Terms & Conditions

The following terms and conditions apply to all services, including Website Development, Software Development, IT Equipment Sales, IT Services, Digital Marketing, Positioning SEO & SEM, Design Services and any other services on https://itglobalproject.com, (hereinafter SERVICES) provided by ITGP SOLUTIONS TECHNOLOGIES CONSULTING, S.L (hereinafter the “IT GLOBAL PROJECT”) to the Client (hereinafter CLIENT), in conjunction with any relevant quotation provided to the CLIENT by “IT GLOBAL PROJECT (TERMS), unless otherwise agreed in writing.

General Approach

For general PROJECTS we employ the following steps:

• Upon quote acceptance/signoff, initiation payment is processed to start the work. As required by the PROJECTS, we may hold a Scoping Workshop to discuss the requirements in detail.
• Once we have the brand details such as logo, images, branding materials and many others characteristics, we will have a template or mock-up for your review within 2 to 5 working days.
•  You can review the design and suggest improvements accordingly. Depending upon your project, generally up to 3 to 5 design modifications that can be done within the given estimates. Please refer to your allocated design and development hours for details.
• Once design is finalised & approved, we’ll proceed with the development.
• Once, design is done, if CMS is included in your project, we will proceed to setup your website on your selected Content Management System (CMS: WordPress, Prestashop, Joomla, others). Please provide all content and copy prior to the development phase.
• Once the PROJECT is ready from our end, we generally hand it over to you for further review, test and/or to upload/change contents as necessary.
• At this stage you need to give us a Go-Live date for us to make the new PROJECT live.
• Your website can be made live within 5 – 10 working days of a Go Live approval, assuming that the accounts are clear. Kindly note that we require full payment prior to transferring the PROJECT on any external servers.
• Kindly note, there are limited man-hours allocated on the PROJECT. For example: The estimates for all website under 1500€ are based on an assumption that PROJECT will to be completed over three to four working weeks depending upon the size of your PROJECT. Any further delays may increase the PROJECT management costs. If you do not believe the PROJECT to be completed within this time frame, please do let us know prior to starting the project.
• Also, generally speaking, going-back and forth takes a lot of time. We encourage you to provide all necessary details, at the start of the PROJECT to ensure that the project team’s time is efficiently utilized on your project and you do not incur any unnecessary additional costs.
• You will be kept updated via emails and/or telephone calls as the PROJECT demands. However, please do not hesitate to contact us any time you require a PROJECT status. Also, please always keep us updated with your relevant email addresses/contact details.
• Once the PROJECT has been made live on the client’s domain, it is their responsibility to take regular full back-ups and to update all components and third party softwares. In case of no Maintenance Agreement.

We consider ourselves to be very flexible and adaptable and approach all requests with a ‘can do’ attitude. If you require something changed, please feel free to discuss with us. Please contact us if you require further details or have any questions. We look forward to working together with you on your project!

Acceptance

Acceptance of a quote, purchase and/or use of the PROJECTS shall be considered acceptance of the TERMS.
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 then the CLIENT will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.

Charges

Charges for the PROJECTS are defined in the project quotation that the CLIENT receives from IT GLOBAL PROJECT via email . Quotations are valid for a period of 15 days. IT GLOBAL PROJECT reserves the right to alter a quotation or decline to provide the relevant PROJECTS after expiry of the 15 days.

Unless agreed otherwise with the CLIENT , all our services require an advance payment of a minimum of fifty (50) percent of the project quotation total before the work commences. A second payment of fifty (50) percent is required after the client review and design sign off stage, with the remaining percentage of the project quotation total due upon completion of the work, prior to upload to the server or release of materials.

The Client agrees to reimburse IT GLOBAL PROJECT for any additional expenses necessary for the completion of the work. Expenses may include (but are not limited to) purchase of domain names, special requirements, templates, licenses, stock photography and others..

All Charges are exclusive of TAX (IVA).

Client Review

IT GLOBAL PROJECT 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 IT GLOBAL PROJECT otherwise within ten (10) days of the date the materials are made available to the Client.

