Internet Services:
Acceptance:
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.
Please read these terms and conditions carefully. Any purchase or use of services, training or advice by David Boniface Consulting implies that you have read and accepted these terms and conditions.
Charges:
Charges for services to be provided by David Boniface Consulting are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 30 days. David Boniface Consulting reserves the right to alter or decline to provide a quotation after expiry of the 30 days.
Unless agreed otherwise with the Client, all website 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 Client for review. The remaining fifty (50) percent of the project quotation total is due upon completion of the work, prior to upload to the server or release of materials.
Payment for services is due by bank transfer or PayPal. Bank details will be made available on invoices, PayPal information is available by email from info@davidboniface.net.
Client Review:
David Boniface Consulting 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 David Boniface Consulting otherwise within ten (10) days of the date the materials are made available to the Client.
Turnaround Time and Content Control:
David Boniface Consulting will install and publicly post or supply the Client’s website by the date specified in the project proposal, or at date agreed with the Client upon David Boniface Consulting receiving initial payment, unless a delay is specifically requested by the Client and agreed by David Boniface Consulting.
In return, the Client agrees to delegate a single individual as a primary contact to aid David Boniface Consulting with progressing the commission in a satisfactory and expedient manner.
During the project, David Boniface Consulting will require the Client to provide website content; text, images, movies and sound files.
Failure to provide required website content:
To remain efficient David Boniface Consulting must ensure that work that is programmed is carried out at the scheduled time. On occasions David Boniface Consulting may have to reject offers for other work and enquiries to ensure that your work is completed at the time arranged.
This is why David Boniface Consulting asks that you provide all the required information in advance. On any occasion where progress cannot be made with your website because David Boniface Consulting has not been given the required information in the agreed time frame, and a delay results, David Boniface Consulting reserves the right to impose a surcharge.
If you agree to provide David Boniface Consulting with the required information and subsequently fail to do so within two weeks of the project commencement, David Boniface Consulting reserves the right to close the project and the balance remaining becomes payable immediately.
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.
Payment:
Invoices will be provided by David Boniface Consulting upon completion but before publishing the live website. Invoices are normally sent via email; however, the Client may choose to receive hard copy invoices. Payment terms are marked upon the invoices.
Additional Expenses:
The Client agrees to reimburse David Boniface Consulting for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography, WordPress themes etc.
Web Browsers:
David Boniface Consulting 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, Google Chrome, etc.). The Client agrees that David Boniface Consulting cannot guarantee correct functionality with all browser software across different operating systems.
David Boniface Consulting cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website has been designed and handed over to the Client. As such, David Boniface Consulting 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.
Default:
Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on David Boniface Consulting’s Web space, David Boniface Consulting will, at its discretion, remove all such material from its web space. Additionally, David Boniface Consulting may, at its discretion, lock-down or place a non-payment page upon the website until payment is received. David Boniface Consulting 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. Clients with accounts in default agree to pay David Boniface Consulting reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by David Boniface Consulting in enforcing these Terms and Conditions.
Termination:
Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. Telephone requests for termination of services will not be honoured until and unless confirmed in writing. The Client will be invoiced for work completed to the date of first notice of cancellation for payment in full within thirty (30) days.
Indemnity:
All David Boniface Consulting services may be used for lawful purposes only. You agree to indemnify and hold David Boniface Consulting harmless from any claims resulting from your use of David Boniface Consulting’s services that damages you or any other party.
Copyright:
The Client retains the copyright to data, files and graphic logos provided by the Client, and grants David Boniface Consulting 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 David Boniface Consulting permission and rights for use of the same and agrees to indemnify and hold harmless David Boniface Consulting from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. A contract or email command for website design and/or placement shall be regarded as a guarantee by the Client to David Boniface Consulting that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
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 on thumb drive, CD or 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 David Boniface Consulting 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.
Design Credit:
A link to David Boniface Consulting 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. The Client also agrees that the website developed for the Client may be presented in David Boniface Consulting’s portfolio.
Access Requirements:
If the Client’s website is to be installed on a third-party server, David Boniface Consulting must be granted 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.
Post-Placement Alterations:
David Boniface Consulting 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.
General:
These Terms and Conditions supersede all previous representations, understandings or agreements.
Governing Law:
This Agreement shall be governed by Swedish Law.
Liability:
David Boniface Consulting hereby excludes itself, its team members, subcontractors 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 David Boniface Consulting 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 invalid.
