Terms and Conditions

Terms and Conditions

WEBSITE DESIGN TERMS AND CONDITIONS INCLUDING GDPR

TERMS & CONDITIONS – GDPR COMPLIANCE

webyouup.co Terms and Conditions

A. Definitions

Development
For the purposes of this contract development in most cases will refer to the development of a website or other media piece agreed by a Client and webyouup.co.

Client
The Client is the person entering into an agreement with webyouup.co for the purchase of services usually but not restricted to website development and other associated media.
webyouup.co is the vendor and provider of services.

Accessible
For the terms of this contract accessible will refer in most cases to accessible website design as referred to by W3C Guidelines.
Agreement
The Client agrees to be bound by the following terms and conditions. Any amendments to the following must be mutually agreed.

GDPR
General Data Protection Regulation

B. Development Process

  1. webyouup.co agrees that all of the business affairs and information of the Client are to be kept confidential except where necessary for the execution of their services for the Client.
  2. webyouup.co will host the Client’s website unless otherwise negotiated with the Client.
  3. webyouup.co is not responsible for search engines crawling and ranking websites which are hosted either on the webyouup.co within the webyouup.co account within the in development section or at any time while it is in development at any other domains.
  4. webyouup.co is not responsible for loss or damage to clients data due to hacking of a website or other online system.
  5. webyouup.co is not responsible for spamming, phishing, pharming  or spoofing originating from a clients website or online system.
  6. All intellectual property rights in materials provided by the Client for its website remains the Client’s property. Subject to this, all intellectual property rights in software,design work or any other materials provided to the Client pursuant to this agreement remain the property of webyouup.co.
  7. The Client is responsible for ensuring that all material supplied to webyouup.co during a development is either copyright free or that the Client has the permission of the respective copyright owners to use the materials.
  8. The Client will provide webyouup.co within a reasonable timeframe either at the beginning of a development or before a development commences all information and assistance reasonably required for the completion of any agreed tasks, including overall business objectives and objectives for the Client’s website. This is to include but is not limited to costs, pictures, content information, photographs, timescales and required functionality, plus any relevant legal requirements, logos, artwork, product and service information.
  9. No website webyouup.co creates includes the development of a logo as standard. However during the development of a website webyouup.co may create some artwork as part of a Clients unique design which may be used by the Client for other purposes in their branding. Should the Client require that this artwork undergo further development such that it goes beyond three iterations this will then be counted separate to the original agreed development and is subject to webyouup.co hourly rate of €20 / 25$ / 100RON per hour unless a set fee is otherwise agreed between the Client and webyouup.co.
  10. Any information and images intended for inclusion in a website should normally be provided in digital format by email unless previously agreed to between webyouup.co and the Client. Should webyouup.co have to spend unreasonable time converting material into a usable format for a development they reserve the right to charge the Client €20 / 25$ / 100RON per hour.
  11. Any additional cost arising where the information has to be created or converted to digital format by webyouup.co will be agreed with the Client beforehand. If digital information is supplied in a non-standard format, the Client will be responsible for webyouup.co reasonable costs of conversion to a usable format. Where webyouup.co after making all reasonable efforts are unable to facilitate the conversion of content into a usable format a third part will be found to undertake this work. The cost of this are in addition of any previously agreed contract.
  12. If the Client does not engage in reasonable contact with webyouup.co during the development of a project resulting inwebyouup.co being unable to continue with a development for a period of 2 weeks or if the Client fails to provide the above required content, information, text and images to webyouup.co within normally a 3 week timescale from the date of initiation, or a period otherwise mutually agreed with webyouup.co, then webyouup.co reserves the right to charge the Client for the time spent on the Client’s project at up to a rate of €20 / 25$ / 100RON per hour plus a cancellation charge of 40% of the remaining fees due of the development. Should this happen it will be treated as a termination of contract by the Client. Should the Client subsequently request that webyouup.co continue with a development, webyouup.co reserves the right to renegotiate any fees due from the original contract or renegotiate a new contract.
  13. The Client is responsible for sending any information to webyouup.co.

C. Termination and other Conditions

  • Where webyouup.co provides services on an ongoing or continuous basis, webyouup.co will provide the Client with one month’s notice of termination, or of any changes to relevant prices and conditions.
  •  webyouup.co may terminate the agreement with the Client at any time.
  • In the event of any of the below terminations, webyouup.co reserves the right to charge the Client for the time spent on the Client’s project including time spent in communication with the Client in relation to any of the above matters at up to a rate of €20 / 25$ / 100RON per hour plus a project cancellation charge of up to 50% of the remaining fees due under the orders then current.
  1. The Client change the purpose of their existing website and request updates or update them selves via a email a website so that the original aims and purposes of a site are no longer the same or similar to what was agreed in an original contract.
  2. If the Client is in breach of any term of this agreement and the breach is incapable of remedy or, if the breach is remediable, it continues for a period of 15 days after written notice requiring the breach to be remedied has been given to the Client.
  3. If, in webyouup.co’s sole opinion, the Client is using webyouup.co services in a way likely to damage or bring disrepute onto webyouup.co and the Client does not immediately desist from this use on written notice from webyouup.co to this effect.
  4. webyouup.co is not responsible for loss or damage to clients data due to hacking of a website or other online system.
  5. webyouup.co is not responsible for spamming, phishing, pharming  or spoofing originating from a clients website or online system.
  6. If, in webyouup.co’s sole opinion the Client is using a development which may bring webyouup.co’s name into disrepute.
  7. Should the Client cancel the project at any time for any reason, webyouup.co reserves the right to charge the Client for the time spent on the Client’s project at up to a rate of €20 / 25$ / 100RON per hour and impose a project cancellation charge of up to 40% of any previously agreed fees.
  8. The Client agrees to pay for webyouup.co services within 30 days of invoice unless explicitly agreed otherwise in writing by webyouup.co. webyouup.co reserves the right to claim compound interest at a rate of 6 per cent per annum on the outstanding debt.
  9. During some developments webyouup.co may provide any service by means of third parties at its sole discretion. The Client accepts unconditionally that webyouup.co is not liable for any loss or damage incurred by the Client including but not limited to loss of profit or search engine ranking.
  10. webyouup.co may appoint any of its employees to work on any project. It may also appoint people working on contract basis for webyouup.co to work on any project.
  11. webyouup.co will take all reasonable care in it undertaking of work for a Client to ensure that it is freed from errors. The Client warrants the understanding and acceptance that, as it is not possible to guarantee freedom from errors.
  12. webyouup.co will take reasonable care to ensure its assessments, audits and recommendations to a Client are soundly based and aimed at completing the agreed tasks to a professional standard. Where the Client undertakes actions following recommendations from webyouup.co the Client accepts that responsibility for any subsequent outcomes from this, remains with the Client.
  13. The Client may agree additional work at any stage with webyouup.co. This may be subject to additional fees which may not be the same as fees for the same services previously rendered to the Client. The terms and conditions as outlined here will apply to the additional work unless explicitly varied by agreement between the two parties.
  14. Where webyouup.co offers links either via email or on webyouup.co websites to other sites, webyouup.co does not accept any responsibility for the content of those sites, the owners of which do not necessarily have any link, commercial or otherwise, with webyouup.co. webyouup.co also do not take responsibility for the links from its Clients websites.
  15. webyouup.co utilises outside contracts for the hosting of all of the websites it creates. webyouup.co is not responsible for this hosting though every care has been taken in its selections. If the outside contractor suspends the hosting or other internet services for the purpose of maintenance, improvement or repair or if there is any failure of or fault in the provision of the internet services for any reason not in the immediate, direct control of webyouup.co or its agents, webyouup.co will not be liable for any loss or damage incurred by the Client, whether direct or indirect (including, without limitation, loss of profit) and whether arising in contract, tort or otherwise.
  16. webyouup.co’s liability for any damages (including, without limitation, damages for loss of profits) arising in contract, tort or otherwise, resulting in any way from this agreement shall be limited, in aggregate over the entire period of the agreement, to the total amount paid by the Client to webyouup.co for service(s) rendered under the contract at the time.
  17. Nothing in these terms and conditions is to be interpreted as an attempt to limit or exclude webyouup.co’s legal liability for any personal injury resulting from webyouup.co’s negligence or to affect the Client’s statutory rights.
  18. The Client agrees to indemnify webyouup.co and will keep webyouup.co fully indemnified against all loss, damage, costs, claims and expenses arising in any way from any service or product offered or provided to, via or concerning the Client’s web site and any breach of the terms and conditions set out in this document or associated documents.
  19. Should the client wish to terminate services with webyouup.co a €75 transfer fee is applied for the transfer of the domain and / or files. webyouup.co maintains the right to withold any custom coding or files which may be the intellectual copyright of webyouup.co and further negotiations can be entered to transfer such files. Files from suspended accounts cannot be transferred until the account is in credit.
  20. Each provision in this agreement limiting or excluding liability operates separately and the invalidity or unenforceability of any provision will not affect the validity or enforceability of any other provision.
  21. This agreement is governed by and construed in accordance with European law. webyouup.co seeks to clarify carefully and fully in these Terms and Conditions the obligations of webyouup.co and its Clients for the provision of webyouup.co services. These Terms and Conditions stand accordingly in lieu of the terms of the Sale of Goods and Supply of Services Act, 1980. This paragraph in no way excludes or exempts webyouup.co’s statutory duties or obligations.
  22. webyouup.co reserve the right to alter these Terms and Conditions from time to time. By continuing to accept services from webyouup.co after being notified by e-mail or otherwise of the altered Terms and Conditions the Client will be deemed to be bound by the altered Terms and Conditions. A copy of these terms and conditions will be available on thewebyouup.co website https://www.webyouup.co at all times or at the request of the Client.
  23. All amendments to this agreement, as well as any other assurances or arrangements, must be made in writing. Any agreement made on behalf of webyouup.co by its representatives or agents shall only be binding if agreed in writing by webyouup.co.
  24. Unless otherwise mutually agreed, any quote provided by webyouup.co will be valid for a maximum of 3 months.

