General Terms of Service

The following terms and conditions document is a legal agreement between Alastair Morton, of www.sortedspain.com hereafter referred to as “Web Developer” and “Client” for the purposes of web site design,development and internet marketing. These Terms and Conditions set forth the provisions under which the Client may use the services supplied.

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The Web Developer is an Internet marketing and web design provider offering the Client graphical design, managed hosting and website support. Property listing systems and software offered by the web developer are strictly subject to a separate license agreement which can be viewed here.

2.ACCEPTANCE OF WORK

a) Quotations are valid for 30 days from date of issue. The Web Developer will carry out work only where an invoice has been paid by the Client for the work, unless otherwise agreed in writing and at The Web Developers sole discretion. When the Client places an order to purchase a web site or web site updates from The Web Developer, the order represents an offer to The Web Developer to purchase the web site or web site updates which is accepted by The Web Developer only when an invoice is sent to the Client.

b) No contract for the supply of services exists between Client and The Web Developer until The Web Developer sends an invoice to the Client for payment. The invoice equals acceptance by The Web Developer (or third party supplier) of Clients offer to purchase services from The Web Developer and this acceptance of work is a valid contract between Client and The Web Developer. Invoices are sent by email either via PAYPAL (for subscription billing) or from the www.sortedspain.com website and can be accessed using the login supplied to the Client at the time the first invoice is sent out. Failure to access an invoice does not invalidate any contract, as duplicate invoices can be requested at any time. Client understands that extra charges may be levied for the sending of duplicate invoices either by post or email.

c) Any other services on the order which have not been included in the invoice do not form part of the contract. The Client agrees to check the details of the invoice are correct and should print and keep a copy for their records. The Web Developer is liable to withdraw from contract at any time prior to acceptance. Additional work requested by the Client which is not specified in the agreed quotation is subject to an additional quotation by the Web Developer on receipt of specification. If the work is needed as part of an existing project then this may effect the overall delivery time of the project.

d) Client agrees to provide any needed information and content required by The Web Developer in good time to enable The Web Developer to complete a design or web site work as part of an agreed project. Any work is subject to a minimum charge of 60 Euros plus local taxes.

3.PERMISSION AND COPYRIGHT

a) All pages, images, text and code on The Web Developer's web site at http://www.sortedspain.com/ is copyrighted material. Client and any visitors to the Web Developer's web site at http://www.sortedspain.com/ may not use any of the pages, images, text or code on the web site for use on Client's or visitors own web site or to create a web site or templates without prior written permission from The Web Developer.

b) Copyright of the completed web designs, images, pages, code and source files created by The Web Developer for the project shall be with the Client upon final payment and writen acknowledgement from the Web Developer that payment has been made in full. Without agreement, ownership of designs and all code is with the Web Developer. Client agrees that resale or distribution of the completed files is forbidden unless prior written agreement is made between the Client and the Web Developer.

c) Client hereby agrees that all media and content made available to The Web Developer for use in the project are either owned by the Client or used with full permission of the original authors. The Client agrees to hold harmless, protect and defend The Web Developer from any claim or suit that may arise as a result of using the supplied media and content.

d) Client agrees that The Web Developer may include development credits and links within any code The Web Developer designs, builds or amends. If The Web Developer designs a web site for a Client then Client agrees that The Web Developer may include a development credit and link displayed on the Clients web site. If The Web Developer builds or amends a web site for a Client then Client agrees that The Web Developer may include a development credit and link displayed on the Clients web page, which may be within the code but not displayed on a web browser if requested by Client. Client agrees that The Web Developer reserves the right to include any work carried out for the Client in a portfolio of work.

