s WEB DEVELOPMENT CONDITIONS

DEVELOPMENT TIMES

  • All development times must be approved and agreed upon by the EMC32 team.
  • We promise to meet the agreed delivery dates on working days, as long as the project feedback is fluid and you have all the necessary material to comply with them.
  • In the event of delays due to the non-delivery of the materials or the lack of third-party consensus on the ideas for the creation of the site or the design, we are not responsible for possible delays in the entire project.
  • The project completion times given are all in business days from having all the materials that the client must provide for the creation of the project, as long as the response times to queries, sketches, confirmations of final arts, etc. by the client adjust to the committed timing and do not exceed more than 48 hours.
  • If the client needs to shorten the times, EMC32 CREATIVE AGENCY SL will apply a % of the total price of the project as an urgency, which can vary between 20 and 50% of the total price depending on the needs and given times. In any case, all emergencies are subject to the availability of the EMC32 team , business hours, etc.

CHANGES DURING THE DEVELOPMENT PHASE

  • Depending on the size and breadth of the project, we can include a 3-hour battery of changes free of charge once the design/scheduling has been approved, non-refundable and non-reclaimable . Any change that exceeds the estimated time must be budgeted separately and will automatically extend delivery times.
  • To carry out new changes, or “phases” that substantially change the project, it will be necessary to pay the remaining amount of the project, considering it as a new phase of the same.
  • The changes that are not considered in the budget or in the meetings prior to the ok of the same, will not be considered and will be charged separately. Extra changes are understood to be those proposals that do not depend on errors on our part in programming or design, but rather on contributions or ideas that arise from the client halfway through the creation process and/or were not detailed in the initial budget. and that generate a delay and/or an increase in the budgeted work.
  • Before the development phase, EMC32 does a design phase (UX, UI, LAYOUT, etc.) that must be approved by the client to advance to the development phase. All changes in development with respect to the design phase will automatically be taken as changes and will be added to the overtime of the first point. Once these hours have been exceeded, the client must pay the extra hours derived from said extra changes.

DELIVERY OF DESIGNS AND MATERIALS FOR DEVELOPMENT BY THE CLIENT

Design and Layout

  • In the event that the design is provided by the client, the dimensions of the file must be for the web with a width of 1366px. with the final texts and final images.
  • The design must be made in Photoshop or web Prototyping programs such as Adobe XD, Figma, Sketch (If paid licenses are required to access the prototypes, they must be provided by the client)
  • The design of all pages must be provided, even if a special design for mobile is desired, it must also be provided. Any design not included in the files, such as hover effects, etc. They will not be programmed unless we are indicated in the general requirements of the web and the desired effects are specified.
  • The more detailed a design is, the better the subsequent development will be. The fonts and materials must be provided by the client.
  • In the case of legal pages or 404 error pages, the general style of the web will be followed, and it is not necessary to provide a design for this, unless a specific design is required, which must be provided by the client.

texts and images

  • All written content must be delivered by the client, as long as a writing service is not contracted for the projects.
  • For multi-language websites, it must be the client who provides us with the translations of the content.
  • Likewise, it is your responsibility to have all the rights to use the material you want to include in the project, such as images, texts, videos, etc.

PROJECT DELIVERY

  • Once the project is finished, we give 15 calendar days to verify that everything works correctly (links, buttons, forms, etc…) called the review period . If there is a problem in the code, or something does not work correctly, we promise to fix it free of charge within those 15 days.
  • Any extra change in this review period or outside of it is understood to be outside the project, and therefore it will be budgeted separately and new delivery deadlines will be set, and the part already finished must be paid to start with the new milestones.
  • During the warranty period of 15 days, it will be EMC32 who controls the versions of files, databases and changes in WP . If a third party enters as an administrator and detects external changes to EMC32, said days will be automatically canceled, not being able to claim them in any case.
  • Once the two weeks have elapsed or the warranty has been canceled due to external changes to EMC32, any correction of errors, incorrect configuration , installation of plugins that affect operation, etc. They will be budgeted separately, since we are not responsible for changes made to the websites due to updates or use by third parties.
  • EMC32 undertakes to actively respond to the necessary arrangements during the review period to leave the website ready for delivery as long as the client complies with these terms.
  • All services are subject to EMC32 working hours and the company’s closing calendar that are reported on our website emc32.com/contacto , unless otherwise agreed with the client.

