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Terms and conditions

Use of the online Services offered on wowfactory

Users are solely responsible for the use of online services offered on wowfactory, the useof which is done at their own risk and falls entirely under their responsibility.

Services provided by third parties

Users may use third-party services or content included in wowfactory, but they must be aware of these third parties’ terms and conditions and have given consent to them. Under no circumstances will the Owner be deemed liable in relation to the proper functionality or availability, or both, of third-party services.

Purchasing process

Any order placed is an offer to purchase the Service. Orders are subject to availability and are accepted at the discretion of the Owner. Users must select the desired Service, choosing the type and duration that best suit them, and check-out only after having carefully verified the information contained in the Order Summary Form of the Order. The Order is placed on confirmation of the Order and is subject to payment of the amount charged in the Order Summary.
The Order Processing Receipt does not constitute acceptance of the Order. The contract shall be concluded at the time of the Order Confirmation by the Owner to the email address provided by the User. The Owner reserves the right not to confirm an order, should one or more of the Services purchased be unavailable. In this case, the Owner will notify the User about the unavailability of the Services purchased within 5 working days from order – to the email address associated with the purchase – and will provide for a refund of any amounts paid by the User.
To place an order, Users must register on the site providing the requested data. The indicated prices include taxes, fees and charges of the law applicable. The Owner reserves the right to offer discounts and various promotions throughout the year. For more details on current promotions, the User is asked to contact the Owner via the contact information contained herein.

Methods of payment

Wowfactory uses third-party tools for its payment processing and is not connected with any of the provided payment information – such as the credit card – in any way.
If the owner of any of such third-party tools refuses to authorize a payment, the Owner cannot provide the Service and will therefore not be liable for any delay or failure to deliver.

The Service is provided “as is”

The Service is provided by the Owner “as is”, with no express or implied warranty for accuracy or availability.

Intellectual property rights

All trademarks, nominal or figurative, and all other marks, trade names, service marks, word marks, illustrations, images, or logos that appear concerning iubenda are, and remain, the exclusive property of the Owner or its licensors and are protected by the laws in force on trademarks and by related international treaties.

Age eligibility

Users declare themselves to be adult according to their applicable legislation. Under no circumstance may persons under the age of 18 use our site.

The Owner, within the limits of applicable law, is liable for contractual and non-contractual damages to Users or third parties only by way of intent or gross negligence, when these are immediate and direct consequences of the activity of wowfactory. Therefore, the Owner shall not be liable for:

  • Any losses that are a not direct consequence of the breach of the Agreement by the Owner;
  • Any loss of business opportunities and any other loss, even indirect, that may be incurred by the User (such as, but not limited to, trading losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, etc.);
  • Damages or losses resulting from interruptions or malfunctions of iubenda due to acts of force majeure, or at least to unforeseen and unforeseeable events and, in any case, independent of the will and extraneous to the Owner’s control, such as, by way of example but not limited to, failures or disruptions of telephone or electrical lines, the Internet and / or other means of transmission, unavailability of websites, strikes, natural disasters, viruses and cyber attacks, interruptions in the delivery of products, third party services or applications;
  • Incorrect or unsuitable use of wowfactory by Users or third parties.

Changes to these Terms

The Owner reserves the right to modify these Terms at any time, not being mandatory to inform Users by publishing a notice.

Users who continue to use wowfactory after the publication of the changes accept the new Terms in their entirety.

Severability

If any provision of these Terms is invalid or unenforceable, that clause will be removed and the remaining provisions shall not be affected and they will remain in force.

Governing law and jurisdiction

These Terms and any dispute concerning the implementation, interpretation and validity of this agreement are subject to the law, the jurisdiction of the state and to the exclusive jurisdiction of the courts where the Owner has their registered offices. An exception to this rule applies in cases, where the law provides a sole place of jurisdiction for consumers.

Online dispute resolution for consumers

The consumers resident in Europe must be aware that the European Commission has established an online platform for alternative dispute resolutions that provides for an out-of-court method to solve any dispute related to and stemming from online sale and service contracts. As a consequence, if you are a European consumer, you can use such platform for resolving any dispute stemming from the online contract entered into with the Owner. The platform is available at the following link.
The Owner is available for any questions via the email address posted under the Owner’s information in this document.

PROJECTS TERMS and CONDITIONS

 All estimates/quotes are based on our understanding of your requirements and as per given time-frame. Any changes to the functionality including micro-improvements, may incur additional costs accordingly. Please ensure and clarify our understanding in a face to face meeting.

• By accepting a quote, you agree to and accept the terms and conditions of WOWFACTORY. Acceptance can be verbal, by email, payment , signing a contract

• Clients to ensure that we have included all requirements in the quotes/proposals/estimates and that we fully understand their requirements. Clients must provide us with clear guidelines along with the flow or specific details they may require. When such details are not provided, we will proceed with our understanding of the requirements and quote accordingly. At a later stage, if a discrepancy arises, it may lead to additional costs to accommodate the changes. Thus, it is essential that you clarify every aspect of your website development and ensure that you have been quoted on the right requirements.

• Any complexity related to specific tasks, must be advised in advance and included in the proposal for costing purposes. We operate in good faith and rely on our clients to disclose the full picture at the time of quotation. Any discrepancy arising due to unclear requirements will not be borne by Wowfactory

• There are limited man-hours allocated to each task including Project Management and Digital Strategist/Business Analyst. Minor changes may be included within the allocated hours. This will be analysed on a case-by-case basis.

• Wowfactory will make every effort to complete the project/changes in the given timeframe. Reasonable delays are accepted if functionalities are redefined or modified.

