Terms & Conditions

Definitions:

The Client: The Company or individual requesting services of Studio Stacks. Also referred to as “you”.

Studio Stacks: Company providing web design, development, consulting and or web ancillary services. For the purposes of these terms and conditions Studio Stacks will be referred to as “Studio Stacks” or “us” or “we”.

General:

By placing an order with Studio Stacks, the Client confirms to be in agreement with the terms and conditions herein and that the service to be provided is governed by them.

An “order” is deemed to be a verbal or written contract between Studio Stacks and the Client. Studio Stacks does not carry out work for under-aged persons and reserves the right to revise and alter its policies and these terms and conditions at any time. Studio Stacks reserves the right to decline service to individuals or companies, at our discretion.

Any additional requirement to the scope of work established shall be quoted for by Studio Stacks. The Client shall agree to the extra charges which will be added to any outstanding amounts.

Studio Stacks websites are customized and tailored for every client therefore the sites are excluded from the 7 day cool off period in which consumers can cancel the order without giving any reason as formulated under the Distance Selling Regulations.

Production time:
Studio Stacks will strive to deliver any order within seven working days. However this production time could be extended as a consequence of delays caused by third parties. E.g. domain registrations could take up more time than initially estimated due to administrative requirements and processing time.

Content provision:
The Client agrees to make available to Studio Stacks all materials required to complete the site to the agreed standards and timeframes; and specifically agrees to make the materials available to Studio Stacks within the deadline established by Studio Stacks at the commencement of a project.

Studio Stacks will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.

Studio Stacks cannot take responsibility for any copyright infringements of any kind, caused by materials submitted by the Client or by indirect action of the Client. We also assume that any material supplied by the Client does not infringe any copyrights or intellectual property rights or is part of any dispute whatsoever. We reserve the right to refuse any material unless adequate proof is given of permission to use such material. Studio Stacks reserves the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial.

The website created by Studio Stacks and its utilisation:
Studio Stacks will not be liable or become involved in any disputes between the website owner (the Client) and the website users and cannot be held responsible for any wrongdoing or consequences on the part of a site owner (the Client) or the site users. E.g. any disputes arising for the website contents, activities, promotions, messages; nor for the information interchanged through the website.

The Client agrees to hold Studio Stacks harmless from any and all, claims, demands, and liabilities resulting from the use of the website which damages the Client, its customers or any other party.

Intellectual Property & Licensing:
Studio Stacks keeps the ownership and will remain the sole owner of the intellectual property of all Studio Stacks designs. This includes all images, cascading style sheets, and included JavaScript related to the design. You cannot redistribute these files as your own, or include them in a package or extension of your own without prior consent of Studio Stacks. PHP code portions are distributed under the GPL version 2.0 license (http://www.gnu.org/licenses/gpl-2.0.html GNU/GPLv2). Additionally all Studio Stacks designs are build on WordPress which is also released under the GPL version 2.0 license (http://wordpress.org/about/gpl/).

Copyrights:
Studio Stacks retains the right to display the work in any online or offline portfolios, and for the purpose of marketing or advertising our services online or offline.
Studio Stacks, also retains the right to re-utilise in any way the programming code developed at any stage and part from frameworks such as “Content Management Systems” or particular scripts.

Any scripts, applications or software (unless specifically agreed) provided by Studio Stacks and or written by Studio Stacks or its employees, agents, or its subcontractors, remain under the copyright of Studio Stacks and shall not be commercially reproduced or resold without the written permission of Studio Stacks.

Payment:
All fees are not refundable, unless specified. All orders need to be paid in full prior to the commencement of work. All rates are agreed to by accepting the quotations on the website when placing an order.

The client will receive a quote by email if any modifications or additions to the design are requested. Only when the quoted amount has been paid in full will Studio Stacks commence working on these request.

Studio Stacks reserves the right to retain any work done until all outstanding sums are paid in full.

Websites, Databases, Applications and E-Commerce tools functioning:
Studio Stacks cannot take responsibility for any losses incurred by the use of any website, software, database, applications and e-commerce tools created and/or designed for the Client. Studio Stacks is not a payment processor, and therefore has no responsibility whatsoever over online transactions in the Client’s website.

Studio Stacks may suggest suitable payment processors such as Paypal but in no way shall be held liable for their performance.

Whilst every possible care is taken to ensure a product’s correct functioning and accuracy, the ultimate responsibility lies with the Client to ensure that all products are functioning correctly before and during use.

Any scripts, applications or software (unless specifically agreed) provided and or written by Studio Stacks its employees, agents or suppliers, remain under the copyright of Studio Stacks and may only be commercially reproduced or resold with the strict and written permission of Studio Stacks.

Where sites are uploaded to servers other than Studio Stacks’ own web servers, the Client is expected to provide or seek relevant information, additional software, support or co-operation pertaining to the server required in order for the website to function properly.

Where errors or other issues are found after the site is live, Studio Stacks will endeavour (but is not obliged to) to correct these issues to meet the standards of function outlined in the quotation and brief.

Compatibility:
All Studio Stacks pre-designed websites are guaranteed to work in the most common desktop browsers.

Website Hosting & Domains

Studio Stacks will only provide web hosting in addition to a website order but will never sell web hosting on its own.

