Terms & conditions
- Definitions
The following Terms and Conditions document constitutes a legal agreement between Escortsmarket hereinafter “the Developer” and “the Client” for the purpose of designing or developing the website. These Terms and Conditions set out the provisions under which the Customer may use the services provided.
The Developer is EscortsMarket and uses a third-party Internet web design provider, offering Client graphic design, HTML, CSS, Javascript, PHP and other related computer programming languages.
2. Acceptance of the job
Quotes are valid for 30 days from the date of issue.
When Customer places an order to purchase a website or website updates from the Developer, the order represents an offer to the Developer to purchase the website or website updates. No contract for the provision of services exists between the Client and the Developer until the Developer sends an invoice to the Client for payment. The invoice amounts to acceptance by the Developer (or third party supplier) of the Client’s offer to purchase services from the Developer and this acceptance of work is a valid contract between Client and Developer regardless of whether the Client receives the invoice.
Any other services in the order that were not included in the invoice do not form part of the contract. The Customer undertakes to verify that the invoice details are correct and to print and keep a copy for their records.
The developer is required to withdraw from the contract at any time prior to acceptance.
Additional work requested by the Client which is not specified in the agreed quote is subject to an additional quote from the Developer upon receipt of the specification. If the work is required as part of an existing project, this may affect the overall timing and delivery of the project.
If a functional specification and a set of test criteria are included in the quote, the Developer is responsible for meeting the test criteria as the sole criteria for completing the contract.
The Client agrees that the Standard Development Platform is an agreeable platform for website development and that all acceptance testing will occur on the Standard Development Platform only. Customer further agrees that any requests for hardware or software outside of the standard development platform will be considered additional work.
The Client agrees to provide all necessary information and content requested by the Developer in good time to enable the Developer to complete a project or work on the website as part of an agreed project.
3. Permission and Copyright
Copyright of the completed web projects, images, pages, code and source files created by the Developer for the project vests in the Client at the time of final payment only by prior written agreement. Without an agreement, ownership of the projects and all code rests with the Developer.
These terms of use grant you a limited non-exclusive license so that you may use the design on one website under a single domain name. The Client is not permitted to use a design for more than one website without prior written agreement between the Client and the Developer.
Customer agrees that resale or distribution of the completed files is prohibited unless a prior written agreement is made between Customer and Developer.
Client agrees that all media and content made available to Developer for use in the project is owned by Client or used with full permission of the original authors. The Client undertakes to indemnify, protect and defend the Developer from any claim or suit that may arise as a result of the use of the media and content provided.
Customer agrees that Developer may include development credits and links within any code that Developer designs, builds, or modifies. If the developer designs a website for a client, the client agrees that the developer may include a development credit and a link displayed on the client’s website. If the developer creates or modifies a website for a client, the client agrees that the developer may include a development credit and a link displayed on the client’s web page, which may be within the code but not displayed on a web browser if requested by the Customer.
Client agrees that Developer reserves the right to include any work performed for Client in a portfolio of work.
Client agrees to comply with the terms of any third party software or media included in any work performed for Client. Examples of this include, but are not limited to, Googlemaps, multimedia content under the Creative Commons license, RSS feeds, open source GPL software etc.
4. Material
The Developer reserves the right to refuse to manage:
Any illegal or inappropriate media.
Any media that contains a virus or hostile program.
Any media that constitutes harassment, racism, violence, obscenity, malicious intent, or spamming.
Any media that constitutes a criminal offense or violates privacy or copyright.
5. Domain Names and Hosting
Developer offers domain name registration and hosting through a third-party service.
The Customer accepts that the registration of a domain name does not imply approval of the right to use the name. The Customer is responsible for ensuring that it has proper ownership of the domain name. Developer assumes no liability and Customer agrees to indemnify and hold harmless Developer from any claims arising out of Customer’s registration of a domain name.
The domain name is registered in the name of the Client, with the address and contact details of the Developer. The Client must be aware that a domain name is registered with a third party and as such the Client agrees to fully comply with the terms and conditions established by the third party for such services. You can find details of third-party terms and conditions for hosting and domain names.
The Customer agrees to bear all legal responsibility for the use of the domain name and third party hosting services and to provide truthful details to the third party services.
