WEB DEVELOPMENT CONDITIONS
- We promise to meet the agreed delivery dates on working days, as long as the project feedback is fluid and has all the necessary material to meet them.
- In the event of delays due to the non-delivery of the materials or the lack of consensus of third parties in the ideas for the creation of the site or the design, we are not responsible for possible delays in the whole of the project.
- The times of realization of the given project are all in business days from having all the materialsthat the client must provide for the creation of the project, as long as the response times to queries, sketches, confirmations of final artwork, etc. by the client are adjusted to the agreed timing and do not exceed more than 48 hours.
- If the client needs to shorten the time, EMC32 CREATIVE AGENCY SL will apply a % of the total price of the project as an emergency, which can vary between 20 and 50% of the total price of the project depending on the needs and times given. In any case, all emergencies are subject to the availability of the EMC32 team, working hours, etc.
CHANGES DURING THE DEVELOPMENT PHASE
- Depending on the size and breadth of the project, we can include a battery of changes in each project free of charge once the design/scheduling of 3 hours is approved, non-refundable, non-reclaimable. Any change that exceeds the estimated time must be budgeted separately and will extend delivery times.
- For the realization of new changes, or “phases” that substantially change the project, it will be necessary to pay the remaining amount of the project, contemplating it as a new phase of the same.
- Changes that are not contemplated in the budget or in the meetings prior to its approval, will not be contemplated and will be charged separately. It is understood as extra changes, those proposals that do not depend on failures on our part in programming or design, but contributions or ideas that arise from the client in the middle of the creation process and/or not were detailed in the initial budget and that generate a delay in it and/or an increase in the budgeted work.
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 web in a width of 1366px. with the final texts and final images.
- The design must be made in Photoshop or Web Prototype 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 mobile design 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 further development will be. 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 it, unless a specific design is required, which must be provided by the client.
Texts and images
- All the content written 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.
DELIVERY OF THE PROJECT
- Once the project is finished, we give 15 calendar days to verify that everything works correctly(links, buttons, forms, etc…) called review period. If there is a problem in the code, or something does not work correctly, we promise to fix it without any cost 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 times will be set, and the part already completed must be paid to start with the new milestones. .
- During the period of 15-day guarantee, it will be EMC32 who controls the versions of files, databases and changes in WP. If a third party enters as administrator and detects changes external to EMC32, these days will be automatically canceled, and they cannot be claimed in any case.
- Once the two weeks have elapsed or the warranty is voided due to external changes to EMC32, any error correction, incorrect configuration, installation of plugins that affect the operation, etc. They will be quoted separately, since we are not responsible for changes made to the websites due to updates or use of 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 these terms are met by the client.
PAYMENTS AND REFUNDS
- All projects will be paid with 50% when accepting the budget as a reservation of dates and expenses of 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.
- On the project delivery date, the last invoice of 50% 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 as a result of 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 100% of it.
- When entering the final 33% of the total payment, it is understood that the project passes into the client’s hands and therefore he/she is the total legal responsible for the project: name, domain, contents, 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.
- The amount paid will not be refundable, either in part or in its entirety, if the client abandons the project on their own account, or failing that, the delivery of materials is delayed for more than 30 days from the date of payment. In that case, it will be considered closed.
- All services are subject to EMC32’s working hours and the company’s closing schedule, which are reported on our website emc32.com/contacto, unless otherwise agreed with the client.
REASONS FOR CANCELLATION
- There is a grace period for all projects of 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 considered closed, not being possible to reimburse 34% in advance, nor claims of any kind.
- In that in the final phase of the project it was 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 the payment of the entire project, being completed by us.
- However, the client will be given a period of 6 months to provide the documents or data necessary for its completion, covering the migration to your server and the incorporation of the remaining data (such as data POS etc). as long as they were previously detailed in the budget.
- All projects delayed for this reason will be incorporated into our work queue and it will be EMC32 who indicates the new times for its completion.
- The non-payment of the total amount of the project (although the completion of the same 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.
- During the developments only EMC32 will have access as administrator to the projects, if someone outside EMC32 makes any changes, installation, update etc. at your own risk and that entails any breakage in the current web, we will not be responsible and the expenses derived from it will be budgeted separately.fords to fix it.
- In no case are we responsible for third-party codes, plugins or hosting. There are projects that come into our hands with incorrect code, poorly managed hosting servers, etc. In these cases, we always offer our commitment to the best resolution of said problems, but in no case are we responsible 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 percentage of uptime of the websites, or in the loss of their data due to poor management by the partners.