Studio Stacks web hosting services may only be used for hosting the Studio Stacks website. Any other usage is strictly prohibited without the written permission of Studio Stacks. If no agreement can be reached Studio Stacks will endeavour (but is not obliged to) to find an alternative solution. Studio Stacks will not be liable for any incurring costs.

Payment:
Web hosting must be paid for in full and for a minimum of 12 months in advance. An invoice will be send out by email – unless requested otherwise – 60 days prior to the start of a new 12 month period. The invoice will need to be paid in full within 30 days. Neglecting to do so will result a suspension of the hosting services and a cancellation of the domain registration.

The company reserves the right to vary the amount payable from time to time, however we will give you 30 days prior written notice of any such variation.

Termination:
Web hosting from Studio Stacks involves a yearly contract and shall commence on the date of acceptance by the client. Thereafter the contract will continue on a yearly basis unless terminated according to the provisions below.

All web hosting and domain cancellations must be done in writing, and at least 31 days before the ending of the yearly contract. Notifications must include user name, principal contact name with valid signature and reason for cancellation. Third party cancellations are not accepted.

Studio Stacks may, at its sole option and without any obligation to refund monies paid by you terminate this Agreement immediately on written notice (email) to you if:
(a) ordered to do so by a court of competent jurisdiction;
(b) the use of the Service is or becomes illegal;
(c) if there is a breach of this Agreement;
(d) the continued use of the Service could cause technical problems on the Internet; or
(e) you act in any way or do anything which may reasonably be construed to impugn the trade mark rights of Studio Stacks or otherwise be detrimental to the business, goodwill or reputation of Studio Stacks.

When your account is closed all files will be deleted.

If a client has ordered a service on an annual subscription the company expect the client to commit for this period of time. If the client wishes to cancel or breaks any of the terms and conditions and their account is cancelled within this service period, Studio Stacks will not make any refunds for any unused portions of the client’s account. Whilst the company does not offer refunds the client have no obligation to continue using our service.

Fraudulant Activities:
In the case where suspicion of fraud has arisen, Studio Stacks reserves the right to cancel your account at any time without prior notice or consent from the client . We also reserve the right to not refund any monies paid and this is totally at the companies discretion . Factors that may constitute as fraudulant are:
i) Supplying false contact information
ii) Using someone elses credit card without their written consent
iii) Witholding information from the company
iv) Offering or distributing any fraudulent goods, services, schemes or promotions

Company’s Liability:
In no circumstances whatsoever will Studio Stacks be liable for economic, indirect or consequential loss arising from delays or service interruptions.

Studio Stacks will not be responsible for loss occasioned by computer viruses, whether introduced by Studio Stacks’ software or otherwise.

To protect your privacy we will never distribute your name or e-mail address to any third party and we will never contact you seeking login information by phone or email.

Studio Stacks reserves the right to remove material deemed inappropriate from your web pages, without prior notice. Studio Stacks do not allow Warez, Illegal MP3 websites, porn and discriminate or racial content on their servers.

Studio Stacks shall not be held liable for any loss or damage caused by the use, misuse, unavailability or removal of services.

Whilst Studio Stacks shall expeditiously seek domain registration, Studio Stacks shall not be liable in the event of the domain having been registered by some other person by the time the company seeks registration in which event a full refund will be paid to the client without any other liability on the part of the company for loss by the client.

Domain Names:

Domain names must be paid for in full and for a minimum of 12 months in advance.

In the case of expiry, we will contact you at least 2 months by email and in some cases by post with a renewal Invoice. Domains will not be renewed by the company until payment is received in full. The company may use alternative communication methods given by the client (email , phone, post) and it is the clients responsibility to make sure all contact information associated with the domain name is up to date and accessible . It is not the company’s responsibility to check this . If the client fails to contact the company on the domains expiry date the domain will not be renewed and will enter a redemption period.

In the case of a domain entering a redemption period , the company may be required to charge a higher fee than normal to secure the domain for an additional 12 months.

Once a domain name has been registered on a clients behalf, it is not possible to cancel the domain or offer a refund.

UK Domains
All *.uk domain registrations are covered by Nominet’s terms and conditions. In case of dispute you should refer to their domain dispute resolution policy.

IE Domains
All .ie domain registrations are covered by the IEDRs registration policy. In case of dispute you should refer to their domain dispute resolution policy.

NL Domains
All .nl domain registrations are covered by the SIDN’s registration policy. In case of dispute you should refer to their domain dispute resolution policy.

Complaints Procedures

Informal procedure:
Anyone who experiences a problem with the service provided by Studio Stacks should raise the matter directly by sending an emailing to: support@studiostacks.com or contacting us via telephone (+353 1 901 0132). The complainant shall provide sufficient information outlining the grounds for the complaint. Studio Stacks will revert with comments as to the next step in solving the inconvenience and will follow up on progress achieved as soon as practicable.

Formal complaints procedure:
This procedure should be followed only when the complainant feels that the nature of the complaint is too serious to be dealt with informally, or where a satisfactory conclusion has not been reached after following the informal procedure. A formal complaint should be made in writing to Studio Stacks, who in turn shall acknowledge receipt and ensure that the matter is looked into as soon as possible. Initial responses to any formal complaint can be expected within seven days of its receipt; a full response to the complaint should be completed within 30 days and any subsequent remedy implemented with the minimum of delay.