Our Terms & Conditions
- Contract
1.1 These Terms apply to all orders. For the purpose of definition, orders are signed Purchase Orders, confirmation in writing of a quote being accepted, ordering of a product through our e-Commerce store or signing up to a monthly subscription of one of our offerings. Receipt of an order by you constitutes your acceptance that our conditions are the only conditions that apply to the contract. In addition payment of your first invoice by you, constitutes your acceptance of our terms and conditions.
1.2 Your agreement and business relationship is with Nevanto Digital for the term of your project, subscription and any service or ongoing work thereafter.
Registered address: Limerick, Ireland
1.2 Quotations must be signed off in writing and orders are accepted subject to our right to adjust prices due to an increase in wages, taxation, production costs or other reasonable increases. Nevanto Digital will carry out work specified within the quotation document. Quotations are only valid for 30 days and all prices are subject to VAT.
1.3 Any discounts are offered on the strict understanding that the accounts are paid by the due date. We reserve the right to invoice for any such discounts on accounts which become overdue.
- Invoicing and payment terms
2.1 Unless otherwise agreed or stipulated, our standard invoicing terms are monthly invoices and must be paid in full to continue our service and description.
*Please note that we do everything we can to keep a high level of service. If you are unable to provide the required time to build your platform account content, it does not mean we have not done our job. Once your account is set up and ready to go live, whether it has placeholder images or dummy text we will issue our monthly due invoice.
2.2 Any costs for production must be paid in advance of a job going to start and must be settled before the delivery date. Development jobs will only be dispatched when payment is settled in full. We cannot be held responsible for delays caused in waiting for funds to clear.
2.3. Nevanto Digital does not offer credit terms. Invoices are payable within 14 days of the dated invoice. In the event of late or missed payments, Nevanto Digital reserves the right to take down any account without notice.
2.4 Payment is currently acceptable by credit card payment.
2.5 Clients must raise objections to invoices within 48 hours of the date of the invoice. Any failure to object within this period is deemed as acceptance of the invoice.
- Project work
3.1 Variances are defined as additional requests falling out of the scope of the monthly service brief or agreed proposal and change requests are made after that point
3.2 A project brief or scope will be agreed prior to work commencing. Clients must at their own expense supply Nevanto Digital with all necessary materials and information to provide the services laid out in the order. We request all assets and content for a project to be supplied upfront at the start of a project. Nevanto Digital cannot be held responsible for delays to a project caused by lack of necessary information, content or sign off.
3.3 We maintain the right to refuse any material which may be deemed to be offensive, abusive, indecent, defamatory, obscene, menacing or in any breach of confidence, copyright, privacy or any other right or in any way thought to be unsuitable for reproduction. We accept no responsibility for the content of a client’s account or material.
3.4 Nevanto Digital retains the title to all goods/designs created for you for the duration of your account. All visuals and other deliverables created in the course of performing the services not used in the final product or account will belong to Nevanto Digital and the client shall not obtain any rights therein. Deliverables are defined as final, account related files such as PDFs or graphics and written content in browser form. In all instances. The source code of an account remains the intellectual property right of Nevanto Digital indefinitely. If a client requires the transfer ownership of related files, graphics or content, this will be agreed separately alongside agreement of reasonable compensation for the privilege.
3.5 A project’s official start date is the date you first agree sign up and your account is activated as live. Estimated delivery dates are not guaranteed. We try our best to meet these deadlines, however we can not be held liable if the project is delayed due to issues beyond our control such as; delay in client passing on the content to the project manager, technical issues, employee sickness, 3rd party issues, changes to the brief, force majeure.
3.6 We will offer a reasonable amount of bug fixing and support via our support center and email for the lifetime of your account. Thereafter, excessive change requests, fixes whether bug fixes or due to misuse will be chargeable at our standard hourly rate of €85 per hour. If the agreed project management monthly hours go above the agreed count in proposal then each extra hour will be chargeable of €85 per hour.
3.7 Your account will have references to Nevanto Digital. We have taken every effort to remove as much branding of Nevanto Digital as possible, due to in built coding restrictions some will be unavailable to be removed. Upon acceptance of your subscription account to Nevnato Digital, yo accept these terms. You also agree to allow Nevanto Digital to place work samples of your our own account for use in our own promotion.
- Account cancellation
4.1 Account cancellation. Should you wish to terminate an account subscription agreement it must be provided in writing in accordance with these Terms. Migration of an account to an alternative provider will be subject to technical operations and if there is a said, technical solution for transfer, it will incur a project/admin fee for preparing files and backups of the database which will be supplied, this will be quoted on a case by case basis It must be noted that we cannot be held responsible for installing an account on a third party server and / or ensuring the information in sad account works on a third party server However, in reference to clause 3.4 and where any bespoke coding has been created by Nevanto Digital, a figure will be negotiated to sell the IP of that website or code to a client.