4.MATERIAL

The Web Developer reserves the right to refuse to handle: a) Any media which is unlawful or inappropriate; b) Any media which contains a virus or hostile program; c) Any media which constitutes harassment, racism, violence, obscenity, harmful intent or spamming d) Any media which constitutes a criminal offence, infringes privacy or copyright

5.DOMAIN NAMES AND HOSTING

a) The Web Developer can at it's 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 endorsement of the right to use the name. The Client is responsible for ensuring they have due title to the domain name. The Web Developer holds no liability and the Client hereby agrees to indemnify and hold harmless the Web Developer from any claim resulting from the Client's registration of a domain name.

b) The domain name is registered in the Client's own name, address and contact details. 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. Client agrees to take all legal responsibility for use of third party domain name and hosting services and supplies truthful details to the third party services.

c) The Client agrees that information submitted for registration of Domain names is then available the general public via the Nominet Whois system. However, Clients that are using their web site 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 The Web Developer for any domain name registrations and the initial set up of the hosting if included as part of the web site build.

d) Any support relating to the domain name, hosting and email services are to be made between the Client and the third party service.

e) Any other domain name and hosting services or costs not included by The Web Developer, including, but not limited to, further domain name registration fees, domain name transfer charges, yearly domain name renewals, hosting charges, yearly hosting renewals, hosting upgrade, extra disk space, bandwidth and any other related or hidden charges are to be paid by the Client to the third party services.

f) The Client agrees to pay the domain 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.

g) 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 and hosting services are not received by the Client.

i) Payment for domain and hosting services are to be made immediately on receipt of invoice from the third party service.Failure to comply with the payment terms may result in the Clients domain name becoming available to another party and/or the web site and email services becoming unavailable.

j) Client agrees to pass on FTP details and any other access details relating to their domain name and hosting account which the Web Developer requires to upload the web site if required as part of a project.

k) The Web Developer reserves the right without notice to cancel, reject or refuse work with domain names or hosting services without reason for such rejection or refusal.

l) 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 the Web Developer from any claim resulting from the Client's publication of material and use of the domain name, hosting and email services.

m) 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.

6.CUSTOM WEB DESIGN PACKAGE

a)For web site graphic designs as part of the "Custom web design package" offered on the web site at http://www.sortedspain.com/, The Web Developer will design a layout of the site based on specifications made by the Client in the order form or as agreed by The Web Developer. All pages of the site will use the same design layout which will surround the centre content to the top, left, right and bottom of the page. The Web Developer reserves the right to quote separately for any additional different design layouts to surround the centre content to the top, left, right and bottom of any page. If Client chooses to use imagery in the design they may provide 2-4 images of their choosing to the Web Developer for use in the design layout, or The Web Developer can use 2-4 generic stock images.

b) If Client has a logo they can provide it to the Web Developer for use in the design layout, or the Web Developer will create a simple web site logo. The Web Developer will make available to the Client a watermarked version of the design layout for approval. It is important that Client communicates information to the Web Developer to achieve the required result.

c) Client agrees that they are permitted up to 3 hours of alterations to the layout. All alterations are to be requested in writing either by email or postal mail by the Client. After the 3 hours of alterations have been completed, The Web Developer reserves the right to advise the Client of such, and send a separate quotation to the Client and to request payment for any further alterations.

d) The Web Developer reserves the right to request payment be received for further alterations before continuing work. Upon completion of agreed design the Client is asked to confirm in writing by email or postal mail that the design and the screen size is signed off as complete and agree that any further design alterations are chargeable.

e) For web site build coding as part of the "Custom web design package" offered on the web site at http://www.sortedspain.com/, The Web Developer will build the site based on the specifications in the original quotation. The Client is to provide the digital content for each page of up to 4 images per page and text of up to 1000 words per page. The Web Developer reserves the right to charge an additional cost for typing out hard copy or scanning content or photographs for image creation.

f) Once the site is built, Client agrees that they are permitted up to 3 hours of alterations to images and text content in the centre area of the pages, not including the agreed design layout template which surrounds the centre content to the top, left, right and bottom of the page, the logo or navigational areas of the page. All alterations are to be requested in writing either by email or postal mail by the Client. After the 3 hours of alterations have been completed, The Web Developer reserves the right to advise the Client of such and send a separate quotation to the Client and to request payment for any further alterations. The Web Developer reserves the right to request payment be received for further alterations before continuing work. possible.