Turnaround Time and Content Control

IT GLOBAL PROJECT will install and publicly post or supply the Client’s website by the date specified in the project proposal, or at the date agreed with Client upon IT GLOBAL PROJECT receiving initial payment, unless a delay is specifically requested by the Client and agreed by IT GLOBAL PROJECT.

In return, the Client agrees to provide IT GLOBAL PROJECT promptly with all necessary co-operation, information, materials and data, access to staff and timely decision-making which may be reasonably required by Wombat Creative for the performance of the Services. This shall include the Client delegating a single individual as a primary contact to aid Wombat Creative with progressing the commission in a satisfactory and expedient manner.

During the project, Wombat Creative will require the Client to provide website content; text, images, movies and sound files, along with any relevant background information.

Failure to provide required website content

Wombat Creative is a small business, and 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 the Client provides all the required information in advance. On any occasion where progress cannot be made with the Client’s 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% of the Charges. If the Services involve Search Engine Optimisation we need the text content for the Client’s site in advance so that the SEO can be planned and completed efficiently.

If the Client agrees 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, do not give us the go ahead to start until you are ready to do so.

NOTE: Text content must 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 must have the same titles as the agreed website pages. Contact us if you need clarification on this.

Using our content management system the Client is able to keep your content up to date itself.

Payment and Refund Terms

• All prices are quoted in EURO or Ameican dollars are non inclusive of TAXES unless specified.
• All invoices are to be processed as per the schedule via your preferred method of payment.
• There is a surcharge charged for payments made via PAYPAL or STRIPE. This is charged is for the credit card payments.
• Bank Account Transfers payments must be made within 5 working days of each payment schedule, unless mutually agreed otherwise. Final payment must be made prior to project going live.
• Receipt of payment is deemed as acceptance of the quote, delivery, project and terms & conditions.
• IT GLOBAL PROJECT reserves the right to negotiate and refund appropriate portion of the amount paid by customer towards the requested service. If you cancel your order after making the payment, but the work has not commenced, we will refund 75% of the payment that you have already made. If the order is cancelled after the commencement of work, the maximum refund or charge will be 50% of the invoice. There will be no refund or adjustments if cancellation is called when more than 50% of the work has been completed. All cancellations must be received in writing and can be sent via regular mail, email or fax. Telephone requests on cancellations will not be accepted.

For minor or once-off works, payments need to be made either in advance or as per the terms mentioned in the invoice/proposal. If you require any changes to the terms, you must inform us in writing (emails accepted) within two working days of the receipt of the same.

• Late fees and charges: All outstanding invoices will incur a late payment fee of 10% of the pending amount and an administration fee of 5€ per month, from the due date.
• If you are late with a payment or have any queries regarding the Invoice, please contact Accounts Manager immediately on receiving the invoice or reminder emails.
• All communications/correspondences are generally done via emails. It is client’s responsibility to keep us updated with their relevant email addresses.
• Any payment relating to the domain name registration renewal or hosting or any 3rd party products or service purchased on behalf of the client will have to be paid in full and is non-refundable. In case of all renewal cancellations, we must be notified at least 30 days before the renewal date.
• IT GLOBAL PROJECT generally builds and tests the websites/applications on our own servers or hosted domains. The website/application will be transferred-off to the nominated 3rd party server upon full payment of all invoices and dues.
• Invoices will be provided by IT GLOBAL PROJECT upon completion but before publishing the live website. Invoices are normally sent via email; however, the Client may choose to receive hard copy invoices. Invoices are due upon receipt.
• Client agrees to reimburse IT GLOBAL PROJECT for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography, plugins etc. This payment will be required prior to the purchase of the additional required materials.

Web Browsers

 IT GLOBAL PROJECT 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, Microsoft Edge, Google Chrome, etc.). The client agrees that Helios Web Design cannot guarantee correct functionality with all browser software across different operating systems.

 IT GLOBAL PROJECT cannot accept responsibility for web pages which do not display acceptably in obsolete version or new versions of browsers released after the website have been designed and handed over to the Client. As such, Helios Web Design 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.

