Definitions:

The Client: the company, organisation, individual or individuals requesting the services of Port 80 Services.

Port 80 Services (hereafter Port 80): supplier of website design, maintenance and hosting services. Port 80 Services is the trading name of SARL PORT 80.

1. Quotations

   1. Port 80 will carry out work only when a project is confirmed either by email, telephone or post. A ‘project’ is deemed to be a written or verbal contract between Port 80 and the client.
   2. For most projects, Port 80 prefers to work on a per-hour basis for the mutual benefit of both parties. Fixed quotes can be provided on request, in which case, contingency fees will be built into the quote. These fees are to cover the monetary impacts of work that is not specifically accounted for in the cost estimate for the defined project scope. They are not to be used for client-requested additions or modifications to project scope.
   3. All quotes supplied by Port 80 are valid for 3 months unless stated otherwise. Amounts given in quotes are based on information supplied by the Client. In the event that the Client requests additional work, the original amount quoted will no longer stand and a separate quote may be required.
   4. Port 80 will carry out projects only for clients who are 18 years of age or above.

2. Supply of Information:

   1. Quotes assume that the Client will provide Port 80 with all information, either in digital or hard copy, to enable the work to be carried out for the quoted project, within agreed timescales.
   2. Such materials may include, but are not limited to: photographs, written copy, logos and other printed material. Where there is any delay in supplying these materials which leads to a delay in the completion of work, Port 80 has the right to extend any previously agreed deadlines by a reasonable amount.
   3. Digital document files are acceptable in the following formats: Microsoft Works, WordPad, Word, Excel, Publisher, .txt, .rtf, .psd, .pdn. Image files are acceptable in the following formats: .gif, .jpg, .tif, .png.
   4. No work will be carried out on a project by Port 80 until such time as all necessary content (text and images) has been supplied by the Client.

3. Permissions, Copyrights & Liabilities:

   1. The Client must obtain all the necessary permissions and authorisations in respect of the use of all copy, graphics, registered company logos, names and trademarks or any other material they supply for use in the project. Supply of above-mentioned material by the Client shall be regarded as a guarantee by the Client to Port 80 that all such permissions and authorities have been obtained.
   2. No responsibility will be accepted by Port 80 for damages to or losses incurred by the Client from the use of material for which the required permission or authority has not been obtained.
   3. All original graphics, and other related material created and supplied by Port 80, remain the property of Port 80 until the client’s account has been paid in full, at which time ownership and copyright of said material will reside with the client.
   4. For e-commerce projects, the Client assumes full responsibility for complying with all relevant laws relating to the sale of goods and services via the internet, and to the full extent permitted by law will hold harmless, protect, and defend and indemnify Port 80 from any claim, penalty, tax, tariff loss or damage arising from their use of internet electronic commerce.
   5. The client agrees to indemnify and hold harmless Port 80 from any and all liability, penalties, losses, damages, costs, expenses, lawyer’s fees, causes of action or claims caused by or resulting indirectly from their use of the service which damages either them, Port 80, or any other party or parties without limitation or exception. This indemnification extends to all issues associated with their website, including but not limited to domain name and site content.

4. Website Design & Content

   1. The Client will be charged for any design proposal for which they give their approval, either verbally or in writing, for the creation of their website. This is irrespective of any subsequent change of opinion by the Client as to the suitability of the design.
   2. Once the design and project scope are agreed upon, any further changes requested to it will fall outside of the original quotation and may affect project costs and timescales.
   3. Whilst every endeavour is made to ensure that all websites, scripts, software etc. produced are free of errors, Port 80 cannot accept responsibility for any losses incurred due to their malfunction. In the event of any such malfunction, Port 80 will undertake to fix the problem as soon as staffing resources permit. Where it can be clearly demonstrated that the malfunction was as a result of an oversight on the part of Port 80, there shall be no charge to the Client for any such work.
   4. Port 80 will conduct thorough tests of a website’s functionality prior to putting it live. However, Port 80 accepts no liability for any “bugs”, (ie, errors or other technical issues affecting functionality or layout) found after a website has gone live.
   5. Whilst every endeavour is made to ensure that English to French translations provided by Port 80 for clients’ websites are accurate, Port 80 cannot accept responsibility for any issues arising due to linguistic errors. In the event of any such error, Port 80 will undertake to fix the problem as soon as staffing resources permit. In such cases, there shall be no charge to the Client for any such work.