Customer agrees that information submitted for domain name registration will then be available to the general public via the Nominet Whois system. However, Customers who use their website for non-commercial purposes may request from the third-party registrar that their contact information not be included in Nominet’s Whois system.
Domain name registration and initial hosting setup are included as part of your website creation and are free for the first 12 months. After the first 12 months the customer accepts a fee of £99. For 12 months hosting and domain name renewal.
Any support relating to domain name, hosting and email services is between Customer and the third party service.
Any other domain name and hosting services or costs not included by Developer, including but not limited to additional domain name registration fees, domain name transfer fees, annual domain name renewals, hosting fees, renewals annual hosting fees, hosting upgrades, additional disk space, bandwidth and any other related or hidden costs are the responsibility of the Customer for third party services.
Customer agrees to pay the domain name and hosting fees as soon as requested by the third party. Any necessary changes to the domain name or hosting services must be made between the Customer and the third party service.
Customer agrees that if at any time their contact information, including email address, changes, it is their responsibility to contact the third party and update their contact information. Otherwise, the Customer may not receive invoices for the renewal of the domain name and hosting services.
Payment for domain names and hosting services must be made immediately upon receipt of the third party service invoice. Failure to comply with payment terms may result in the availability of the Customer’s domain name to third parties and/or the unavailability of the website and email services.
The Client agrees to pass on FTP details and any other login details relating to their domain name and hosting account which the Developer requires to upload the Website, if required as part of a project.
Developer reserves the right without notice to cancel, refuse or refuse work with domain names or hosting services without reason for such refusal or rejection.
Customer agrees to be responsible for its use of domain name, hosting and email services with third parties and hereby agrees to indemnify and hold Developer harmless from any claims arising out of Customer’s posting of material and use of domain name, hosting and email services.
Customer agrees to take full responsibility for any use of the domain name, hosting and email services and to fully comply with the terms and conditions established by the third party for such services.
6. Projects
Customer agrees that an HTML page created from a graphic design may not exactly match the original design due to the difference between the display in the design software and the rendering of the HTML code by the Internet browser software. The developer agrees to try to match the design as closely as possible when creating the code.
During a website project it is important that the Client communicates information to the Developer to obtain the required result.
The Client agrees to be permitted a maximum of 4 hours of editing on designs, with a further hour of editing available at a cost of £45 per hour thereafter, unless otherwise stated. All changes must be requested in writing by the Customer via email or regular mail. Once the allotted time for changes, whether in design or coding, has been exhausted, the Developer reserves the right to notify the Client of this and to send a separate quote to the Client and to request payment for any further changes. The developer reserves the right to request payment for further changes before continuing work. Once the agreed design is completed, the Client is asked to confirm in writing via email or postal mail that the design and screen dimensions are signed off as complete and to agree that any further changes to the design will be chargeable.
If the Client requests design or content changes to pages that have already been completed, new pages or features other than those specified in the quote original, Developer reserves the right to price these changes separately.
If optimized pages are included as part of the project, the Developer will optimize the Client’s web pages that are already part of the project. Optimized pages do not create new pages. Web page optimization may include meta tags, keywords, description, title, alt tags and Client-provided text.
The developer is committed to creating pages accessible to search engines. However, the developer does not guarantee that the site will be listed in search engines.
If an error or problem with the design or code occurs during the project, which does not allow the design or code to match the original specifications, the Client agrees that the Developer may apply the closest available workaround.
The Developer applies reasonable skill and care at all times in providing the services.
Upon request, the developer can create a copy of the website on a CD to send to the client upon completion of the project. A small amount will be charged to cover the cost, unless otherwise stated.
Once the project is complete, the developer will upload the website to the Client’s active web address if included as part of a project.
After completion of the site, a Customer or a third party of their choice may wish to independently modify the code of their website to make updates. However, the Customer agrees that by doing so, the Customer assumes full responsibility for any problems that arise as a result of modifying the code itself. If the Client or a third party of its choosing modifies the code of the Website and this causes functionality errors or the page to display incorrectly, the Developer reserves the right to request a quote for repair work on the Website.
Developer reserves the right to assign subcontractors in whole or as part of a project if necessary.
