Store Terms & Conditions
Our A.I. E-Commerce Store Terms & Conditions
Below you will find the Terms & Conditions related to purchasing products and services by TechBubble Technologies EU and our online store. Please see the bottom of the page for additional Terms & Conditions.
DEVELOPMENT TERMS AND CONDITIONS
The following Terms and Conditions document is a legal agreement between Adam Milton-Barker (TechBubble Technologies EU), hereafter “the Provider", and yourself, hereafter “the Client”, for the purposes of website/mobile/desktop/social media/Internet of Things and Artificial Intelligence application design or development. These Terms and Conditions set forth the provisions under which the Client may use the services supplied.
2. FEES AND DEPOSITS
A 50% deposit of the total fee payable resulting from any quote or order through the online store is due immediately upon confirmation or order. The remaining 50% shall become due when the work is completed but subject to the terms of the “approval of work” and “rejected work” clauses. The Provider reserves the right not to commence any work until the deposit has been paid in full.
The 50% deposit is only refundable if the Provider has not fulfilled their obligations to deliver the work required under the agreement. The deposit is not refundable if the development work has been started and the Client terminates the contract through no fault of the Provider.
3. SUPPLY OF MATERIALS
The Client must supply all materials and information required by the Provider to complete the work in accordance with any agreed specification. Such materials may include, but are not limited to, photographs, written copy, logos and other printed material. Where there is any delay in supplying these materials to the Provider which leads to a delay in the completion of work, the Provider has the right to extend any previously agreed deadlines by a reasonable amount.
Where the Client fails to supply materials, and that prevents the progress of the work, the Provider has the right to invoice the Client for any part or parts of the work already completed.
4. VARIATIONS TO DESIGN
The Client will be allowed the opportunity to make revisions to the design. However, the Provider has the right to limit the number of design proposals to a reasonable amount and will charge for additional designs if the Client makes a change to the original design specification. The development phase is flexible and allows certain variations to the original specification. However any major deviation from the specification will be charged at the rate of 30.00 EUR per hour.
5. PROJECT DELAYS AND CLIENT LIABILITY
Any time frames or estimates that the Provider gives are contingent upon the full co-operation of the Client. During development there is a certain amount of feedback required in order to progress to subsequent phases. It is required that a single point of contact be appointed and be made available on a daily basis in order to expedite the feedback process, this contact will be the person that has registered an account to use the services provided by the Provider and must be capable of making decisions and payments on behalf of the company.
6. APPROVAL OF WORK
On completion of the work the Client will be notified and have the opportunity to review it. The Client must notify the Provider in writing via the Provider's support channels of any unsatisfactory points within 7 days of such notification. Any of the work which has not been reported in writing through the Provider's support channels as unsatisfactory within the 7-day review period will be deemed to have been approved.
7. REJECTED WORK
If the Client rejects any of the Provider's work within the 7-day review period, or does not approve subsequent work performed by the Provider to remedy any points recorded as being unsatisfactory, and the Provider, acting reasonably, considers that the Client has been unreasonable in any rejection of the work, the Provider can elect to treat this contract as at an end and take measures to recover any outstanding payments for the work carried out.
8. PAYMENT OF BALANCE
The 50% balance of the project price will become due on completion of the work as per the design and functionality brief provided by the Client, once the balance is paid reasonable changes will be carried out free of charge. Changes that drastically change the design and functionality brief, or are outside of the specifications provided in the design and functionality brief brief will incur additional charges and require an additional quote request to be submitted. The Provider retains the right to disable any project and limit or remove access to ARC, the TechBubble Technologies GUI and/or external control panels in the event of overdue payments. Payments for proformas/instalments and invoices are due no later than 7 days after the date of issue.
9. WARRANTY BY THE CLIENT AS TO OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS
The Client must obtain all necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names and trade marks, or any other material that the Client supplies to the Provider to include in the Client's project.
The Client must indemnify the Provider and hold the Provider harmless from any claims or legal actions related to the content of the project.
Once the Client has paid any outstanding proformas, the Provider grants to the Client a license to use the project, related software & contents, and ARC for the life of the project subject to monthly payments being met. Access to source codes will not be permitted. If the Client requires access to source codes this must previously be arranged and a custom system will be developed that will allow the Client to have access directly to source codes and databases.
Each project, unless a higher hosting package is purchased, is assigned hosting of 10GB bandwidth per month and 1GB diskspace. If these limits are exceeded the website will become unaccessible until an upgrade package is purchased. 3rd party hosting of any web / mobile system developed by the Provider is forbidden unless specified with the project brief. If the Client requires a website where they have access to the server / database or FTP, the Client must specifically identify this request and an appropriate price and schedule will be arranged.
12. SERVER RESOURCES
If a website uses excessive server resources through traffic or neglect, the project will be shut down until such a time that a VPS (Virtual Private Server) or Dedicated Server is rented for the project. In this case please see 11. HOSTING above.
