Terms & Conditions
The following terms and conditions apply to all website design/development services provided by DataDyne Consulting LTD to the Client.
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.
Charges for services to be provided by DataDyne Consulting LTD are defined in the project quotation that the Client receives via e-mail or other means. Quotations are valid for a period of 30 days. DataDyne Consulting LTD 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 forty percent of the project quotation total before the work is supplied to the Client for review. The remaining balance must be paid no more than 14 days after project completion
Payment for services is acceptable by bank transfer, cheque and in some cases cash. Bank details will be made available on invoices
Please note: Prices quoted a subject to change based on volume of work/hours needed to complete. Our standard rate is €75 per hour unless otherwise quoted/agreed upon.
DataDyne Consulting will provide the Client with an opportunities 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 DataDyne Consulting LTD otherwise within ten (10) days of the date the materials are made available to the Client.
Turnaround Time and Content Control
DataDyne Consulting LTD 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 DataDyne Consulting LTD receiving initial payment, unless a delay is specifically requested by the Client and agreed by DataDyne Consulting LTD.
In return, the Client agrees to delegate a single individual as a primary contact to aid DataDyne Consulting LTD with progressing the commission in a satisfactory and expedient manner.
During the project, DataDyne Consulting will require the Client to provide website content; text, images, movies and sound files & any other content proposed for the website design.
Failure to provide required website content:
DataDyne Consulting LTD is a small business, and thus 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 of up to 25%. If your project involves Search Engine Optimisation we need the text content for your site in advance so that the SEO can be planned and completed efficiently.
If you agree to provide us with the required information and subsequently fail to do within one week of project commencement we reserve the right to close the project and the balance remaining becomes payable immediately. Simply put, all the above condition says is do not give us the go ahead to start until you are ready to do so.
NOTE: Text content should be delivered as a Microsoft Word, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website. These pages should have the same titles as the agreed website pages.
Invoices will be provided by DataDyne Consulting LTD 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. Accounts that remain unpaid ten days after the date of the invoice will be assessed a service charge in the amount of the higher of one and one-half percent (1.5%) or €50 per month of the total amount due.
All deposits are non refundable under any circumstance. After website completion (cleared for launch by client) and final payment is made, no refunds will be issued under any circumstance.
Client agrees to reimburse DataDyne Consulting LTD for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography etc.
DataDyne Consulting 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 DataDyne Consulting LTD cannot guarantee correct functionality with all browser software across different operating systems.
DataDyne Consulting LTD test all projects and work on all browsers that are modern and up to date. We are not supporting versions of Internet Explorer below IE11
DataDyne Consulting LTD 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, DataDyne Consulting LTD 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.
Accounts unpaid 10 (10) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on DataDyne Consulting LTD Web space, DataDyne Consulting LTD will, at its discretion, remove all such material from its web space. DataDyne Consulting LTD 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. Clients with accounts in default agree to pay DataDyne Consulting LTD reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by DataDyne Consulting in enforcing these Terms and Conditions.
DataDyne, Under no circumstances, shall allow a Client access to any website, application, software, technical system, development activity, marketing or graphical elements, or other works performed, when an outstanding balance is due. DataDyne shall not provide access to any backups or code related assets until all debts have been cleared. DataDyne shall own all intellectual property created until the Client has cleared account balances.
Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. E-mail or telephone requests for termination of services will not be honoured until and unless confirmed in writing. The Client will be invoiced for design work completed to the date of first notice of cancellation for payment in full within thirty (30) days.
All maintenance plans are for a minimum of 12 months (unless otherwise specified). Cancellation within the first 12 months will require full payment of the remainder of the plan and must be submitted with a written notice.
All DataDyne Consulting LTD services may be used for lawful purposes only. You agree to indemnify and hold DataDyne Consulting LTD harmless from any claims resulting from your use of our service that damages you or any other party.
The Client retains the copyright to data, files and graphic logos provided by the Client, and grants DataDyne Consulting LTD 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 DataDyne Consulting LTD permission and rights for use of the same and agrees to indemnify and hold harmless DataDyne Consulting LTD 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 DataDyne Consulting LTD 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 USB stick or via 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. All types of graphics and media should be submitted in the form they wish to published live and will not be edited by DataDyne Consulting LTD. Although every reasonable attempt shall be made by DataDyne Consulting LTD 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.
A link to DataDyne Consulting LTD 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. If a client requests that the design credit be removed, a nominal fee of 10% of the total development charges will be applied. When total development charges are less than €5000, a fixed fee of €300 will be applied. The Client also agrees that the website developed for the Client may be presented in DataDyne Consulting LTD portfolio & other advertising avenues.
DataDyne Consulting LTD 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.
DataDyne Consulting LTD may purchase domain names on behalf of the Client. Payment and renewal of those domain names is the responsibility of the Client. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of DataDyne Consulting LTD. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.
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.
This Agreement shall be governed by Irish Law.
DataDyne Consulting LTD 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 DataDyne Consulting LTD 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.
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.