The following Terms of Service (“TOS,” “Terms” or “Agreement”) apply to all services provided by We are AG (“We are AG,” “we,” “us,” or “our”) to you. By purchasing services from us you agree to this TOS.
1. Acceptance of terms
1.1 It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote or service then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.
Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.
1.2 This TOS, together with your Order / invoice, represent the entire agreement relating to the Services and supersedes any agreements previously entered into between you and We are AG. Any other contract provisions presented by you are expressly rejected.
1.3 In addition to this TOS, all domain name registrations are subject to the terms and conditions of any registrar We are AG may use to fulfill the Order and their rules and regulations. You agree to be bound by the rules and regulations and dispute resolution policies applicable to each domain name applied for on your behalf.
1.4 The current TOS is always available on We are AG’s website. We may alter this TOS at any time without notification to you. If you do not agree to any changes, you must terminate your Services within 30 days.
2.1 Charges for services to be provided by We are AG are defined in the quotation / invoice that the Client receives via e-mail. Quotations are valid for a period of 15 days. We are AG reserves the right to alter or decline to provide a quotation after expiry of the 15 days.
2.2 We charge for the development of websites at various stages. Before we start work, a 50% deposit of the total sum due is payable (the deposit). The final 50% is payable when the website is complete and ready to go-live (final payment) Your website will only be switched to live mode when it has been paid for, in full. The initial deposit payment is non-refundable after We are AG has committed resource or completed research and/or design work on the client’s project.
2.3 Projects that have a total cost of under £150.00 will have the full amount invoiced before work starts, this must be paid before any work starts. Minimum charge is one hour.
2.4 Payment for services is due by bank transfer. Bank details will be made available on all invoices.
3. Client Review
3.1 We are AG will provide the Client with an opportunity to review the appearance and content of the website during the design phase and once the overall website development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies We are AG otherwise within ten (10) days of the date the materials are made available to the Client.
4. Turnaround Time and Content Control
4.1 We are AG will install and publicly post or supply the Client’s website by the date specified in the project proposal, or at date agreed with Client upon We are AG receiving initial payment, unless a delay is specifically requested by the Client and agreed by We are AG.
4.2 In return, the Client agrees to delegate a single individual as a primary contact to aid We are AG with progressing the commission in a satisfactory and expedient manner.
4.3 During the project, We are AG will require the Client to provide website content; text, images, movies and sound files
5. Failure to provide required website content
5.1 We are AG is a small business, to remain efficient we must ensure that work we have programmed is carried out at the scheduled time. On occasions we may have to reject offers for other work and enquiries to ensure that your work is completed at the time arranged.
This is why we ask that you provide all the required information in advance. On any occasion where progress cannot be made with your website because we have not been given the required information in the agreed time frame, and we are delayed as result, we reserve the right to impose a surcharge of up to 25%.
5.2 If you agree to provide us with the required information and subsequently fail to do within one week of project commencement we reserve the right to close the project and the balance remaining becomes payable immediately. Simply put, all the above condition says is do not give us the go ahead to start until you are ready to do so.
NOTE: Text content should be delivered as a Microsoft Word, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website. These pages should have the same titles as the agreed website pages. Contact us if you need clarification on this.
6. Project Payment
Invoices will be provided by We are AG upon completion but before publishing the live website. Invoices are normally sent via email; however, the Client may choose to receive hard copy invoices.
7. Late Payments & Refunds
7.1 All invoices are due upon receipt. Accounts that remain unpaid thirty (30) days or seven (7) days for monthly contracts after the date of the invoice will be assessed a service charge of £50.00 per month & an additional 5% (of total project / monthly contract) penalty will be added for each month of delinquency to final invoice. In case collection proves necessary, the client agrees to pay all fees incurred by that process.
7.2 You are responsible for the charges set out on the Order / invoice, in the currency specified on the Order (Fees).
7.3 Invoices are due immediately upon receipt (Due Date). We are AG reserves the right to suspend the Services until payment is made. Time for payment is of the essence. Domain name registration Fees must be paid in full before your Order will be processed.
7.3 It is your responsibility to ensure that we receive payment of the Fees. Should the Services be suspended, for any reason, Fees will continue to accrue. Domain name registration Fees are not refundable.
7.4 If you believe there is an error on your bill, you must contact us in writing. We each agree to work together in good faith to resolve any billing disputes. If you contact your credit card company, prior to notifying us of a dispute, and initiate a “chargeback” based on this dispute, we will charge you for investigation and processing. This compensates us for the investigation your card issuer requires us to conduct in order to demonstrate our right to payment. All of your Services may be suspended during bill disputes. To reactivate your Services, you must first pay all outstanding Fees.