Termination

Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. Email or telephone requests for termination of services will not be honoured until and unless confirmed in writing. The Client will be invoiced for work completed (including any expenses incurred, as outlined in clause CHARGES) to the date of first notice of cancellation for payment in full within thirty (30) days.

Indemnity

IT GLOBAL PROJECT services may be used for lawful purposes only. The Client agrees to indemnify and hold harmless Wombat Creative against all damages, losses and expenses arising as a result of any and all actions or claims resulting from the Client’s use of IT GLOBAL PROJECT’S service.

Intellectual Property

All content of this website is a property of IT GLOBAL PROJECT unless otherwise specified. IT GLOBAL PROJECT reserves the right to change the content or policies without any prior notice.

The project related copyrights can be transferred to the client at an additional cost, after the full payment of the project and upon signing the Certificate of Acceptance. IT GLOBAL PROJECT reserves the rights to refuse the transfer of ownership if irregular circumstances arise.

Copyrights handed over to the client do not include rights to re-use the code for another website or re-sell the programming codes for any commercial or non-commercial purposes. In the case of business restructuring or ownership change, ownership of the website may be transferred from one owner to another. New owners are not allowed to re-sell or re-use for any commercial or non-commercial purpose. IT GLOBAL PROJECT softwares are proprietary of IT GLOBAL PROJECT and can not be transferred to any external host.

In an event of a Webmaster change, site owners are not allowed to display the credits to the new website, unless such time that the website functionality and appearance is changed by over 50% of our original work.

Confindentiality

Each party (the RECEIVING PARTY) shall use its reasonable endeavours to keep confidential all information and documentation disclosed by the other party (the DISCLOSING PARTY), before or after the date of these Terms, to the RECEIVING PARTY or of which the RECEIVING PARTY becomes aware which in each case relates to any software, operations, products, processes, dealings, trade secrets or the business of the Disclosing Party (including without limitation all associated software, specifications, designs and graphics) or which is identified by the DISCLOSING PARTY as confidential (the Confidential Information) and will not use any Confidential Information for any purpose other than the performance of its obligations under these Terms. The Receiving Party shall not disclose Confidential Information to any third party without the prior written consent of the Disclosing Party. This clause shall survive the termination of these Terms for whatever cause.

During the term of these Terms the Receiving Party may disclose the Confidential Information to its employees and sub-contractors (any such person being referred to as the Recipient) to the extent that it is reasonably necessary for the purposes of these Terms. The Receiving Party shall procure that each Recipient is made aware of and complies with all the Receiving Party’s obligations of confidentiality under these Terms as if the Recipient was a party to these Terms.

The obligations in this clause CONFIDENTIALITY shall not apply to any Confidential Information which is:

• At the date of these Terms already in, or at any time after the date of these Terms comes into, the public domain other than through breach of these Terms by the Receiving Party or any Recipient;
• Furnished to the Receiving Party or any Recipient without restriction by a third party having a bona fide right to do so; or
• Required to be disclosed by the Receiving Party by law or regulatory requirements, provided that the Receiving Party shall give the Disclosing Party as much notice as reasonably practicable of the requirement for such disclosure.

All tangible forms of Confidential Information, including, without limitation, all summaries, copies, excerpts of any Confidential Information whether prepared by the Disclosing Party or not, shall be the sole property of the DISCLOSING PARTY, and shall be immediately delivered by the Receiving Party to the DISCLOSING PARTY upon the DISCLOSING PARTY’s request or the termination of these Terms (whichever is earlier). The Receiving Party shall not copy, reproduce, publish or distribute in whole or in part any Confidential Information without the prior written consent of the DISCLOSING PARTY.

Data Protection

For the purposes of this clause, Data Protection Law means the General Data Protection Regulation (EU) 2016/679, the Data Protection Act 2018, any other data protection and/or privacy laws applicable to Wombat Creative, and any applicable laws replacing, amending, extending, re-enacting or consolidating the above from time to time.

Both parties will comply with all applicable requirements of Data Protection Law. This clause is in addition to, and does not relieve, remove or replace, a party’s obligations or rights under Data Protection Law.

