Terms and Conditions
My first and primary objective is to meet the needs and expectations transmitted by the client and, as such, it is important that everything is clear and defined from the beginning.
This document highlights the importance of business relationships and we want the best for both parties now and in the future.
Therefore
The client, with legitimacy to hire, is responsible for sending the necessary and requested information and elements for the completion of the project. The client will analyze the progress, giving feedback and approving the work within the expected and outlined timeframe. In the case of the existence of deadlines, these will work in both directions, with the client also being bound to the dates defined together. The client will also be obliged to respect payments and their stipulated time periods.
For its part, Tragio Quievera has the experience and the ability to carry out all combined and agreed development for the completion and delivery of the work. We work to comply with all established deadlines and maintain confidentiality regarding all material provided.
Development
We create, maintain and host websites with flexible layouts that adapt to the features and resolutions of modern devices. We prioritize open-source software, resting on the shoulders of giants instead of reinventing the wheel. The code we write follows modern and recommended practices, and is readable and sustainable.
The client will have the opportunity to review the work and give feedback.
If, at a certain point, the client changes his mind, opinion, objectives and/or is not satisfied with the work developed, he may terminate this contract by paying the initial investment of the time and work performed.
Written Content
Unless previously agreed, Tragio Quievera is not responsible for writing its content, nor for writing the privacy policy, terms and conditions and/or any other legal document, nor will it be responsible for the content thereof.
Images and Assets
The files will always be sent by the client in a digital format. The graphic assets are always in an editable vector format and the images are in high resolution. If you choose to buy images with a commercial license we will suggest some websites and stock image libraries. We use CC0-licensed content with authorization for commercial and non-commercial use.
Browser Testing
Testing in different browsers is not just about making a website look the same across all browsers and/or devices of different sizes. It means ensuring that the visit to the website fits the features of a particular browser, allowing for the best experience possible. So while the website may not look the same on Windows as it does on iPhones, the user experience is.
We do not perform exhaustive testing on discontinued, unsupported or other specific devices, unless agreed upon in advance.
Hosting, Domain and Technical Support
We offer simultaneous premium hosting across 180 servers, website management, registration/transfer, and domain renewal. This includes updates to the content management system, maintenance, email support, backups, and a staging website to test new features and updates, security measures and technical support. It does not cover situations of negligence on the part of the client, nor are we responsible for data loss; if this happens, we will recover your website with the last available backup.
Due to the extensive problems coming from shared hosting companies, from software with security flaws and outdated, low performance, to constantly going down and bringing problems to the client, we decided to stop using external untested servers. We only use our servers or servers that we intensely test and which are based on the latest technologies and security measures.
We ask that you always send all your technical support or any related questions to [email protected] We will do our best to respond within 24 hours. The client will have a free monthly support/maintenance stated in the budget, after which a fee per hour will apply.
Additional Services
We also have the best partners to offer additional services to our clients at the best price possible. Contact us to learn more about the following extras, additional services and fees:
- Additional email addresses
- Content Management on your Website
- Technical assistance
- GDPR compliant Privacy Policy, Terms and Conditions, Terms of Use
- Corporate VPN
- Corporate Antivirus
- Digital Marketing Tools
Changes and revisions
We don't want to limit a client's project. The price agreed in the contract is based on the number of hours that Tragio Quievera estimates as necessary to carry out all the work intended and transmitted by the client. However, we are flexible, so if the client changes his mind or wants to add something new this will not be a problem; a separate estimate will be made for that additional development time.
Responsibility
Tragio Quievera will carry out our work following the best practices of the sector and the expected standards of a qualified, experienced and rigorous person. That said, we cannot guarantee that the work will be error-free and therefore we cannot be held responsible for damages to the client or to third parties, including lost profits, other incidental, consequential or special damages even if the client has warned about them. The client's liability to us will also be limited to the amount payable under the contract/budget and the client will not be liable to us or third parties for damages, including lost profits, other incidental, consequential or special damages, even if we have warned the client about them.