5. Approval of Work & Cancellations:

   1. Should the Client wish to cancel a quote at any point, Port 80 reserves the right to invoice the Client for any and all work completed to date. The Client must advise Port 80 in writing of the request to cancel a project.
   2. On completion of the project, the Client will have the opportunity to review the work. The Client must notify Port 80 of any issue within 7 days from that time.
   3. Any work not reported to Port 80 as unsatisfactory within the 7-day review period will be deemed to have been approved. Once approved, work cannot subsequently be rejected and the contract will be deemed to have been completed and the full amount owed as per the quote will be payable.
   4. Any bugs identified by the client outside of the 7-day review period that can be proven to have been caused by Port 80 are excepted from Section 5.2 and 5.3 of this contract and will be corrected by Port 80 in line with the agreed brief.

6. Website Updates, Modifications & Support:

   1. Port 80 offers a support service to all clients who need to make changes to the content of their website. Our time for this is charged at 30€ per hour TTC. Any such requests should be submitted to us via email.
   2. Subject to current workload, small requests (eg, minor text modifications, replacing or deleting a single photo etc) will normally be dealt with within 48 hours.
   3. In the case of larger requests (eg, changes to the design, structure or function of the site): this work will be fitted into our existing schedule. A quote and likely timeframe can be provided on request.
   4. Port 80 can also provide telephone support. This service is billed at 42€/hour TTC. (Min. charge: ½ hour).
   5. Port 80 offer ad hoc site development services. These include additions or updates to website functionality outside of content changes. This service is billed at 42€/hour TTC.
   6. Port 80 offer ad hoc maintenance services. These include such things as email assistance, security analysis and updates, monitoring, back-ups. This service is billed at 54€/hour TTC.
   7. Port 80 will not accept any responsibility for any alterations performed by either the Client or a third party which affect the running of the website. Such alterations include, but are not limited to: additions, modifications or deletions of content, scripts or related software. If Port 80 is required to correct any errors resulting from such alterations, the Client will be charged at the usual hourly rate.

7. Search Engine Optimisation

   1. Port 80 undertakes to ensure that all websites it produces are created in accordance with current accepted best practices for Search Engine Optimisation (SEO).
   2. Port 80 makes it clear that our SEO strategy is to focus purely on the content of websites we create. A successful SEO strategy can also require the use of inbound marketing services. Port 80 does not offer inbound marketing services.
   3. The Client accepts that the ranking of their website is governed by many factors that are outside of Port 80’s control (for example, the content of the website, the choice of the domain name, the prevalence of other companies offering similar goods or services, and the client’s own wider marketing strategy). As such, Port 80 cannot be held liable for and makes no guarantee for a website’s ranking.
   4. Due to the ever-changing nature of the content of the Web, and of search engine algorithms, all websites’ rankings are subject to continual change. Port 80 cannot be held liable for such fluctuations in ranking performance.