4.2 Accounts that we build are editable within the design, character limits and some restrictions will be in place to avoid the design ‘breaking’ when content changes. Requests for administrator or FTP access will be denied in all circumstances. Clients will not be given admin access to the back-end but will be given admin access to their account.
4.3 With regards to the data controller, who states how and why data is processed, this is the client. If you’re capturing data for sales or marketing purposes, the client is the data controller. As your digital partner, we acknowledge that we may be classed as the processors of your customers’ data in some circumstances (alongside our server provider and any third party SAS that you may use such as SalesForce etc). Although we have set up the technology, systems, etc to facilitate in obtaining and possibly recording any personal data, we do not shoulder the responsibility on your behalf. We will, where possible advise our clients of GDPR regulations and compliance issues. However, we are not solicitors and any direction is not construed as legal advice. As our client, it is your responsibility to take the necessary legal advice to ensure that your company is GDPR compliant.
- Marketing Automation Platform Subscription
Outside costs, if any, will be estimated separately. If any work is anticipated to exceed estimated costs as outlined in this proposal, Nevanto Digital will obtain the approval before proceeding with the work; alternatively, the client may decide not to include said work. Project status and approval discussions will be scheduled monthly throughout the project.
5.1 Payment: All Payments to be made inline with subscription sign up and payments processed on a monthly basis. Late accounts could cause your account to be locked or to be discontinued until the account is brought current. When a payment is delayed beyond 30 days we will bill for work completed to date. Any additional requested work outside the scope of this proposal would be billed additionally on a time-and-materials basis at the rate of €85 an hour.
5.2 Intellectual Property: All products relating to work performed by Nevanto Digital under this engagement will remain our property until payment for services is received in full. Upon receipt of payment in full, all rights to final deliverables will be automatically transferred to the client without the necessity of further action. Working files and creative concepts not accepted or purchased will remain our property. Nevanto Digital reserves the right to use work samples online and print portfolios. Nevanto Digital will be the copyright holder for all materials supplied to the client. Nevanto Digital is not responsible for any copyright violations. As allowed by law, the law will apply against all claims and expenses, including reasonable attorney’s fees, due to uses for which no release was requested in writing or for the uses that exceed the authority granted by a release.
5.3 Termination: This agreement can be terminated at any time by either party. In the event of cancellation of this order, Nevanto Digital will charge for work already completed and for any extraneous expenses that have accumulated up to the cancellation date. If the agreement is terminated within 30 days of setting up a subscription account, a full refund will be forwarded to the client.
5.4 Limitation of liability and dispute resolution: Client agrees that it shall not hold Nevanto Digital or its agents or employees liable for any incidental or consequential damages that arise from the failure to perform any aspect of the project in a timely manner, or that result from causes reasonably beyond the control of Nevanto Digital or its agents or employees. In no event shall Nevanto Digital be liable for indirect, incidental, or consequential damages, including, without limitation, loss of profits or interruption of business.
- General Terms
6.1 This agreement may be terminated by either Nevanto Digital or you providing written notice is given to the other party in a reasonable time frame, a minimum of 30 days. Upon cancellation of any subscription or job, Nevanto Digital reserves the right to invoice for all work carried out until such time as you have withdrawn a contract subscription or job. This will relate to project time spent calculated on your project rate or our standard day rate per day plus VAT and/or plus any expenses incurred and you will be liable for any third-party costs incurred prior to the cancellation of the contract. Plus a 10% rejection fee is applicable on all designs and work executed by the Agency should you cancel your contract/order without notice.
6.2 Complaints must be made at the time of receiving a subscription account or when content material has been added to your account. For any other work, complaints must be raised in a timely and constructive manner to your project contact in writing. Nevanto Digital will endeavor to respond to and rectify any reasonable issues arising quickly and efficiently.
6.3 Nevanto Digital does not implicitly offer exclusivity to any client for their defined industry. If this is required an acceptable fee and reasonable duration will be negotiated on a case-by-case basis.
6.4 Nevanto Digital warrants and represents to the Client that it will perform its obligations under these Terms with reasonable skill and care. Our liability for loss or damage suffered by you in respect of work carried out shall be limited to the contract value of the particular work. In respect of accounts being suspended or taken down in the event of overdue accounts, we accept no responsibility for damages (indirect or direct, loss of profits, revenue or goodwill of the client) and any claim will be void. Nothing in these terms and conditions shall affect the rights of the consumer.
6.5 We reserve the right to make changes to these Terms and any adjustments will be provided in writing to you.
6.6 This contract between ourselves the Company and the Client shall be governed by and construed in accordance with Irish Law.
Updated October 2023
