Terms of Service.
Terms and Conditions
Updated 05 February 2024
We are SiteTales, trading as SiteTales (“The Company”, “SiteTales”, “we”, “us” or “our”). The following Terms and Conditions apply to all products and services (collectively, the “Services”) provided by us. As the Customer, you confirm that, in relation to any agreement entered into and the purchase by you of the Service(s), you are acting in a “business capacity” and are not and will not “deal as a consumer” for the purpose of section 12 of the Unfair Contract Terms Act 1977.
Acceptance
It is not necessary for any Customer to have signed an acceptance of these Terms and Conditions for them to apply. If a Customer accepts a proposal, they 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.
Fees and Charges
SiteTales provides ‘digital media’ Services including design, development, software, photographic, and image processing Services. These include, but are not limited to, the creation of websites, online stores, print media, software, front-end web development, and the subcontracting of hosting Services. Collectively, SiteTales refers to these as the “Services”.
2.1 Websites, Online Stores, and Hosting
Charges for our Services are defined in the Proposal that the Customer receives via e-mail. The terms of the Proposal are effective for 30 days after presentation to the Customer. If the Customer does not execute this Agreement within the time identified, the Proposal, together with any related Terms and Conditions and deliverables, may be subject to amendment, change, or substitution. SiteTales reserves the right to alter or decline to provide a Proposal after the expiry of the 30 days.
Websites are designed and developed by us and then centrally hosted and delivered to you under a software-as-a-service subscription model. Our Services are offered with a minimum commitment period of twelve (12) months (per Service), commencing from the date of initiation. Subscription fees are payable on an annual basis, in advance.
At the end of the contract term, your contract will automatically renew for an additional contract term until explicitly cancelled by you. Cancellation must be issued to one of our email addresses at least thirty (30) days prior to the end of the contract term. This notice allows for the necessary arrangements to be made and ensures a smooth transition for both parties. Any cancellation requests received after the notice period will be processed at the conclusion of the subsequent contract term.
Unless otherwise agreed, all design Services require an advance payment of a minimum of fifty (50) percent of the project quotation total before the work is supplied to the Customer for review. The balance of the project quotation total is due upon completion of the work. If our total design or development fees are less than €500, full payment (100%) must be made before we commence work.
Deposits and payments for Services rendered are considered fully earned and non-refundable.
2.2 Developer Services
If our total developer fees are less than €500, full payment (100%) must be made before we commence work. Where our quotation is for more than €500, we require an advance payment of a minimum of fifty (50) percent of the project quotation total before we commence work.
Payments for Services rendered, including developer time and software, are considered fully earned and non-refundable.
2.3 Software
Software (“Extensions”, “Plugins”, “digital content” or “code”) must be paid for in full (100%) before it is supplied.
Our Software is normally provided within three Business Days. “Business Day” means 10:00 - 18:00 on any day, other than a Saturday, Sunday or a public holiday, when banks in Eindhoven are open for business.
By purchasing Software you acknowledge that once the content has been provided, you lose your right to cancel the order, or to receive a refund unless the Software can be proven to be faulty. This is in line with EU law.
Unless explicitly stated on the order, the Customer will be emailed access to installation instructions explaining how to install the Software on their website themselves. The Customer may not give or grant any third-party access to the installation instructions.
The proprietary markings contained within the Software, including without limitation any copyright notices or confidential legends, must not be concealed, modified, removed, or destroyed in any way.
The Customer must not reverse engineer the Software or attempt to reverse engineer the Software.
The Customer must not sell, resell, redistribute, lease, loan, publish, distribute, redistribute, merge, or transfer the Software, or the installation instructions.
SiteTales will not install or modify the Software for the Customer unless the Software has been purchased “with installation”.
If Software is purchased “with installation”, we will install the Software on the Customer’s website within three Business Days of purchase, provided that the Customer has added us as a contributor to their website with administrative permissions, as specified on the order form. We will install the Software and will not make any adjustments, modifications, or customisations to the code. On request, and at our sole discretion, we may provide the Customer with an estimate for such additional work.
When you purchase Software from us, you will receive a single copy of the Software for use on the website that you specify at the time of purchase. The Software is not transferable and will stop working if the domain name or primary domain name does not match the details that you specify at the time of purchase.
Customer Review
SiteTales will provide the Customer with an opportunity to review the appearance and content of the Services during the design phase and once the overall project is completed.
If the Customer wants to change the Scope of Work after acceptance of this Agreement, they shall send us a written instruction describing the requested changes in detail. Within seven (7) days of receiving this, we will respond with a statement proposing our availability, additional fees, changes to delivery dates, and any modification to the Terms and Conditions. We will evaluate each change at our standard hourly rate.
