Terms and conditions

  • In your proposal, It is estimated that this project will take an amount of hours to complete depending on the options. In the unlikely event the time goes outside these parameters there may be extra costs incurred.
  • Payment terms: We offer 2(two) payment options. Projects under 4000 euro have to be paid upfront. Payments exceeding the 4000 euro threshold are eligible for monthly installments. The number of monthly installments is agreed upon before commencing of the project. 
  • Content work is billed monthly in advance
  • All quotations are valid for 30 days.
  • This quotation is exclusive of VAT @23%
  • All deposits are non-refundable once work starts 
  • Initial payment is the formation of a contract and confirms the start date
  • Testing and Acceptance is given a window of 2 weeks, after that charges may occur if overrun goes outside this timeline.
  • Photography and Stock Images need to be purchased by client (if required)
  • Maximum of 4 Compositions of Website Design Visual for the homepage.
  • Cancelled/Abandoned projects incur 80% of project total value
  • All design assets belong to project are owned by Preset Digital until final payment has been made
  • Online Marketing maybe needed on a monthly basis to promote & advertise the website
  • Projects that go outside estimated timelines final payment can be sought before going live if delay is at the client side. 
  • If the website is not live within a year, we will request full payment. If the delay is at the client side.
  • Our estimation of timeline is only an example reference point that similar projects of similar nature have been completed. If this goes outside this timeline, it’s not the responsibility of Preset Digital . 
  • Changes to signed off design pages after programming will incur additional costs. 
  • Full Terms & Conditions Apply further on in the proposal. 
  • Testing and Acceptance must be fully done by the client. Preset Digital will test the website fully but it still needs to be fully done by the client to ensure there are no errors on go live. 
  • Cancellation: If the client refuses to engage in dialog over a period of 30-days, and as a result they are negatively affecting our ability to complete the project. This project can be cancelled by Preset Digital without penalty and additional fees may be added to restart the project.

Recurring Services

Recurring services are defined as any service which recurs on a regular basis, including hosting, management and digital marketing.

  • Initial Payment is the formation of a contract and confirms the start date
  • Payment terms: billed 1 month in advance
  • Hosting: Full server ownership remains with Preset Digital, while our clients retain full ownership of any hosted materials such as websites content, imagery and customer information
  • Non-payment: Preset Digital provides a 7-day grace period on non-payments. After the 7-day grace period, if no payment is received, Preset Digital reserves the right to switch off all applicable client services. Preset Digital accepts no responsibility for any loss of digital assets or revenue. Digital assets may include: domain names, server hosting, website backups, advertising assets, email hosting, content, and more. No work will be carried out until all unsettled payments have resolved.
  • Cancellation: All recurring contracts require a 30-day cancellation period and require that the client sends a confirmation email to [email protected]

The following terms and conditions apply to all services offered by Preset Digital. By ordering services from BeQuick you are agreeing to the following terms and conditions.

Definitions

The Client: The company or individual requesting the services of Preset Digital. Preset Digital: Primary designer/site owner & employees or affiliates

General

Preset Digital will carry out work only where an agreement is provided either by email, telephone or mail. Preset Digital will carry out work only for clients who are 18 years of age or above. An ‘order’ is deemed to be a written or verbal contract between Preset Digital and the client, this includes telephone, text and email agreements.

Website Development, Design & Hosting

Whilst every endeavour will be made to ensure that the website and any scripts or programs are free of errors, Preset Digital does not accept responsibility for any losses incurred due to malfunction, the website or any part of it. The website, domain names, graphics and any programming code remain the property of Preset Digital until all outstanding accounts are paid in full and cleared in our company bank account.

Preset Digital does not take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.

Any additions to the brief will be carried out at the discretion of Preset Digital and where no charge is made by Preset Digital for such additions, Preset Digital accepts no responsibility to ensure such additions are error-free and reserve the right to charge a fee for any corrections or further additions.

The client agrees to make available as soon as is reasonably possible to Preset Digital all materials required completing the site to the agreed standard and within the set deadline.

  • Preset Digital will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines
  • Preset Digital will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner
  • Preset Digital will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents
  • Preset Digital will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents
  • Preset Digital does not keep any copy of your website unless explicitly agreed as part of a SLA
  • Initial payment stated on your proposal is required with any project before any design work will be carried out. This figure may be higher for new businesses. Once a website has been designed and completed the final balance of payment is then due in accordance with our payment terms outlined above. There are no exceptions to this, i.e If the client decides they no longer require the site, as they have commissioned the work and paid a part payment they are still obliged to pay for the work that has been done. Non payment will result in legal action being taken if necessary
  • Preset Digital name must be included in the footer at all times whether it’s hosted on our server or the client’s server

Additional Charges

Additional charges may be incurred where Preset Digital has to purchase items from third party providers. These items may include: plugins, themes, software licences, images, videos. It can be difficult to accurately estimate the costs of these items pre-launch but our team will do our best to advise clients on the expected cost before work begins.