- In no case are we responsible for the loss of SEO or fall in search engines in the projects programmed by third parties, or by EMC32.
DISOLUTION OF THE AGREEMENT OR SERVICES
In no case do the hours, hosting or maintenance pack services have permanence, unless otherwise indicated in the contracted pack, so the client is not obliged to be with us if you 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, the contracted period will be charged, without the possibility of claiming.
In this case, and as long as payments are up to date, we promise to deliver all passwords and/or project files. For our part, we could cease the services at any time in any of these cases:
- The lack of understanding of the parties to bring the project to fruition. There is nothing like working to the liking of both parties.
- The inability to carry out the project, or the client’s requests. Before or during the project.
- Cases of abuse of the hours service, breach of trust, changes outside the budget, poor communication, concealment of information, etc.
CONDITIONS OF THE PACK OF HOURS
TASK ATTENTION HOURS WITHIN THE PACK OF HOURS (BASIC AND ADVANCED)
- Tasks will be attended within a minimum period of 24 hours from 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 in any case depend on the availability of the EMC32 team. It will be the team that informs the client if a task may or may not be delayed or when it can be attended to in case of exceeding the times detailed here. You can see our updated availability schedule on our website.
- The telephone service, by mail or through our task system for this type of packs, if required, will be from 10:00 a.m. to 2:00 p.m., Monday through Friday. The time of the calls exceeding 15m, will be included in the corresponding task that is referred to in it.
- Tasks notified outside of said hours will not be understood as notified that same day. They will be understood as notified on the following day after 10:00, so they will be attended to within 24 hours of said notification. Example: if a task is notified at 4:00 p.m. on the 5th, it will be serviced between 10:00 a.m. and 2:00 p.m. on the 7th.
- In the case of telephone calls, the task will be managed 24 hours after receiving said call, automatically entering the queue, as long as it is notified between 10:00 and 14:00. If notified outside these hours, the same rule as in 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 included in the hour packs. No task applied to packs of hours will be attended or resolved on the same day of notification, nor 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 has the need to exceed these weekly hours, consult us.
- 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. 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.
As of September 1, 2021, the 3-hour basic work pack service will be 105+VAT. The hourly price of programming/advanced services will be €145+VAT
Basic hours pack includes:
- Minor 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 / jQueryWe include fixes and small advanced programming such as conditional operations, custom behaviors, structure data management, sitemap management, content import and export , manage google apps, etc .
- You can check the FAQs for more examples
- Advanced layouts within 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 your store’s product listings
- Import and export of content, preparation of content for mass import.
If you have contracted a pack of basic hours and require advanced service, they will be billed separately from the pack of hours, after accepting the budget.
All rates for both individual 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 he has contracted recurrent hour packs. If the client does not receive any notice on that date, the rates will be maintained.
If some of the services required by the client is not detailed in this document, you should consult EMC32, so that they can inform you if the pack would fit said assumption or if it would be budgeted separately. In such cases, it is never assumed that you are going in hour packs without consulting EMC32 first.
All packs of hours, without exception, will be paid in advance 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 a hosting. Said price will be included once a year and will be €95 + VAT per site. This price also includes the necessary subdomains for the proper functioning of the development site.
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 paid by EMC32, at no additional cost. p>
TASKS AT THE MOMENT AND/OR URGENCIES
Urgent tasks are all those that must be carried out within the next 24 hours of notification, whether by phone, mail and/or asana, will be subject to the following terms:
- 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.
- Under no circumstances will emergencies be attended outside of working hours.
- All service, notification and management hours are approximate and in any case depend on the availability of the EMC32 team. It will be the team that informs the client if a task can be done urgently or not.
LIMITATION OF LIABILITY
We reserve the right to change at any time and without prior notice, modifications and updates of the information contained on the Web, of its configuration and presentation, of the access conditions , hiring 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 it has been completed by us and/or 100% of the project has been paid. 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 artwork, etc. in a safe place.
You agree to hold harmless EMC32 CREATIVE AGENSY SL, its employees and its partners from claims, losses, expenses, damages and costs (including direct, incidental, consequential, punitive, exemplary and indirect damages), and fees reasonable attorneys’ fees as a result of any breach by you of these terms, whether or not considered material or immaterial; the improper use of the Services by the CLIENT or any person acting on its 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 actual, special, indirect, incidental, punitive or consequential damages of any kind arising from the CLIENT’s misuse of the supplied tools. 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 made by linked third parties.
Our only responsibility will be to supply the service in 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. To do 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.
SIGNATURE OF THE CONDITIONS
Fill in, sign and send the conditions. You will receive a copy for you and another for us: