By engaging Port 80 Services to work on a project, you confirm that you are in agreement with and are bound by the following terms and conditions.
The Client: the company, 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 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, including telephone and email agreements.
- For most projects, Port 80 prefers to work on a per-hour basis for the mutual benefit of both parties. However, clients may request a fixed quote if preferred. In such cases, contingency fees will be built in to the quote.
- 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 to cover the additional work.
- Port 80 will carry out projects only for clients who are 18 years of age or above.
Supply of Information:
- 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.
- 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.
- 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.
- 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.
Permissions, Copyrights & Liabilities:
- 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 supplied by the client 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.
- 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.
- 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.
- 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.
Website Design & Content
- Bespoke or Advanced Websites: Port 80 will produce a design proposal based on the brief provided by the Client. Should the Client decide it is not suitable, a second, and if necessary, a third proposal can be provided. At this point, the Client will only be charged for the design proposal if it is used to create the website.
- If the Client is still not satisfied with the third design proposal, Port 80 can keep providing further designs, but the time taken to produce all further designs will be charged to the Client from this point onwards.
- The Client will be charged for any design proposal that they approve of to be used 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.
- Quick & Simple websites: Port 80 will produce a design proposal based on the brief provided by the Client. Should the Client decide it is not suitable, Port 80 can keep providing further designs, but the time taken to produce all further designs will be charged to the Client from this point onwards.
- Once the design is agreed upon, any further changes requested to it will fall outside of the original quotation and may affect project costs and timescales.
- 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.
- 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.
- 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.
Approval of Work & Cancellations:
- Should the Client wish to cancel their acceptance of a quote at any point during a project, 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.
- On completion of the project, the Client will be informed and will have the opportunity to review the work. The Client must notify Port 80 of any issue within no later than 7 days from that time.
- 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.
- 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.
Website Maintenance, Modifications & Support:
- Port 80 offers a maintenance service to all clients who need to make changes to the content of their website. Our time for this is charged at 25€ per hour.
- Subject to current workload, small change requests (eg, minor text modifications, replacing or deleting a single photo etc) will normally be dealt with within 48 hours.
- In the case of larger change requests (eg, changes to the design, structural or functional changes etc) all such work will be fitted into our existing work schedule. A quote and likely timeframe will be provided for this on request.
- 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.
- Port 80 also offers a technical support service. This includes email assistance, help with website functionality and any other support outside of content changes. This service is billed at €35 an hour.
Search Engine Optimisation
- Port 80 undertakes to ensure that all websites it produces are created in accordance with current accepted best practices for Search Engine Optimisation (SEO).
- 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 sometimes also require the use of inbound marketing services. Port 80 does not offer inbound marketing services.
- 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.
- 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.
- Hosting fees are charged annually in advance.
- Reminders for hosting renewals are issued to clients one month in advance of the renewal date. Our normal Payment Terms apply.
- Port 80 does not offer any pro-rata refunds in the event of cancellation ahead of the renewal date.
- Port 80 offers two types of hosting: Standard and WordPress. For all database-driven (e.g. CMS, eCommerce) websites, we strongly recommend our WordPress hosting, to ensure stability and security.
- Our Standard hosting is provided through Heart Internet. This is a shared hosting platform. This means your site is hosted along with numerous other sites on the same server.
- We recommend our Standard hosting plan if you have a brochure website. A brochure website can be defined as a website that gives your business a presence on the internet, and acts as an online version of a business card. Brochure websites convey information, but are not capable of any complex tasks such as the storage of information, the processing of transactions etc.
- For our WordPress hosting, Port 80 utilises a secure, Virtual Private Server (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 standalone server.
- Our standard WordPress 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, 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.
- 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.
- Database-driven sites hosted under our WordPress hosting also benefit from security updates to their site software and plugins. All other updates (not security-related) are the responsibility of the Client. For these updates, and for all non-Wordpress sites, this is offered separately under our Webmaster Services.
- You agree to indemnify and hold harmless Port 80 from any and all liability, penalties, losses, damages, costs, expenses, attorneys’ fees, causes of action or claims caused by or resulting indirectly from your use of the service which damages either you, Port 80, or any other party or parties without limitation or exception. This indemnification and hold harmless agreement extends to all issues associated with your web site, including but not limited to domain name and site content.
- Our hosting providers have been selected on the strength of their uptime availability. This does not cover any occasional necessary maintenance or updates. Port 80 cannot be held liable for any downtime affecting any of our hosted sites.
- Webmaster Services are tailored to the specific needs of the Client, and are provided on a best-efforts basis.
- We make every effort to ensure the security and stability of sites and servers that use our Webmaster Services.
- By engaging our Webmaster 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.
General Data Protection Regulation Compliance
- The General Data Protection Regulation (GDPR) is a new EU privacy law that will come into force on May 25th, 2018. Its aim is to strenghten and standardise privacy laws across the EU.
- The GDPR stipulates that people must have a legal right to access, correct, delete or transfer personal information held about them on any company system. They must also provide their explicit consent for their personal data to be held, after which companies must save this consent.
- Cookies are small text files that are stored on your computer when you visit certain websites.
- The only cookies in use on this website are for Google Analytics. Google Analytics is a web analytics tool that helps us understand how visitors engage with this website.
- Cookies contain information that is transferred to your computer’s hard drive. They store information, such as the time that the current visit occurred, whether the visitor has been to the site before and what site referred the visitor to the site.
- Google Analytics collects information entirely anonymously. It reports website trends without identifying individual visitors.
- You can opt out of Google Analytics without affecting how you visit our site. For more information on this, please see Analytics opt-out.
- 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.
- Port 80 reserves the right to include any and all websites designed and built by Port 80 on the portfolio page of this website.
- 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.
- 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 (£).
- 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.
- 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.
- 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.
- Invoices for annual hosting renewals are issued 30 days ahead of the hosting renewal date and payment is expected by the due date.
- 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.
- Port 80 reserves the right to charge interest and/or a late payment penalty fee on any overdue invoice, in line with EU Law.
- Following consistent non-payment of an invoice our solicitors will contact the Client, with a view to settling the matter and if needs be, to seek payment through legal procedures.
- 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.