Terms and Conditions
Last Updated On 04-Sep-2024
Effective Date 01-Jan-2020
Definitions
- Client: Refers to you, your business, the party, or entity engaging in services provided by your company.
- Wikid (The Wikid Agency Ltd): Represents the organisation offering web design, graphic design, hosting, website reporting, and other related services.
Scope
This document sets forth the terms and conditions whereby Wikid agrees to produce a certain website, graphic design, hosting services, website reporting, or other related services for the Client.
Wikid will be engaged solely and exclusively for the limited purpose of providing the agreed service/s for the Client.
Neither party is, by virtue of this document, authorised as an agent, employee, or legal representative of the other.
Except as specifically set forth herein, neither party shall have the power to control the activities and operations of the other and its status at all times will continue to be that of an independent contractor relationship.
Acceptance of Work
Quotations are valid for 60 days from the date of issue. Quotations may be provided as a separate document, a verbal agreement, or via email, SMS, phone, or WhatsApp.
When the Client places an order for Wikid’s services, it constitutes an offer to Wikid.
Client confirmation via email, letter, WhatsApp, SMS, in person, over the phone, via Wikid’s website/s, or a signed agreement within the quotation establishes a contract.
A quote from Wikid serves as acceptance by Wikid.
Any additional services not specified in the quotation/invoice do not form part of the contract. Additional services not specified will form part of a new contract.
Schedules
The Client agrees that Wikid will not be held accountable for any loss or damages due to, in the unlikely event, of timelines not being met.
Additional Work and Changes
Additional work requested by the Client (not covered in the original quotation or agreement) is subject to an additional charge.
If changes or updates are required after a project phase has been signed off; they will impact the project timeline and may incur additional costs.
Additional charges may apply if changes or updates are required after a project has been completed and signed off by the Client.
The standard development platform is the agreed platform for website development and acceptance testing.
Requests related to hardware or software outside the standard platform will be considered additional work.
Client Responsibilities
The Client agrees to provide necessary information and content promptly to enable the Wikid to complete the project.
Termination of the contract is not possible unless full payment has been made up to the current project stage.
Limitation of Liability
While Wikid takes precautions, no system is entirely free from risk and bugs.
The Client acknowledges that unforeseen events (such as, but not limited to; data loss, business interruption, loss of revenue, loss of business) may occur.
The Client acknowledges that Wikid will also not be held responsible for events where failure to perform due to causes beyond its reasonable control including, but not limited to, hosting infrastructure issues, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.
The Client acknowledges that Wikid will sometimes outsource its work to 3rd parties and will not hold Wikid liable for the actions of such 3rd parties.
Wikid and the Client shall each defend, indemnify, and hold the other harmless (including all affiliates, officers, directors, employees, agents, successors, and assigns) from and against all losses, damages, liabilities, deficiencies, actions, judgments, interest, awards, penalties, fines, costs, or expenses of whatever kind (including reasonable attorneys’ fees) arising out of or resulting from bodily injury, death of any person, damage, real or intangible, to personal property resulting from the other’s acts or omissions or the breach of any representation, warranty, or obligations.
Wikid does not represent, warrant, or guarantee that its services will create any additional profits, sales, exposure, brand recognition, or the like. Wikid has no responsibility to the Client if its services do not lead to Client’s desired result/s.
Intellectual Property
Upon full payment, the Client gains ownership of the final design or website produced by Wikid. i.e The product is fully owned by Wikid until the invoice has been settled.
Wikid retains the right to showcase the work in their portfolio and use as examples of it to other business who may be interested in a similar service, or to gain more business.
Sensitive Information
The Client acknowledges that Wikid may retain sensitive information such as, but not limited to, login details for various accounts, platforms, etc. The Client can request the removal of these records by contacting Wikid.
Where third party support, development, or design is needed. The Client acknowledges that Wikid will grant access to their systems for the third parties to provide their services – this may be by providing, but not limited to, login details to the Client’s website or hosting platform. The Client will be made aware prior to this and Wikid will not provide access should the Client object.
Wikid temporarily stores sensitive payment details such as credit or debit card details after you submit our billing form. The credit/debit card number will be encrypted before it is stored and the data will be permanently deleted once Wikid is finished processing the billing form. We may, however, request these from you to process payments (either once off or ongoing). In such cases, payment information is handled by, but not limited to, Stripe or Bank of Ireland. It is the Client’s responsibility to check with the third parties for information on how they handle sensitive information.
The client acknowledges that Wikid has access to their information that is currently stored on Wikid’s systems. Wikid will not share any sensitive information with third parties unless specified.
The Client acknowledges that they have read and agree to Wikid’s Privacy Policy available on https://wikid.ie.
Confidentiality
Both parties agree to maintain confidentiality regarding sensitive information exchanged during the project.
Dispute Resolution
In case of a dispute, Wikid and the Client (the Parties) shall first attempt to resolve the dispute personally and in good faith.
If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in the county and state noted in the Governing Law provision of this document. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of this document, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing laws.
Each Party shall pay their own costs and fees.
Claims necessitating arbitration under this section include, but are not limited to contract claims, tort claims, claims based on EU, national and local laws, ordinances, statutes or regulations. Intellectual property claims by Wikid will not be subject to arbitration and may, as an exception to this sub-part, be litigated. The Parties, in agreement with this sub-part of this document, waive any rights they may have to a trial in regard to arbitral claims.
Compliance
The Client acknowledges that Wikid is not an organisation that provides GDPR or WCAG compliance services. While Wikid does strive to make sure its products and services provided are GDPR and WCAG compliant, it is the sole responsibility of the Client to ensure that their website and systems are compliant. Wikid can refer third party compliance officers upon request should the Client want to ensure their website and systems are fully compliant. Please ask us if you would like this service.
Modifications
We may modify this document at any time without any prior notice to you and will post the revised document on our website (https://wikid.ie). The revised document will be effective from when the revised document is posted on our website and your continued use of our services after such time will constitute your acceptance of the revised document. We therefore recommend that you periodically review this page.
Governing Law
These terms and conditions are governed by the laws of the Republic of Ireland and the EU.
Exclusivity
We reserve the right to work with similar clients or with your competitors. We will never share your work, details, etc. with similar clients or competitors, though, we may use the same best practices and techniques with similar clients or competitors. Please contact us should you want to arrange an exclusivity deal.