The Developer will retain a copy of the site and design source files while working on a website project. However, the Client agrees that it is their responsibility to make regular backups by themselves or third party hosting services in the event of software or hardware failure on third-party hosting servers.
All communications between Developer and Customer shall be via telephone, email, Skype or postal mail, unless otherwise agreed at Developer’s discretion.
7. Accessibility and web standards
The developer tests sites and templates to ensure they comply with WAI accessibility standards at Conformance Level A at the time of sale. If Client requests Developer to modify the site or templates to meet specific WAI accessibility guidelines, or if updated WAI accessibility guidelines have been introduced after the site or templates have been sold to Client, Developer will reserves the right to quote separately for any additional work required. If Customer uses WordPress themes or modules or other CMS systems not created by the developer, the overall page may not meet WAI accessibility standards for Level A compliance.
The developer tests sites and templates to ensure they comply with W3C CSS standards as they are at the time of sale. Should updated W3C CSS guidelines be introduced after the site or templates have been sold to Client, Developer reserves the right to separately quote any additional work required. If Customer uses WordPress themes or modules or other CMS systems not created by the developer, the overall page may not meet W3C CSS standards.
The developer tests sites and templates to ensure they comply with W3C HTML standards as they are at the time of sale. In the event that updated W3C HTML guidelines are introduced after the site or templates have been sold to the Client, the Developer reserves the right to separately quote any additional work required. If Customer uses WordPress themes or modules or other CMS systems not created by the developer, the overall page may not meet W3C HTML standards.
The Developer will make every effort to ensure that the sites are designed to be viewed by the majority of visitors. The sites are designed to work with the standard development platform, which includes recent versions of the major browsers, Chrome, Internet Explorer and Mozilla Firefox. The Customer accepts that the Developer cannot guarantee correct functionality with all browser software on different operating systems.
Customer agrees that, following delivery of the Files, any updated versions of the browser software described in the Standard Development Platform, including Chrome, Internet Explorer, and Mozilla Firefox browsers, domain name configuration changes, or configuration changes of hosting could subsequently affect the functionality and display of their website. Therefore, Developer reserves the right to request a quote for any work involved in modifying the website design or website code to work with updated browser software, domain name or hosting changes.
Customer agrees that more advanced applications on a website page may require a newer browser version or plug-in.
8. Payment Terms
Prices are subject to change without notice.
All prices indicated are excluding VAT.
All invoices must be paid in full once the site has been signed off by the client and an invoice has been issued, except where agreed at the discretion of the Developer.
The developer reserves the right to refuse further work on a project if there are outstanding invoices with the Client.
Developer reserves the right to remove its work for Client from the Internet if payments are not received.
9. Disclaimer and Warranty
The Developer provides its website and its contents “as is” and makes no warranty regarding the site and its contents or the suitability of the services offered for a particular purpose. The Developer cannot guarantee the functionality or operation of its website or that it will be uninterrupted or error-free, nor does it guarantee that the contents are current, accurate or complete.
Customer agrees that Developer is not responsible for any bugs, performance issues, or failures of its WordPress software as WordPress is open source software distributed under the GPL (“GNU General Public License”) and is maintained and developed by a community of thousands of people. of users and developers. Any bugs, performance issues, or software failures will be directed to the WordPress development community via WordPress.org.
Customer agrees that Developer is not responsible for any bugs, performance issues or failures of its Woocomerce software as Woocomerce is open source software distributed under the GPL (“GNU General Public License”) and is maintained and developed by a community of thousands of people. of users and developers. Any bugs, performance issues or software failures will be directed to the Woocomerce development community via https://support.woothemes.com/hc/en-us/community/topics.
The Developer undertakes to deliver a website within certain delivery times to the best of its ability. However, the Client agrees that the Developer is not responsible for any claims, losses, costs incurred or compensation due to the failure to perform the services within a certain delivery period.
The Client agrees that the Developer is not responsible for any failure to perform the services for reasons beyond its control, including but not limited to acts of God, telecommunications problems, software failures, hardware failures, third party interference , government, large-scale emergency or any social disturbance of an extreme nature such as strikes, riots, terrorism and war or any act or omission of third party services.
Developer is not responsible for any financial consequences or losses such as, but not limited to, loss of business, profits, revenue, contracts, data or potential savings, relating to the services provided.