PAYMENTS AND REFUNDS

  • All projects will be paid with 50% upon accepting the budget as a reservation of dates and expenses for the start of the project and must be paid within a maximum period of 15 days from the sending of the invoice. Failure to pay this advance will result in immediate cancellation of the project.
  • Before the project delivery date (final phase) the last 50% invoice will be issued and the client will have a maximum of 15 days to make the payment. Date that will coincide with the 15 days of review to verify that the work is correct. In the event that adjustments and arrangements have to be made derived from the feedback, it will not lead to a delay in the payment of the invoice .
  • In no case or assumption, the final payment can be delayed. In no case will any of the payments or phases be refundable.
  • In no case will keys or final data or Final Project files be delivered if the payment is not made at 100% of the same.
  • By paying the final 50% of the total payment, it is understood that the project passes into the client’s hands and therefore he is fully legally responsible for the project : name, domain, content, images, data, etc. EMC32 reserves the right to show the work in its portfolio without mentioning the name of the agency or the final client. Only with the right to show the images or videos of the work done.
  • Nor will the amount paid be fully or partially refundable if the client abandons the project on their own , or failing that, delays the delivery of materials for more than 30 days from the date of payment. In that case, it will be closed.

REASONS FOR CANCELLATION AND NON-PAYMENTS

  • There is a waiting period for all projects lasting 30 days per project. If in 30 days we have not received communication with the client, nor materials, nor information about it, it will be closed, not being possible a 50% refund in advance, nor claims of any kind.
  • In the final phase of the project being interrupted by the client due to lack of delivery of materials, feedback, etc. Exceeding the estimated time in the project + 2 weeks, the remaining invoice will be sent to you for payment of the entire project , the project being finalized on our part.
  • However, the client will be given a period of 6 months to provide the documents or data necessary for its completion, the migration to its server and the incorporation of the remaining data (such as POS data, etc.) being covered. as long as they were previously detailed in the budget.
  • All the projects delayed for this reason will be incorporated into our work queue and it will be EMC32 who will indicate the new times for its completion.
  • The non-payment of the total project (even if its completion has had to be interrupted by the client), will mean the total cancellation of the work carried out without being able to claim the amounts previously paid, nor the data attached to it (images, code, etc created by EMC32).
  • In case of any type of non-payment by the client for a partial or total part of the project, EMC32 reserves the right not to deliver final materials , code, plugins or complete websites with a value of up to 100% of the previously budgeted project, without the possibility complaint by the client.
  • In the event that the work, out of necessity, is carried out in the client’s environment and once the project is completed, the client does not pay in full, EMC32 reserves the right to eliminate the work , code, layout and/or pages created. , without the possibility of claim by the client. If the client wants to recover said work, a surcharge of 10% of the total project will be charged for restoration. In these cases, EMC32 reserves the right to take legal action depending on the severity of each case.

RESPONSIBILITIES

  • During the developments, only EMC32 will have access as administrator to the projects, if someone outside EMC32 makes any change, installation, update, etc. at your own risk and that entails some breakage in the current website, we will not be responsible and the expenses derived for its repair will be budgeted separately.
  • In no case are we responsible for third-party codes, plugins or hosting . There are projects that come into our hands with incorrect code, badly managed hosting servers, etc. In these cases we always offer our commitment to the best resolution of these problems, but in no case do we take responsibility for them. We work with partners for hosting services such as 1and1, Webempresa, Siteground or OVH. In no case are we responsible for their services, either in the % of uptime of the websites, or in the loss of data from them due to poor management by partners.
  • In no case are we responsible for SEO losses or search engine crashes in scheduled projects, whether by third parties or by EMC32.

