Terms and Conditions
Visual Design and Web Development
Hello! Welcome to the Terms and Conditions section. These Terms and Conditions apply to the developments made with DigitalArts in Visual Design and Web Development. By accessing our products and services, you are agreeing to the terms detailed below. If you do not agree with any of these terms, You will not be able to access our products or services.
DAWEB001 - Scope of the terms and conditions
The present terms and conditions established indicate how DigitalArts uses and protects the information that is provided by its users when carrying out projects or registering services with us. These terms and conditions also apply to clients and/or strategic partners (partners) who work month to month together with us. DigitalArts We are committed to the security of our users and customers' data. Below we will mention some aspects to consider when moving forward with us.
DAWEB002 - Aspects to take into account
- Once the project is paid in full, DigitalArts, all text elements, graphics, photos, content, trademarks, multimedia material, among others, become the exclusive property of the client and/or strategic partners.
- DigitalArts reserves the right to submit graphic material as samples of their work in their portfolio (Projects - DigitalArts) or social networks along with other projects, limiting themselves exclusively to showing some examples of the work carried out. These demonstrations extend to the LinkedIn social network within the LinkedIn page. DigitalArts.
- Acceptance of these terms and conditions becomes effective once the user makes the transfer for the corresponding amount, whether this is an advance or monthly payment in advance or at the end of the month (in the latter case, once the proposal is accepted via email/phone).
DAWEB003 - Hosting
A hosting is the space where a web page is hosted so that it can be viewed by any user through a domain while browsing the Internet. Since DigitalArts Currently, the user does not have its own server to include in its services for its clients and/or strategic partners, we will suggest to the user which one or ones we recommend based on our experience. However, the user reserves the right to choose this service if they wish. It is important to clarify that hosting does not depend on DigitalArts but from a third party as well as the monthly costs that come with its maintenance.
In addition, it is recommended that the client and/or strategic partners (partners) consult with DigitalArts before making the choice, since some hostings are not fully compatible with the system you use. DigitalArts
DAWEB004 - Domain
Domain acquisition must be carried out exclusively by the user. We can provide a guide to carry out such a transaction, but for reasons of personal data protection, we will not carry out the acquisition of these on behalf of our users. It is important to bear in mind that the right to use the chosen domain generally has an annual cost, which must be paid by the client and/or strategic partners (partners) and the due date must be kept in mind to make the payment.
DAWEB005 - Information Architecture
After having approved the proposal, the first step will be to create a content tree where we will detail all the sections that will be included in the website, as well as the navigation between pages.
DAWEB006 - Images and photographs
It is always advisable to have images of the company itself. DigitalArts will ask the client for images of their products or services in order to be able to project them in the best possible way on the user's website.
It is important to note that the display of images or videos on developed websites is directly related to the quality in which they are received. That is, DigitalArts is not responsible if the products are in low definition or are not correct, since these must be sent exclusively by the user.
DAWEB007 - Images and photographs: Content Responsibility
The Client is responsible for providing accurate and complete information necessary for the completion of the project. The Client also warrants that he or she has the necessary rights to use any material provided to DigitalArts, including text, images, videos or logos, and that he or she does not infringe the rights of any third party.
DAWEB008 - Graphic design
The graphic design of the website is included in our proposals to clients and will follow the brand style indicated by the company.
There are some cases where the partner is the one who sends the design, leading to a discount on the development of the website.
To carry out the design, we will need to have the brand image manual, as well as all the existing brand elements. If you do not yet have a brand manual, we will need you to indicate to us:
- Logo in vector format
- Official color palette
- Official typography
- Tone of voice
- Image style
- Any other element relevant to the design of the site
DAWEB009 - Social networks
Social media management is not part of this proposal. However, the website will mention and link to the existing social networks of the client and/or strategic partners.
It is also possible for us to replicate the content of the networks on the web through an existing system.