D. Design, creation and maintenance of a website for the Client:

  1. The Client commissions webyouup.co to design and create a website to meet the agreed business needs of the Client and to submit the design and completed website for the Client’s approval.
  2. The website design fee or any outstanding part of it will be due in full on completion of the website or agreed stages. The Client undertakes to pay webyouup.co the agreed design fee promptly on approval of the completed website or agreed staged development and on the submission of the associated invoice. The Client agrees not to unreasonably withhold approval of the design, stage development or completed website.
  3. The design of the particular website will be the property of the Client upon completion of the contract. However, this will in no way prevent webyouup.co from using any aspect of the site design or coding for other Clients. The Client may adopt aspects of the design in other media including print with the permission of webyouup.co which will not be unreasonably withheld.
  4. The Client understands that webyouup.co may use the published website as a reference site only for future potential Clients of webyouup.co and will not unreasonably withhold permission for this.
  5. The Client is not restricted to engaging webyouup.co to undertake site maintenance and amendment. This may be undertaken by the Client or a third party engaged by the Client

E. Hosting

  1.  The Client agrees to pay the agreed fees promptly annually in advance by bank transfer as agreed mutually between the two parties.
  2. webyouup.co quoted hosting fees apply to the initial 12-month period. Where it becomes necessary to increase these in subsequent years, webyouup.co will provide at least one months notice of any proposed increase.
  3.  The Client agrees to take adequate measures to ensure their website or any system operated or provided by webyouup.co is not used for transmission of computer viruses, any material that is obscene, defamatory, abusive, indecent, or illegal, nor used in a manner creating a violation or infringement of the rights of any person, firm, company or other entity.
  4. webyouup.co reserves the right to suspend the hosting and / or other services at its absolute discretion for the purpose of maintenance, improvement, repair or prevention of problems.
  5. Unpaid hosting accounts will be suspended 7 working days after the due date of payment. Should a client require access to the files on the suspended account hosting payment must be made in full.
  6. Where webyouup.co provides the Client with e-mail facilities, web hosting or other services which involve the provision of computer storage space, webyouup.co reserves the right to impose limits on the storage space and bandwidth provided. Such limits may be by reference to the physical amount of space made available, the number of e-mail messages held, the size of any attachments sent or any other method webyouup.co may specify. webyouup.co reserves the right to vary these limits from time to time and will keep the Client informed by e-mail. webyouup.co reserves the right to refuse to accept material and/or to delete material which exceeds the relevant limit.

PRIVACY POLICY AND GPDR COMPLIANCE

 Privacy Policy: how we use your data.

This Privacy Policy applies to webyouup.co website and its subdomains (“Sites”). webyouup.co (webyouup.co,” “we,” or “us”) knows that you care how informations about you are used and eventually shared. This Privacy Policy explains what information of yours will be collected by On Target Web Design when you access the Sites, how the information will be used, and how you can control the collection, correction and/or deletion of your data. We will not use or share your information with anyone.