Upon delivery of files from Developer to Client, Client assumes entire responsibility for ensuring that all files are functioning properly prior to use.
While every effort is made to ensure that files are error free, Developer cannot guarantee that the display or functionality of the web design or website will be uninterrupted or error free. If, after delivery of the files, errors are found in the code created by the Developer and the standard development platform, domain name setting and hosting setting are the same as when work began, the Developer can correct these errors for the Client free of charge for a period of 3 months, after acceptance of the work. After the 3 month period, Developer reserves the right to separately quote any work involved in fixing an error.
If, after delivery of the files, errors are found in the code created by the Developer and the standard development platform, or domain name or hosting configuration has been changed, the Developer may correct the errors and reserves the right to quote separately for any additional work required as a result of changes to your browser software, domain name configuration, or hosting configuration.
Should the Client enter into forced or involuntary liquidation or be unable to pay its debts in the ordinary course of business, the Developer reserves the right to immediately cancel any project and invoice the Client for any work completed.
Developer shall have no liability to Customer or any third party for any damages, including but not limited to claims, losses, lost profits, lost savings, or other incidental, consequential, or special damages arising out of the operation of or inability to operate these pages web or this website, even if Developer has been advised of the possibility of such damages.
Sometimes there are laws and taxes that affect e-commerce on the Internet. Customer agrees that it is its responsibility to comply with such laws and will indemnify, protect and defend Developer and its subcontractors from any claims, suits, penalties, taxes or fees arising out of Customer’s practice of Internet e-commerce.
Developer may from time to time advise Customer of the need for updates to its site, including but not limited to compliance with new regulations, software compatibility and web standards. The developer reserves the right to cite any updates as separate work. Customer agrees that Developer is not responsible for any failure to inform or implement these updates on its site. Customer agrees to defend, indemnify, save and hold harmless Developer from any and all demands, liabilities, costs, losses and claims arising from its failure to notify or implement these updates.
10. Indemnification
The Client agrees to use all services and facilities of the Developer at its own risk and agrees to defend, indemnify, save and hold harmless the Developer from all demands, liabilities, costs, losses and claims, including but not limited to legal fees against the Developer or its associates which may arise directly or indirectly from any service provided or agreed to be provided or from any product or service sold by the Customer or any third party.
Client agrees that such indemnification extends to all aspects of the project, including but not limited to website content and domain name selection.
Customer further agrees to indemnify, hold harmless and defend Developer from any liability arising from property or personal injury caused by any product or service sold by Customer or by any service provided or agreed to be provided or by any third party, including but not limited to infringement of proprietary rights, misinformation, copyright infringement, provision of defective services or products that are harmful to any business, person, company or organization.
11. Non-disclosure
Developer and any third party associates agree that, unless directed by Customer, it will not disclose at any time during or after the term of this Agreement any Confidential Information. Customer agrees not to transmit any confidential information about Developer to another party, unless directed by Developer.
12. privacy policy
The Developer and any third party associates will use the information provided by the Customer in relation to this agreement in accordance with the Data Protection Act 1998. This information will also be used to identify the Customer in communications with them and to contact the Customer from time to time time to offer them services or products that may interest or benefit the Customer.
13. Interpretation
The developer reserves the right to terminate a project with a client at any time without notice if it finds that the client is in breach of these Terms and Conditions. Developer will be the sole arbiter in deciding what constitutes infringement. No refunds will be given in such a situation.
If one or more terms of this agreement are held to be void or unenforceable for any reason, any other term of the agreement not held to be so will remain valid and enforceable by law.
All matters arising under this agreement are governed by English law and are under the exclusive jurisdiction of the English courts.
This agreement will be governed by the laws of England and Wales which will maintain venue and jurisdiction for any legal action or claim arising out of this agreement. This agreement is void where prohibited by law.
By accepting a quote or paying an invoice to use the services provided, the Customer acknowledges that he has read, understood and accepted the Terms and Conditions of this Agreement and agrees to be legally bound by such Terms and Conditions.
The Developer reserves the right to change these Terms and Conditions at any time without notice.
14. Statutory Rights
These Terms and Conditions do not affect your statutory rights as a consumer.
Thap Tai 181, Hua Hin (Thailand) info@escortsmarket.com