Terms & Condition
OVERVIEW
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to our website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Acceptance
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.
Domain names and Hosting
Lubicode can, at its own discretion, but is not obliged to, offer domain name registration and hosting via a third-party service.
The Client agrees that registration of a domain name does not provide an endorsement of the right to use the name. The Client is responsible for ensuring they have due title to the domain name. Lubicode holds no liability and the Client hereby agrees to indemnify and hold harmless Lubicode from any claim resulting from the Client?s registration of a domain name.
The domain name is registered in the Client?s own name, with the address and contact details of Lubicode. The Client should be aware that a domain name is registered with a third party and as such the Client shall agree to fully abide by the terms and conditions set out by the third party for such services.
The Client agrees to take all legal responsibility for use of third-party domain name and hosting services and supply truthful details to the third party services.
The Client agrees that information submitted for registration of domain names is then available to the general public via the Nominet Whois system. However, Clients who are using their website for non-trading purposes may ask the third party registrar for their contact information not to be included in the Nominet Whois system.
The Client is liable to pay Lubicode for any domain name registrations and the initial set-up of the hosting if included as part of the website build.
Any support relating to the domain name, hosting and email services are between the Client and the third-party service.
Any other domain name and hosting services or costs not included by Lubicode, including but not limited to further domain name registration fees, domain name transfer charges, yearly domain name renewals, hosting charges, yearly hosting renewals, hosting upgrades, extra disk space, bandwidth and any other related or hidden charges, are to be paid by the Client to the third party services.
The Client agrees to pay the domain name and hosting fees as soon as required by the third party. Any modifications needed to the domain name or hosting services are to be made between the Client and third-party service.
The Client agrees that if at any time their contact details, including email address, change, it is their responsibility to contact the third party and update their contact details. Failure to do so may mean that renewal invoices for the domain name and hosting services are not received by the Client.
Payment for a domain name and hosting services is to be made immediately upon receipt of an invoice from the third party service. Failure to comply with the payment terms may result in the Client?s domain name becoming available to another party and/or the website and email services becoming unavailable.
The Client agrees to pass on FTP details and any other access details relating to their domain name and hosting account that Lubicode requires uploading the website if required as part of a project.
Lubicode reserves the right without notice to cancel, reject or refuse work with domain names or hosting services without reason for such rejection or refusal.
The Client agrees to be liable for their use of the domain name, hosting and email services with the third party and hereby agrees to indemnify and hold harmless Lubicode from any claim resulting from the Client?s publication of material and use of the domain name, hosting and email services.
The Client agrees to take full responsibility for all usage of the domain name, hosting and email services and to fully abide by the terms and conditions set out by the third party for such services.
Charges
Charges for services to be provided by Lubicode are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 30 days. Lubicode reserves the right to alter or decline to provide a quotation after expiry of the 30 days.
Unless agreed otherwise with the Client, all website design 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. The remaining fifty (50) percent of the project quotation total due upon completion of the work, prior to upload to the server or release of materials.
Payment for services is due by debit/credit card, online payment services ( Mollie, Paypall ) or bank transfer. Payments should be made payable to Lubicode and sent to Lubicode. Bank details will be made available on invoices.
Client Review
Lubicode will provide the Client with an opportunity to review the appearance and content of the website 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 unless the Client notifies Lubicode otherwise within ten (10) days of the date the materials are made available to the Client.
Turnaround Time and Content Control
Lubicode will install and publicly post or supply the Client’s website by the date specified in the project proposal, or at date agreed with Client upon Lubicode receiving initial payment, unless a delay is specifically requested by the Client and agreed by Lubicode.
In return, the Client agrees to delegate a single individual as a primary contact to aid Lubicode with progressing the commission in a satisfactory and expedient manner.
During the project, Lubicode will require the Client to provide website content; text, images, movies and sound files
Failure to provide required website content:
Lubicode is a small business, to remain efficient we must ensure that work we have programmed is carried out at the scheduled time. On occasions we may have to reject offers for other work and enquiries to ensure that your work is completed at the time arranged.
This is why we ask that you provide all the required information in advance. On any occasion where progress cannot be made with your website because we have not been given the required information in the agreed time frame, and we are delayed as result, we reserve the right to impose a surcharge.
If you agree to provide us with the required information and subsequently fail to do within two week of project commencement we reserve the right to close the project and the balance remaining becomes payable immediately.
NOTE: Text content should be delivered as a Microsoft Word, email, Google Doc (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website.
Lubicode reserves the right to refuse to handle:
1. Any media that is unlawful or inappropriate.
2. Any media that contains a virus or hostile program.
3. Any media that constitutes harassment, racism, violence, obscenity, harmful intent or spamming.
4. Any media that constitutes a criminal offence, or infringes privacy or copyright.
Payment
All quoted prices here are exempt of VAT.
Invoices will be provided by Lubicode upon completion but before publishing the live website. Invoices are normally sent via email; however, the Client may choose to receive hard copy invoices. Invoices are due upon receipt.
Lubicode reserves the right to decline further work on a project if there are invoices outstanding with the Client.
Lubicode reserves the right to remove its work for the Client from the Internet if payments are not received.
Additional Expenses
Client agrees to reimburse Lubicode for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography etc.
Web Browsers
Lubicode 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, Google Chrome, etc.). Client agrees that Lubicode cannot guarantee correct functionality with all browser software across different operating systems.
Lubicode cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website have been designed and handed over to the Client. As such, Lubicode 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.
Default
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 Lubicode Web space, Lubicode will, at its discretion, remove all such material from its web space. Lubicode 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. Cheques returned for insufficient funds will result in the Client’s account being immediately be considered to be in default until full payment is received. Clients with accounts in default agree to pay Lubicode reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Lubicode in enforcing these Terms and Conditions.
