Terms and Conditions
In instructing us to perform any work that we do on your behalf, you agree that these Terms and Conditions will govern our relationship with you, and by placing your order you are deemed to have accepted these terms. Nothing contained in these terms may be varied, replaced or superseded unless such alteration is confirmed by us in writing.
Choosing the domain name of the web site is your responsibility. We may suggest name(s), but you are required to confirm the(se) name(s) in writing. You may choose to register a new domain name at the registrar of your choice or choose one from our portfolio. In this last case, please refer to the price of the domain name at www.HDName.com. The domain will be registered/trasnfered in/to your name as an individual or in/to the name of your company. If you have a particular requirement for the domain to be registered in a particular name, you must confirm this to us in writing.
We shall host your website unless agreed otherwise. We reserve the right to impose additional fees for extra time spent in working with a hosting company not recommended or approved by us. We shall not be held responsible for loss of earnings, or other financial liabilities, which are the result of circumstances beyond our control.
The responsibility for ensuring that the content of your website - including the spelling - is correct and complies with all current legislation and statute is entirely yours. We will not be held responsible for any prosecution or legal action of any kind that may result from the publication of your website. You must carefully check and approve the draft of your website prior to publication. Notification of any alteration or addition you wish us to make must be given to us in writing. We will not be held responsible for any loss or damage, whether direct or consequential, resulting from an error in the content of your website.
All content must be legal, and must not contain any nudity, or other offensive material. All content and online trading must comply with the laws of Portugal, and any applicable laws of any other countries in which the business is trading. A breach of these conditions may lead to the website being suspended or removed. No refund will be given for any unused period (or remaining portion of the contract), paid for in advance where termination occurs in accordance with these conditions. Any material published on your website must be copyrighted to you or you must have written permission to publish such content.
A deposit is due from you before any web design work is carried out. A subsequent payment plan will be agreed at the start of the project. The payment of the balance is due within two weeks of us completing the main build of the site whether or not you need more time to check any part of the site, or add additional content. The balance must be received in full before the site goes live, unless agreed otherwise in writing. Before the site goes live, a maintenance fee is agreed between you and us. The fee may contain license fees for the use of some of our software. The amount may be payable annually or monthly. All payments, including annual maintenance and web hosting fees must be paid within 10 days from the date of invoice unless agreed otherwise in writing. Failure to pay these fees within the agreed period will result in a 10% late payment surcharge, which will be added to your account. Once any of the fees are more than 60 days late we reserve the right to suspend any or all services we provide to you. This may include the removal of the website and disabling of Email services of the domain(s). We may also cancel the auto renewal of your domain name(s). However, you will remain liable to pay fees owed for the remainder of the contract. To resume these services after termination for non-payment, all outstanding fees including the late payment surcharges referred to above must be paid in full. We reserve the right to charge a re-activation fee, details of which will be advised to you. This must be paid in full before the services are resumed.
The copyright to all the content and images on the site provided by you belongs to you, but the copyright for our code on the site - if applicable - belongs to us. In the event that you would wish to place the website with another web hosting company, provision can be made to release the site to allow this with or without our code. Violations of this condition may result in legal action against you. Any content/images provided by us will remain our copyright until appropriate fees have been paid at which point ownership will be transferred to you.
We will ensure that your site(s) function(s) on the major Internet browsers. However, due to differences between the browsers, the pages may look slightly different on another browser. We shall not be held responsible for difficulties arising from people using unusual or older browser, or where ISP's fail to show the content of the pages and/or related shop areas correctly. We reserve the right to charge additional fees if the client requests functionality for older browsers that we do not support.
Terms for Search Engine Optimisation (SEO)
The minimum term for Search Engine Optimisation (SEO) is 12 months, unless agreed otherwise in writing. The contract can be cancelled after six months if we fail to improve the rankings of the majority of the agreed key words. After 12 months the contract will become a rolling contract for which two months' written notice must be given to terminate. SEO is a long-term investment. Due to the nature of this service some goals may take longer than others to achieve. Whilst we will provide an estimate of predicted results, the actual results may take longer due to the complicated nature and unpredictable practices of third party services. Some results may take longer than 12 months. Success in SEO is determined in improved rankings, not visits, sales or enquiries. Whilst we will make every effort to maintain your rankings we shall not be liable for a sudden change in rankings as a result of Search Engine updates or competitor SEO campaigns. We are not responsible for what the Search Engines display, and we shall not be held responsible from difficulties arising from anything displayed or not displayed by third party sites, including the major Search Engines.
Warranty and disclaimer
The visitor to our website agrees that the use of this website and the facilities provided herein, shall be at his sole risk and that the Website is provided on an "as is" and an "as available" basis. To the full extent permitted by law, Conceptus.Net expressly disclaim all warranties of any kind related to the Websites created, the Domain Names and the Search Engine Optimization, unless expressly specified, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose and non-infringement. Conceptus.Net makes no warranty that the Websites created, the Domain Names and the Search Engine Optimization will meet your requirements or that they will be uninterrupted, timely, secure, or error free. Conceptus.Net makes no warranty as to the results that may be obtained from the use of our website or as to the accuracy or reliability of any information obtained from the our website. You hereby agree that any material and/or data downloaded from our website or other services provided by Conceptus.Net is done at his sole discretion and risk and that he will be solely responsible for any damage resulting from any such download or use of such information or other related transaction.
Limitation of liability
You agree to release, indemnify and forever hold harmless, Conceptus.Net and its agents, officers, directors and employees, from any and all claims, demands and damages (actual or consequential) of every kind and nature, disclosed or undisclosed, arising out of or in connection with our services and/or the use of our website. In no event shall Conceptus.Net be liable for any direct, indirect, incidental, special, consequential or exemplary damages resulting from your use or the inability to use the services provided by Conceptus.Net on our website or for the cost of procurement of substitute services, or resulting from any data, information or services obtained or transactions entered into through or arising from or in connection with the services provided by Conceptus.Net or resulting from unauthorized access to or alteration of transmissions or data, including but not limited to, damage for loss of profits, use, data or other intangibles, even if Conceptus.Net has been advised of the possibility of such damages.
Governing law and jurisdiction
The terms of this Agreement shall be governed and construed in accordance with the laws from time to time of Portugal. The parties submit to the non-exclusive jurisdiction of the Courts of Portugal and all appellate courts.
Part or all of any provision of this Agreement that is illegal or unenforceable may be severed from this Agreement and the remaining provisions of this Agreement continue in force.
No party will be in default or otherwise liable for any delay or failure in its performance under this Agreement where such delay or failure arises by reason of an Act of God, any government or governmental body, acts of war, the elements, strikes or labor disputes, power or system failures, failure of the Internet, computer hacking, or other causes beyond the reasonable control of such party.