The Client will comply with Data Protection Law in connection with the collection, storage and processing of personal data (which shall include you providing all the required fair processing information to, and obtaining all necessary consent from, data subjects), and the exercise and performance of your respective rights and obligations under these terms and conditions, including all instructions given by the Client to Wombat Creative and maintaining all relevant regulatory registrations and notifications as required under Data Protection Law.

The parties acknowledge that if Wombat Creative processes any personal data on the Client’s behalf when performing its obligations under this agreement, the Client is the controller and Wombat Creative is the processor for the purposes of Data Protection Law.

The scope, nature and purpose of processing by Wombat Creative, the duration of the processing and the types of personal data and categories of data subject are set out in our Privacy Notice and the project quotation.

In relation to the processing of personal data under these terms and conditions, Wombat Creative shall:

• Process personal data on the Client’s behalf only on and in accordance with the Client’s documented instructions as set out in this clause 11 (as updated from time to time by agreement between the parties), unless required to do so by applicable law; in such a case, we shall inform you of that legal requirement before processing, unless that law prohibits such information on important grounds of public interest;
• Ensure that persons authorised to process personal data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality;
• Implement and maintain appropriate technical and organisational measures in relation to the processing of personal data; you hereby acknowledge that you are satisfied that our processing operations and technical and organisational measures are suitable for the purposes for which you propose to use our services and engage us to process the personal data;
• Promptly refer all data subject requests we receive to you and, taking into account the nature of the processing, assist you by appropriate technical and organisational measures, insofar as this is possible, for the fulfilment of your obligation to respond to requests for exercising the data subject’s rights laid down in Chapter III of the GDPR;
• Assist you in ensuring compliance with the obligations pursuant to Articles 32 to 36 of the GDPR, taking into account the nature of processing and the information available to us and only in the event that you cannot reasonably be expected to comply with the requirements of Articles 32 to 36 without our information and/or assistance (e.g. you do not possess or otherwise have access to the information requested). We may charge our reasonable costs on a time and materials basis in providing you with such assistance;
• Retain personal data in accordance with the retention periods set out in our Privacy Notice;
• Make available to you all information necessary to demonstrate compliance with the obligations laid down in Article 28(3) and allow for and contribute to audits, including inspections, conducted by you or another auditor mandated by you provided: (i) you give us at least 7 days prior notice of an audit or inspection being required; (ii) you give us a reasonable period of time to comply with any information request; (iii) ensuring that all information obtained or generated by you or your auditor(s) in connection with such information requests, inspections and audits is kept strictly confidential; (iv) ensuring that such audit or inspection is undertaken during normal business hours, with minimal disruption to our business; (v) no more than one audit and one information request is permitted per calendar year; and (vi) paying our reasonable costs for assisting with the provision of information and allowing for and contributing to inspections and audits;
• Take reasonable steps to ensure the reliability of anyone who we allow to have access to personal data, ensuring that in each case access is limited to those individuals who need to know or access the relevant personal data, as necessary for the purposes of the Terms; and
• Notify the Client without delay (and if possible within 24 hours) upon us or any sub-processor becoming aware of a personal data breach affecting personal data processed on the Client’s behalf, providing the Client with sufficient information to allow you to meet any obligations to report or inform data subjects of the personal data breach.

The Client hereby gives Wombat Creative consent to engage sub-processors for processing of personal data on your behalf. We shall inform the Client before transferring any personal data processed on your behalf to a new sub-processor. Following receipt of such information you shall notify us if you object to the new sub-processor. If you do not object to the sub-processor within seven calendar days of receiving the information, you shall be deemed to have accepted the sub-processor. If you have raised a reasonable objection to the new sub-processor, and the parties have failed to agree on a solution within reasonable time, the Client shall have the right to terminate these Terms with a notice period determined by the Client, without prejudice to any other remedies available under law or contract. During the notice period, we shall not transfer any personal data processed on the Client’s behalf to the sub-processor.