7. PROJECTS

a) Client agrees that a HTML or XHTML page built from a graphic design may not exactly match the original design because of the difference between the display in design software and the rendering of code by internet browser software.

b) The Web Developer agrees to try and match the design as closely as is possible when building the code. During a website project it is important that Client communicates information to the Web Developer to achieve the required result.

c) Client agrees that for graphic design work they are permitted up to 3 hours of alterations, and for coding work they are permitted up to 3 hours of alterations. All alterations are to be requested in writing either by email or postal mail by the Client. After the 3 hours of alterations have been completed either in graphic design or coding, The Web Developer reserves the right to advise the Client of such and send a separate quotation to the Client and to request payment for any further alterations.

e) If the Client requests design or content alterations to pages that have already been completed, new pages or different functionality other than that specified in the original quotation, The Web Developer reserves the right to quote separately for these alterations. Examples of alterations include, but are not limited to:

1. Altering the design layout template which surrounds the centre content to the top, left, right and bottom of the page 2. Altering the logo 3. Altering layers, tables, data, graphics, images and text 4. Addition of a new table or layer to redesign the whole or part of a page 5. Altering colours and font styles 6. Changing the widths and heights of objects on the page 7. Altering the design and structure of navigational menus, links, buttons 8. Altering or adding new functionality to the page, navigation, Javascripts etc

For site builds the navigation will be hard coded as per the design. However if the navigation requires Javascript, drop down layers or other functionality which require further coding work, this may be quoted for separately. If optimized pages are included as part of the project, The Web Developer will optimize the Client's web pages which already make up part of the project.

The optimization of the web pages can include the meta tags, keywords, description, title, alt tags and text provided by the Client. If the Client does not provide keywords information needed by The Web Developer, then The Web Developer will include it to its best judgment.

The Web Developer endeavors to create pages that can be crawled by search engine spiders. However, The Web Developer gives no guarantee that the site will become listed with search engines.

If an error or issue with the design or code arises during the project which does not allow the design or code to match the original specification, then Client agrees that The Web Developer can apply a nearest available alternative solution.

The Web Developer at all times applies reasonable skill and care in provision of services. On request, the Web Developer can create a copy of the web site design on one CD to be posted to the Client on project completion; a small charge will be made to cover the cost of this. Once the project is completed, The Web Developer will upload the web site to the Client's live web address if included as part of a project.

After site completion, a Client or a third party of their choosing may wish to edit their web site code themselves to make updates. However, the Client agrees that in so doing they assume full responsibility for any issues which occur as a result of changing the code themselves. If Client or a third party of their choosing edits the web site code and this results in functionality errors or the page displaying incorrectly, then The Web Developer reserves the right to quote for work to repair the web site.

The Web Developer reserves the right to assign subcontractors in whole or as part of a project if needed. The Web Developer will keep a copy of the site and design source files when a web site project is being worked on. However, the Client agrees that it is their responsibility to have regular backups made by themselves or the third party hosting services in case of a software or hardware failure at the third party hosting servers. All communications between The Web Developer and Client shall be by telephone, email, or postal mail, except where agreed at The Web Developer's discretion.

8.ACCESSIBILITY & WEB STANDARDS

The Web Developer tests sites and templates to ensure they comply with W3C CSS standards as they are at time of sale. Should updated W3C CSS guidelines be introduced after the site or templates were sold to the Client, The Web Developer reserves the right to quote separately for any additional work needed. If Client uses The Web Developer's templates along with CSS style sheets which are not built by The Web Developer, the overall page may not meet W3C CSS standards.

The Web Developer shall make every effort to ensure sites are designed to be viewed by the majority of visitors. Sites are designed to work with the main browsers Internet Explorer and Mozilla Firefox latest releases. New layouts are tested with older browsers to ensure as much compatibility as possible. Client agrees that The Web Developer cannot guarantee correct functionality with all browser software across different operating systems.

Clients agree that after handover of files any updated software versions of the main browsers Internet Explorer and Mozilla Firefox, domain name setup changes or hosting setup changes thereafter may affect the functionality and display of their web site. As such, The Web Developer reserves the right to quote for any work involved in changing the web site design or web site code for it to work with updated browser software, domain name or hosting changes. Client agrees that more advanced applications on a web site page may require a newer browser version or Plugin.