Maintenance Services:
If agreed, the Client engages David Boniface Consulting as an independent contractor for the specific task of providing regular website maintenance and support. In order to enable David Boniface Consulting’s fulfilment of this agreement, the Client agrees to provide David Boniface Consulting with access to the following:
- FTP access username and password (if this is difficult a new one can be created through the hosting account).
- Access to the website’s cPanel (typically provided in the hosting account).
- WordPress administrator-level username and password.
The Client also agrees to allow David Boniface Consulting to install any plugins into their WordPress website or make other revisions as required in order to provide the maintenance and support services.
Official updates and communication with the Client will be made via email.
WordPress maintenance does not include:
Hosting (quoted separately).
Domain management (quoted separately).
Website design, website redesign, website development, or website redevelopment (quoted separately).
Individual web page redesign, modification or media insertion (quoted separately).
Graphics and images (quoted separately).
Search engine optimisation services (quoted separately).
Non-WordPress websites (quoted separately).
Website migrations (quoted separately).
Website handover to a new maintenance contractor (quoted separately but with a minimum charge of three hours)
Anything not explicitly included in the sections above may also incur additional charges at the David Boniface Consulting hourly rate.
Backup & Restore Services:
David Boniface Consulting makes regular backups of your entire website. If your site crashes or otherwise needs to be restored, David Boniface Consulting will get it rolled back to a previous version as quickly as possible. Although David Boniface Consulting cannot guarantee how quickly this will happen (every situation is different and has its own causes and solutions), in almost all cases it will be restored within 24 hours.
Uptime Monitoring:
The Client and/or the hosting company will be notified by email immediately upon a website going offline. David Boniface Consulting will work with the host to ensure that site-down issues are resolved and will notify the Client as soon as the site is back online.
Cancellation/Termination:
Client may cancel the services at any time, provided that payment is up‐to‐date, by giving one month notice via email. No refund will be made for monthly payments already made prior to cancellation.
David Boniface Consulting also reserves the right to terminate its agreement with a Client at any time, for any reason, by giving one month notice via email.
Additional Information:
In addition to WordPress core and plugin updates as they are released, maintenance services are provided to keep your website running and in stable condition. Note that time for maintenance services other than WordPress core software and plugin updates, post-update review, and fixing any bugs or issues that arise after updates, may be considered as additional work and be invoiced accordingly.
Minor tweaks required to keep your website running and looking correct. These may include (but are not limited to) fixing browser rendering issues due to browser updates; plugin or theme issues that appear after a software update; adjustment of CSS for minor branding changes (colour, logo, typography, etc.); troubleshooting and fixing features or functions that stop working inexplicably.
Full review after software updates to find and fix bugs or new issues.
David Boniface Consulting will provide support for a website’s existing plugins until such time as they are no longer supported by the plugin author or compatible with any other part of the WordPress environment. In these cases, David Boniface Consulting will endeavour to find and install suitable replacements for these plugins (time to do so counts as additional maintenance and will be invoiced for).
Bug-fixing as it arises. It is understood that in some cases, due to the changing nature of the Internet, things may not work or look identical to how they did prior to maintenance or bug-fixing. As long as there is no usability or accessibility issue created, the bug or maintenance issue shall be considered resolved. That said, David Boniface Consulting will always strive to keep your website working and looking as good as possible.
Database optimisation will be performed to help keep your site running as fast as possible. Spam and post revisions (older than the most recent ten) will be purged to help keep your database running optimally.
WordPress core, WordPress plugins, frameworks, and themes are kept current with the latest stable version except that theme updates will not be performed on sites that do not have a stable, properly-coded child theme in place (otherwise, theme customisations will be lost).
Only commercial themes and frameworks that can be uploaded via the theme uploader and updated automatically within the WordPress administration interface are included in the updating service. Themes and frameworks requiring special attention may incur an additional hourly charge.
Websites must keep all customisations separate from files that are part of recurring software updates. If Client website code is overwritten due to a theme update David Boniface Consulting will not be responsible in any way.
During the duration of the maintenance agreement, the Client agrees that no other party will make modifications to the Client’s website, database, plugins, or files (other than as needed for regular content management); any non-standard changes to the theme that could result in loss of edits; or any modifications that affect the core or plugins that could result in the loss of edits. If a party other than David Boniface Consulting makes changes to a Client’s website, any errors that are created, that must be repaired, will be done so at the Client’s additional expense.