DISSOLUTION OF AGREEMENT OR SERVICES

In no case are the hours, hosting or maintenance pack services permanent, unless otherwise indicated in the contracted pack, so the client is not obliged to be with us if they are not happy with the services.

The cancellation of any of our recurring services must be notified at least 15 days BEFORE the service renewal date. If the client does not notify on said date, they will be charged for the contracted period, without the possibility of a claim.

In this case, and as long as payments are up to date, we promise to deliver all the passwords and/or files of the project .

For our part, and general scope applicable to any project, we could cease the services at any time in any of these cases:

  • The non-understanding of the parties to bring the project to a successful conclusion. Bad communication. There is nothing like working at ease for both parties.
  • The inability to carry out the project, or the client’s requests. Before or during the project.
  • Cases of abuse of the service of hours, breach of trust, changes out of budget, concealment of information, etc.

CONDITIONS OF THE PACK OF HOURS

SCHEDULE OF ATTENTION OF TASKS WITHIN THE PACK OF HOURS (BASIC AND ADVANCED)

  • The tasks will be attended to within a minimum period of 24 hours from the notification, either by phone or by our task management tool, and the response and management of the same may take up to 72 hours.
  • At the time of being attended to, the task will be managed, indicating when it can be resolved, if it falls within packs of hours, difficulty and providing an approximate completion date.
  • All service, notification and management hours are approximate and depend in any case on the disposition of the EMC32 team . It will be the team that informs the client if a task can be delayed or not or when it can be attended to if the times detailed here are exceeded. You can see our updated availability hours on our website.
  • The telephone service, by mail or by our system of tasks for this type of packs, if required, will be from 10:00 a.m. to 2:00 p.m. from Monday to Friday . Call times exceeding 15m will be included in the corresponding task referred to therein.
  • Tasks notified outside of said hours will not be understood as notified that same day. They will be understood as notified the day after from 10:00 a.m., so they will be attended to within 24 hours of said notification. Example: if a task is notified at 4:00 p.m. on day 5, it will be attended to between 10:00 a.m. and 2:00 p.m. on day 7.
  • In the case of telephone calls, the task will be managed within 24 hours of receiving said call, automatically entering the queue, as long as it is notified between 10:00 and 14:00. If notified outside of these hours, the same rule of the previous point will apply.
  • An extra time will be added to these tasks for task management, as well as a license for task management tools and/or telephone management.
  • Emergencies are not contemplated within the hour packs . No task applied to packs of hours will be attended to or resolved on the same day of notification, nor the 24 hours after it.
  • The maximum number of hours to work on the same client (including several websites) will be 5 hours per week . If a client needs to exceed these weekly hours, consult.
  • In no case are third-party licenses or tools required by the projects included in the service included. These will be billed separately.
  • The rest of the conditions of the normal hour packs apply.
  • EMC32 CREATIVE AGENCY SL reserves the right to update these terms, always informing the client of them. The previously paid packs will always have in force the terms that existed at the time of payment of said pack. EMC32 agrees to apply these terms to the pack of hours in progress until its completion.

RATES

As of September 1, 2021, the 3-hour basic work pack service will be 105+VAT. The price per hour of programming/advanced services will be €145+VAT

Basic hours pack includes:

  • Small changes in web html, html5, WordPress, installation/configuration of plugins etc.
  • Project advice by email during business hours
  • Content management within WordPress: Post upload, categorization, image upload, menu changes, etc.

