Our Terms and Conditions of Business
So that nobody gets burnt!
Please read the following carefully before placing an order with Navega Bem - Web Design Lda. An 'order' is deemed to be a written or verbal contract between Navega Bem - Web Design Lda and the Client (this includes telephone and email agreements), where the Client must be 18 years of age or above. Placing of an order constitutes acceptance on the part of the client to be bound by the Terms & Conditions on this page. Confirmation (including verbal confirmation) of a received order shall be deemed a contractual agreement between Navega Bem - Web Design Lda and the client, whereupon these Terms & Conditions will apply and shall constitute the entire agreement between Navega Bem - Web Design Lda and the client. We reserve the right to amend these Terms and Conditions when necessary and without prior notification.
All prices quoted in any proposal are valid for 30 days from the date of proposal.
Failure by Navega Bem - Web Design Lda to exercise or enforce any rights under these conditions shall not be deemed to be a waiver of any such rights at any time.
Navega Bem - Web Design Lda shall, under no circumstances, be liable for any damages resulting from loss of profits or any interruption of business arising out of or in connection with these Terms & Conditions.
If at any time during the term of the agreement a client fails to meet acceptable standards of creditworthiness, Navega Bem - Web Design Lda reserves the right to invoice the client in advance the full amount of any further work.
Navega Bem - Web Design Lda (www.navegabem.com) is based in Madeira, Portugal, and is therefore governed by Portuguese law. This is still applicable for anybody who can view the website in any other country, and has contact with Navega Bem - Web Design Lda by any other means of communication such as email, fax or post, without necessarily having viewed the website.
Navega Bem - Web Design Lda may be substituted for proxy in the form of contracted writer, photographer, web developer, art director, creative director, consultant, graphic designer, presenter, programmer, research assistant, administrator or assistant.
Terms of Payment
In addition to any payment terms set out below, and excepting web development where special terms apply, Navega Bem - Web Design Lda’s payment terms are on receipt of invoice, unless otherwise stated and agreed in writing. Navega Bem - Web Design Lda does not extend credit and reserves the right to request payment of a deposit (up to 100%) on all new accounts.
Invoices are sent by post and a copy may be sent digitally. Payment by EFT (electronic funds transfer) is the preferred method of payment, and bank details will be supplied to the client to facilitate payment. Navega Bem - Web Design Lda accepts payment in cash, by electronic transfer and by cheque. Please note Navega Bem - Web Design Lda DOES NOT accept direct payment by credit card - but does accept payment via PayPal and credit card through the PayPal system, and where a client wishes to pay by cheque, no work will commence until funds have cleared.
Accounts that remain unpaid seven (7) days after date of invoice shall be deemed to be in arrears.
Navega Bem - Web Design Lda reserves the right to charge Late Payment Interest, on all overdue invoices. This will be calculated at the daily rate of the Bank of Portugal + 8%.
Any payment returned by the bank due to insufficient funds will incur a €50 administration charge. This will be added to the total outstanding amount owed by the client.
Navega Bem - Web Design Lda reserves the right to request full payment in advance from any client requiring further services, where that client has previously defaulted on payment.
Navega Bem - Web Design Lda reserves the right to pass out of hand to his debt recovery agents any outstanding invoices for recovery. In these circumstances the client will also be required to pay statutory compensation, and shall be liable for and shall indemnify Navega Bem - Web Design Lda against all costs and expenses incurred in respect of any steps, actions or proceedings made or brought against the Client by Navega Bem - Web Design Lda to obtain payment of outstanding charges and interest.
Navega Bem - Web Design Lda reserves the right to suspend the website of any client whose account is in arrears.
Web Design and Development
Following receipt of a confirmed order, the client will be invoiced 50% of the total web site design fee. Payment of the initial 50% fee falls due immediately and is required prior to any work being undertaken. Where applicable, the remaining 50% will be invoiced when either: the website is completed and prior to launch to "live status", or at 90 days from the date the order was confirmed if the site is not completed as a result of the content not being supplied by the client. Payment of the final 50% (where applicable) is required in full prior to the site "going live".
Web sites will be constructed in accordance with the Client's instructions as specified on the order. Any additions or alterations to the brief made by the Client once an order has been accepted by Navega Bem - Web Design Lda will be carried out at the discretion of Navega Bem - Web Design Lda, and where such additions and alterations are agreed, Navega Bem - Web Design Lda reserves the right to charge an according amount for these and for any correction to these or further additions.