WordPress maintenance is offered “as is”, with no implied warranty or guarantee that your website will function exactly as you wish (there are sometimes limitations as to what components work together, what hosting companies will allow, or what requirements 3rd-party components and plugins will have).
David Boniface Consulting does not automatically support custom web development by third parties on a Client’s site. If it is agreed to work with custom code that is not well-commented, it may require access to the original developer in order to help. It is highly recommended that the Client contact David Boniface Consulting before any web development by others (outside David Boniface Consulting) is initiated so that the Client can be advised upon the suitability and potential pitfalls of new development. If David Boniface Consulting is called upon to fix website problems due to additional development by third parties, such fixes may incur an additional hourly charge.
Clients shall not share, re-sell, or attempt to share or re-sell the services provided by David Boniface Consulting; transfer or attempt to transfer its agreement to any third party to use; and/or access any proprietary information obtained from David Boniface Consulting for any purpose without the prior written consent of David Boniface Consulting.
Disclaimer:
If the services described in the maintenance agreement are or become unavailable, then David Boniface Consulting will use reasonable measures to repair and reinstate those services within 24 hours of detection.
Neither David Boniface Consulting nor anyone else who has been involved in the creation, production or supply of the services described in the maintenance agreement or any additional services shall be liable to the Client or any other person for any loss in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever and whatever the cause thereof by reason of or in connection with the Contract or those services for any:
- economic loss of any kind whatsoever, or
- loss of profit, business contracts, revenues or anticipated savings, or
- damage to Your reputation or goodwill, or
- loss resulting from any claim made by any third party, or
- special, indirect or consequential loss or damage of any nature whatsoever, and You shall indemnify the David Boniface Consulting from and against any claim which may be made against David Boniface Consulting in respect thereof.
David Boniface Consulting shall have no liability for loss or damages arising from being prevented or delayed in or from performing any of the services described in the maintenance agreement or any of the additional services, due to circumstances beyond its control. Such circumstances are, but shall not be limited to, governmental acts, war, riots, strikes or trade disputes (including by and with our own employees), technical failure, general availability of the Internet, power failure, communications failure, weather, flood, fire or explosion, natural or local emergency.
These Terms and Conditions are applicable to all assignments for translation and/or related services, accepted by David Boniface Consulting and the Client unless otherwise agreed in writing or required by law.
Assignment:
Acceptance of assignment:
An assignment agreement is entered into when the Client accepts the price estimate proposed by David Boniface Consulting in respect of an assignment or the parties come to a specific agreement. To the extent that an assignment is initiated or implemented without a written contract or acknowledgement of order, the relevant parts of these Terms and Conditions shall apply.
David Boniface Consulting reserves the right to decline an assignment if David Boniface Consulting considers the assignment to contain a criminal element or if the nature of the assignment in general is in breach of David Boniface Consulting’s Ethical Policy or Code of Conduct. David Boniface Consulting also reserves the right to decline an assignment if the Customer fails to satisfy David Boniface Consulting’s credit policy.
Implementation and basis of assignment:
The work of David Boniface Consulting is carried out with accuracy and care by competent personnel and in accordance with the assignment agreement entered into by both parties. David Boniface Consulting abides by the Code of Good Practice appropriate to its line of work. Unless otherwise agreed by David Boniface Consulting and the Client, David Boniface Consulting will employ the methods and standards pertinent to its work.
The Client shall provide David Boniface Consulting with the material required in order for David Boniface Consulting to carry out the assignment in accordance with the assignment agreement whereupon David Boniface Consulting shall notify the Client if it is not in receipt of the full material required. If the necessary material is not received from the Client, David Boniface Consulting is entitled to an extension of delivery in addition to compensation for any expenditure incurred. If the absence of the material required renders it significantly more difficult for David Boniface Consulting to carry out the assignment, David Boniface Consulting has the right to terminate the assignment with immediate effect whereupon David Boniface Consulting shall be entitled to compensation from the Client for work carried out until the date of termination in addition to the cost of terminating the assignment and loss of revenue.
Terms of delivery:
Terms of delivery are agreed in association with each individual assignment contract.