More information on: COOKIES POLICY

Wombat Creative shall enter into appropriate written agreements with all of its sub-processors on terms substantially similar to these Terms. We shall remain primarily liable to the Client for the performance or non-performance of the sub-processors’ obligations. Upon your request, we are obliged to provide information regarding any sub-processor, including name, address and the processing carried out by the sub-processor.

We will not transfer personal data processed on your behalf to a country outside the United Kingdom which is not recognised by the European Commission to have an adequate level of protection in accordance with Data Protection Law unless the transfer is effected by such legally enforceable mechanism(s) for transfers of personal data as may be permitted under Data Protection Laws from time to time.

Standard Media Delivery

The Client agrees that the website developed for the Client may be presented in IT GLOBAL PROJECT’s portfolio, and hereby grants IT GLOBAL PROJECT a worldwide, perpetual, non-exclusive license to use its name, logo and branding for advertising, marketing and promotional activities.

Unless otherwise specified in the project quotation, this agreement assumes that any text will be provided by the Client in electronic format (text files delivered on USB drive or via e-mail or FTP) and that all photographs and other graphics will be provided in .gif, .jpeg, .png or .tiff format. Although every reasonable attempt shall be made by Helios Web Design 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.

A link to IT GLOBAL PROJECT will 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 2000€, a fixed fee of 200€ will be applied.

Third Party Servers

If the Client’s website is to be installed on a third-party server, IT GLOBAL PROJECT 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.

IT GLOBAL PROJECT designs and tests websites to work on its own servers, and cannot guarantee correct functionality if the Client wishes to use a third-party server. In the event that the Client is using a third-party server, it is the responsibility of the Client and any third party host to ensure that the server is compatible with the website. IT GLOBAL PROJECT will assist the Client to configure the server if this is required. However, this may be subject to additional charges.

Post-Placement Alterations

IT GLOBAL PROJECT cannot accept responsibility for any alterations caused by the Client or a third party occurring to the PROJECT once installed. Such alterations include, but are not limited to additions, modifications or deletions.

In the event that the Client wishes to make alterations to the PROJECT once installed, the Client agrees to give IT GLOBAL PROJECT the opportunity to quote to provide such alterations. There is no obligation on the Client to accept the quote provided by IT GLOBAL PROJECT.

Domain Names

IT GLOBAL PROJECT may purchase domain names on behalf of the Client. Payment in relation to, 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 IT GLOBAL PROJECT. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.

Third Party Products

Any third party software which IT GLOBAL PROJECT agrees to provide shall be supplied in accordance with the relevant licensor’s standard terms. The one-off license fee for such third party software is included in the Charges payable pursuant to clause CHARGES.

Digital Marketing

Wombat Creative will honour the components of your chosen digital marketing scope of work, providing an agreement to a minimum 3 months contract is served and monthly payments are received in advance. In the event that payment is not received on time, we regret that further work will be halted until this is rectified.

Synapse employs fair use policy, which means that although we don’t formally transfer over any unused time to the next month or formally accumulate unused man-hours, we do understand that your needs may change from month to month, and we allow flexibility in good faith sometimes.

Any extra hours used may be billed separately. Any urgent tasks will be charged separately.

Liability

Nothing in these Terms shall operate to exclude or limit either party’s liability for: (a) death or personal injury caused by its negligence; (b) fraud; or (c) any other liability which cannot be excluded or limited under applicable law.

Wombat Creative shall not be liable under or in connection with these Terms or any collateral contract for any: (a) loss of revenue; (b) loss of actual or anticipated profits; (c) loss of contracts; (d) loss of business; (e) loss of opportunity; (f) loss of goodwill or reputation; (g) loss of, damage to or corruption of data; (h) any indirect or consequential loss; (i) loss or damage caused by any inaccuracy, omission, delay or error, whether as a result of negligence or other cause in the production of the website; or (j) loss or damage to the Client’s artwork/photos supplied for the website, whether as a result of negligence or otherwise.

The entire liability of Wombat Creative 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.

Severability

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 original provision.

Governing Law and Jurisdiction

These Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.

Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms or their subject matter or formation.

Others

In addition to the aforementioned, the user has the possibility to visit the rest of our legal regulations at the following links: