Terms & Conditions
By engaging with Hello Humans or any affiliate of Morton and Morton Media Ltd., such as CodeCo, in business the client, therefore, agree to the following.
1. Standard Terms & Conditions
1 a. These are the standard terms and conditions for all Hello Humans services, and apply to all verbal, electronic, or written contracts and to all work undertaken by Hello Humans for their clients.
1 b. By contacting Hello Humans, you open a communication channel that allows communication with you at a future date. This may be for follow up on quotations and/or future sales material.
2. Our Fees And Deposits
Special offer fees are subject to change and are not tied to the standard 50/50 rule that our company’s policy dictates. A 50% deposit of the total fee payable under our proposal is due immediately upon the client instructing us to proceed with any works. The remaining 50% shall become due when the work is complete to the client’s reasonable satisfaction, but subject to the terms of the clauses “Approval Of Work” and “Rejected Work” (see points no.6 and no.22 respecitevely).
We reserve the right not to commence any work until the deposit has been paid in full. The 50% deposit is only refundable if we have not fulfilled our obligations to deliver the work required under agreement. The deposit is not refundable if the development work has started when the client terminates the contract, through no fault of Hello Humans.
3. Supply Of Materials
The client must supply all materials and information required by us 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 us which leads to a delay in the completion of work, we have the right to extend any previously agreed deadlines by a reasonable amount of time.
Where the client fails to supply materials, and that prevents the progress of work, we have the right to invoice the client for any part or parts of the work already completed.
4. Variations
We are pleased to offer the client the opportunity to make revisions to the design. However, we have the right to limit the number of design proposals to a reasonable amount, and we may charge for additional designs if the client makes a change to the original design specification.
Our website 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 €100.00 per hour.
5. Project Delays And Client Liability
Any time frames or estimates that we give are contingent upon the client’s full cooperation and complete and final content in photography for the work pages.
During development, there is a certain amount of feedback required in order to progress to the subsequent phases. The client is required to provide a single point of contact who can be made available on a daily basis in order to expedite the feedback process.
6. Approval Of Work
We will notify the client upon the completion of work, at which time they have the opportunity to review said work. The client must notify Hello Humans in writing of any unsatisfactory points within 7 days of review.
Any work that is not reported to us as unsatisfactory within the 7-day review period will be deemed approved. At this point, work cannot subsequently be rejected, and the contract will be deemed to have been completed, upon which time the remaining 50% balance of the project cost will become due for payment.
7. Payment
We will invoice the client for the balance of the project (50%) before the site goes live.
8. Warranty And Intellectual Property Rights
The client must obtain all necessary permissions and authorities concerning the use of all written copy, graphic images, registered company logos, names and trademarks, or any other material that the client supplies to us to include in the client’s website or web applications.
The client must indemnify us against any claims or legal actions related to the content of the client’s website.
9. Licensing
Once the client has paid us in full for our work, we grant them a license to use the website and its contents for the life of the website.
Any professional third-party software that requires a licence must be bought by the client. Links to the relevant third-party software will be supplied by Hello Humans. The use of these third-party softwares may not be disclosed at the beginning of the project.
10. Search Engines
We do not guarantee any specific position in search engine results for the client’s website. We perform basic search engine optimisation according to current best practice.
11. Consequential Loss
We shall not be liable for any loss or damage that the client may suffer that is in any way attributable to any delay in performance or completion of our contract, howsoever that delay arises.
12. Disclaimer
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 we provide to the client are excluded.
Without limiting the above, to the extent permitted by law, any liability of Hello Humans under any term, condition, warranty or representation that by law cannot be excluded is, where permitted by law, limited at our option to the replacement, re-repair or re-supply of the services or the payment of the cost of the services that we were contracted to perform.
We reserve the right at our sole discretion, to amend or withdraw any content or services offered, or to withdraw ourselves from the provision of services while under contract.
13. Subcontracting
We reserve the right to subcontract any services we have agreed to perform for the client as we see fit.
14. Non-Disclosure
We (and any subcontractors we engage) agree that we will not at any time disclose any of the clients confidential information to any third party.
15. Additional Expenses
The client agrees to reimburse us for any requested expenses which do not form part of our proposal, including, but not limited to, the purchase of templates, third-party software, stock photographs, fonts, domain name registration, web hosting or comparable expenses.
16. Back-ups
The client is responsible for maintaining the client’s own back-ups, with respect to the client’s website and we will not be held liable for restoring any client data or client websites, except to the extent that such data loss arises out of a negligent act or omission by us.
17. Ownership Of Domain Names, Web Hosting, And Emails
We will supply the client with account credentials for any domain name registration and/or web hosting we purchase on their behalf upon our reimbursement for same.
If the client elects to have the website hosted with a company of our choosing, and that is shared with other clients, access to the hosting and site may be limited or denied to the client.
If the client decides to use our partnered hosting service, they understand that it is subject to the terms and conditions of that partner company. We do not guarantee security or uptime. We are not responsible for losses that may arise due to the partner company’s operations.
18. 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 Ireland. The client and Hello Humans submit to the non-exclusive jurisdiction of the courts of Ireland in relation to any dispute arising under these terms and conditions or in relation to any services we perform for the client.
19. Cross-Browser Compatibility
By using current versions of well-supported content management systems such as WordPress, Joomla, etc., we endeavour to ensure that the websites we create are compatible with all current modern web browsers.
Third-party extensions, where used, may not have the same level of support for all browsers. Where appropriate, we will substitute alternative extensions or implement other solutions on a best-effort basis where any incompatibilities are found.
20. E-Commerce
The client is responsible for complying with all relevant laws relating to e-commerce, and the full extent permitted by law will indemnify Hello Humans and its subcontractors from any claim, penalty, tax, tariff loss or damage arising from you or your clients’ use of Internet electronic commerce.
21. Liability
Hello Humans is not liable for any losses, damages or penalties sustained, directly or indirectly as a result of the use of our products or services.
22. Rejected Work
If the client rejects any of our work within the 7-day review period, or does not approve subsequent work performed by us to remedy any points recorded as being unsatisfactory, and we, acting reasonably, consider that the client has been unreasonable in any rejection of the work, we can elect to treat this contract as at an end, and take measures to recover payment for the completed work.
23. Dormant Project
Hello Humans is within rights to seek full and final payment for the section worked on should the project go dormant for 20 days through no fault of their own.
24. Rate Per Hour
Hello Humans bill at €100.00 per hour ex-VAT for miscellaneous works which include, website iterations, new features, and updates.
26. Browser Compatibility
Hello Humans test all projects and work on all browsers that are modern and up to date. We are not supporting versions of Internet Explorer below IE11 (Internet Explorer 11).
The tested view for Chrome, Mozilla Firefox, IE11, Edge and Safari is at 100% zoom. Zoom settings that differentiate from the default are not supported.
27. Publication Of Finalised Website
Upon publishing finalised work, the client is accepting the standard of work completed and is to be deemed completed, as per the original agreement.