Last updated: Sept. 16th, 2024
Please read these terms and conditions carefully before using Our Service.
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of these Terms and Conditions:
- Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
- Country refers to: Ireland
- Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Keiste, 13 Glenryan Road, Ballymacthomas, Cork City, Ireland.
- Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
- Service refers to the Website.
- Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
- Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
- Website refers to keiste.com, accessible from https://keiste.com
- You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable. Also referred to as “Your”, “Yourself” or “Yours”.
Acknowledgment
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that You are over the age of 18. The Company does not permit those under 18 to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
Acceptance of Work.
Quotations are only valid for 30 days from the date of issue. No contract exists between the Company and You until we issue an invoice for payment of the work. The issued invoice equals acceptance by the Company of Your offer to purchase the services of the Company. Acceptance of work is a valid contract, regardless of whether You receive the invoice.
Any services on the order that are not included in the invoice do not form part of the contract. You should check that the details of the invoice are correct and You should print and store a copy of this invoice for Your records. The Company can withdraw from the contract at any time prior to acceptance.
Any work not included in the quotation will be treated as additional work and is subject to an additional quotation. Additional work may mean additional time and cost to the project.
If a functional specification and set of testing criteria are included in the quotation. The Company will be responsible for fulfilling the testing criteria. This will be regarded as the completion of the contract.
You agree that the Company will use the standard development platform for the development of the Website and/or application. All testing will occur only on the standard platform. You agree that any requests relating to hardware or software outside of the standard development platform will be deemed extra work.
You are responsible for adding content to the Website eg. web pages, products, copy, images, logo design etc… beyond what is agreed in the quotation. The Company will provide a working Website and a Content Management System to help You edit the Website. If agreed upon in the quotation.
1. All content must be provided in a timely manner. If the content is not provided in a timely manner. The Company will complete the Website and will consider the project finished. You will have to add the content Yourself.
2. Once the Company has finished the Website or web app. All additional changes will be chargeable.
3. Proofreading and checking for correct factual information shall be carried out by You and not the Company.
4. You agree that all content provided is licensed and/or free to use. Any copyright issues or claims are the sole responsibility of You and You alone. On all content provided by You.
Permission and Copyright
Copyright of the completed code, source files, designs, images, copy etc.. created by the Company for the project shall be transferred to You only by written agreement beforehand. Without agreement ownership of this property shall remain with the Company.
The web design and source code are created by the Company for one Website only. The client agrees not to use this material on multiple Websites without written permission from the Company.
You agree that resale or distribution of the completed files is expressly forbidden unless a prior written agreement is given by the Company.
You agree that the Company may include development or design credits and links within any Website or code that the Company designs, builds or amends.
You agree that the Company reserves the right to include any work done for You in a portfolio of work for the Company.
You agree to abide by the terms of any third-party software or media included in any work provided by the Company. Examples include – but aren’t limited to – Google Maps, WordPress, RSS feeds and any code or media released under the GPL or Creative Commons licenses.
Material
The Company reserves the right to refuse to handle.
1. Unlawful or inappropriate material.
2. Media contains any type of malware.
3. Any media that constitutes harassment, racism, violence, obscenity, spamming or harmful intent.
4. Media that constitutes a criminal offence or infringes copyright or privacy.
Domain Names and Hosting
The Company can offer domain name registration and hosting via a third-party service at its own discretion. And is not obliged to.
You agree that the registration of a domain name does not provide the endorsement or right to use that name. You are responsible for ensuring that You have the right to use that domain name. The Company holds no liability and You agree to indemnify and hold harmless the Company from any claim resulting from the registration of a domain name.
The domain name shall be registered in Your own name. With the contact details of the Company. You should be aware that the domain name is registered with a third party, and as such You agree to abide by the terms and conditions set out by the third party.
You are liable to pay for the domain name registration and the initial set-up of the hosting included as part of the Website build.
Any support relating to the domain name, hosting and email services shall be charged extra and are not included in the project quotation unless expressly written into the quotation.