The client agrees to make available as soon as is reasonably possible to Navega Bem - Web Design Lda all materials required to complete the site to the agreed standard.
Where a date has been given for completion of the site, Navega Bem - Web Design Lda accepts no responsibility for failure to meet the stated deadline where the client is at fault due to: failure to supply the required materials, unavailability, or requiring changes or alterations to the brief. Any client who fails to provide us with the required information within four weeks of project commencement shall be deemed to be in breach of agreement, whereupon Navega Bem - Web Design Lda reserves the right to close the project and the balance remaining will become payable immediately. In simple terms, please don't ask us to start a project unless you are completely ready to proceed.
Once a web site has been commissioned, any final balance of payment is then due in accordance with our payment terms. There are no exceptions to this, i.e If the client decides they no longer want the site, they are still obliged to pay for the work that has been done. Non payment will result in legal action being taken if necessary.
Once the client's web site has been placed live on the Internet, the client has seven days to make any changes through Navega Bem - Web Design Lda, to the website. After this period, the client is deemed to have accepted that the web site is satisfactory.
Should a client later commission further work to be carried out on, or for inclusion on, the web site, then the client will be invoiced in full for this work whether the client uses the commissioned work on the site or not.
Prices do not include any hardware or software that may be required, unless specified on the order, and do not include any visits requested by the client to configure any hardware or software on the client's equipment.
Prices do not include the cost of any merchant accounts required by the client for on-line credit card transactions.
A design commission does not include maintenance of or updates to the client's site.
Navega Bem - Web Design Lda cannot accept responsibility for any alterations caused by a third party occurring to the client's site once handed to the client. Such alterations include, but are not limited to additions, modifications, deletions or installation of third-party components.
Intellectual Property & Copyright
The Navega Bem proprietary property component "CMS Real Estate" is installed on websites as is and may not be modified, sold, cloned or used in any way other than originally supplied or modified by Navega Bem. The component remains at all times the Intellectual Property of Navega Bem and may be furnished in an encrypted form.
All website content is to be provided by the client, unless otherwise specified by the client at the time of order where intellectual property rights will apply, and no responsibility is taken by Navega Bem - Web Design Lda for any images or text displayed on the website, that subsequently has existing copyright associated with it, that may cause grievance with the original owner.
The client shall represent and warrant that the material supplied is not confidential to or owned by any other person whose written permission has not been granted for use thereof. The client shall indemnify and save Navega Bem - Web Design Lda harmless from any costs, expenses and damages relating to any claim against him whatsoever and howsoever arising from the exercise of intellectual property/copyright rights under this agreement.
Copyright & Licence Agreements
Under the 1998 Copyright, Designs and Patents Act, ownership of copyright remains the property of Navega Bem - Web Design Lda as author.
SEO Terms & Conditions
SEO services will be performed to the best of Navega Bem - Web Design Lda's knowledge and ability, and no guarantees are made that specific rankings will be achieved. SEO work is governed by many factors which are outside the direct control of Navega Bem - Web Design Lda and indeed any SEO company, ergo no reputable SEO company can guarantee particular results. Ranking results will be monitored and results are based on listings on www.google.com unless otherwise agreed. Search Engine Optimisation does not include Search Engine Registration, unless otherwise agreed and paid for, if necessary, by the Client. Please bear in mind your website's ranking for a particular Search Term will rely on both the relevancy of that term on your pages and the popularity of that term on other websites.
Navega Bem - Web Design Lda shall not be responsible for any URL's dropped or excluded by a Search Engine for any reason, and Navega Bem - Web Design Lda does not warrant or represent that the Client's URL's will achieve a favourable position, or indeed any position, within a particular search engine.
Your website should be hosted on a reliable server with constant availability, for optimum results. Should Navega Bem - Web Design Lda recommend changing your host or server, this is to protect the interests of your website's ranking within the Search Engines and Navega Bem - Web Design Lda cannot be held responsible for unsatisfactory results if SEO suggestions and/or recommendations have not been adhered to.
Web - General Terms & Conditions
Navega Bem - Web Design Lda cannot be held responsible for any virus that may be passed on to any computer from the web server, or by email.
Navega Bem - Web Design Lda cannot guarantee web server security, and cannot be held responsible for any loss, or misuse by third parties, of any data that is captured and/or stored on the web-server, even using SSL encryption.
Navega Bem - Web Design Lda will register all clients' websites with some search engines, but cannot guarantee inclusion, and/or rankings within any of these search engines. It is the responsibility of the client to register more regularly if required, unless specified on the order.