Any databases provisioned for a project remain the property of the Provider. 3rd party access to any such database will not be permitted, however, the Client may officially request a copy of their data through the support channels provided by the Provider.
Unless a maintenance package is purchased, changes and updates to content or the structure/design of a project will be charged at 30 EUR per hour. Quote requests should be submitted via the support channels provided by the Provider.
15. SEARCH ENGINES
The Provider does not guarantee any specific position in search engine results for the Client's website. The Provider performs basic search engine optimisation according to current best practice. The Provider aims to get the Client's website into the top 3 pages based on business type and location, this however, is not a guarantee. If the Client would like to hire a Search Engine Optimisation company they will be required to work directly with the Provider. No third party access will be given to source codes unless the Client has purchased an unmanaged system.
16. ADDITIONAL EXPENSES
The Client agrees to reimburse the Provider for any requested expenses which do not form part of the Provider's proposal including but not limited to the purchase of templates, third party software, stock photographs, fonts, domain name registration, web hosting or comparable expenses.
The Provider reserves the right to subcontract any services that the Provider has agreed to perform for the Client as the Provider sees fit.
The Provider takes regular backups of your website structure and databases, restoration of data loss or fixing of damage to the website will be chargeable at 30 EUR per hour except to the extent that such data loss arises out of a negligent act or omission by the Provider.
19. OWNERSHIP OF DOMAIN NAMES AND WEB HOSTING
If the Client does not currently own a own domain name, one will be registered under the name of the business/organization/individual registered as the account holder providing one is included in the package that the Client purchases. All websites developed by the Provider are hosted on the Provider's own servers and 3rd party access is forbidden with the exception of pre-arranged agreements to develop external systems with partial or full access to source codes and databases. Please see section 11. HOSTING for more information.
20. GOVERNING LAW
The agreement constituted by these terms and conditions and any proposal will be construed according to and is governed by the laws of Spain. the Client and the Provider submit to the non-exclusive jurisdiction of the courts in and of Spain in relation to any dispute arising under these terms and conditions or in relation to any services the Provider performs for the Client.
21. CROSS BROWSER COMPATIBILITY
By using proprietary systems developed by the Provider, the Provider endeavours to ensure that the websites the Provider create are compatible with all current modern web browsers such as the most recent versions of Internet Explorer, Firefox, Google Chrome and Safari. Third party extensions, where used, may not have the same level of support for all browsers. Where appropriate the Provider will substitute alternative extensions or implement other solutions, on a best effort basis, where any incompatibilities are found.
22. REQUIRED LEGAL DOCUMENTATION
The Client is responsible for complying with all relevant laws relating to e-commerce, and to the full extent permitted by law will hold harmless, protect, and defend and indemnify the Provider and its subcontractors from any claim, penalty, tax, tariff loss or damage arising from your or your clients’ use of Internet electronic commerce.
24. CONSEQUENTIAL LOSS
The Provider shall not be liable for any loss or damage which the Client may suffer which is in any way attributable to any delay in performance or completion of the Provider's contract, however that delay arises.
To the full extent permitted by law, all terms, conditions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise (other than the express provisions of these terms and conditions) relating in any way to the services the Provider provides to the Client are excluded. Without limiting the above, to the extent permitted by law, any liability of the Provider under any term, condition, warranty or representation that by law cannot be excluded is, where permitted by law, limited at the Provider's option to the replacement, re-repair or re-supply of the services or the payment of the cost of the services that the Provider were contracted to perform.
The Provider (and any subcontractors the Provider engage) agree that the Provider will not at any time disclose any of your confidential information to any third party.
The Client agrees to indemnify, defend and hold harmless the Provider, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from the use of the Provider's or your breach of the Terms of Service.
The Provider shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the services provided to the Client.
If any part of the terms and conditions is unenforceable (including any provision in which the Provider excludes the Provider's liability to the Client) the enforceability of any other part of the terms and conditions will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, the Client agrees that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
The Provider operates as an online business, all account support must be handled via the available support channels. The Client has access to the support ticket system via the online account, from here the Client can create and manage support tickets for both sales and development enquiries. To make things easier the Client can also respond directly to support tickets via their email accounts, for more information please see the documentation section which will explain each section of the client account area and GUI's. Advanced support is also available to match the specific needs of a business, or organization. Clients who require more information about advanced support should submit a support ticket through the provided support channels to request a quote.
The Provider operate a complaints handling procedure which the Provider will use to try to resolve disputes when they first arise, the Client should let the Provider know if they have any complaints or comments via the provided support channels.
If the Client breaches these conditions and the Provider takes no action, the Provider will still be entitled to use the Provider's rights and remedies in any other situation where the Client breach these conditions.
33. ENTIRE AGREEMENT
The above development terms and conditions constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between the Client and the Provider. Any waiver of any provision of the terms and conditions will be effective only if in writing and signed by the Provider.