Terms & conditions
These Terms and Conditions specify guidelines for using our website and services. Please read them carefully and ensure you understand and agree to all parts. Use of our website and services implies you agree with these terms.
This document consists of the terms for the Divine DIY website pack, the hosting terms and conditions, and our custom website design terms and conditions. Click on the buttons below to read the relevant sections:
Our terms were last updated on 30 September 2024. We reserve the right to modify them at any time without prior notice.
General Website Design and Creation Terms
- Contract: The customer’s approval for work to commence is deemed a contractual agreement between the customer and Websites with a Heart. Approval for the work to commence and payment of the advance fee indicates that the customer accepts these terms and conditions.
- Advance Deposit Fee: An advance deposit payment of 50% is required before work starts. This is non-refundable unless the project is cancelled before any work has started.
- Instructions and timeframe: Websites with a Heart will start working on the project after receiving the deposit. Typically a project is completed within 90 days unless a different deadline has been agreed. To be able to complete a project within any agreed time frame, we’ll need to receive materials and information that we request from the customer in a timely manner. We’ll also need to receive regular input and feedback, so that work can proceed at a consistent pace. So the ability to complete on time is the responsibility of both parties.
- Project Scope and Details: The work to be carried out and agreed on is described in a project proposal that is enclosed with the proforma invoice for the deposit payment for the project.
- Materials: All material supplied by the customer remains the customer’s property. Websites with a Heart assumes this material belongs to the customer and that it does not breach any copyright laws. We may ask you if you are agree to using images from third-party websites (such as pixabay.com and unsplash.com) where images are made available under Creative Commons CC0 or similar licenses, that allow both commercial and non-commercial use. We offer these images to you “as is”, without warranty, explicit or implied, regarding the accuracy of any rights or licenses of these images, and we shall not be liable to you or to any other person or entity for any general, punitive, special, indirect, consequential or incidental damages, or lost profits or any other damages, costs or losses arising out of your use of these images on your website.
- Communication: All communication is by email. Unless otherwise agreed meetings do not take place.
- Cancellation: Should the customer wish to cancel at any point during the process they shall remain liable for the work that has taken place and invoiced accordingly.
- Payment: An invoice for the balance of the work will be sent by email upon satisfactory completion of the project. Payment of this invoice will be due at the invoice date.
- Payment terms: Payment is accepted by bank transfer in Euros, unless otherwise agreed.
- Intellectual Copyright: Websites with a Heart retains the copyright of materials they produce, including the source code, created for the customer until payment of the final invoice. At this time it will become the property of the customer.
- Future Support: The website is provided to and accepted by the customer as a fully functioning, completed project. Future support can be provided upon request and at an agreed fee. Future changes to the website will be invoiced separately. Websites with a Heart cannot be held responsible for problems that develop on the website after it has been handed over to the customer.
- Changes and revisions: The price at the beginning of a contract is based on the amount of time that we estimate we’ll need to accomplish everything you’ve told us you want to achieve, but we’re happy to be flexible. If you want to change your mind or add anything new, that will be possible and we’ll provide a separate estimate for that additional time.
- Loss and liability: We carry out work in accordance with good industry practice and at the standard expected from qualified people with relevant experience. That said, we can’t guarantee our work will be free from errors. We won’t be liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if you’ve advised us of them. Your liability to us will be limited only to the price stated in this contract. You won’t be liable to us or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if we’ve advised you of them.
- Lawfulness: If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
- Deviation: Any deviation from these terms and conditions is only effective if mutually agreed in writing.
wordpress website hosting terms
When you host your WordPress website with us, the Website Hosting Terms in this section apply.
Our standard hosting package costs € 10 per month + VAT where applicable (this is a tax only relevant to business and individuals in the European Union). It includes 1 WordPress install, up to 3 email accounts, 2,000 MB local storage and 20,000 MB monthly bandwidth.
Payment is annually in advance.
hosting policies
You may use our hosting services for lawful purposes only.
- Sending unsolicited bulk/commercial email (also known as spam) is strictly forbidden.
- Adult content (pornography) is strictly forbidden.
- Interactive chat web applications are strictly forbidden.
- Search Engine Optimization (SEO) farms or similar are strictly forbidden.
- Banner rotation services and link exchange networks are forbidden.
The above examples are a guide and may not be an exhaustive list. If you have a question on whether or not your content is in violation, please contact us for clarification.
resource usage
With a hosting package each account receives part of the available server resources. To give everyone a good quality of service, there are limits on the server resources a single hosting account can use. In general these are 10% of the total server resources available. Most websites will never have to take these limits into consideration, but it’s good to be aware of them. Should your site start to affect the overall performance of a server, we will work with you to try to reach a solution.
hosting support
We will be your point of contact regarding your hosting, and we will also provide you with support and information to be able to carry out any work required regarding your hosting.
Failure to fully comply with these terms is grounds for account suspension and/or termination.
Divine DIY website pack terms