Terms and conditions
IMPRINT
Responsible: Julia Lohfink
Y8054038G
FLUSScreative
Pere Aleixandre 42
Valencia, 46006
HI@FLUSSCREATIVE.COM
ES 621 322 133
1 – PROJECT TERMS
All estimates/quotes are based on our understanding of your requirements and as per given time-frame. Any changes to the functionality, including micro-improvements, may incur additional costs accordingly. Please ensure and clarify our understanding in a face to face meeting.
By accepting a quote, you agree to and accept the terms and conditions of FLUSScreative Acceptance can be verbal, by email, payment of initiation, signing a quote.
Clients must provide us with clear guidelines along with the flow or specific details they may require. When such details are not provided, we will proceed with our understanding of the requirements and quote accordingly. At a later stage, if a discrepancy arises, it may lead to additional costs to accommodate the changes. Thus, it is essential that you clarify every aspect of your website development and ensure that you have been quoted on the right requirements.
Any complexity related to specific tasks, must be advised in advance and included in the proposal for costing purposes. We operate in good faith and rely on our clients to disclose the full picture at the time of quotation. Any discrepancy arising due to unclear requirements will not be borne by FLUSScreative.
FLUSScreative will make every effort to complete the project/changes in the given timeframe. Reasonable delays are accepted if functionalities are redefined or modified.
Any delays at client’s end, may delay the project and proposed timeframes and may incur additional costs.
Any re-work on an already completed task will attract additional charges (except priorly agreed feedback loops). Any changes in the design after the design approval will incur additional charges.
Any modifications requested during the development or after the Go-Live approval will incur additional charges. All additional work, over and above the estimates is charged separately. Under no circumstances will FLUSScreative be liable for any delays caused by change in the project brief.
Website/application content and all related materials need to be provided to us within the first two weeks of starting the project. Any delays thereafter may delay the project and may incur additional charges if it goes beyond reasonable timeframe.
Our websites/applications are generally tested on PCs and include near recent versions of following browsers: Firefox, Chrome & Safari. If you require testing to be done on any other browser, please let us know in advance.
Responsive/multi-device compatible web pages are tested on iPhone and Android. If you require testing to be done on any other device, please discuss it in advance.
Please note that at any stage during the project, stalling of the project for over two calendar months will incur €99/week administration costs. Furthermore, it may increase the previously approved estimates. If you require the project to be put on hold, please advise us in writing in advance. To put the project on hold without incurring additional charges, we will need the account to be up to date based on the work done. Further details can be discussed if such a situation arises.
FLUSScreative software codes (not including open source software) are copyrights of FLUSScreative. The codes can be handed over at an additional cost for use once all previous invoices are settled, on the condition that the codes are used only for use or modification for re-use for further development for the specified client or subsequent owners of that legal entity. Under no circumstance, the codes will be allowed to be used for re-selling or duplication purposes.
Depending upon the functionalities required, there may be 3rd party components such as Third Party Payment Gateways or SSL certificates involved in building a website/application. Although FLUSScreative does its best in recognising the suitability of any such component, any unforeseen limitations of 3rd party components are beyond our control. Any third-party component purchase costs (such as SSL, Payment gateway, Google Adwords, Plug-in licenses etc) are not included in our quotes.
FLUSS creative takes no responsibility of any open source products such as WordPress, Open Source carts, Joomla etc. It is clients’ responsibility to update all components and third party software. We suggest you to take regular back-ups to avoid any disruptions.
The client must recognize that at times there may be unforeseen circumstances that will delay the development process, particularly with reference to the integration of third party software. We will try our best to complete the project as agreed in the proposal. As long as it is within a reasonable period, the client agrees not to penalize us for any genuine delay, when every effort to keep the project on the proposed schedule is taken.
Domain registration/renewal etc charges are not included as a part of any project/proposal unless mentioned otherwise. If required, a quote for which will be submitted separately and approved by the client.
Hosting charges are not included in the quotations unless mentioned otherwise. FLUSScreative can organise an appropriate hosting solution if required, a quote for which will be submitted separately and approved by the client. Where clients decide to organise their own hosting, we should be consulted before finalising the type of hosting and database, as it should meet the requirements of the technology used for the development. Please note that we’ll require full access with hosting support for testing and deploying the application. FLUSScreative will not be liable for any delays or errors caused by direct or indirect actions of the hosting company.
Nothwithstanding any other provision in the agreement, in consideration of the Customer entering into this agreement with FLUSScreative, upon full payment of any outstanding invoices, FLUSScreative will grant an unconditional license to the Customer to reproduce, publish, communicate, use, exploit, vary, or otherwise deal with 1) the graphics, 2) texts and 3) images used in the published website and associated of form and functionality. This will not include the intellectual property relating to the production of the website including the digital strategies, programming codes, database structures, scripts, forms or functionalities.
All communications/correspondences are generally done via emails. It is client’s responsibility to keep us updated with their relevant email addresses.
2 – PAYMENT AND REFUNDS
FLUSScreative reserves the right to negotiate and refund appropriate portion of the amount paid by customer towards the requested service. If clients cancel their order after making the payment, but the work has not commenced, FLUSScreative will refund 75% of the payment that has already been made. If the order is cancelled after the commencement of work, the maximum refund or charge will be 50% of the invoice. There will be no refund or adjustments if cancellation is called when more than 50% of the work has been completed. All cancellations must be received in writing and can be sent via email. Telephone requests on cancellations will not be accepted.
For minor or once-off works, payments need to be made either in advance or as per the terms mentioned in the invoice/proposal. If you require any changes to the terms, you must inform us in writing per email within two working days of the receipt of the same.
Late fees and charges: All outstanding invoices will incur a late payment fee of 10% of the pending amount and an administration fee of €5.50 per month, from the due date.
Due date: Is the date on which the payment is due as per the terms on the invoice/proposal.
Outstanding Invoice: An invoice is deemed to be outstanding if the payment is still due after 14 natural days of the expiry of the due date.
Debt Collection: Client is provided a further 7 natural days after late payment fee is applied to pay the invoice. Failure to pay will result in the outstanding amount referred to a debt collector. FLUSScreative will not be liable for any costs or charges associated with the recovery of the outstanding amount. Any charges associated with the recovery of the outstanding amount (debt collectors, administration charges, legal fees) will be referred to the client for processing.
If you are late with a payment or have any queries regarding the Invoice, please contact us per email upon receiving the invoice or reminder emails.
All communications/correspondences are generally done via emails. It is client’s responsibility to keep us updated with their relevant email addresses.
3 – INTELLECTUAL PROPERTY
All content of this website is a property of FLUSScreative unless otherwise specified. FLUSScreative reserves the right to change the content or policies without any prior notice.
The project related copyrights can be transferred to the client at an additional cost, after the full payment of the project and upon signing the Certificate of Acceptance. FLUSScreative reserves the rights to refuse the transfer of ownership if irregular circumstances arise.
Copyrights handed over to the client do not include rights to re-use the code for another website or re-sell the programming codes for any commercial or non-commercial purposes. In the case of business restructuring or ownership change, ownership of the website may be transferred from one owner to another. New owners are not allowed to re-sell or re-use for any commercial or non-commercial purpose.
In an event of a Webmaster change, site owners are not allowed to display the credits to the new website, unless such time that the website functionality and appearance is changed by over 50% of FLUSScreative’s original work.