Delay in delivery:
Should a delay in delivery from David Boniface Consulting occur for reasons that do not involve the Client and such delay is not accepted by the Client, the Client will be compensated for the delayed part of the delivery with up to 3 % per week or a maximum of 15 % of the total order value. If a delay in delivery entitles the Client to the maximum amount of compensation, the Client has the right to terminate the delayed part of the assignment. If the Client decides to terminate the delayed part of an assignment, no additional compensation other than the compensation specified herein is payable.
If a delay in delivery from David Boniface Consulting is considered significant given the volume and frequency of the assignment, the Client is entitled to terminate the assignment with immediate effect and, if relevant, is liable to pay for the completed parts of the assignment with a deduction for the compensation specified herein. No other sanctions shall apply owing to a delay in delivery from David Boniface Consulting.
Liability for fault or defect:
David Boniface Consulting is liable for any fault or defect arising from the implementation of an assignment that is not of insignificant importance to the Client unless the fault or defect is caused by a fault or defect in the original material submitted by the Client or any other circumstances of the Client. In the event of a fault or defect arising from the performance of David Boniface Consulting, such fault or defect shall be corrected by David Boniface Consulting.
If making a complaint about a delivery of material, the Client shall file its complaint within fourteen (14) days from the date of delivery. David Boniface Consulting reserves the right to request payment as per applicable price list for any amendment made as a result of a complaint filed subsequent to this period. An amendment made as a result of a complaint filed over sixty (60) days after a delivery of material is always considered to be a new assignment and dealt with accordingly.
Confidentiality:
Confidential documents and files made available to David Boniface Consulting in connection with an assignment are treated as strictly confidential and will not be disclosed to a third party without the approval of the Client with the exception of David Boniface Consulting’s team members or authorised advisers or consultants. David Boniface Consulting shall ensure that all relevant team members, advisers and consultants have signed a Confidentiality Agreement vis-à-vis David Boniface Consulting to the same effect. Confidential information does not include information that is or will be known to the general public or that in any other way (unrelated to the assignment) is received by David Boniface Consulting.
Unless the Client has requested in writing that David Boniface Consulting use a specific alternative delivery mode, David Boniface Consulting is not in breach of the confidentiality clause above if delivering the assignment to the Client via the same delivery mode used by the Client to supply the original and related material to David Boniface Consulting.
Ownership and right of use of end product:
The end product of the assignment submitted to the Client is the property of the Client for unconditional use subject to David Boniface Consulting having received full payment. However, David Boniface Consulting is entitled to have free disposal and use of glossaries and translation memories created in conjunction with the assignment.
Prices:
Price of assignment:
The price is agreed on an individual assignment basis.
Amendments and supplements:
a) If the Client asks for an amendment to be made to the agreed schedule, David Boniface Consulting is entitled to charge the Client for the extra work involved with such amendment as per applicable price list.
b) If the Client wishes to make any other amendment to the assignment, David Boniface Consulting is entitled to deduct a surcharge in addition to the agreed price. Such amendment includes the addition of supplementary conditions. The surcharge deduction is made in line with the applicable price list whereupon David Boniface Consulting is required to update the relevant terms of delivery and price in line with the amendment made.
Termination:
The Client is entitled to terminate an assignment prior to delivery conditional on the Client compensating David Boniface Consulting for the work carried out prior to notice of termination in addition to the cost of terminating the assignment and loss of revenue.
Travel time:
Any relevant compensation for travel time is specified in the price estimate or acknowledgement of order. A surcharge applies to travel time outside ordinary working hours unless such travel time is included in the agreed price.
In the event that compensation for travel time and subsistence allowance has not been agreed, David Boniface Consulting will charge the actual cost of travel time and subsistence allowance in compliance with the Travel and Subsistence Code or applicable collective agreement.
Value Added Tax:
The price listed in the assignment contract or price estimate proposed by David Boniface Consulting does not include value added tax except when intended for private individuals.
Terms of payment:
David Boniface Consulting will invoice the Client upon completion of the assignment and following a credit rating. All invoices are payable within ten (10) days from the date of invoice. Interest on overdue payments is charged in accordance with respective country’s Interest Act (for example the Swedish Interest Act (1975:635)).
Due to the nature of the assignment or the customership, David Boniface Consulting is entitled, if it so deems necessary, to request the issue of a monthly or advance invoice. In case of monthly invoicing, David Boniface Consulting will charge for the work carried out throughout the month adding up to the total price of the assignment.
