Terms and conditions
of web development
Terms and conditions
This terms and conditions define how a service contract is implemented between IBSellNet and its customers.
Interpretation of these terms and conditions:
Ibsell NET SRL
Castelului nº 120,
Registration number: 37428376
Registration code: J08/912/2017
VAT nº: RO39241330
The individual or legal entity that receives the services of the company.
Acceptance of these terms and conditions by the customer:
These terms and conditions are visible from any page of the company's website, and the client must read them carefully. From the moment the client accepts a quote from the company, he accepts that he has read and accepted these terms and conditions, without having to have signed them, given that the link to these terms appears in all budgets.
The company reserves the right to add, remove or modify any provision of these terms and conditions at any time and without prior notice. Failure to notify a change in these terms and conditions does not invalidate that change.
Payment of services to the company:
All prices provided by the company are without VAT unless otherwise specified.
The price of the services provided by the company is defined in the estimate that the client receives by email. The estimate issued by the company are valid for a period of 30 days unless it indicates otherwise. After that period the company reserves the right to alter the estimate for the same services.
The company reserves the right to alter the estimate if the client proposes any type of change or for causes it deems appropriate, and in any case, an estimation has no contractual value until the company and the client formalize the start of the project by means of payment of the first invoice.
Unless otherwise agreed with the customer, the company will charge in advance 50% of the total price of the project commissioned by the customer. The customer will pay the remaining 50% at the end of the project, upon delivery by the company of the files for migration. The company will not start any project until the client has paid the initial 50% and will not deliver the files of any project until it has received the final 50% payment.
The payment for the services will be done through bank transfer; the costumer will send the receipt to the company by email.
The company will agree with the client the delivery times before the acceptance of the estimation, and undertakes to respect them as much as possible.
For its part, the customer agrees to provide the contents of the website (texts, images, videos, graphics, sound files) at the time of making the initial bank transfer with 50% of the total price of the project in advance.
Requirements to install the web:
If the client requires that their website be installed on a server of their choice, they agree to provide the company with temporary access to their hosting via FTP. Depending on the specific nature of the project, the company may also need client access to other server resources.
The development of the project, until it is finished, will be done on a test server owned by the company. The client will have access to his web in the test server to review the changes in his project.
All the web projects of the company include the migration to a hosting once the project is finished, as long as the latter is a Linux hosting with MySQL databases in the companies Cdmon, 1and1, Arsys, Digital Ocean or Wetopi. For migrations to other hostings the company reserves the right to invoice the time invested in studying its control panel.
Once the web has been migrated, the maintenance of the hosting will be charged to the client, unless you contract web maintenance with the company (see section "Maintenance of the website once delivered"). The company does not work in any case with hostings that are not Linux, since they do not work optimally with WordPress websites.
Copyright of content:
The customer agrees to provide unpublished content that they own. The company reserves the right to ask the client for documentary justification of the authorship of texts, photos and videos, and in no case will use in the development of the web project material that is not owned by the client.
In any case, the customer will be liable for the copyright of the material used on its website in the event of possible requirements of the relevant authorities and will keep the company harmless from possible claims by third parties for negligence or inability to obtain the copyright of the contents.
Compliance with the GDPR:
Unless company and client agree otherwise, the client will be entitled to two revisions of changes in his web project. Such revisions will involve minor modifications (typographies, photographs, inclusion or exclusion of elements, etc.), no involve substantial design revisions (changes in the structure of the web, layout of the sections, additional programming of web features, etc.)and no substantial content revisions (texts, images, etc.).
It is the company who will assess the extent of the changes requested and shall inform the customer if they involve an additional commitment that requires an expanding budget. If the client requests a substantial revision, the company estimate requested changes and will add to the overall budget, so that the customer pays at the end of the project.
Absence of 'feedback' by the client:
The company is a business that to be competitive needs to be efficient. To achieve this, it must be ensured that scheduled projects are carried out within the expected deadlines. Sometimes the company may even have to reject estimation requests and projects to ensure that ongoing projects are delivered within the agreed deadlines.
The company will not start any project if it does not have in advance the contents well classified and ready for inclusion in the web, unless it agrees otherwise with the client or that the client has contracted the services of content provision to the company. Customers who hire an SEO strategy for their web projects, for example, must take into account that it is essential to deliver the content in advance in order to plan the web structure and review the most appropriate keywords to position better in search engines.
If at the beginning of the project the client has committed to the company to contribute content and it takes more than a week from it to do so, the company reserves the right to close the project and not return the amount of the initial transfer of 50% of the total.