Termination
Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. Telephone requests for termination of services will not be honoured until and unless confirmed in writing. The Client will be invoiced for work completed to the date of first notice of cancellation for payment in full within thirty (30) days.
Indemnity
All Lubicode services may be used for lawful purposes only. You agree to indemnify and hold Lubicode harmless from any claims resulting from your use of our service that damages you or any other party.
Copyright
The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Lubicode 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 Lubicode permission and rights for use of the same and agrees to indemnify and hold harmless Lubicode 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 Lubicode that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
Standard Media Delivery
Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format (ASCII text files delivered on thumbdrive, e-mail or FTP) and that all photographs and other graphics will be provided physically in high quality print suitable for scanning or electronically in .gif, .jpeg, .png or .tiff format. Although every reasonable attempt shall be made by Lubicode to return to the Client any images or printed material provided for use in creation of the Client’s website, such return cannot be guaranteed.
Design Credit
A link to Lubicode will appear in either small type or by a small graphic at the bottom of the Client’s website. If a graphic is used, it will be designed to fit in with the overall site design. The Client also agrees that the website developed for the Client may be presented in Lubicode portfolio.
Access Requirements
If the Client’s website is to be installed on a third-party server, Lubicode must be granted temporary read/write access to the Client’s storage directories which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.
Post-Placement Alterations
Lubicode 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.
General
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.
Liability and Warranty Disclaimer
Lubicode 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;
- Loss or damage to clients’ artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.
The entire liability of Lubicode 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.
The Client agrees that Lubicode is not liable for any bugs, performance issues, virus, trojan, or malware attacks or failure of their WordPress (and WooCommerce) software as WordPress (and WooCommerce) is open-source software distributed under the GPL (?GNU General Public License?) and is maintained and developed by a community of thousands of users and developers. Any bugs, performance issues or failure with the software will be directed to the WordPress (and WooCommerce) Development community via WordPress (and WooCommerce).org. It will be necessary to regularly update WordPress, WooCommerce, and any plugins (and any other software used in the website). Unless a quote is opted for the client then updates are NOT the responsibility of Lubicode. Therefore Lubicode cannot be held responsible for any faults, bugs, viruses, trojans, malware etc., or problems occurring on the site or with the hosting.
If the client chooses not to host the website on Lubicode hosting solution then Lubicode reserves the right to not upload the website or set-it-up on the clients hosting solution, this will be the sole responsibility of the client. The client will be solely responsible for ensuring the website is functional and secure on their hosting solution. Lubicode will in no way be held responsible for the website or any resulting issues. Should the client allow access to their hosting for the purpose of uploading the website, fixing bugs on the website, or any other request made by the client in writing (email) then Lubicode will in no way be held responsible for any faults or issues occurring on the website or the clients hosting. Responsibility for any problems on their hosting solution will lie solely with the client and not Lubicode.
Lubicode is in no way responsible for the data on the client’s website. It is the client’s responsibility to backup all data.
Should Lubicode replace an existing website created by anyone else other than Lubicode (either on the clients or developers hosting) then the client is responsible to make suitable backups before the new website can be uploaded. Once the new website is live Lubicode can in no way be held responsible for the previous website.
Lubicode endeavours to provide a website within given delivery timescales to the best of its ability. However, the Client agrees that Lubicode is not liable for any claims, losses, costs incurred or compensation due to any failure to carry out services within a given delivery timescale.
The Client agrees that Lubicode is not liable for any failure to carry out services for reasons beyond its control, including but not limited to acts of God, telecommunication problems, software failure, hardware failure, third party interference, Government, emergency on a major scale or any social disturbance of extreme nature such as industrial strike, riot, terrorism and war or any act or omission of any third party services.
Lubicode is not liable for any consequences or financial losses such as, but not limited to, loss of business, profit, revenue, contract, data or potential savings, relating to services provided.
On handover of files from Lubicode to Client, the Client shall assume entire responsibility in ensuring that all files are functioning correctly before use.
Whilst every effort is made to make sure files are error free, Lubicode cannot guarantee that the display or functionality of the web design or the website will be uninterrupted or error-free. If, after handover of files, errors are found in code Lubicode has created and the standard development platform, domain name set-up and hosting set-up are the same as when work began, then Lubicode can correct these errors for the Client free of charge for a period of 3 months, after acceptance of the work. After the 3-month period, Lubicode reserves the right to quote separately for any work involved in correcting an error.
If, after handover of files, errors are found in code Lubicode has created and the standard development platform, or the domain name set-up or hosting set-up has been changed, Lubicode can correct errors and reserves the right to quote separately for any additional work needed as a result of changes to the browser software, domain name set-up or hosting set-up.
Should the Client go into compulsory or involuntary liquidation or cannot pay its debts in the normal course of business, Lubicode reserves the right to cancel forthwith any projects and invoice the Client for any work completed.
Lubicode shall have no liability to the Client or any third parties for any damages, including but not limited to claims, losses, lost profits, lost savings, or other incidental, consequential, or special damages arising out of the operation of or inability to operate these web pages or website, even if Lubicode has been advised of the possibility of such damages.
There are sometimes laws and taxes that affect Internet e-commerce. The Client agrees that it is their responsibility to comply with such laws and will hold harmless, protect, and defend Lubicode and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the Client?s exercise of Internet e-commerce.
Lubicode may from time to time recommend to the Client that updates are needed to their site, including but not limited to new legislation compliance, software compatibility and web standards. Lubicode reserves the right to quote for any updates as separate work. The Client agrees that Lubicode is not liable for any failure to inform or implement these updates to their site. The Client agrees that it shall defend, indemnify, save and hold Lubicode harmless from any and all demands, liabilities, costs, losses and claims arising from omission to inform or implement these updates.
Severability
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.