8. Hosting

   1. Hosting fees are charged annually in advance.
   2. Reminders for hosting renewals are issued to clients one month in advance of the renewal date. Our normal Payment Terms apply.
   3. Port 80 does not offer any pro-rata refunds in the event of cancellation.
   4. Port 80 offers two types of hosting: Standard and Premium. For all database-driven (e.g. CMS, eCommerce) websites, we strongly recommend our Premium hosting, to ensure stability and security.
   5. We recommend our Standard hosting plan if you have a brochure website. Typically flat or HTML websites, brochure sites can convey information, but are not capable of any complex tasks such as the storage of data, the processing of transactions etc.
   6. Websites hosted by Port 80 are stored on Virtual Private Servers (VPS) provided by Linode. A VPS is a server that has its own dedicated resources (memory, disk space, etc.) and behaves as if it were a stand-alone server.
   7. Port 80’s Premium hosting plan includes a comprehensive range of security measures to ensure the protection of the sites hosted. These security measures are not included under Port 80’s Standard hosting plan, but are available separately under our Web Security Services. NB: all other updates (non security-related) are the responsibility of the Client.
   8. Our advertised Premium hosting rate applies to any WordPress sites built by us, that do not have any e-commerce or other advanced functionality. For all other sites including non-Wordpress sites, any site built by a 3rd party, and WordPress sites with advanced functionality, pricing is on a case-by-case basis. Quotes provided on request.
   9. Port 80 is responsible for the security and maintenance of its VPS server. This includes software updates, log monitoring, email administration, and nightly back-ups.
   10. From time to time, it may be necessary to carry out server maintenance or updates. Port 80 cannot be held liable for any losses, damages or claims arising from the temporary unavailability of hosted websites while such maintenance is performed.

9. Website Updates & Security Services

   1. Our Web Security Services are tailored to the specific needs of the Client, and are provided on a best-efforts basis.
   2. We make every effort to ensure the security and stability of sites and servers that use our Web Security Services.
   3. By using our Web Security Services, the Client agrees to fully indemnify and keep Port 80 fully indemnified from and against all actions, demands, costs (on a fully indemnity basis), losses, penalties, damages, liability, claims and expenses (including but not limited to legal fees) whatsoever arising from use of these services.

10. Advertising

    1. Port 80 reserves the right to include a link to this website on any website designed and built by Port 80. This link will usually be placed in the footer of the site in question and will open in a new tab or window.
    2. Port 80 reserves the right to include any and all websites designed and built by Port 80 on the portfolio page of this website.
    3. Port 80 may choose to feature any and all websites it designs and builds in adverts and other publicity materials at any time. Should the Client not wish to have their site used in such a way, Port 80 will respect this, but asks to be notified of this fact in writing prior to the launch of said website.

11. Payment Terms:

    1. Payment is preferred via electronic bank transfer, but cheques are also accepted. We prefer payment in euros (€) but may also accept US Dollars ($) or sterling (£).
    2. The Client will be invoiced for the full amount owing on completion of the work unless otherwise stated in the quote. Payment of the full amount is due by the due date indicated on the invoice. This will normally be 15 calendar days from the date the invoice was sent to the Client.
    3. For large projects that require a significant investment of resources from Port 80, a discretionary deposit may be required from the Client. In such cases, no work will begin until this deposit has been paid to Port 80. The balance due in such cases is to be paid by the due date indicated on the invoice.
    4. Port 80 reserves the right to invoice the Client for any work done to date in the event that a project takes longer than 3 calendar months to complete.
    5. In the event of non payment after the due date, access to the related website may be denied and/or web pages removed and withheld until such time as all monies due are paid to Port 80. Such cases may be referred to a small claims court to pursue payment.
    6. Invoices for annual hosting renewals are issued 30 days ahead of the hosting renewal date and payment is expected by the due date.
    7. Should the Client decide they no longer wish to renew their website’s hosting and/or domain name(s), Port 80 asks to be informed no later than 7 days prior to the renewal date specified on the invoice. Port 80 reserves the right to invoice the Client for any renewals where this notification is not given by the aforementioned date.
    8. Port 80 reserves the right to charge interest and/or a late payment penalty fee on any overdue invoice, in line with L. 441-6 and D. 441-5 of the Code de commerce. This is a fixed fee of 40€. This fee is not subject to TVA (VAT).
    9. In addition to the fixed penalty fee, Port 80 reserves the right to charge interest on overdue invoices. In accordance with French and EU law, the rate of interest charged will three times the taux d’intérêt légal (legal rate of interest).