DAWEB010 - Wireframe delivery / UX design
Wireframes are understood as the design of the page or arrangement of the content focused on the types of information that will be displayed, the number of functions available on the site, the rules for displaying certain types of information, site effects, etc.
That said, the client and/or strategic partners will have access to the UX Design / Wireframe in the first stage of development for validation, in order to know in advance what the site will be once the development period is completed.
Once the design is sent, the user will have a period of 48 business hours (2 days) to give the OK or request any changes. In the event of not receiving feedback within this period, DigitalArts will move forward with the design of the submitted proposal.
It is important to note that no changes to the structure or general design will be accepted once it is approved.
DAWEB011 - Change reviews
Except that DigitalArts and the client and/or strategic partners (partners) previously agree otherwise, the client and/or strategic partners (partners) will have the right to two revisions of changes in their web project. These revisions will involve minor modifications (typography, photographs, inclusion or exclusion of elements, etc.), and not substantial design revisions (changes in the structure of the website, layout of sections, additional programming of web functionalities, etc.) or substantial revisions of content (texts, images, etc.).
In the event that the client and/or strategic partners (partners) request a substantial review, DigitalArts will budget the requested changes and add them to the overall budget, so that the client and/or strategic partners (partners) pay them at the end of the project.
DAWEB012 - Lack of "Feedback" from the client
DigitalArts To be competitive you need to be efficient. To achieve this, you must ensure that scheduled projects are carried out within the planned timeframes. Sometimes DigitalArts You may even have to reject requests for quotes and projects to ensure that ongoing projects are delivered within agreed timeframes.
That is why DigitalArts will not start any project if it does not have the content well classified and ready for inclusion on the website in advance, unless otherwise agreed with the client and/or strategic partners (partners) or the client and/or strategic partners (partners) have contracted the services of providing content to the company.
If at the beginning of the project the client and/or strategic partners have committed to the company to provide content and it takes more than three weeks from the start to do so, DigitalArts reserves the right to close the project and not return the initial transfer amount of 50% of the total amount.
If, during the development of the project, the client and/or strategic partners (partners) incur continued delays of more than one week in delivering missing content or in reviewing changes, DigitalArts reserves the right to impose a surcharge of 5% on the final project price for each week of delay. If the client and/or strategic partners (partners) continue to incur delays, DigitalArts reserves the right to unilaterally terminate the project, deliver it in an archive in its current state and pass on to the client and/or strategic partners the invoice for all work done to date.
That said, the client and/or strategic partners (partners) must ensure that at the time of starting their web project they are prepared to provide everything that DigitalArts needs to efficiently provide its services or else not engage with DigitalArts until it is.
DAWEB013 - Excessive '"Feedback" from the client
The client and/or strategic partners (partners) accept that DigitalArts has several projects underway and therefore cannot provide you with ongoing feedback, beyond the specific needs that may arise during the project.
DAWEB014 - Cancellation of a project
The client and/or strategic partners have the right to cancel a project, provided they do so in writing. DigitalArts will issue an invoice for the amount of work carried out up to the date of notification, which must be paid by the client before the end of the same month.
DAWEB015 - How websites work on different devices and browsers
DigitalArts undertakes to adapt web projects to the main devices and most used browsers (Firefox, Microsoft Edge in its latest versions, Google Chrome, etc.), but cannot guarantee the operation of all web functionalities with browsers that have certain extensions and that work with certain types of operating systems. The client and/or strategic partners (partners) accept this condition, as well as the fact that DigitalArts shall not be held responsible for the subsequent adaptation of the page to new versions of browsers and devices, reserving the right to budget it separately. The client and/or strategic partners (partners) also accept that DigitalArts does not physically have all the devices on the market to directly test its websites and uses simulators, which in very rare cases may not match the 100% with the display of the device in question.
