Terms and Conditions
Website Design & Development Terms
It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.
Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.
CMS Tools used: WordPress and WooCommerce
Client accepts that his website will be designed based on WordPress CMS and WooCommerce e-commerce plugin, unless otherwise noted on quote.
In AlterMarket, we believe that WordPress and WooCommerce open source solutions could cover 99% of Clients needs.
Moreover, the easy of content management by the Client that WordPress provides, gives an extra value to Client.
Client accepts that various third party themes and plugins will be used to design his website.
Themes and plugins that AlterMarket has no direct access and involvement on their development. AlterMarket cannot accept any blame about compliance of these themes and plugins with Client’s website. For current or future versions.
Clients accepts that it could be an extra cost to adjust current and future versions of themes and plugins to his website.
Charges for services to be provided by AlterMarket are defined in the project quotation that the Client receives via e-mail and/or in writing. Quotations are valid for a period of 30 days. AlterMarket reserves the right to alter or decline to provide a quotation after expiry of the 30 days.
Unless agreed otherwise with the Client, all website design services require an advance payment of a minimum of ten (10) percent or €150, whichever is greater, of the project quotation total before the work is supplied to the Client for review with the remaining ninety (90) percent, or quotation – €150 deposit, of the project quotation total due upon completion of the work, or after 30 days from the initial payment, whichever is sooner, prior to upload to the server or release of materials.
Payment for services is due by cash, bank transfer, or PayPal. Bank details will be made available on proforma invoices.
AlterMarket will provide the Client with an opportunity to review the appearance and content of the website during the design phase and once the overall website development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies AlterMarket otherwise within ten (10) days of the date the materials are made available to the Client.
Turnaround Time and Content Control
AlterMarket will install and publicly post or supply the Client’s website by the date specified in the project proposal, or at date agreed with Client upon AlterMarket receiving initial payment, unless a delay is specifically requested by the Client and agreed by AlterMarket.
In return, the Client agrees to delegate a single individual as a primary contact to aid AlterMarket with progressing the commission in a satisfactory and expedient manner.
During the project, AlterMarket will require the Client to provide website content in electronic format; text, images, movies and sound files etc. to populate the website.
Failure to provide required website content
AlterMarket is a small business, to remain efficient we must ensure that work we have programmed is carried out at the scheduled time. On occasions we may have to reject offers for other work and enquiries to ensure that your work is completed at the time arranged.
This is why we ask that you provide all the required information at least ten (10) days prior to the agreed completion date. On any occasion where progress cannot be made with your website because we have not been given the required information in the agreed time frame, and we are delayed as result, we reserve the right to impose a surcharge of up to 25%. If your project involves Search Engine Optimisation we need the text content for your site agreed in advance so that the SEO can be planned and completed efficiently.
If you agree to provide us with the required information and subsequently fail to do before the agreed time, ten (10) days prior to the project completion date we reserve the right to close the project and the balance remaining becomes payable immediately. Simply put, all the above condition says is do not give us the go ahead to start until you are ready to do so.
AlterMarket agree to make periodical updates to any sites commissioned and hosted by AlterMarket. This is subject to a fair usage clause. AlterMarket reserve the right to refuse to update websites if such requests exceed 3 hours of work time per site per annum.
NOTE: Text content should be delivered as a Microsoft Word, pdf file, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website. These pages should have the same titles as the agreed website pages. Contact us if you need clarification on this.
If you are commissioning a CMS website you will be provided with a content management system so that you are able to keep your content up to date yourself.
First AlterMarket issue to Customer proforma invoices send via email.
After payment by the Customer, we provide the invoice via email.
Proforma invoices that remain unpaid thirty (30) days after the date of the proforma invoice will be assessed a service charge in the amount of the higher of twenty percent (20%) or €30 per month of the total amount due, whichever is greater.
Client agrees to reimburse AlterMarket for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography, plugins etc. This payment will be required prior to the purchase of the additional required materials.
