COPYRIGHT AND TRADEMARKS

The client unconditionally guarantees that any elements of text, graphics, photos, videos, designs, trademarks or other artwork furnished to Urban Silence for inclusion for your web design project are owned by the client, or that the client has permission from the rightful owner to use each, and will hold harmless, protect and defend Urban Silence and its subcontractors from any claim or suit arising from the use of such elements furnished by the client. In the case where Urban Silence provides stock imagery it is up to the client to ensure that a licence has been purchased by Urban Silence to use the image(s). The client should also be aware that sometimes in place of licenced images, where a suitable image cannot be found, Urban Silence may use an unlicensed image for demo purposes. It is the responsibility of the client to change that image before the website goes live. At all times it is the client’s responsibility to ensure that all text, graphics, photos, videos, designs, trademarks and other artwork used on the website have licences or permission from the right owner of such work. Urban Silence will take no liability from consequences that arise from the use of such material.

PROJECT DELIVERY

The project delivery shall be completed upon receipt of the payment associated with delivery. Payments may be accomplished by electronic bank transfer. The client assumes all responsibility for the use and functionality of the web design project. Where the client causes a delay in the delivery of the project, Urban Silence reserves the right to charge a fee for costs incurred.

PROJECT COPYRIGHT

Original web site content specifically requested by the customer and designed under work for hire shall be the intellectual property of the customer once final payment under this agreement and any additional charges incurred has been paid. Rights to stock photography, photos, graphics, source code, work-up files and computer programmes that are not specifically requested and designed under work for hire are not transferred to the client, and remain the property of their respective owners. Urban Silence and its subcontractors retain the right to display graphics and other web design elements as examples of their work in their respective portfolios and to place a simple back link in the footer of the website stating “Website Design by Urban Silence”.

COMPLETION DATE

Urban Silence warrants completing the project in accordance with its Terms and Conditions to the specifications previously agreed with the client. Urban Silence will not charge more than the amount previously agreed unless the client has varied the specifications of the project since the agreement. Urban Silence will not undertake changes to the specifications of the project which would increase the cost, without prior authorisation from the client.

Urban Silence and the client must work together to complete the web design project in a timely manner. We agree to work diligently to complete the web design project within the agreed upon time frame. The project does not officially begin until the client has provided all material needed, after this Urban Silence will notify the client about planned dates of beginning of the project. To ensure the project is kept on time, Urban Silence expects all feedback to be provided within 24 hours, that the client is available to meet to discuss the project, that the clients availability allows us to access them every day and that client revisions are reasonable within the given time frame e.g. one chance to revise the website home page, one chance to revise the website content, one chance to review the website structure etc. While working on a project, Urban Silence needs to estimate when to deliver the project. This estimate is based off of previous experience of working on similar projects. Occasionally, Urban Silence will underestimate the amount of work required in a project and therefore will not be able to meet an agreed deadline. In this case the client agrees to hold harmless, protect and defend Urban Silence from any claim or suit arising from missing the agreed upon deadline. The client agrees that all deadlines, deliverable dates and time frames are estimates only.

PRICING

All prices & discounts are indicative and subject to change without notice. Please check with Urban Silence to confirm a price before commencing project.

PAYMENTS

Upon completion of work, Urban Silence will invoice the client with the fee agreed upon when contract began and is to be paid by the client within 48 hours of completion of work or upon receipt of said invoice, whichever received first, based on the agreed schedule. Urban Silence reserves the right to remove any web design project from viewing on the internet until final payment is made. Urban Silence reserves the right to put the project or website on hold if a scheduled payment is not made. When a payment is overdue from the client and goes beyond a 14 day period, Urban Silence reserves the right to suspend or stop any services which are being provided to the client. This includes support, maintenance, marketing, hosting, domains and hosting of other websites owned by the client. When a payment that is due is outstanding, we will notify the customer by telephone or email. Late payment or overdue payment will be subject to a fee and should we need to involve a debt collecting company to collect the payment on our behalf all associating costs will be passed on to the client. In the case of collection proving necessary, the client agrees to pay all fees incurred by that process. Please pay on time. All payments will be made in Euro funds unless agreed upon in writing by both parties. Urban Silence reserve the right to charge additional for any out of scope work or work that takes longer than expected. Urban Silence, unless otherwise stated, only allows for one master round of revision for any work created. Additional revisions will be charged at a fixed price per revision.

Payments may be accomplished by electronic bank transfer.

DISCLAIMER

Urban Silence does not warrant the functions contained in the web design project will be uninterrupted or error-free. The entire risk as to the quality and performance of the web design project is with the client. In no event will Urban Silence be liable to the client or any third party for any damages, including but not limited to; service interruptions caused by Acts of God or any other circumstances beyond our control, any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate this web design project, failure of any service provider, of any telecommunications carrier, of any internet servers, your site visitor’s computer or internet software, even if Urban Silence has been advised of the possibility of such damages. The client agrees that the client is solely responsible for complying with such laws, taxes and tariffs, and will hold harmless, protect, and defend Urban Silence and its subcontractors from any claim, suit, penalty, tax or tariff arising from the client’s exercise of internet electronic commerce nationally and internationally. Urban Silence takes no responsibility for the loss of sales, content, information or integrity of private data as a result of third parties gaining unauthorised access to the website in any manner, but will work on behalf of the client to help mitigate the damage caused by such an event.

AGREEMENT

This agreement constitutes the sole agreement between Urban Silence and the client regarding this web design project. Any additional work not specified in this contract must be authorised by a written request. All prices specified in this contract will be honoured for 1 month from the date offered. Acknowledgement of agreement after that time will require a review of current pricing and new agreement. This agreement supersedes any prior written or oral agreements between the parties.