By engaging with Rogue Creative Ltd. in business the client therefore agree to the following.
ROGUE CREATIVE DUBLIN STANDARD TERMS & CONDITIONS
These are the standard terms and conditions for all Rogue Creative Ltd. services and apply to all contracts verbal, electronic or written and to all work undertaken by Rogue Creative Ltd. for its clients.
OUR FEES AND DEPOSITS
Special offer fees are subject to change and are not tied to the standard 50/50 rule that our company’s policies dictate.
A 50% deposit of the total fee payable under our proposal is due immediately upon the client instructing us to proceed with any works. The remaining 50% shall become due when the work is complete to the clients reasonable satisfaction but subject to the terms of the “approval of work” and “rejected work” clauses. We reserve the right not to commence any work until the deposit has been paid in full.
The 50% deposit is only refundable if we have not fulfilled our obligations to deliver the work required under the agreement. The deposit is not refundable if the development work has been started and the client terminates the contract through no fault of Rogue Creative Ltd.
SUPPLY OF MATERIALS
The client must supply all materials and information required by us to complete the work in accordance with any agreed specification. Such materials may include, but are not limited to, photographs, written copy, logos and other printed material. Where there is any delay in supplying these materials to us which leads to a delay in the completion of work, we have the right to extend any previously agreed deadlines by a reasonable amount of time.
Where the client fails to supply materials, and that prevents the progress of work, we have the right to invoice the client for any part or parts of the work already completed.
We are pleased to offer the client the opportunity to make revisions to the design. However, we have the right to limit the number of design proposals to a reasonable amount and may charge for additional designs if the client make a change to the original design specification.
Our website development phase is flexible and allows certain variations to the original specification. However any major deviation from the specification will be charged at the rate of €100.00 per hour.
PROJECT DELAYS AND CLIENT LIABILITY
Any time frames or estimates that we give are contingent upon the clients’ full co-operation and complete and final content in photography for the work pages. During development there is a certain amount of feedback required in order to progress to subsequent phases. The client is required to provide a single point of contact who can be made available on a daily basis in order to expedite the feed back process.
APPROVAL OF WORK
The client will be notified upon completion of the work; at such time the client has the opportunity to review the work. The client must notify Rogue Creative Ltd. in writing of any unsatisfactory points within 7 days of such notification. Any of the work that has not been reported in writing to us as unsatisfactory within the 7-day review period will be deemed to have been approved. Once approved, or deemed approved, work cannot subsequently be rejected and the contract will be deemed to have been completed and the 50% balance of the project price will become due.
We will invoice the client for the 50% balance of the project before any files are handed over or before site goes live.
WARRANTY BY THE CLIENT AS TO OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS
The client must obtain all necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names and trade marks, or any other material that the client supply to us to include in the clients website or web applications.
The client must indemnify us against any claims or legal actions related to the content of the clients website.
Once the client has paid us in full for our work we grant to the client a license to use the website and its contents for the life of the website. The client will buy any professional 3rd party software that must have a licence; Rogue Creative Ltd will supply links to the relevant 3rd party software’s. The use of 3rd party software may not be disclosed at the beginning of the project.
We do not guarantee any specific position in search engine results for the clients website. We perform basic search engine optimisation according to current best practice.
We shall not be liable for any loss or damage, which the client may suffer which is in any way attributable to any delay in performance or completion of our contract, howsoever that delay arises.
To the full extent permitted by law, all terms, conditions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise (other than the express provisions of these terms and conditions) relating in any way to the services we provide to the client are excluded. Without limiting the above, to the extent permitted by law, any liability of Rogue Creative Ltd. under any term, condition, warranty or representation that by law cannot be excluded is, where permitted by law, limited at our option to the replacement, re-repair or re-supply of the services or the payment of the cost of the services that we were contracted to perform.
We reserve the right to subcontract any services that we have agreed to perform for the client as we see fit.
We (and any subcontractors we engage) agree that we will not at any time disclose any of the client’s confidential information to any third party.
The client agrees to reimburse us for any requested expenses which do not form part of our proposal including but not limited to the purchase of templates, third party software, stock photographs, fonts, domain name registration, web hosting or comparable expenses.
The client is responsible for maintaining the clients own backups with respect to the clients website and we will not be held liable for restoring any client data or client websites except to the extent that such data loss arises out of a negligent act or omission by us.
OWNERSHIP OF DOMAIN NAMES AND WEB HOSTING
We will supply to the client account credentials for domain name registration and/or web hosting that we purchased on the clients behalf when the client reimburses us for any expenses that we have incurred. If the client elects to have the website hosted with a company of our choosing that is shared with other clients, access to the hosting and site may be limited or denied to the client.
The agreement constituted by these terms and conditions and any proposal will be construed according to and is governed by the laws of Ireland. The client and Rogue Creative Ltd. submit to the non-exclusive jurisdiction of the courts of Ireland in relation to any dispute arising under these terms and conditions or in relation to any services we perform for the client.
CROSS BROWSER COMPATIBILITY
By using current versions of well supported content management systems such as “Joomla, Wordpres etc.”, we endeavour to ensure that the web sites we create are compatible with all current modern web browsers such as the most recent versions of Internet Explorer, Firefox, Google Chrome and Safari. Third party extensions, where used, may not have the same level of support for all browsers. Where appropriate we will substitute alternative extensions or implement other solutions, on a best effort basis, where any incompatibilities are found.
The client is responsible for complying with all relevant laws relating to e-commerce, and to the full extent permitted by law will indemnify Rogue Creative Ltd. and its subcontractors from any claim, penalty, tax, tariff loss or damage arising from you or your clients’ use of Internet electronic commerce.
Rogue Creative Ltd. are not liable for any losses, damages or penalties sustained as a result directly or indirectly from the use of our products or services.
If the client rejects any of our work within the 7-day review period, or not approve subsequent work performed by us to remedy any points recorded as being unsatisfactory, and we, acting reasonably, consider that the client has been unreasonable in any rejection of the work, we as Rogue Creative Dublin elect to treat this contract as at an end and take measures to recover payment for the completed work.