parties. While the third party is chosen based on a trusting and successful relationship in the past, Insight Creative Digital is not responsible for any shortcomings or errors that may occur on the part of the third parties.
Assistance with anything beyond the design and development of your website is a service Insight Creative Digital offers at an hourly rate.
Insight Creative Digital 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 non or late payment is not the responsibility of Insight Creative Digital. The client should a record of the due dates of payment to ensure that payment is received in good time.
4. Website content
The website content should be submitted in accordance with the Insight Creative Digital guidelines.
5. Timeframe / Production schedules
Insight Creative Digital is a small business and to remain efficient we must ensure that work we have committed to doing is carried out in adherence to a specific timeframe. On occasions we may have to reject offers for other work and enquiries to ensure that your work is completed at the time arranged.
Production schedules will be established and adhered to by both client and Insight Creative Digital, provided that neither shall incur any liability, penalty or additional cost due to delays caused by a state of war, riot, civil disorder, fire, labor trouble or strike, accidents, energy failure, equipment breakdown, delays in shipment by suppliers or carriers, action of government or civil authority, and acts of God or other causes beyond the control of the client or Insight Creative Digital.
If the client fails to deliver necessary content, resources, or feedback by the time Insight Creative Digital deems crucial to any deadline, all deadlines and milestones will be adjusted accordingly.
The client’s failure to meet milestones or content obligations for a period of 14 days or more will result in reallocation of Insight Creative Digital’s resources and work on the project will be delayed or may cease. Resuming work on the project will require a reassembly period that may equal the time of delay caused by the client.
If the client’s inactive or unresponsive time exceeds a period of 30 days, this constitutes abandonment of the project. In such a case, the client will be considered to have cancelled the project. Thereupon, Insight Creative Digital can choose to cease further work on the project. In such case, the client will be granted no right or license to the work and Insight Creative Digital is absolved of any obligation to resume the project. The contracting party is obliged to pay the total amount of work that has been completed up to this deadline, based on the Insight Creative Digital hourly rate.
6. Changes and revisions / Additional expenses
The price for a Insight Creative Digital website project is based on the number of days estimated necessary to accomplish everything the client wants to achieve. The client has the right to add extra pages or templates or even add new functionality after the original agreement has been made. In this event, a new proposal will be drawn up by Insight Creative Digital. Revisions are to be in writing so changes can be correctly notated.
The client agrees to reimburse Insight Creative Digital for any additional expenses necessary for the completion of the work. Examples would be additional (sub-)navigation links, pages, custom photography, content creation, purchases of special fonts or stock photography etc. The additional expenses will either be invoiced based on the hourly work necessary for completion, or the cost of purchased fonts or photos.
The client will gain the total ownership of the finished, assembled web pages, templates, graphics, logos, branding, artwork, marketing copy, source code and instructional material produced by Insight Creative Digital.
8. Design credit
A link to Insight Creative Digital 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. If a client requests that the design credit be removed, a nominal fee of 10% of the total development charges will be applied. The client also agrees that the website developed for the client may be presented in Insight Creative Digital’s portfolio.
9. Training & Support
After the launch of the new website, Insight Creative Digital will organise a training session with anyone who needs to use the website. During the session, all participants will learn how to update pages, upload content and make any basic changes to the website.
Skype or a Google+ Hangout can be used and the sessions may be recorded for future use.
10. WordPress maintenance
Insight Creative Digital offers Customer Care, a service contract, which includes backups of the website, the execution of WordPress updates and the utilization of a security plugin to increase the security of the website. The client has the option of setting up a service contract for the maintenance of the WordPress website. In the event a website is hacked or compromised, or an update has caused the website to crash or severely be altered, if the client has a service contract, Insight Creative Digital will restore an uncompromised backup of the website. In the event a client chooses not to have a service contract, the costs that have occurred due to these unfortunate events will be separately invoiced at an hourly rate of 200 euro per hour.
Insight Creative Digital 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 (Google Chrome, Firefox, Internet Explorer 8 & 9). Client agrees that Insight Creative Digital cannot guarantee correct functionality with all browser software across different operating systems. Insight Creative Digital cannot accept responsibility for web pages which do not display acceptably in new version of browsers released after the website have been designed and handled over to the client. As such, Insight Creative Digital reserves the right to quote for any work involved in in changing the website design or code for it to work with updated browser software.
12. Liability & Warranty
Insight Creative Digital liability will be limited to the cost of supply for this work. Insight Creative Digital is not responsible for any indirect losses. Once a client has agreed to a look and feel proof and instructed Insight Creative Digital to proceed to develop, any subsequent changes in style or design requested by the client will be charged for at the appropriate hourly rate. We offer a 30-day post-launch bug fixing warranty at no charge.
13. Termination of contract
The contracting party will not have the right to cancel this contract after the project has commenced. If, after commencing the project, the contracting party decides not to continue with project development, then the contracting party is obliged to pay the total amount of work that has been completed up to the day of cancellation based on the Insight Creative Digital hourly rate.
Termination of services by the client must be requested in a written notice and will be effective on receipt of such notice. E-mail or telephone requests for termination of services will not be honored until and unless confirmed in writing.
Upon completion of the website and before the website is “live”, an invoice will be sent to round off the contract. Invoices are due upon receipt. Accounts that remain unpaid thirty (30) days after the date of the invoice will be assessed a service charge in the amount of one and one-half percent (1.5%) of the total amount due. In the event the last invoice is not paid after sixty (60) days, Insight Creative Digital has the right to take the website offline until the entire payment has been completed.
Payment for services is due by bank transfer. Bank details will be made available on invoices.
15. Governing Law
This agreement shall be governed by and construed in all respects in accordance with the Laws of The Netherlands.