DAWEB016 - Management of the website or online store (ecommerce)
DigitalArts delivers easy-to-manage websites and online stores. However, the client and/or strategic partners (partners) agree that they must have basic knowledge of WordPress (text management, adding or deleting pages and menus, etc.) or WooCommerce (text management, pricing, coupons and promotions; adding or deleting products, etc.) In the event that the client and/or strategic partners (partners) require screenshots or tutorials of any kind, written or video, DigitalArts will budget it separately or make it available to the client if it has already been developed.
The client and/or strategic partners accept that self-manageable concepts do not include those that may cause a design imbalance, such as sizes, colors and font types, image size, footer, section proportions, etc. DigitalArts will not be held responsible for any imbalance in the design due to modifications made from the code or those made using self-manageable modules that do not respect the initial configuration, for example, changing photos for others with different measurements or proportions, texts that are longer or shorter than those present in the initial version, among others.
On the other hand, the client accepts that the projects do not include specific plugins for web analytics, data or stock management, billing, taxation or others that do not come by default with WordPress or WooCommerce unless otherwise agreed with DigitalArts.
DAWEB017 - Maintenance of the website once delivered
DigitalArts delivers to the client and/or strategic partners (partners) a website in perfect working order, which the client and/or strategic partners (partners) must check at the time of delivery. Any needs of any kind that arise for the client and/or strategic partners (partners) with their website after delivery will be budgeted separately and will be carried out in accordance with the availability of DigitalArts, including those of an urgent nature (server crash, slow loading, database viruses or others) and those of a periodic nature (website adaptations to new versions of browsers or devices, plugin and software updates).
This concept also includes updating the website's content manager (WordPress or similar), the plugins used or solving any errors that the client has made when modifying their website or any other type of error, contacting the client's hosting provider in case of a problem or any need that may arise after delivery, testing payments or sending forms or any concept derived from the operation and maintenance of the website, including advice.
In the event that the client and/or strategic partners (partners) contract web maintenance services with DigitalArts, has the right to have the company solve the aforementioned needs in accordance with the conditions of the service modality that it has contracted, excluding substantial modifications to the website, which are not included in any web maintenance modality (see specific conditions for each service). The company reserves the right to separately budget for modifications resulting from code manipulation by the client and/or strategic partners (partners) or from the incompatibility of a new version of WordPress or any other CMS with custom-programmed functionalities initially, due to being beyond the control of the company, even if it has contracted the web maintenance service.
DAWEB018 - Domain and hosting maintenance
DigitalArts will place the domains that the client and/or strategic partners (partners) need to purchase in the name of the client, who will be responsible for paying their annual fee by credit card or any other payment method they choose.
If the client hires web maintenance services from the company, which are associated with the hosting offered by the company, he/she will not have to assume additional costs because the price of the hosting is included in the web maintenance fee.
In case of wanting to cancel the web maintenance service with the company, the client must first migrate their website to another hosting of their choice, they will not be able to keep the one that was provided to them. DigitalArts, since the two services are contractually linked. In the event that the migration to the new hosting needs to be carried out by the company, the company will budget for said migration separately.
DAWEB019 - Warranty period
The warranty period is understood as the period that elapses after the product has been completed. This warranty period lasts 90 days (3 months) and includes the following details:
- Bug fixes to site structure.
- Site optimization in case of malfunction.
- Backup site load in case of catastrophic failure (500).
- Advice for carrying out tasks within the backend.
The warranty period not included the generation of new pages, segments or entries. It also does not include the integration of links or entries in the menu that were not requested during development. In other words, any additional request must be duly budgeted.
This warranty extends exclusively to the operation of the site.
DAWEB020 - Website maintenance and management
In the event that the client and/or strategic partners hire the website maintenance and management service, it is important to highlight some issues regarding the service, which are detailed below:
- Website maintenance and management includes on-site updates and support, backups and critical updates, ticket support, content management and analytics reporting.
DigitalArts will provide the client and/or strategic partners with a ticket system through which orders related to said maintenance can be uploaded. It is vitally important that all orders are uploaded through this system in order to be able to maintain the corresponding control.