AlterMarket makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Microsoft Edge, Google Chrome, etc.). The client agrees that AlterMarket cannot guarantee correct functionality with all browser software across different operating systems.
AlterMarket cannot accept responsibility for web pages which do not display acceptably in obselete version or new versions of browsers released after the website have been designed and handed over to the Client. As such, AlterMarket reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.
Accounts unpaid thirty (30) days after the date of proforma invoice will be considered in default. If the Client in default maintains any information or files on AlterMarket’s Web space, AlterMarket will, at its discretion, remove all such material from its web space. AlterMarket is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account. Clients with accounts in default agree to pay AlterMarket reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by AlterMarket in enforcing these Terms and Conditions.
Termination of services by the Client must be requested in a written notice or email and will be effective on receipt of such notice. Telephone requests for termination of services will not be honoured until and unless confirmed in writing or email. The Client will be invoiced for design work completed to the date of first notice of cancellation for payment in full within thirty (30) days.
All AlterMarket services may be used for lawful purposes only. You agree to indemnify and hold AlterMarket harmless from any claims resulting from your use of our service that damages you or any other party.
The Client retains the copyright to data, files and graphic logos provided by the Client, and grants AlterMarket the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting AlterMarket permission and rights for use of the same and agrees to indemnify and hold harmless AlterMarket from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the Client to AlterMarket that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
Standard Media Delivery
Unless otherwise specified in the project quotation, this agreement assumes that any text will be provided by the Client in electronic format (text files delivered on USB drive or via e-mail or FTP) and that all photographs and other graphics will be provided in .gif, .jpeg, .png or .tiff format. Although every reasonable attempt shall be made by AlterMarket to return to the Client any images or printed material provided for use in creation of the Client’s website, such return cannot be guaranteed.
A link to AlterMarket will appear in either small type or by a small graphic at the bottom of the Client’s website. If a graphic is used, it will be designed to fit in with the overall site design. If a client requests that the design credit be removed, a nominal fee of 20% of the total development charges will be applied. When total development charges are less than €700, a fixed fee of €150 will be applied. The Client also agrees that the website developed for the Client may be presented in AlterMarket’s portfolio.
If the Client’s website is to be installed on a third-party server, AlterMarket must be granted temporary read/write access to the Client’s storage directories which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.
AlterMarket cannot accept responsibility for any alterations caused by a third party occurring to the Client’s pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.
AlterMarket can purchase domain names on behalf of the Client. Payment and renewal of those domain names is the responsibility of the AlterMarket. The loss, cancellation or otherwise of the domain brought about by non or late payment by the client is not the responsibility of AlterMarket. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.
Web Hosting Services
Web Hosting Payment Terms
Billing for website hosting service will commence when the website hosting service is created.
Shared website hosting services are invoiced annually.
VPS, dedicated or cloud website hosting services are invoiced monthly.
Payment is due at the end of the proforma invoice send to Client.
Termination of Website Hosting Services with AlterMarket requires a 30-day advance notification via e-mail.
AlterMarket reserves the right to change the rates by notifying customers 30 days in advance of the effective date of the change.
AlterMarket reserves the right to cancel hosting service at any time.
Accepted Use Policy
AlterMarket’s Accepted Use Policy (AUP), is applicable to all Services.
You should use all Services for lawful purposes only.
You agree to maintain Your website in full compliance with the terms and conditions set forth in the AUP. By using any Services, You agree:
- not to violate the laws, regulations, ordinances or other such requirements of any applicable Federal, State or local government.
- not to transmit any unsolicited commercial or bulk email, not to be engaged in any activity known or considered to be spamming or Mail Bombing.
- not to make any illegal communication to any Newsgroup, Mailing List, Chat Facility, or another Internet Forum.
- not to make, attempt or allow any unauthorized access to AlterMarket website, servers, your own hosting account or the account of any other customers of AlterMarket.
- not to allow any remote code execution of malicious software through the hosting account provided by AlterMarket.
- not to cause denial of service attacks, port scans or other endangering and invasive procedures against AlterMarket servers and facilities or the servers and facilities of other network hosts or Internet users.
