These terms and conditions govern the use of the ezyWeb web sites (referred to as "the sites"), as provided by ezyWeb (referred to as "we" or "us"), by the user (referred to as "you"). By using the sites, you acknowledge and signify that you have read, understood, and agreed to be bound by these terms and conditions. If you do not accept and agree to these terms and conditions, you may not use the ezyWeb web sites.
We may, at our discretion, change, supplement or amend these Terms and Conditions as they relate to your use of the sites for any reason, and without any prior notice or liability to you or any other person, by posting the modified Terms and Conditions on the ezyWeb web sites. You may not change, supplement, or amend these Terms and Conditions in any manner. Each time you use the ezyWeb web sites, you acknowledge and signify that you have understood and agreed to be bound by these Terms and Conditions as they then read.
Users of the sites must comply with all applicable laws. Persons in jurisdictions may not use the sites where access to or use of the sites or any part of them may be illegal or prohibited. If you breach any provision of these Terms and Conditions, you may no longer use the ezyWeb web sites. We may, at our discretion, refuse permission to access and use of the sites.
The sites are made available to you for your lawful, personal, non-commercial use only, EXCEPT where an express agreement has been made between you and ezyWeb. You may print or download the pages of the ezyWeb web sites for your personal, non-commercial use, provided that you do not modify any of the pages or other content and you do not remove or alter any visible or non-visible identification, marks, notices, or disclaimers.
As a condition of your use of the ezyWeb site/services, you will not use the site/services for any purpose that is unlawful or prohibited by these terms, conditions and notices.
You may not use the site in any manner which could damage, disable overburden or impair any ezyWeb site/service or interfere with any other parties use and/or enjoyment of those sites/services.
You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.
Access to certain customer areas of our website is restricted. We reserve the right to restrict access to other areas of our website, or indeed our whole website, at our discretion.
If we provide you with a user ID and password to enable you to access restricted areas of our website or other content or services, you must ensure that that user ID and password are kept confidential. We may disable your user ID and password at our sole discretion without notice or explanation.
As Websites cannot be physically returned, it is our policy not to offer refunds on successful purchases. It is very important to ensure that you are satisfied with the final design. If in doubt, email us, we are more than happy to hear from you and help you with your query. Please note that once a Website is purchased, it cannot be refunded or exchanged for another Website.
Subsequent new work requested by the client and performed by ezyWeb after a proposal/estimate has been approved is considered a revision or alteration. If the job changes to an extent that substantially alters the specifications described in the original estimate, we will submit a proposal revision to you and a revised additional fee must be agreed to by both parties before further work proceeds.
The sites may include references to, advertisements for, and links to, other web sites or businesses operated by other persons. These sites and businesses are independent from ezyWeb, have no responsibility or liability for or control over these sites or businesses. These links, references and advertisements are provided solely for your convenience. ezyWeb does not sponsor or endorse any business other than those belonging to ezyWeb. The use of other sites is at the risk of the user and you shall not make any claim against ezyWeb arising out of your use of any other sites.
The Website Owner shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the website, any information contained on the website, your or your company's personal information or material and information transmitted over our system. In particular, neither the Website Owner nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any share price information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.
Websites purchased from ezyWeb are provided "as is" without warranty of any kind. In no event shall ezyWeb be liable to the client for any direct, indirect, special, punitive, incidental, or consequential damages arising out of the use of the website, services, and/ore goods provided to the client. This includes, without limitation, lost profits, business interruption, loss of data or other losses directly resulting from the use of the website, services, and/or goods provided to the client. The entire risk as to the quality and performance of the web design is with the client.
ezyWeb shall not be responsible for any URL's dropped or excluded by a Search Engine for any reason, and ezyWeb does not warrant or represent that the client's URL's will achieve a favourable position, or indeed any position, within a particular search engine.