9.PAYMENT TERMS

Prices are subject to change without notice. For any work The Web Developer requires a payment to be received in advance for the work being carried out and before handover of files, except where an application has been made by email and agreed in writing by The Web Developer.

The Client chooses either to pay the full cost in one payment or split the cost into 2 payments to be agreed with the Web Developer. Should the cost be split into 2 payments then the first half of the payment is to be received before work commences and the second payment to be received when requested by The Web Developer half-way through the project before commencement of further work.

Once the final payment has been received and the work finished, the files will be handed over to the Client or uploaded if included as part of a data driven project. All prices exclude IVA which must be added at the prevailing rate in Spain. Once an invoice is sent to the Client it must either be paid by bank transfer or cash along with roof of transfer to the Web Developer's main bank account, or paid online via Paypal secure online payment using a major credit card. All invoices must be paid in full within 7 days of the invoice date. The Web Developer reserves the right to decline further work on a project if there are invoices outstanding with the Client.

The Client may request that the Web Developer cancel a project in writing by email or postal mail to The Web Developer and the project is cancelled only if The Web Developer confirms work has not been started on the project. If The Web Developer has begun or completed the work and the Client no longer requires the files but have agreed to the work, they are still obliged to pay The Web Developer for the work that has been carried out. All invoices are submitted by email except where required otherwise by regulations or agreed at The Web Developer's discretion.

The Web Developer reserves the right to remove it's work for Client from the Internet if payments are not received or the Client is in arrears with payments for any reason. In this event the Client agrees to hold Web Developer harmless against any and all consequential losses financial or otherwise resulting from the suspension of services or the removal of work from the internet.

The Web Developer reserves the right to withdraw all support services in the event that payments are in arears, until such times the Client's accounts is returned to credit. In the event of persistent late payment (defined by this agreement as two or more payments falling into arears in any 12 month period), the Web Developer is entitled to request a deposit of at least 200 Euros to cover dispersments and costs that may arise in the future relating to the Client's work.

10.LIABILITY AND WARRANTY DISCLAIMER

a) The Web Developer provides their web site and the contents thereof on an "as is" basis and makes no warranties with regard to the site and it's contents, or fitness of services offered for a particular purpose. The Web Developer cannot guarantee the functionality or operations of their web site or that it will be uninterrupted or error free, nor does it warrant that the contents are current, accurate or complete.

b) The Web Developer endeavours to provide a web site within given delivery time scales to the best of its ability. However, the Client agrees that The Web Developer is not liable for any claims, losses, costs incurred or compensation due to any failure to carry out services within a given delivery time scale.The Client agrees The Web Developer is not liable for absence of service as a result of illness or holiday time. The Web Developer has a third party associate who may be able to take on work should there be the need to.

c) The Client agrees The Web Developer is not liable for any failure to carry out services for reasons beyond it's control including but not limited to acts of God, telecommunication problems, software failure, hardware failure, third party interference, Government, emergency on major scale or any social disturbance of extreme nature such as industrial strike, riot, flood, terrorism and war or any act or omission of any third party services.

d) The Web Developer 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 The Web Developer to Client, the Client shall assume entire responsibility in ensuring that all files are functioning correctly before use.

e) Whilst every effort is made to make sure files are error free, The Web Developer cannot guarantee that the display or functionality of the web design or the web site will be uninterrupted or error free. If after handover of files errors are found in code the Web Developer has created and the main browsers Internet Explorer and Mozilla Firefox, domain name set-up, third party content management system version and hosting set-up are the same as when work began, then The Web Developer can correct these errors for the Client free of charge.

f) If after handover of files errors are found in code the Web Developer has created and the main browsers Internet Explorer and Mozilla Firefox have released an updated software version, or the domain name set-up, third party content management system version or hosting set-up has been changed, The Web Developer can correct errors for the Client free of charge and reserves the right to quote separately for any additional work needed as a result of changes to the browser software, content management system or domain name set-up or hosting set-up.

