Definitions
The Client : The company or individual requesting the services of Funky Software.
Funky Software: Primary designer/site owner & employees or affiliates.
General
Funky Software may update or amend these Terms & Conditions from time to time to comply with applicable laws or regulations or to meet our changing business requirements without notice to you. Any updates or amendments will be posted on the Funky Software website. These Terms & Conditions were last updated on 1 August 2010.
These Terms & Conditions supersede any other Terms & Conditions previously published by us and any other representations or statements made by us to you, whether oral, written or otherwise.
No relaxation or delay by us in exercising any right or remedy under these Terms & Conditions shall operate as waiver of that right or remedy or shall affect its ability to subsequently exercise that right or remedy. Any waiver must be agreed by us in writing.
If any of these Terms & Conditions are found to be illegal, invalid or unenforceable by any court or administrative body of competent jurisdiction, the rest of these Terms & Conditions shall remain in full force and effect.
These Terms & Conditions are available in English only and are governed by Spanish law. In the event of any matter or dispute arising out of or in connection with these Terms & Conditions, you and we shall submit to the exclusive jurisdiction of the Spanish courts.
Acceptance of Work
Proposals and quotations are valid for 30 days from date of issue.
Funky Software will carry out work only where an agreement is provided in writing.
Funky Software will carry out work only for clients who are 18 years of age or above.
Website Design
Whilst every endeavor will be made to ensure that the website and any scripts or programs are free of errors, Funky Software cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.
The website, graphics and any programming code remain the property of Funky Software until all outstanding accounts are paid in full.
Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by Funky Software remain the copyright of Funky Software and may only be commercially reproduced or resold with the permission of Funky Software.
Funky Software cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.
Any additions to briefs provided will be carried out at the discretion of Funky Software and where no charge is made by Funky Software for such additions, Funky Software accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions.
The client agrees to make available as soon as is reasonably possible to Funky Software all materials required to complete the site to the agreed standard and within the set deadline.
Funky Software will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
Funky Software will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner. eg. Any disputes re content/images that have been provided to us for inclusion on the site.
Funky Software will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents.
Funky Software will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents.
A non-refundable deposit of 50% is required with all of our projects before any design work will be carried out.
Once a website has been designed and completed the final balance of payment is then due in accordance with our payment terms. There are no exceptions to this, i.e If the client decides they no longer want the site, as they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been done. Non payment will result in legal action being taken if necessary. Once full payment is received for a website, it is assumed that the project has been completed to the clients satisfaction and no refunds can be offered. We do offer free updates for a month after completion to allow for any final minor amendments that may be required.
Database, Application and E-Commerce Development
Funky Software cannot take responsibility for any losses incurred by the use of any software created for the client. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.
Any scripts, applications or software (unless specifically agreed) written by Funky Software remain the copyright of Funky Software and may only be commercially reproduced or resold with the permission of Funky Software.
Where applications or sites are developed on servers not recommended by Funky Software, the client is expected to provide or seek any information, additional software, support or co-operation pertaining to the server required in order for the application to be correctly developed. Where large applications are to be developed, it is the clients responsibility to provide a suitable testing environment which is identical to the final production environment.
The client is expected to test fully any application or programming relating to a site developed by Funky Software before being made generally available for use. Where “bugs”, errors or other issues are found after the site is live, Funky Software will endeavor (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief.
Intellectual Property Rights
All intellectual property rights in the website, its functionality, programming code and any design work, documents or drawings (excluding any material provided by you or Open Source) are vested in and at all times remain the property of us. We hereby grant you a non-exclusive licence of such intellectual property rights for the purpose of operating your website.
You hereby grant us a licence to use any information and material provided by you to enable us to design and build the website.
You agree that any website designed and built by us may display the phrase “Powered by Funky Software”, where “Funky Software” maybe in logo form, and provide a link to the Funky Software website at http://www.funky-software.net.
Compatibility
Funky Software will endeavor to ensure that any developed/designed site or application will function correctly on the server it is initially installed in and that it will function correctly when viewed with the web browsing software Microsoft Internet Explorer Version 8 and to an acceptable level with Mozilla browsers. Funky Software can offer no guarantees of correct function with all browser software.
Website Hosting
Whilst Funky Software recommends hosting companies to host websites, no guarantees can be made as to the availability or interruption of this service by Funky Software and 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.
Website Optimisation
Due to external factors, such as changes to the way search engines rank websites, we cannot offer any guarantees regarding the position we will achieve for websites. The process of optimising websites itself will bring in more traffic and hits and you’ll see visits increase to your site naturally. We cannot accept liability for any change in rankings, or drop off in the position of your website due to changes in the algorithms of the search engines or the factors that they use to rank websites.
We use ‘white hat techniques’ when optimising websites and always aim to achieve a top ten ranking for your website within six months of undertaking the optimisation process. Due to the work involved payment is generally required in advance and we are unable to offer a refund of any monies to clients in relation to this type of work.
Payment of Accounts
The price and/or charges for any services will be as set out in the quotation submitted by us. All prices are in euros and exclusive of Impuesto al Valor Agregado (“IVA”) at the relevant rate, which shall be payable by you in addition to the price quoted.
A deposit of at least 50% of the quotation is required from the Client before any work is carried out. It is policy of Funky Software that any outstanding accounts for work carried out by Funky Software or its affiliates are required to be paid in full, no later than 30 days from the date of the invoice unless by prior arrangement with Funky Software. We will contact clients via email and telephone to remind them of such payments if they are not received when due. Any unpaid balance shall be immediately due and payable and we shall be entitled to recover payment upon demand.
Following consistent non payment of an invoice our Solicitors will contact the client in question, with a view to taking the matter further and if need be to seek payment through legal procedures, and if necessary court summons.
If any sum payable is not paid on or before the due date for payment, we reserve the right to suspend our services. We shall not upload the approved website to our hosting server or supply the website files to you for use on any third party hosting server until payment in full has been received.
Funky Software reserves the right to remove it’s work for the Client from the Internet if payments are not received.
Funky Software reserves the right to sell a website, graphics and any programming code to a third party if the full account is not paid within 90 days, in order to recoup any losses.
Your Privacy
We do not share or sell any of your details with third party companies, without your express permission and we will only email you or contact you about work related matters.
Complaints Procedure
Informal procedure
Anyone who experiences a problem with their web service provided by Funky Software should raise the matter directly using our contact form to do so, giving sufficient information to locate the material (such as a url) and clearly outlining the grounds for complaint.
Funky Software will approach the individual responsible for the material in question with a view to resolving the matter to the satisfaction of the complainant.
Formal complaints procedure
The formal complaints procedure should only be used where the complainant feels that the nature of the complaint is too serious to be dealt with informally, or where a satisfactory conclusion has not been reached after following the informal procedure.
A formal complaint should be made in writing to Funky Software, who will acknowledge receipt and ensure that the matter is looked into as soon as possible.
An initial response to any complaint can be expected within seven days of its receipt; a full and considered response to the complaint should be completed within 30 days and any subsequent remedy implemented with the minimum of delay.
E&OE