Any licences that require a subscription, must be covered by the customer, unless otherwise specified by Preset Digital subscription agreement or contract. All licences must be explained to the client before subscribing.

Software & Programming

Preset Digital does not take responsibility for any losses incurred by the use of any software created for the client. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.

All code developed will be the sole ownership of the client, where they are not open source and created specifically for the client.

The client is expected to test fully any application or programming relating to a site developed by Preset Digital before being made generally available for use. Where “bugs”, errors or other issues are found after the site is live, Preset Digital will endeavour (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief. Preset Digital will endeavour to ensure that any developed/designed site or application will function correctly on the server it is initially installed in and that it will function correctly when viewed with the web browsing software. Preset Digital can offer no guarantees of correct function with all browser software.

Hosting

All sites developed by Preset Digital are hosted on our servers, that have maintenance agreements in the following server companies located in Ireland with the highest level of security and performance. If you already have a domain name and hosting we can transfer them to our server and host for you. Backups are run daily on a server linked to the main hosting server as well as offline.

Preset Digital reserves the right to refuse to handle, in any way, material which may be deemed offensive, illegal or in any way controversial, and also to terminate the hosting service should the necessity arise.

Renewal of Maintenance and or Hosting occurs on the first of each month. If there is no payment at renewal date, there is no maintenance contract in place and the website files on our servers will be removed and deleted within 60 days from the date of invoice where the client has been notified of the pending renewal, every effort will be made to contact the client via email and telephone, but no liability is accepted should a client be uncontactable. At a time where there is no maintenance contract in place your website may become vulnerable and may not be compliant with latest updates, it’s very important to have a maintenance contract in place to avoid this. If there is a break in maintenance Preset Digital is not responsible for broken plugins, code or security breaches at this time there is no maintenance contract in place.

Payment

A part payment is required from any new client before any work is carried out. It is Preset Digital policy that any outstanding accounts for work carried out by Preset Digital or its affiliates are required to be paid in full when the website is completed and launched, If payment is not received by go live date, the site will be taken down. 30 days from this date the website will be deleted without further notice from our servers unless by prior arrangement with Preset Digital.

Once a part payment is paid and work completed you are obliged to pay the balance of payment in above notes. We will contact clients via email and telephone to remind them of such payments if they are not received when due.

If accounts are not settled or Preset Digital have not been contacted regarding the delay, access to the related website may be denied and web pages removed, we will then pass such cases to the Small Claims Court to pursue payment, non payment can result in county court judgements (ccj’s) being added to the clients credit rating.

Following consistent non payment of an invoice our Solicitors will contact the client in question with a view to taking the matter further and, if need be, to seek payment through legal procedures including, if necessary, court summons.

Indemnification

Client agrees to use all Preset Digital services and facilities at their own risk and agree to defend, indemnify, save and hold Developer harmless from any and all demands, liabilities, costs, losses and claims including but not limited to attorney’s fees against Preset Digital 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 Preset Digital 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 organisation.

Any access given to a third-party website developer or programmer at any time to the server or software, prior notice in writing is required at least 48 hours before access is given. Preset Digital cannot be liable for any changes or consequences of broken software whilst any third-party programmer is engaged. Preset Digital will not fix any third-party code part of maintenance. This work will be assessed and quoted for separately. 

Limitation of Liability

1.1 Nothing in this Agreement:

1.1.1 shall limit or exclude the Client or Preset Digital liability for:

(a) death or personal injury caused by its negligence, or the negligence of its personnel, agents or subcontractors;

(b) fraud or fraudulent misrepresentation;

(c) any other liability which cannot be limited or excluded by applicable law;

1.2 Subject to clause 1.1:

1.2.1 neither party to this Agreement shall have any liability to the other party, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any indirect or consequential loss arising under or in connection with this Agreement;

1.2.2 Preset Digital total liability to the Client, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with this Agreement shall be limited to 50% of the total Charges paid by Client under this Agreement;

1.2.3 The Customer’s total liability to the Supplier, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with this agreement shall be limited to 80% of the total Charges paid by the client under this Agreement.

1.2.4 Additional costs for client internal or external resources to complete the project cannot be recovered other than the monies paid for the project. All web development projects require effort internally to complete the project, this time not recoverable under this contract and is limited to the cost of the project quoted.

Non Disclosure

Preset Digital and any third party associates agree 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 Preset Digital to another party.

Interpretation

Preset Digital 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. Preset Digital shall be the sole arbiter in deciding what constitutes a breach. No refunds are given in such a situation.

This agreement shall be governed by the laws of Ireland 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 Irish Law and are under exclusive jurisdiction of the Irish Courts.

Preset Digital reserves the right to alter these Terms and Conditions at any time without prior notice.

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 binding by these Terms and Conditions. 

Should clarification of any of the above be required please contact us at [email protected]