Billing and payments 

You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase. We reserve the right to change products and product pricing at any time. We also reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. 


Information We Collect.

(a) Our Service: We may collect personally identifiable information about you, such as your full name, company name, email address, or similar, when you register for an account. If you choose to purchase a product from us, our third-parties payment processors such as PayPal or Stripe will collect your payment information. Your interactions with third-parties payment processors are governed by the privacy policy of the organization providing it. We won’t share in any way your personal data with PayPal and Stripe payment gateways, you are redirected from our website to these external websites and the interactions with these external websites are governed by the privacy policy of the organization providing it.

(b) Cookies And Tracking Technologies: refer to the cookies policy.

(c) Access And Retention Of Data Controlled By Our Customers: An individual who is a current webyouup.co customer who seeks access or wishes to correct, amend or delete inaccurate data about his account, will be able to do this simply editing data through the user profile form. Each customer will be able to update, export and delete account data at any time and directly by itself without the need of contacting us.

(d) We will retain personal data we process on behalf of our customers for as long as needed to provide our services. webyouup.co  will retain this personal information as necessary to comply with our legal obligations, resolve disputes and enforce our agreements.

How We Use Your Information.

We use the information that we collect about your profile solely to provide access to your reserved area, purchased products and to provide regular invoices. We won’t use your collected data for any other purpose nor to send you any commercial or promotional ads.

How We Share Your Information.

(a) Personally Identifiable Information: webyouup.cowill not share, rent or sell your personally identifiable information to others. We may store personal information in locations outside the direct control of webyouup.co (for instance, on servers or databases provided by our hosting provider). Management, security and integrity of data storage are under the direct responsibility of our hosting provider company and are governed by the privacy policy of the organization providing the hosting service.

(b) What Happens In The Event Of A Change Of Control: We may buy or sell/divest/transfer the company (including any shares in the company), or any combination of its products, services, assets and/or businesses. Your information such as customer names and email addresses, and other User information related to the webyouup.co service may be among the items sold or otherwise transferred in these types of transactions. We may also sell, assign or otherwise transfer such information in the course of corporate divestitures, mergers, acquisitions, bankruptcies, dissolutions, reorganizations, liquidations, similar transactions or proceedings involving all or a portion of the company. You will be notified via email and/or a prominent notice on our Site of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information.

(c) Testimonials: We display personal testimonials of satisfied customers on our Site . With your consent, we may post your testimonial along with your name. If you wish to update or delete your testimonial, you can do it at any time.

Storage and Processing.

Your information collected through the webyouup.co service may be stored and processed in Europe by our third-parties hosting provider. webyouup.co is not responsible in any way about the physical data storage of your data. Management, security and integrity of data storage are under the direct responsibility of our hosting provider company and are governed by the privacy policy of the organization providing the hosting service.

How We Protect Your Information.

webyouup.co is concerned with protecting your privacy and data, but we cannot ensure or warrant the security of any information you transmit to webyouup.co or guarantee that your information on the webyouup.co service may not be accessed, disclosed, altered or destroyed by breach of any of our industry standard physical, technical or managerial safeguards. When you enter sensitive information (such as log in credentials) on our registration or order forms, we encrypt that information using secure socket layer technology (SSL). No method of transmission over the Internet or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security. We use outside payment platforms and credit card processing company such as PayPal and Stripe to bill you if you purchase products. These companies do not retain, share, store or use personally identifiable information for any other purposes. Your interactions with these external websites are governed by the privacy policy of the organization providing it.

Our Choices About Your Information.

For current webyouup.co customers, you can review, correct, update, export or delete inaccuracies to the information about you that webyouup.co keeps on file by logging into your account for example to update your password and billing information. We will retain your information for as long as your account is active or as needed to provide you services. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes and enforce our agreements.

Social Media Widgets.

Our Site may include social media features, such as the Facebook Like button and other widgets, that run on our Site. These features may collect your IP address and which page you are visiting on our Site, and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third-parties or hosted directly on our Site. Your interactions with these features are governed by the privacy policy of the organization providing it.

Ownership.

webyouup.co is a brand owned by S.C. WEBYOUUP S.R.L.
VAT: 40758250
CIF: RO40891523
EORI: RO40758250
Tel: +40 737 553 881
Location: Bucharest, Romania

Contact

If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may send an email to hello@webyouup.co or by phone.

This document was last uploaded on December 7, 2020

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