The advanced hours pack includes:

  • You can include everything we have in the basic packs and add: Small changes and developments in PHP / jQuery We include fixes and small advanced programming such as conditional operations, custom behaviors, structure data management, sitemap management, content import and export, google management apps etc.
  • You can review the FaQs for more examples
  • Advanced layouts within the Divi blocks or other layouts (in no case do we include full page restyling or design work).
  • Custom fields for your WordPress posts or for the product listings of your store
  • Import and export of content, preparation of content for mass import.

If you have contracted a pack of basic hours and require advanced services, they will be invoiced separately from the packs of hours , after accepting the budget.

All rates for both single hours and hours within packs will be reviewed annually in the month of September of each year , notifying the client between 1 and 2 months in advance about the price change (mainly in the month of July). ), if this has contracting recurring hour packs. If the client does not receive any notice on said date, the rates will be maintained.

If some of the services required by the client are not detailed in this document, you should consult EMC32, so that they can inform you which pack would fit this assumption or if it would be budgeted separately. In such cases, it is never assumed that it goes in packs of hours without first consulting with EMC32.

All the hour packs, without exception, will be paid in advance to be able to start the work.

DEVELOPMENT SITES (DEV)

The development sites associated with packs of hours (if required), being a continuous service, must be paid annually, as if it were hosting. Said price will be included once a year and will be €95 + VAT per site . In this price, the subdomains necessary for the proper functioning of the development site are also included.

In case of contracting the development site service with us, the 95 + VAT will be paid at the time of activation, and the transfer of the site and start-up will be borne by EMC32, at no additional cost.

TASKS AT THE MOMENT AND/OR EMERGENCIES

Urgent tasks are all those that must be carried out within the next 24 hours of notification of the same, whether by phone, mail and/or asana, the following terms will be accepted:

  • The minimum price will be €85 / hour + VAT, charging the first hour in full.
  • From the first hour of work, the other hours will be charged at a rate of €70 / hour + VAT, not counting in the pack of hours active by the client.
  • If the client has a pack of hours contracted with us at the time of the emergency, the equivalent of said pack will be deducted, automatically renewing said pack if necessary.
  • In no case will emergencies be attended outside working hours.
  • All service, notification and management hours are approximate and depend in any case on the disposition of the EMC32 team . It will be the team that informs the client if a task can or cannot be carried out urgently.

LEGAL CONDITIONS FOR THE MANAGEMENT OF SOCIAL NETWORKS

 

1. Scope of Service

EMC32’s social media management service is designed to help our clients maximize their online presence through the creation, scheduling and publishing of relevant and engaging content. This service is offered within the limits of the number of contracted hours, ensuring that each post, reel, and any other form of digital content is prepared to meet the client’s specific digital marketing objectives.

2. Hours of Service and Additional Hours Pack

The volume of work included in the service is directly related to the number of hours contracted. For any needs that exceed this time, such as the creation of additional content or change requests that require additional effort, extra costs will apply. These will be managed through our hours pack, available for consultation and acquisition on our EMC32 Hours Pack website.

3. Creative Modifications

We understand that the creative process is dynamic and may sometimes require adjustments. For this reason, EMC32 is committed to responding to requests for modifications to creatives, establishing a minimum execution period of 3 business days. It is essential that the client considers this deadline when planning their publications, as last minute requests could result in changes to the scheduled publication dates.

Given the immediate and ephemeral nature of Stories on social media platforms, EMC32 will upload this type of content on the fly, adapting to the dynamics and current events of the brand and the market. Therefore, Stories will not require prior approval from the client before publication. This modality seeks to take advantage of communication opportunities in real time and maintain an active and relevant presence on social networks. However, the content of the Stories will be planned in line with the general strategy agreed with the client and will remain within the parameters of the brand to ensure consistency and quality.

4. Responsibility and Acceptance of Risks

EMC32 strives to offer a social media management service that positively contributes to client brand recognition and engagement. However, it is important to recognize that external factors, such as changes in social media platform algorithms or variations in content consumption trends, can influence results in unpredictable ways. In this sense, EMC32 is not responsible for variations in performance that are beyond its direct control.

5. Ownership of Content and Copyright

The client is responsible for ensuring that all material provided for use in social media campaigns, including images, text and videos, is royalty-free or has the necessary licenses for use. EMC32 reserves the right to reject any material that may constitute an infringement of intellectual property rights.

6. Cancellations and Termination of Service

Cancellation of the social media management service by the client requires 30 days’ notice. It is important to note that, if there is a contracted time commitment, the client must comply with the agreed duration of the contract, except in exceptional circumstances that justify early termination.

7. Modifications to the Legal Conditions

These conditions may be updated or modified by EMC32 to reflect changes in legislation, market practices or company strategy. Any modification will be communicated to the client with reasonable advance notice, ensuring transparency and mutual understanding.

8. Intellectual Property and Use Rights

The client guarantees that it has the necessary rights over the content provided for publication on social networks, exempting EMC32 from any responsibility for third-party claims related to copyright or intellectual property.

9. Content Approval

To ensure consistency and quality of published content, the client will have 3 business days to review and approve any material created by EMC32 prior to publication. Failure to respond within this period will be interpreted as tacit approval of the proposed content.

10. Crisis and Online Reputation Management

In the event of a reputation crisis or situations requiring specialized social media management, EMC32 will work closely with the client to develop an appropriate strategy. These situations may require additional resources not contemplated in the original hour package, and therefore, could generate additional costs.

11. Privacy and Confidentiality

EMC32 is committed to protecting the confidentiality of the information provided by the client during the provision of the service, ensuring that all sensitive information is treated with the utmost respect and discretion.

12. Measurement and Reports

To evaluate the impact of the social media content strategy, EMC32 will provide the client with periodic reports that reflect the performance of the publications, thus allowing strategic adjustments based on data.

13. Compensation

The client agrees to indemnify and hold harmless EMC32 against any claim, loss or damage arising from improper use of the social media management service or violation of these conditions.

14. Modifications to the Terms and Conditions

EMC32 reserves the right to modify these conditions at any time, with the commitment to notify the client of any relevant change.

LIMITATION OF LIABILITY

We reserve the right to change at any time and without the need for prior notice, modifications and updates of the information contained on the Web , its configuration and presentation, the access conditions, contracting conditions, etc. Therefore, the CLIENT must access updated versions of the page.

The CLIENT is solely responsible for the confidential material and security of your website once we have finished and/or paid 100% of the project. In no case are we responsible for the loss of data or files. Thus, the CLIENT is solely responsible for keeping their administrative passwords for the web, hosting, files, final arts, etc. in a safe place.

You agree to hold EMC32 CREATIVE AGENSY SL, its employees and partners harmless from claims, losses, expenses, damages and costs (including direct, incidental, consequential, punitive, exemplary and indirect damages), and reasonable attorneys’ fees. as a result of any breach by you of these conditions, whether or not considered to be material or immaterial; the improper use of the Services by the CLIENT or any person acting on their behalf or for any material or immaterial violation of any right, title or interests of third parties.

In no case are we responsible for any breach of contract that occurs by the CLIENT, negligence regarding the site, concealment of information prior to contracting, the service or any content, for any loss of benefits, loss of use, or real, special, indirect, incidental, punitive or consequential damages of any kind derived from the misuse by the CLIENT of the tools supplied. In any case, we will not be liable for any consequence, damage or harm that may arise from the improper use of the services provided, including those carried out by linked third parties.

Our sole responsibility will be to provide the service under the terms and conditions expressed in this contracting policy.

All these terms and conditions will be applicable to our provision of services.

All these terms and conditions must be read and accepted by the client when contracting any service with us. For this and as an act of good faith, they will be indicated orally (by email or telephone), and/or they will be summarized at the bottom of the invoices and/or budgets delivered.

Last edition: November 14, 2022

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