WEB DEVELOPMENT CONDITIONS

DEVELOPMENT TIMES

• 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 completion times 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 arts, etc. by the client comply with 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 term must be budgeted separately and will extend the 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. 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 were not detailed in the initial budget and that generate a delay thereof 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 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.

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 mean an 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.
• 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.

REASONS FOR CANCELLATION

• 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 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 finalized by us.
• 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).

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.

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