TERMS & CONDITIONS
1. Acceptance of Terms
These Terms and Conditions (“Terms”) contained herein on this webpage, shall govern your use of this website, including all pages within this website (“Website”). These Terms apply in full force and effect to your use of this Website and by accessing this Website, you agree to be bound by these Terms contained herein in full.
If you do not agree with these terms and conditions or any part of these terms and conditions, you must not use this website.
2. Services
Domain Name
We will make all endeavors to register the clients chosen domain name. However, we make no guarantees that the domain name is capable of registration by or on behalf of the Client or that it will be registered in the client's name. Once the domain name has been registered, we will send notification to the Client. Any action taken by the Client, before such notification is received by the Client, is at the client's risk.
Web Design and Development
The website design may be used on one domain name only. The client is not permitted to use a design for more than one website without prior written agreement from Euphoria.
Euphoria shall endeavor all websites to function across all different operating systems such as Internet Explorer, Mozilla Firefox and Google Chrome.
The client agrees that all websites will be hosted by Euphoria (via third party platforms such as Wix, Shopify) unless otherwise agreed in the contract.
The client agrees that no liability will be attributable to Euphoria in the event of website downtime or the inability to operate the web pages or website.
Should the client supply material to Euphoria believing it to be copyright and royalty free, which subsequently emerges to have copyright and royalty limitations, the client agrees to permit Euphoria to remove and/or replace the file at the client's expense to be assessed on a quantum merit basis.
Hosting
Euphoria hosts website via third party platforms such as Wix and Shopify. Annual maintenance fee is included in the project quotation for website hosting services provided by third party platforms. While hosting cost recurs annually, we will notify you before the expiry date and it is the client's responsibility to pay for the renewal of the hosting in time. Failure to renew in time can lead to loss of files, data, emails, backups etc. We may disable or delete all unpaid websites from our system. The annual maintenance fee is exclusive of domain fees.
Support and Maintenance
Once your site is on live with your domain, we will carry out corrections and provide the client with support and maintenance services where reasonably possible and within reasonable timescales in the event there are problems, faults and/or errors with regard to the client's website. Any additional work after the free support and maintenance is then charged depending upon the nature of the website changes such as layout or design changes. All additional charges will be in another quotation to be paid before any changes will be done.
3. Payment
A 50% deposit is required before we proceed with the service availed. Upon completion of the project and if approved by the Client, the remaining 50% shall become due before the website become on live. We reserve the right not to begin with any work until the 50% deposit has been paid in full. If the project has been started, the contract cannot be cancelled and the deposit is not refundable.
Shall there be any challenges that Euphoria is unable to overcome during the website development process despite using its reasonable endeavor, the deposit shall be returned in full, and the Client is prohibited from taking any further legal or non-legal actions against Euphoria.
4. Requirements from Clients
You may be required to fill out forms to supply materials, content and information needed for us to complete the project in accordance with any agreed specification. Our team may also ask you some information from time to time when needed through phone or email. Where there is any delay in providing these information to us which leads to a delay in the completion of work, we have the right to extend any previously agreed deadlines.
Euphoria is not responsible for any errors displayed of the content provided by client that is being used in the project.
5. Approval of Work
Once the overall website development is completed, we will send the finished project and have the opportunity to review the appearance and content of the website. You must notify us through a message or email of any unsatisfactory points within 7 days. You may give your comments and feedback for any changes such as in background color, photos and or in the content writing. If we don't receive any update within the 7-day review period, the project completed will be considered approved and the website will be on live.
If you reject any of our work within the 7-day review period, we are pleased to offer you one opportunity to make revisions to the design or unsatisfactory points of the project. After the first opportunity to amend, work cannot subsequently be rejected and the contract will be deemed to have been completed and the 50% balance of the project price will become due. Additional changes can be made subject to additional charges.
6. Amendments
Any amendments to the project must be sent to Euphoria by the client in writing by email. Euphoria will assess the amendments required and discuss with the client the amended project details. Any major deviation from the specification such as the design of the website will be charged and will provide the client with an additional quotation as part of the amended specification. Euphoria also reserve the right to request payment for amendments to the original specification before continuing work.
7. Intellectual Property Rights
All material, both text and images, supplied by the client and used in the construction of the client's website, will remain the client's property. All such material will be assumed to be the property of the client and free to use without fear of breach of copyright laws. Euphoria is not liable for any breach of copyright laws caused by materials supplied by the client.
8. Indemnity
You agree to indemnify and keep indemnified and hold Euphoria on demand harmless from and against any claim brought against any liability, damage, expense, claim or cost (including legal costs and expenses) suffered by Euphoria as a result of the client's breach of any clause of this Terms and Conditions and in respect of all losses, costs, damages, expenses due to any failure to carry out services within a given delivery timescale. This does not affect your statutory rights as a consumer.
9. Termination
The client may request in writing to cancel a project. Euphoria will only accept this request for termination if work on the project has not yet begun. If work has already begun on the project, we will invoice the client for the work carried out and the deposit shall not be refundable.
10. Severance
If any provision of this agreement is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from this agreement and rendered ineffective as far as possible without modifying the remaining provisions of this agreement, and shall not in any way affect any other circumstances of or the validity or enforcement of this agreement.
11. Governing Law
This Agreement and any disputes or claims arising out of or in connection with it or its subject matter or formation (including non contractual disputes or claims) are governed by and construed in accordance with the laws of Hong Kong and shall be settled by way of mediation in Hong Kong. If mediation fails, it shall be settled by way of arbitration in Hong Kong and the decision shall be final, no further claims or appeals shall be filed against another party.
Should you have further questions about these Terms and Conditions, please contact us.