7.5 We are AG is not responsible for delays to refunds caused by processing institutions or expiration of the original payment method.
8. Additional Expenses
Client agrees to reimburse We are AG for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography etc.
9. Web Browsers
9.1 We are AG makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Internet Explorer Edge, Google Chrome, etc.). Client agrees that We are AG cannot guarantee correct functionality with all browser software across different operating systems.
9.2 We are AG cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website have been designed and handed over to the Client. As such, We are AG reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.
10.1 Accounts unpaid thirty (30) days after the date of invoice will be considered in default.
10.2 If the Client in default maintains any information or files on We are AG’s Web space, We are AG will, at its discretion, remove all such material from its web space.
10.3 We are AG is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account.
10.4 Clients with accounts in default agree to pay We are AG reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by We are AG in enforcing these Terms and Conditions.
11. Termination by the client
Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. E-mail or telephone requests for termination of services will not be honoured until and unless confirmed in writing. The Client will be invoiced for design work completed to the date of first notice of cancellation for payment in full within thirty (30) days.
12. Termination by the us
Termination of services by We are AG will be in a written notice and will be effective on sending of such notice.
All We are AG services may be used for lawful purposes only. You agree to indemnify and hold We are AG harmless from any claims resulting from your use of our service that damages you or any other party.
The Client retains the copyright to data, files and graphic logos provided by the Client, and grants We are AG the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting We are AG permission and rights for use of the same and agrees to indemnify and hold harmless We are AG from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. Evidence of permissions and authorities may be requested.
15. Standard Media Delivery
Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format (ASCII text files delivered via e-mail or FTP) and that all photographs and other graphics will be provided physically in high quality print suitable for scanning or electronically in .gif, .jpeg, .png or .tiff format. Although every reasonable attempt shall be made by We are AG to return to the Client any images or printed material provided for use in creation of the Client’s website, such return cannot be guaranteed.
16. Website Credit
A link to We are AG may appear in either small type or by a small graphic at the bottom of the Client’s website. If a graphic is used, it will be designed to fit in with the overall site design. If a client requests that the design credit be removed, a nominal fee of 10% of the total development charges will be applied. When total development charges are less than £5000, a fixed fee of £500 will be applied. The Client also agrees that the website developed for the Client may be presented in We are AG’s portfolio.
17. Access Requirements
If the Client’s website is to be installed on a third-party server, We are AG must be granted temporary read/write access to the Client’s storage directories which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.
18. Post-Placement Alterations
We are AG cannot accept responsibility for any alterations caused by a third party occurring to the Client’s pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.
19. Domain Names
We are AG may purchase domain names on behalf of the Client. Payment and renewal of those domain names is the responsibility of the Client. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of We are AG. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.
20. Governing Law
This Agreement shall be governed by English Law.
We are AG hereby excludes itself, its Employees and or Agents from all and any liability from:
Loss or damage caused by any inaccuracy;
Loss or damage caused by omission;
Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site;
Loss or damage to clients’ artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.
The entire liability of We are AG to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.
In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid,
22.1 Email – support ticket is our primary method of contact with regard to all communication for your websites design and development. Email is obviously the most efficient and cost-effective form of contact. If you have any problems with the design or development of your website
22.2 It is the client’s responsibility to inform us of any change in email address so we always have valid contact details. We cannot be held liable in any way for problems relating to communication issues if we are not supplied with a valid email address.
22.3 It is important for the client to keep in contact with We are AG throughout the entire project. If a client does not make contact for more than 2 weeks, we will make up to 5 attempts to contact the client by email using the email address for the client held on file. If we do not receive a response to these attempts of contact the project may be terminated, and the deposit will not be refunded. If the client wishes to postpone the project for a period of longer than 2 weeks, please contact us otherwise the project may be archived. We reserve the right to levy a £50 administration fee if the client returns after an unapproved postponement period and wishes to continue work on their project.
All plugin sales are subject to a 12 months licence which will allow users to get free support and updates. Users can continue to use plugins without licence but will get no support or updates.
23. Technical support
Our technical support is available for all current customers and is provided on an as-is, as available basis. If your request for technical support exceeds that of similarly situated customers or is within the scope of our paid support and development services, we may charge you additional support fees. We will inform you, and receive your consent, prior to charging you for technical support.