Terms & Conditions
The following terms and conditions apply to all website development / design services provided by Problue Solutions to the Client.
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.
Charges for services to be provided by Problue Solutions are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 30 days. Problue Solutions reserves the right to alter or decline to provide a quotation after expiry of the 30 days.
Unless agreed otherwise with the Client, all services require an advance payment of a minimum of fifty (50) percent of the project quotation total before the work is supplied to the Client for review. A second charge of fifty (50) percent is required upon completion of the work, prior to upload to the server or release of materials.
Payment for services is due by credit/debit card or bank transfer. Bank details will be made available on invoices.
3. Client Review
Problue Solutions will provide the Client with an opportunity to review the appearance, functionality and content of the website or application 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 once approval has been given by the Client to proceed with the upload and launch of the website or application on the live server.
The Client should ensure that they are happy with the functionality of the website or application prior to launch, as after launch any changes requested will be chargeable unless the Client has purchased a Maintenance and Support plan. Any changes requested after launch can be provided at an hourly rate of £45 (minimum of one hour), or for any significant work on enhancements or additional functionality a quote can be provided.
Problue Solutions carries out testing of all websites and applications prior to launch, however Problue Solutions accepts no responsibility for any design or functionality that the Client deems to be inadequate, incomplete or not functioning as intended unless it is reported to Problue Solutions prior to the launch of the website.
4. Turnaround Time and Content Control
If no date has been supplied in the project proposal then Problue Solutions will complete the work as soon as is possible based on the schedule of other work.
The Client agrees to delegate a single individual as a primary contact to aid Problue Solutions with progressing the commission in a satisfactory and expedient manner.
During the project, Problue Solutions will require the Client to provide website content; text, images, movies and sound files if necessary.
Invoices will be provided by Problue Solutions upon completion but before publishing the live website or application. Invoices are normally sent via email; however, the Client may choose to receive hard copy invoices. 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 the higher of one and one-half percent (1.5%) or £30 per month of the total amount due.
6. Additional Expenses
Client agrees to reimburse Problue Solutions for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography etc.
7. Web Browsers
Problue Solutions 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, Internet Explorer, Edge, Google Chrome, etc.). Client agrees that Problue Solutions cannot guarantee correct functionality with all browser software across different operating systems.
Problue Solutions cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website or application has been designed and handed over to the Client, unless the Client has a Maintenance and Support plan agreed with Problue Solutions. As such, Problue Solutions 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.
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 Problue Solutions Web space, Problue Solutions will, at its discretion, remove all such material from its web space. Problue Solutions 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 Problue Solutions reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Problue Solutions in enforcing these Terms and Conditions.
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 honoured until and unless confirmed in writing. The Client will be invoiced for design work completed to the date of first notice of cancellation for payment in full within thirty (30) days.
All Problue Solutions services may be used for lawful purposes only. You agree to indemnify and hold Problue Solutions harmless from any claims resulting from your use of our service that damages you or any other party.
The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Problue Solutions 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 Problue Solutions permission and rights for use of the same and agrees to indemnify and hold harmless Problue Solutions 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 Problue Solutions that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
12. Standard Media Delivery
Unless otherwise specified in the project quotation, this Agreement assumes that any website content will be provided by the Client in electronic format.
13. Design Credit
A link to Problue Solutions will appear in small type at the bottom of the Client's website. 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 Problue Solutions portfolio.
14. Access Requirements
If the Client's website is to be installed on a third-party server, Problue Solutions must be granted temporary read/write access to the Client's storage directories which must be accessible via FTP and access to create Databases and users in the control panel of the 3rd party server hosting account. Depending on the specific nature of the project, other resources might also need to be configured on the server.
15. Post-Placement Alterations
Problue Solutions 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.
16. Domain Names
Problue Solutions may provide domain names to the Client. Payment and renewal of those 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 Problue Solutions. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.
These Terms and Conditions supersede all previous representations, understandings or agreements. The Client's signature below 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.
18. Maintenance and Support
Ongoing maintenance of the Client's website is not provided as part of the fee for the website. A separate Maintenance and Support plan must be purchased by the Client to receive ongoing maintenance and support. For Client's who have not purchased a Maintenance and Support plan, support will be provided for thirty (30) days after launch, after which any support request will be chargeable at an hourly rate of £45 (minimum of one hour).
Maintenance is defined as any change or modification carried out to the website after launch. Support is defined as the answering of any question asked by the Client after website launch, or any assistance or advice provided by Problue Solutions to the Client after website launch.
Clients who have not purchased a maintenance and support plan assume all responsibility for the maintenance of the website immediately after launch. This includes but is not limited to the following:
- Web hosting issues
- Drupal core upgrades
- Contributed module upgrades
- Security patches
- Any broken functionality due to changes in 3rd party APIs (e.g. Google analytics)
- Any broken functionality due to the launch of new web browser versions
- Any forced upgrades due to changes in web hosting environment (e.g. Drupal core or modules no longer compatible with newer versions of PHP on web server)
Unless agreed otherwise, maintenance & support plans do not cover any website or application functionality developed by a third party once the maintenance and support plan has commenced.
19. Governing Law
This Agreement shall be governed by Northern Ireland Law.
Problue Solutions 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.
The entire liability of Problue Solutions 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.
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.