Any other domain name and hosting services or costs not included by the Company, such as further domain name registration fees, domain name transfer charges, yearly domain name renewals, hosting renewals, hosting upgrades, extra disk space, SSL certs, bandwidth or extra backup/storage space are to be paid by the client. And are not included in the quotation unless expressly written in the quotation.
The client agrees to notify the third party hosting Company of any change to their contact details including address or email address.
Payment for a domain name, logo and hosting services are to made immediately upon receipt of the invoice from the Company. Failure to comply with these terms may mean that Your domain name will become available to another party and/or Your Website and email will become unavailable.
If You are using Your hosting service. You agree to pass on the FTP details of Your Website and other details such as DNS information, email server info and hosting control panel information in a timely manner.
Projects
While every effort will be taken to ensure that the HTML Website looks exactly like the design mockup. Because of how different devices and browsers render HTML, some differences may occur. The Company agrees to match the HTML to the design mockup as faithfully as possible.
Cross-browser and cross-device testing is not included in the quotation unless explicitly stated so in writing.
You agree that there shall be no more than a maximum of 8 minor alterations or revisions to a project. Or 2 hours of revision development time, whichever comes first.
After this revision time is used up – either in design or in coding. The Company reserves the right to advise You of such and send a separate quotation to You to request payment for any further alterations or revisions.
The Company reserves the right to request payment for further revisions before continuing with the work. Upon completion of the agreed design, You are asked to confirm in writing by email that the design is signed off as complete and agree that any design alterations are chargeable.
If You request design or content alterations to already completed pages, new pages or different functionality other than specified in the original quotation. The Company reserves the right to quote separately for these alterations.
If Search Engine Optimized pages are included in writing in the quotation for the project. The Company will optimize those pages already part of the project. Optimized pages are not part of new pages.
The Company does not own or control any online search engine. Therefore the Company cannot guarantee search engine ranking, indexing or crawling of any Website or service the Company works on.
The Company will create pages that can be accessed by relevant search engines. However, the Company can not guarantee that the site will be listed by any or every search engine.
If an error or issue with the design or code arises during the development phase of the project. Which prohibits the code or design of the project to match the original specification. You agree that the Company can apply the nearest available alternative solution.
Once the site is either live or ready to go live (with You simply needing to add content). The project will be deemed complete. You have 2 months to provide evidence of errors caused by the Company development of the project.
These errors will be reviewed and if found to be genuinely caused by the Company. Then the Company will fix these errors at no extra cost. If these errors are not caused by the Company, then You will be charged to remedy these errors. If errors are caused by the client during the use of the Content Management System. Then any steps taken to remedy those errors will be chargeable.
Once the project is completed, the Company agrees to upload the site to Your hosting solution. This is included as part of the project.
After project completion, if You or a third party of Your choosing wish to edit the Website code for any reason. Notification MUST be given to the Company beforehand. However, You agree that in doing so You assume full responsibility for any issues which occur as a result of changing the code.
If You or Your third party alter the code and it results in the site not functioning or not rendering properly in any browser or device. The Company reserve the right to quote for work to repair the Website.
Any subscriptions or licenses for any software used on the site. Shall be paid in full by You and You alone. The Company is not responsible for issues on the site resulting from changes to third-party software or for subscription charges to this software lapsing.
The Company reserves the right to assign subcontractors for the whole, or part of the project if needed.
The Company will keep a copy of the site and design files when a project is being worked on. You and You alone are responsible for taking regular backups of the site. Unless backups are expressly included in writing in the quotation for the project.
Accessibility or Web Standards
The Company will carry out basic tests on sites and templates to make sure they comply with WAI accessibility standards to Level A conformance on project completion.
If You request further the Company to alter the site further to comply with WAI accessibility guidelines. Or if the WAI guidelines are updated after project completion. The Company reserves the right to quote separately for any additional work.