Intellectual property right
To clarify, "intellectual property rights" encompasses all patents, invention rights, copyright (including software rights) and related, trademarks, service marks, use and trade names, internet domain names, rights willingly or to process creation rights, rights to confidential information (including know-how) and any other intellectual property rights, in all cases, whether registered or not, and including all applications (or rights of a claim) and renewals or extensions of such rights and all rights or similar or equivalent forms of protection that exist now or in the future anywhere in the world.
The client guarantees that all the elements and content he sends to us are his intellectual property or that he has the full authorization to use them. By providing text, images, illustrations or any other physical or digital content provided by the client, the client is agreeing to protect us from any claims by third parties that we are using their intellectual property.
We guarantee that all elements of the work we deliver are our property or that we have obtained authorization to use them. We agree to protect the client from any third party claiming that the client is using the intellectual property of others over any content, images, or other works of art that we use. As long as the client has supported the work and / or the contract has not been terminated, we will assign all intellectual property rights to the client, making him the owner of the visual elements that we have created for this project.
All of the visual content that we send to the client must be kept in a safe place as we are not obliged to keep a copy. The client will be in possession of all elements of text, images and data provided, unless they belong to a third party. All source code will remain our intellectual property. We will have all intellectual property rights on the material we develop for this project that was not paid for by the client. We authorize its use exclusively and in perpetuity only for this project unless otherwise agreed. All client processes will be protected and will not be disclosed by Tragio Quievera.
Payment schedule
For the business relationship between the parties to run smoothly, payments must be made in compliance with the plan outlined in the budget.
At the beginning of each month or at the time of each delivery, the client will receive an email with payment information. Several payment methods will be provided to facilitate the process. The amounts are included in the budget.
The budget amount may include other amounts, such as overtime work on the client's website or any other fees.
It will be up to the client to bear, if necessary, the fees associated with international transfers.
If the delay is more than 15 days from the established due date, the client may be charged a penalty of up to 30% of the delivery value of the outstanding amount.
In the event of incremental price changes in any of the services used by us to create and / or maintain the client's website or any other content produced for the client, we are responsible for notifying the client as soon as possible and increasing the amount due.
Exhibit the work
Tragio Quievera has a portfolio of the work already developed, and we reserve the right to display all of our creative work, including sketches, work in progress and the project completed, in any physical or digital form.
Annulment
Cancellation will only be possible with the website maintenance plans. To do this, the client must send a written notice at least 3 months in advance to start the contract cancellation process.
In case there's a loyalty period, the client will have to pay the corresponding remaining months.
If, on our side, we decide that we can no longer work on the project, we will provide all the graphic content that we have created so far and will put all our availability for the transition and transfer of the project respecting all our obligations. We will assume the loss for any unpaid work that we have done up to that point, but the client will not be entitled to a refund of the payments he has already made. In the case of a cancellation of the contract, the client has the right to ownership of the domain and the graphic content created.
The website will be shut down as soon as the contract is canceled or if payments are not fulfilled.
Changes to these terms
We may, at any time and at our sole discretion, modify these Terms and Conditions, with or without prior notice to the User, to reflect the terms and conditions of the User and the Services. Any modification will take effect immediately after its publication. Your continued use of our Services after any modification constitutes your acceptance of these modified terms. However, we will do our best to inform you of any important changes.
Prohibition of assignment of contractual position
Neither party may assign its position in the contract to another person without the other's knowledge and authorization. Both parties agree to respect all relevant laws and regulations regarding the activities under this contract and not to cause the other to violate any relevant laws or regulations.
The contract will remain in effect without the need for renewal until terminated.
If any point of the contract is illegal, void or for any reason unenforceable, it will be considered separable from the contract and will not affect the validity and applicability of the other points.
Competent Forum
For all issues arising from the contract, the Albergaria-a-Velha Court, Aveiro District Judicial Court, will be competent.
Albergaria-a-Velha, June 01, 2020