If, during the development of the project, the client incurs continuous delays of more than a week in delivering missing content or in reviewing the changes, the company reserves the right to impose a surcharge of 5% on the final price of the project for each week delay. If the client continues to incur delays, the company reserves the right to unilaterally rescind the project, deliver it in a file in its current state and pass the client the invoice with everything worked to date.
In short, the client must ensure that at the time of starting the web project is prepared to provide everything a company needs to efficiently provide their services or, otherwise, not engage with the company until it is.
Excessive ‘feedback’ by the client:
The client accepts that the company has several ongoing projects and therefore can not provide continuous feedback, beyond the specific needs that may arise during the project.
On the other hand, the client accepts that, in order to be competitive in prices and quality, the company can not meet face-to-face unless the estimation includes meetings or agrees otherwise with the client. The company prioritizes emails as a means of communication with the client. If the client requires any additional meeting in the middle of the project, the company reserves the right to expand the estimate to include the time invested in the meeting or exchange it for a Skype call or similar, which would also be included in the final budget, if you can not attend due to agenda issues.
Cancellation of a project:
The client has the right to cancel a project, as long as it is done in writing. The company will issue an invoice for the amount of work done up to the date of the notification that must be paid by the client before the end of the same month.
Operation of the websites in different devices and browsers:
The company is committed to adapting web projects to the main devices and most used browsers (Firefox, Internet Explorer in its latest versions, Google Chrome, etc.), but can not guarantee the functioning of all web features with browsers that have certain extensions and that work with certain types of operating systems. The client accepts this condition, as well as the fact that the company is not responsible for the subsequent adaptation of the page to new versions of browsers and devices, reserving the right to estimate separately. The client also accepts that the company does not physically have all the devices on the market to directly test their websites and that it uses simulators, which may very rarely not coincide 100% with the display of the device in question.
Management of the web or the online store:
The company delivers websites and online stores that are easy to self-manage. However, the client accepts that they must have a basic knowledge of used CMS’s; ex. WordPress (text management, addition or deletion of pages and menus, etc.) or WooCommerce (text management, prices, coupons and promotions, addition or deletion of products, etc. .) In case the client needs screenshots or tutorials of any kind written or in video, the company will estimate it separately.
The client accepts that the self-managed concepts do not include those that can cause an uncertaintment of the design, such as sizes, colors and types of source, measurement of the images, footer, proportions of the sections, etc. The company will not be responsible for the mismatch of the design for the modifications made from the code or those made by self-managed modules that do not respect the initial configuration, for example, changes of photos by others with different measures or proportions, more texts long or shorter than those present in the initial version, among others.
On the other hand, the client accepts that the projects do not include specific plugins of web analytics, data management or stocks, billing, taxation or others that do not come by default with the used CMS unless otherwise agreed with the company.
Website maintenance after delivery:
The company delivers to the client a web in perfect operation, which the client must check at the time of delivery. The needs of any kind that arise to the client for its website after delivery will be estimated separately and will be carried out according to the availability of the company, including those of an urgent nature (web server fall, slow loading, viruses in databases or others) and those of a periodic nature (adaptations of the web to new versions of browsers or devices, updates of plugins and software, etc.)
In this concept also includes the update of the web content manager (WordPress or similar), the plugins used or the solution of errors that the client has committed to modify their website or any need that may arise after the delivery, including counseling. Of course, the customer needs that will be budgeted separately also include any management with the domain or hosting.
In the event that the client contracts the web maintenance services, he / she is entitled to the company to meet the aforementioned needs in accordance with the conditions of the service modality that has been contracted, excluding substantial changes to the website, which are not included in the web maintenance modality (see specific conditions of each service). The company reserves the right to estimate separately the modifications derived from a manipulation of the code by the client, even if he has hired the web maintenance service.
Domain and hosting maintenance:
The company will place the domains that the customer needs to buy on the customer's name, who will be responsible for the payment of their annual fee by means of a credit card or the form of payment that they want.
In case the client contracts web maintenance services to the company, which are associated with the hosting offered by the company, they will not have to assume additional costs because the price of the hosting is included in the web maintenance fee.
In case the client wants to cancel the web maintenance service with the company, the client must first migrate his web to another hosting of his choice, he can not keep the one provided by the company, since the two services are contractually linked. In the case of needing that the migration to the new hosting is done by the company, it will estimate that migration separately.
Web development credits:
The client's website will not contain any reference to the company, however, the client accepts that the company includes its website in its portfolio.