If You are using WordPress or WooCommerce Themes or other CMS’s not built by the Company. The overall Website may not meet WAI accessibility standards.
The Company will test the site to ensure it meets most W3C CSS guidelines at the time of project completion. Should these W3C CSS guidelines be updated after project completion? The Company reserves the right to quote separately for additional work needed. If You are using a WordPress/WooCommerce or other CMS. The overall page may not meet W3C CSS standards.
You agree that the site will not be tested for. And may not be compatible with, every OS/device/browser combination.
The Company reserves the right to quote for any work involved in changing the Website code or design for it to work with updated browser software. As well as domain name changes or hosting changes.
You agree that the Website or third-party integrations may not function properly on older browsers or devices.
Payment Terms
Prices are subject to change without notice.
All quoted prices are exempt from VAT.
Payments are to be made on a staged basis. With each stage paid in advance of any work. All invoices must be paid within 7 days of issue. Unless agreed by the Company in writing. All payments are to be made on a staged basis. No further work will commence until each staged payment has been made.
The Company reserves the right to decline to work on a project any further – if invoices are outstanding with You.
The Company reserves the right to remove its work from the Internet if payments are not received.
The Company charges a flat fee per hour of 45 Euros. With a one hour minimum charge for any work.
Liability and Warranty Disclaimer
The Company will provide their Website and contents on an as-is basis. And makes no warranties concerning the site and its contents. Or the fitness of services offered for a particular purpose.
The Company cannot guarantee the functionality or operations of their Website or that it will be uninterrupted or error-free. Nor does it warrant that the contents are complete, accurate or current.
You agree that the Company is not responsible for any performance issues, viruses, trojan horses, bugs, security vulnerabilities, malware attacks or failure of the WordPress/WooCommerce software.
It will be necessary to regularly update WordPress/WooCommerce and any plugins or software integrations on the site.
Unless a support contract is offered in the quotation of the project. Then updates are not the responsibility of the Company. And the developer cannot be held responsible for any faults, bugs, viruses, trojans, update or upgrades failures, malware or security vulnerability attacks occurring on the site or with the hosting.
If You choose to not host the Website on the companies’ hosting solution. Then the Company reserves the right to not upload, install or set up the site on Your hosting solution. This will be Your sole responsibility.
You will be responsible for ensuring the Website is functional and secure on Your hosting solution. The Company will not be held responsible for the Website or any issues.
Should the client allow access to their hosting to upload the Website, fix the bugs on the Website, or any other request made to the Company by You in writing. Then the Company will in no way be held responsible for any faults or issues occurring on the Website or Your hosting solution. Responsibility for any problems with Your hosting solution will lie solely with You and not the Company.
The Company is in no way responsible for the data on Your Website. It is Your responsibility to backup all data.
Should the Company be replacing an existing Website created by anyone else other than the Company. Then You and You alone are responsible for making suitable backups of the old Website before the new Website can be uploaded. Once the new Website is live. The developer can be in no way responsible for the previous Website.
The Company endeavours to complete the project within the given delivery timescales to the best of its ability. However, You agree that the Company is not liable for any claims, losses or costs incurred or any compensation due to any failure to carry out services within a given delivery timescale.
You agree that the Company is not liable for any failure to carry out services for reasons beyond its control. Including but not limited to, acts of God, software failure, hardware failure, Government, telecommunications problems, third-party interference, emergency on a major scale or any social disturbance such as riot, terrorism, industrial strike, war or any act of omission of any third party services.
The Company is not liable for any consequences or financial losses including, but not limited to, profit, revenue, data or potenial savings, contract, loss of business relating to services provided.
On handover of files from the Company to You, the client shall ensure entire responsibility in ensuring that all files are functioning correctly before use.
Should You go into compulsory or involuntary liquidation or cannot pay Your debts in the normal course of business. The Company reserves the right to cancel forthwith any projects and invoice You for any work completed.