At the completion of the project, the Services provided will be deemed to be accepted and approved unless the Customer notifies us otherwise within seven (7) days of the date the materials are made available to the Customer.
Turnaround Time and Content Control
SiteTales will build and publicly post the Customer’s website by the date specified in the project proposal, or at a date agreed with the Customer upon the Company receiving initial payment, unless a delay is specifically requested by the Customer and agreed by us.
In return, the Customer agrees to delegate a single individual as a primary contact to aid us with progressing the commission in a satisfactory and expedient manner.
As a small business, we must ensure that work we have scheduled is carried out at the agreed time, and on occasions, we may have to reject offers for other work to ensure that your work is completed on time. On any occasion where progress cannot be made with your project because we have not been given the required information in the agreed time frame, and we are delayed as a result, we reserve the right to impose a surcharge of up to 25%.
During the project, SiteTales will require the Customer to provide website content, including but not limited to text, suitable images, documents, videos, and/or sound files. We ask that you provide all the required information in advance. Failure to adhere to this request may result in a delay in the website launch or work completion date.
The Customer guarantees that all elements of text, images, or other artwork provided are either owned by the Customer or that the Customer has permission to use them. If photographs were taken in a private setting, the Customer guarantees that all persons in the photographs have given their consent to be photographed and for their image to be published on the website.
The Customer agrees to protect us from any claim by a third party that we are using the third party’s intellectual property.
4.1 Text Content
Unless otherwise agreed, the Customer is solely responsible for supplying all text content, commonly referred to as "copy”. The Customer should provide all text content for the project in a structured document format, ideally Microsoft Word. The document shall include clearly titled sections corresponding to the agreed-upon page names within the project scope. The document must not contain images.
Failure to adhere to this specified format may result in delays and additional charges for reformatting or content organisation. The Customer is responsible for verifying the accuracy of the text content provided and for proofreading all text to ensure the absence of any mistakes or errors. SiteTales shall not be held liable for any deficiencies, inaccuracies, or legal issues related to the content provided by the Customer.
The Customer understands that timely provision of appropriately formatted content is essential for the expeditious completion of the project. SiteTales shall not be held liable for delays to the project resulting from delays in the Customer’s provision of content.
4.2 Graphics and Image Content
The Customer should supply graphic files, including logos, in an editable, vector digital format.
The Customer should supply photographs as individual high-resolution JPEG or PNG files at least 2500 pixels wide, with filenames that indicate their content. Contact us if you need clarification on this.
Payment
Invoices will be sent to the Customer at the intervals defined in the Proposal. Invoices are sent via email and are due upon receipt. Payment for Services is due by electronic transfer (preferred) or cheque. Payment details are shown on our invoices.
Accounts that remain unpaid thirty (30) days after the date of the invoice will be assessed a service charge in the amount of the higher of one and one-half percent (1.5%) per month or the maximum permitted by law on the unpaid balance. In the event that the Customer fails to pay any invoice by the due date, we reserve the right to suspend or terminate the Services until payment is received in full.
Termination and Suspension
If the Customer fails to pay for the Services as outlined in these Terms and Conditions, SiteTales may, at its discretion, suspend or terminate the provision of Services until the outstanding payment is received.
In the event of termination by SiteTales due to non-payment or breach of these Terms and Conditions, the Customer will remain liable for any outstanding fees and charges up to the date of termination.
Intellectual Property Rights
All intellectual property rights in the materials provided by SiteTales, including but not limited to website design, software, and code, shall remain the property of SiteTales unless otherwise agreed in writing. The Customer is granted a non-exclusive, non-transferable license to use such materials solely for the purpose for which they were supplied.
The Customer shall not reproduce, modify, or distribute the materials without the prior written consent of SiteTales.
Liability and Indemnity
SiteTales shall not be liable for any indirect, incidental, or consequential damages arising from the use of our Services or from any errors or omissions in the materials provided. The Customer agrees to indemnify and hold harmless SiteTales from any claims, liabilities, or expenses arising from the Customer’s use of the Services or any breach of these Terms and Conditions.Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of The Netherlands. Any disputes arising from these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of Eindhoven, The Netherlands.Amendments
SiteTales reserves the right to amend these Terms and Conditions at any time. Any amendments will be effective immediately upon posting on our website. The Customer is encouraged to review the Terms and Conditions periodically for any changes.Contact Information
For any questions or concerns regarding these Terms and Conditions or our Services, please contact us at: hello@sitetales.com