In case of advance invoicing, 30 % of the agreed or estimated total price is invoiced at the time of accepting the order. When an assignment incorporates a number of part deliveries, David Boniface Consulting will only issue an advance invoice if the value of one or more of the part deliveries exceeds EUR 10,000 and the estimated delivery period is over thirty (30) days. The invoice amount is then calculated on the basis of the agreed or estimated price of the part delivery.
Overdue payments:
David Boniface Consulting is entitled to terminate the assignment in the event of the Client being in arrears with payments of significance importance to David Boniface Consulting. David Boniface Consulting is also entitled to claim compensation from the Client for work carried out until the date of termination in addition to the cost of terminating the assignment and loss of revenue.
Other terms and conditions:
Legal infringement:
David Boniface Consulting is liable to ensure that the services offered by David Boniface Consulting do not infringe on the rights of another entity such as a patent, brand name or copyright subject to and in so far as the material submitted to David Boniface Consulting forming the basis of the services offered by David Boniface Consulting , do not infringe on the rights of another entity such as a patent, brand name or copyright. The Client is liable to ensure that the material submitted to David Boniface Consulting and subsequent handling of such material does not infringe on the intellectual property rights of another entity. The Client shall indemnify David Boniface Consulting for any claims made by a third party in connection with an assignment carried out by David Boniface Consulting on behalf of the Client.
Limited liability:
Aside from these General Terms and Conditions, the Client cannot make a claim against David Boniface Consulting in connection with an assignment. The Client is not entitled to any compensation for loss of production, loss of revenue or any other indirect damage and on no account is David Boniface Consulting liable for damage in connection with the payment of compensation to a third party. As regards delivery of an assignment by electronic means or data media (e.g. CD), David Boniface Consulting shall not be held liable for any damage caused by a so-called computer virus or any other problem beyond the control of David Boniface Consulting. Moreover, David Boniface Consulting disclaims all liability in connection with a problem that occurs as a result of the Client using the end product of the assignment or that is pertaining to the technical equipment or software used by the Client or another entity. The liability of David Boniface Consulting and its subcontractors is limited to an amount equal to the agreed total value of the assignment.
In order to be able to provide entitlement to compensation, any claim for damages shall be submitted to David Boniface Consulting in writing as soon as possible after the damage has been discovered, and no later than six (6) months after completion of the assignment.
Force majeure:
David Boniface Consulting shall not be held responsible for any loss caused if David Boniface Consulting or its subcontractors are late in delivering an assignment due to unforeseen circumstances beyond the control of David Boniface Consulting or its subcontractors, including but not limited to illness, fire, stroke of lightning, natural disaster, strike, boycott, industrial conflict, war, mobilisation or unexpected call-up for military service, exchange currency restrictions, insufficient or deficient power supply, telecommunications including network communications, insurrection and riots or any other comparable circumstance or unanticipated Government action.
Personal Data:
Processing of personal data:
Documents sent to David Boniface Consulting for processing may contain personal data. As the Data Controller, it is the Customer’s responsibility to obtain consent from data subjects mentioned in documents sent to David Boniface Consulting for processing or to make sure that another legal basis for the processing is in place.
De-identification:
When processing documents, David Boniface Consulting may use CAT tools that store the content of the documents (including the personal data) in a translation memory specific to the Customer. If David Boniface Consulting may not store the personal data from Customer documents in translation memories or other databases as part of the processing, the Customer must de-identify documents before sending them to David Boniface Consulting for processing.
Storage:
David Boniface Consulting stores customer project files on our file servers for 7 years, after which they are deleted. Translation projects handled in Memsource are deleted from Memsource after one year. The content of translation memories will be stored for as long as the Customer wishes us to store it. The content of Machine Translation engines is relations between uses of words in phrases used for algorithmic purposes. As such linguistic assets can never be retrieved from a trained machine translation engine.
Ownership:
The data stored in translation memories and other databases used for processing Customer documents are the Customer’s data, and David Boniface Consulting processes the data according to the Customer’s instructions.
Deletion:
If personal data needs to be deleted from translation memories and other databases, David Boniface Consulting would either delete the entire translation memory and/or database, or charge a fee for filtering out the data, where possible.
Governing law:
The interpretation and application of these General Terms and Conditions shall be governed by Swedish law.
Any disputes relating to the validity, interpretation or application of these general terms and conditions shall be decided in a Swedish court.