The Company shall have no responsibility to You or any third parties for any damages, including but not limited losses, claims, lost savings, lost profits or other incidental, special damages or consequential damages arising out of the operation of or inability to operate these web pages or Website. Even is the Company has been advised of the possibility of such damages.
There are often taxes and laws that affect Internet e-commerce. You agree that it is Your responsibility to comply with such laws and will hold harmless, protect and defend the Company and its subcontractors from any claim, penalty, tariff, tax, suit arising from Your exercise of Internet e-commerce.
The Company may, from time to time. recommend that updates are needed for the Website or project. Including but not limited to new legislation compliance, web standards or software compatibility. The Company reserves the right to quote for any updates as separate work.
You agree that the Company is not liable for any failure to inform or implement these updates to Your Website.
You agree that You shall defend, indemnify, save and hold the Company harmless from any and all demands, liabilities, losses, costs and claims arising from omission to inform or implement these updates.
Indemnification
You agree to use all the companies services at Your own risk and agree to defend, indemnify, save and hold the Company harmless from any and all demands, liabilities, losses, costs and claims including – but not limited to – legal fees against the Company or its 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.
You agree that this indemnification extends to all aspects of the project, including but not limited to Website content, choice of the domain name, logo design, Search Engine Optimization, Local Search Engine Optimization, Interactive Content, web development, WordPress development, design and marketing activities.
The client also agrees to indemnify, hold harmless and defend the Company against any liabilities arising out of injury to property or person caused by any product or service sold by the Company or any service provided or agreed to be provided by the Company or third–parties. Including but not limited to infringement of proprietary rights, misinformation, infringement of copyright, delivery of defective services or products that are harmful to any Company, business, organization or person.
Nondisclosure
The Company and third parties agree that unless directed by You. Will not, at any time during or after the term of this agreement disclose any confidential information. You agree that You will not convey any confidential information about the Company to any other party unless directed by the Company.
Privacy Policy
The Company and its third parties shall use the information provided by the client concerning this agreement under all relevant Irish and European data protection legislation. This information will also be used to identify You in communications and to contact You from time to time to offer services or products that may be of interest or benefit to You.
Interpretation
The Company reserves the right to terminate Your project at any time without prior notification. If the Company finds You to be in breach of these Terms and Conditions. The Company will be the sole arbiter in deciding what constitutes a breach. No refunds will be given in such a situation.
Where one or more terms of this contract are held to be void or unenforceable for any reason. Any other terms of the contract not so held will remain valid and enforceable by law.
Any matters pursuant to this agreement are governed by Irish law and are under exclusive jurisdiction of Irish courts.
This agreement shall be governed by the laws of the Republic of Ireland which shall claim venue and jurisdiction for any legal motion or claim arising from this agreement. The agreement is void where prohibited by law.
By accepting a quotation or making a payment of invoice to use the services supplied, the client acknowledges having read, understand, and accept the Terms and Conditions of this agreement and agrees to be legally binding by these Terms and Conditions.
The Company reserves the right to alter these Terms and Conditions at any time without prior notice.
Statutory Rights
These Terms and Conditions do not affect Your statutory rights as a consumer.
Zero tolerance for bad behaviour policy
The Company – .com – operates a zero-tolerance policy towards bad behaviour.
The safety of our visitors, clients and employees is an important concern to the Company.
Threats, threatening behaviour, acts of violence against visitors, employees, clients or others won’t be tolerated.
The Company reserves the right to immediately end any contract should violations of this policy occur. And if appropriate, all threatening behaviour will be reported to authorities.
Should any contract be terminated due to a breach of the zero-tolerance policy by You or Your associates? Then any outstanding invoices owed to the Company must be paid in full.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Disputes Resolution
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
For European Union (EU) Users
If You are a European Union consumer, You will benefit from any mandatory provisions of the law of the country in which You are resident in.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
Translation Interpretation
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
Contact Us
If You have any questions about these Terms and Conditions, You can contact us:
- By email: dara@keiste.com