g) Should the Client go into compulsory or involuntary liquidation or cannot pay its debts in the normal course of business, The Web Developer reserves the right to cancel forthwith any projects and invoice Client for any work completed.The Web Developer 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 web site, even if The Web Developer has been advised of the possibility of such damages.

h) There are sometimes laws and taxes which affect Internet e-commerce. Client agrees that it is their responsibility to comply with such laws and will hold harmless, protect, and defend The Web Developer and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the Client’s exercise of Internet e-commerce.

i) The Web Developer may from time to time recommend to the Client that updates are needed to their site to comply with, including but not limited to, new legislations, software releases and web standards. The Web Developer reserves the right to quote for any updates as separate work.

j) Client agrees The Web Developer is not liable for any failure to inform or implement these updates to their site. Client agrees that it shall defend, indemnify, save and hold The Web Developer harmless from any and all demands, liabilities, costs, losses and claims arising from omission to inform or implement these updates.

k) The Client is responsible for backing up all material on the website. Backups are also carried out by The Web Developer but these are carried out on a discretionary basis and The Web Developer does not offer warranties as to the quality of the data or safe restoration of such. In the event that a request is made to The Web Developer to make a restoration the Client agrees to pay their time in doing so and understands that such work will only take place after a written request or email and then only during normal office hours.The fee for the work will then fall due whether the back-up or restore has been successful of not.

11.INDEMNIFICATION

Client agrees to use all The Web Developer services and facilities at their own risk and agree to defend, indemnify, save and hold The Web Developer harmless from any and all demands, liabilities, costs, losses and claims including but not limited to attorney’s fees against The Web Developer or it's associates that may arise directly or indirectly from any service provided or agreed to be provided or any product or service sold by the Client or its third parties. Client agrees this indemnification extends to all aspects of the project, including but not limited to web site content and choice of domain name.

Client also agrees to defend, indemnify and hold harmless The Web Developer against any liabilities arising out of injury to person or property caused by any service provided or agreed to be provided or any product or service sold by the Client or third parties, including but not limited to, infringement of copyright, infringement of proprietary rights, misinformation, delivery of defective products or services which is harmful to any person, business, company or organization.

12.NON DISCLOSURE

The Web Developer and any third party associates agrees that, except if directed by the Client, it will not at any time during or after the term of this agreement disclose any confidential information. Likewise, the Client agrees that it will not convey any confidential information about The Web Developer to another party.

13.PRIVACY POLICY

The Web Developer and any third party associates shall use information provided by the Client in relation to this agreement in accordance with the UK Data Protection Act 1998 and also for the following purposes 1) to identify the Client in communications with them 2) to contact the Client from time to time to offer them services or products which may be of interest to or benefit the Client.

14.TERMINATION

The Web Developer reserves the right to terminate a project with a Client at any time without prior notification if it finds the Client in breach of these terms and conditions. The Web Developer shall be the sole arbiter in deciding what constitutes a breach. No refunds are given in such a situation.

The Web Developer may terminate all services both public and otherwise including hosting, where threats of legal action have been issued by the client, or on the client's behalf, or where at The Web Developer's sole discretion a client has been deemed to have acted unreasonably. In these cases, no refunds will be given nor compensation paid.

This agreement shall be governed by the laws of Spain which shall claim venue and jurisdiction for any legal motion or claim arising from this agreement. This agreement is void where prohibited by law. Where one or more terms of this contract are held to be void or unenforceable for whatever reason, any other terms of the contract not so held will remain valid and enforceable at law. Any and all matters pursuant to this agreement are governed by Spanish Law and are under exclusive jurisdiction of the Spanish Courts.

The Web Developer reserves the right to alter these Terms and Conditions at any time without prior notice, the latest terms and conditions can be found at the Web Developers web site at http://www.sortedspain.com/terms.htm with a date of last update.

By accepting a quotation or making a payment of invoice to use the services supplied, the Client acknowledges to have read, understand, and accept the Terms and Conditions of this Agreement, and agrees to be legally bound by these Terms and Conditions. Updated 5/11/07.

Last Updated on Thursday, 23 September 2010 10:21

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1.DEFINITIONS