Your website should be hosted on a reliable server with constant availability, for optimum results. Whilst ezyWeb recommends hosting companies to host websites, no guarantees can be made as to the availability or interruption of this service by ezyWeb. Furthermore, ezyWeb cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss.
ezyWeb is not liable for errors or omissions and it is the clients responsibility to check any and all publications from ezyWeb, whether in print or digital form for accuracy in all respects.
ezyWeb agrees to provide a one (1) month free period of support starting from the purchase of the Website, to assist customers with their new product. This support includes but is not limited to; advice, websites updates and assistance. This support does not include changes to the structure or layout of the website. Once the one month period has expired, normal service rates apply.
The ezyWeb web sites and their content (including all information in text, graphical, video and audio forms, images, icons, software, design, applications and other elements available on or through the Websites) are the property of ezyWeb and are protected by international copyright and other laws. Your use of the sites does not transfer to you any ownership or other rights in the ezyWeb web sites or their content.
Upon completion of a Website design, ezyWeb transfers all rights and ownership of customised designs by ezyWeb to the client, once payment is received in full. Software, ezyWeb Templates and third party graphics or programs are not transferred to the client and remain under copyright of their respective owners.
Responsibility for ensuring all media supplied by the client, both digital and physical, including but not limited to; graphics, images and text, are not protected elsewhere by copyright, lies solely with the client.
Both the Client and ezyWeb have the right to terminate any Services Agreement for any reason, including the ending of services that are already underway. No refunds shall be offered, where a Service is deemed to have begun and is, for all intents and purposes, underway. Any work that has been produced by ezyWeb for the client unless paid for in full by said client, shall remain the property of ezyWeb.
If the Client does not engage in reasonable contact with ezyWeb during the development of a project resulting in ezyWeb being unable to continue with development for a period of one (1) month, the project is considered to be terminated. If the Client fails to provide the required content, information, text and images to ezyWeb within a two (2) month period of requesting said content, the project is considered to be terminated. If the Client has any information or files on ezyWeb's Web space after the project has been terminated, ezyWeb can, at its discretion, remove all such material from its web space. ezyWeb is not responsible for any loss of data incurred due to the removal of the material and/or service. Any and all payments received by the Client shall be considered payment for work done after the project has been terminated. Should the Client subsequently request that ezyWeb continue with a development, ezyWeb reserves the right to renegotiate any fees due from the original contract or renegotiate a new contract.
We will not be liable for any delay or failure to perform any obligation under this Agreement due to any event beyond our reasonable control, including but not limited to, earthquake, fire, flood or any other natural disaster, labour dispute, riot, revolution, terrorism, acts of restraint of government or regulatory authorities, failure of computer equipment and failure or delay of services and platforms used to operate our electronic media.
All projects costing €500 and over will require an advance payment of fifty (50) percent of the project quotation total before development work will commence. The remaining balance of the project quotation total will be due upon completion of the work prior to upload to the server or release of materials. Charges for web development do not cover the release of source graphic or animation files; if the Client requires these items then a separate quotation can be prepared.
Cash or Personal Cheque with Bankers Card, all major Credit/Debit Cards or Bankers Draft are acceptable methods of payment. Our Terms are payment in full within thirty days of Invoice. All goods remain the property of ezyWeb until paid for in full.
We reserve the right to seek recovery of any monies remaining unpaid sixty days from the date of invoice via collection Agencies and/or through the Small Claims Court in the event that the outstanding balance does not exceed Small Claims Court limit. In such circumstances, you shall be liable for any and all additional administrative and/or court costs.
Returned cheques will incur a €25 charge to cover banking fees and administrative costs. In an instance of a second Returned cheque, we reserve the right to terminate the arrangement and, if agreed to, we shall insist on future cash transactions only. Consequently, all bookings and/or transactions and agreements entered into will cease with immediate effect until such time as any and all outstanding monies are recovered in full.
It is understood that ezyWeb is an independent professional consultancy firm and will not in any event be construed as or hold itself to be employees of the client. It is also further agreed that ezyWeb is not restricted to working exclusively for the client during the term of the agreement.