• Any delays at client’s end, may delay the project and proposed timeframes and may incur additional costs.

• Any bugs (programming errors) reported during or just after the development does not attract additional charges.

• Any re-work on an already completed task will attract additional charges. Any changes in the design after the design approval will incur additional charges.

• Any modifications requested during the development or after the launch of the website or install of the App with approval will incur additional charges. All additional work, over and above the estimates is charged separately. Under no circumstances will Wowfactory be liable for any delays caused by change in the project brief.

• Website/application content and all related materials need to be provided to us within the first two weeks of starting the project. Any delays thereafter may delay the project and may incur additional charges if it goes beyond reasonable timeframe.

• Our websites/applications are generally tested on PCs and include near recent versions of following browsers: IE, Firefox, Chrome & Safari. If you require testing to be done on any other browser, please let us know in advance.

• Responsive/multi-device compatible web pages are tested on iPhone and iPads. If you require testing to be done on any other device, please discuss it in advance.

• Wowfactory software codes are copyrights of Wowfactory The codes can be handed over at an additional cost for use once all previous invoices are settled, on the condition that the codes are used only for use or modification for re-use for further development for the specified client or subsequent owners of that legal entity. Under no circumstance, the codes will be allowed to be used for re-selling or duplication purposes.

• The website or software application will be designed to be deployed on the web, via using a commercial grade web-server or a similar setup. Based on your website traffic, the website may not perform if deployed on a generic office network environment.

• Depending upon the functionalities required, there may be 3rd party components such as Third Party Payment Gateways or SSL certificates involved in building a website/application. Although Wowfactory does its best in recognising the suitability of any such component, any unforeseen limitations of 3rd party components are beyond our control. Any third-party component purchase costs (such as SSL, Payment gateway, Google Adwords, Plug-in licenses etc) are not included in our quotes.

• Wowfactory takes no responsibility of any open source products such as WordPress, Open Source carts, Joomla etc. It is clients responsibility to update all components and third party softwares. We suggest you to take regular back-ups to avoid any disruptions.

• The client must recognize that at times there may be unforeseen circumstances that will delay the development process, particularly with reference to the integration of third party software. We will try our best to complete the project as agreed in the proposal. As long as it is within a reasonable period, the client agrees not to penalize us for any genuine delay, when every effort to keep the project on the proposed schedule is taken.

• Domain registration/renewal etc charges are not included as a part of any project/proposal unless mentioned otherwise. If required, a quote for which will be submitted separately and approved by the client.

• Hosting charges are not included in the quotations unless mentioned otherwise. Wowfactory can organise an appropriate hosting solution if required, a quote for which will be submitted separately and approved by the client. Where clients decide to organise their own hosting, we should be consulted before finalising the type of hosting and database, as it should meet the requirements of the technology used for the development. Please note that we’ll require full access with hosting support for testing and deploying the application. Wowfactory will not be liable for any delays or errors caused by direct or indirect actions of the hosting company.

• Wowfactory generally builds and tests the websites/applications on our own servers or hosted domains. Wowfactory cannot give access to their test servers and test websites to the clients or any third party. The website/application can be transferred-off to a nominated 3rd party server upon full payment of all invoices and dues.

• Nothwithstanding any other provision in the agreement, in consideration of the Customer entering into this agreement with Wowfactory, upon full payment of any outstanding invoices, Wowfactory will grant an unconditional license to the Customer to reproduce, publish, communicate, use, exploit, vary, or otherwise deal with 1) the graphics, 2) texts and 3) images used in the published website and associated of form and functionality. This will not include the intellectual property relating to the production of the website including the digital strategies, programming codes, database structures, scripts, forms or functionalities.

• All communications/correspondences are generally done via emails. It is client’s responsibility to keep us updated with their relevant email addresses.

PAYMENTS

Due date: Is the date on which the payment is due as per the terms on the invoice/proposal

Outstanding Invoice: An invoice is deemed to be outstanding if the payment is still due after 14 days of the expiry of the due date.

Debt Collection: Client is provided a further 7 days after late payment fee is applied to pay the invoice. Failure to pay will result in the outstanding amount referred to a debt collector

Intellectual property

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. 

General approach

For general website design & development projects we employ the following steps:

• Upon quote acceptance/signoff, initiation payment is processed to start the project. As required by the project, we may hold a Meeting Workshop to discuss the requirements in detail.

• Once we have the brand details such as logo, images, branding materials etc, we will have a mock-up for your review within 5 to 10 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 HTML development. At this stage we generally need around 3 to 5 banner text and/or images for rotation.

• Once, HTML is done, if CMS is included in your project, we will proceed to setup your website on your selected Content Management System (CMS). Please provide all content and copy prior to the development phase.

• Depending upon the time and resources allocated to your project, we’ll transfer as much content as possible from the old website to the new website. Remaining content can be transferred via the CMS by your designated staff. We can provide the instructions needed to help you do this.

• Once the site 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 website/project live.

• Your website can be made live within 3 to 5 working days of a Go Live approval, assuming that the accounts are clear. Kindly note that we require full payment prior to transferring the website on any external servers.

• Kindly note, there are limited man-hours allocated on the project. The estimates for all website under …. EURO/LEI are based on an assumption that projects will to be completed over eight to twelve 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 utilised 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 website/application 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.

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!

The terms and conditions apply to all services, including website development, application development and design services.

Confidentiality

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.

These Terms constitute the entire agreement between the parties and supersedes all previous representations, promises, assurances, warranties, understandings and agreements between them, whether written or oral, relating to their subject matter.

A failure or delay by a party to exercise any right or remedy provided under this agreement or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy.

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 Romania.

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