- not to forge the signature or other identifying mark or code of any other person or engage in any activity to attempt to deceive other persons regarding the true identity of the User.
- not to use AlterMarket services to host any website, other content, links or advertisements of websites that: infringe any copyright, trademark, patent, trade secret, or other proprietary rights of any third party information; contain nudity, pornography or other content deemed adult related; profess hatred for particular social, ethnical, religious or other group; contain viruses, Trojan horses, worms, time bombs, corrupted files, or any other similar software or programs that may damage the operation of a computer or a person’s property; contain warez; contain any kind of proxy server or other traffic relaying programs; promote money making schemes, multi-level marketing or similar activities; contain lottery, gambling, casino; contain torrent trackers, torrent Portals or similar software; violent or encouraging violence.
- not to upload unacceptable material which includes: IRC bots, warez, image, file storage, mirror, or banner-ad services, topsites, streaming, Escrow, High-Yield Interest Programs (HYIP) or related sites, investment sites (FOREX, E-Gold Exchange, etc), bitcoin miners, sale of any controlled substances without providing proof of appropriate permit(s) in advance, AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg’s, hate sites, hacking focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts.
- not to engage in or to instigate actions that cause harm to AlterMarket or other customers. Such actions include, but are not limited to, actions resulting in blacklisting any of Our IPs by the any online spam database, actions resulting in DDOS attacks for any servers, etc. Altermarket reserves the right to refuse service to anyone upon Our discretion. Any material that in AlterMarket judgment, is either obscene or threatening is strictly prohibited and will be removed from AlterMarket servers immediately with or without prior notice and may lead to possible warning, suspension or immediate account termination with no refund. You agree that We have the sole right to decide what constitutes a violation of the acceptable policy use described above as well as what is the appropriate severity of any corrective action to be applied. In the event that a violation of Our Acceptable Use Policy is found, AlterMarket will take corrective action upon our own discretion and will notify You. AlterMarket decision in such case is binding and final, and cannot be a subject of a further change. AlterMarket cannot and shall not be liable for any loss or damage arising from Our measures against actions causing harm to AlterMarket or any other third party. We have the right to terminate each and any hosting account that has been suspended for any reason for more than 14 calendar days after the suspension date, unless You has taken corrective measures to remove the initial suspension threat or violation. Any backup copies of the hosting account will be permanently deleted upon termination and no refund will be due. AlterMarket will not be liable for any loss or damages in such cases.
- not to violate the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 or similar legislation, or promote, encourage or engage in the sale or distribution of prescription medication without a valid prescription.
- At its discretion, AlterMarket can remove any content we determine to be prohibited by this agreement or our Terms and Conditions. No backups will be kept of removed content.
Use of third party services for web hosting
AlterMarket uses a number of web hosting partners to host Clients websites.
We ask you to read the terms of service for each one, as these terms govern your hosting services.
- Hetzner Terms and Conditions
- Leaseweb General Terms
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
AlterMarket has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that AlterMarket shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Limitation of Liability
Notwithstanding any damages that you might incur, the entire liability of AlterMarket and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the service or €1 if you haven’t purchased anything through the service.
To the maximum extent permitted by applicable law, in no event shall AlterMarket or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if AlterMarket or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.
“AS IS” and “AS AVAILABLE” Disclaimer
The service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, AlterMarket, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, AlterMarket provides no warranty or undertaking, and makes no representation of any kind that the service will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither AlterMarket nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the service, or the information, content, and materials or products included thereon; (ii) that the service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the service, its servers, the content, or e-mails sent from or on behalf of AlterMarket are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
The laws of Greece, and courts in Athens, shall govern this Terms and your use of the service.
If you have any concern or dispute about the service, you agree to first try to resolve the dispute informally by contacting AlterMarket
Changes to These Terms and Conditions
AlterMarket reserves the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will make reasonable efforts to provide at least 15 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the service.
If you have any questions about these Terms and Conditions, You can contact us by email at [email protected]
Last updated: 05th April 2021.