Terms of Agreement
The following Terms of Agreement pertain to all chargeable services provided by C Me Online Limited (hereafter referred to as CMOL) to the Client, including but not limited to the following services:
- A. DESIGN & DEVELOPMENT
- Website Design
- Website Development
- E-Commerce Development
- Logo Design / Graphic Design Services
- Professional Photography or Videography
- Professional Copywriting / Content Creation
- B. DIGITAL MARKETING
- Digital Marketing & Social Media Management
- Subsequent / Extended Campaigns
- Additional Chargeable Elements
- C. DIGITAL / WEB SERVICES
- Domain name registration/renewal
- Web and/or email hosting
- SSL (Secure Socket Layer) certification
- Professional/chargeable plugins/licences
- D. WEBSITE SUPPORT/MAINTENANCE & ONLINE CLIENT HELPDESK
- Inclusive website support/web maintenance (Year 1)
- Chargeable website support/web maintenance
- Online Client Helpdesk
- Website Support/Maintenance SLA
- E. LICENSED CONTENT/MEDIA & COPYRIGHT
- A. DESIGN & DEVELOPMENT
A. DESIGN & DEVELOPMENT
A.1. All Clients will be provided with a detailed proposal & quotation/order form, outlining the services required.
Upon acceptance by the Client, CMOL will issue the Client with an invoice for the total amount, as agreed on the quotation and Order Form. The invoice will indicate the booking/up-front deposit amount due to be paid, to confirm placement of order, as well as balance payment(s) schedule.
- A.1.1. To confirm placement of order, the Client must Sign/date and return order form to CMOL, and pay the agreed booking/up-front deposit
A.2. Once A.1.1 above have been received by CMOL, the Client project will be added to the C Me Online Web Development Schedule. The Client must provide all required website content, text, images (where applicable), etc., within a maximum 6 week timeframe from the date of signed order form OR date of deposit payment, otherwise CMOL has the right to cancel the project. In such circumstances, no refund of deposit will be payable.
A.3. DEPOSIT / BALANCE PAYMENT METHODS
Clients have two options to pay invoices, as below (we do not accept cheque payments – cheque payments will incur a €25 handling fee from 1 June 2022):
- A.3.1. SEPA/EFT Bank payments – this is the preferred option and is available to all Clients located within the EU (European Union)
- A.3.2. Debit/Credit Cards – clients may wish to pay via debit/credit card. CMOL offer an online payments facility (via STRIPE). It should be noted that online payments incur card processing fees of 1.4% + €0.25 per transaction.
All Client deposit and balance payments are non-refundable. CMOL does not offer or facilitate refunds.
A.5. SUBSEQUENT AND BALANCE PAYMENTS
Both order form and sales invoice will include the agreed payment terms, which may be either of the following:
Booking/up-front deposit, followed by a balance payment due upon completion, immediately prior to “go live” or booking/up-front deposit, followed by an agreed staged repayment schedule
Where agreed payment terms include final balance payment due upon completion, ready to “go live” or immediately prior to “go live”, the following applies:
- A.5.1. Once web design & development is complete, and website is presented to Client for final review, the Client is allowed a maximum of 14 days to provide any final changes to content to CMOL. Any subsequent delays in providing final feedback to CMOL will result in the full/final balance being due for immediate payment
The agreed repayment structure MUST be adhered to, by the Client.
CMOL retain full ownership of all digital assets, intellectual property etc., until all payments have been made in full.
As soon as final agreed balance payment has been received by CMOL, full ownership and intellectual property rights etc. are immediately transferred to the Client.
Failure by the Client to adhere to the agreed payment structure, as agreed and signed by the Client on the original Order Form may result in debt collection / legal fees to recoup same.
A.6. WEBSITE TRAINING – VIDEO TUTORIALS
After full balance payment has been received by CMOL, the Client will be provided with one (or more) custom video training tutorials. These video tutorials will be uploaded to YouTube (as “unlisted”) for future reference purposes.
Every video tutorial is customised to each Client project. Client video training tutorials will be provided to the Client approximately 1 week after the final balance payment has been received by CMOL.
A.7. FULL ADMINISTRATOR ACCESS
Upon delivery of the client’s video training tutorials, the Client will be provided with full website administration access. If CMOL is providing website support/maintenance services to the Client, the Client must not install any new plugins, code, scripts, themes, templates etc., without prior approval by CMOL support personnel. This is to protect the underlying security of the Client website.
A.8. LOGO / GRAPHIC DESIGN
Upon final/balance payment by the Client, CMOL will provide the Client with final copies of the logo (or other graphic design work, as agreed), in print ready formats.
A.9. PROFESSIONAL PHOTOGRAPHY / VIDEOGRAPHY
Upon final/balance payment by the Client, CMOL will provide final/full quality photography / videography to the Client, where CMOL purchased photos or engaged photographer.
A.10. PROFESSIONAL COPYWRITING / CONTENT CREATION
Upon final/balance payment by the Client, ownership/intellectual property of copy and/or content provided will be transferred to the Client.
A.11. WEBSITE CONTENT / PURPOSE
CMOL reserve the right not to create or publish any website that:
- A.11.1. Promotes violence, war or aggression
- A.11.2 Promotes the illegal importation, exportation, sale or supply of weapons, illegal drugs or any other category of banned/illegal goods or services
- A.11.3. Is engaged or provides for any form of human trafficking
- A.11.4. Promotes either ultra-left-wing or ultra-right-wing opinions or views. CMOL will decide on whether the Client website infringes on this rule
- A.11.5. Promotes or distributes mis-information or conspiracy theories. CMOL will decide on whether the Client website infringes on this rule
A.12. WEBSITE FOOTER CREDITS
All websites designed and developed by CMOL will include footer credits (e.g. “Powered by C Me Online”). If a Client wishes for this to be removed, this can be achieved, for an agreed fee.
B. DIGITAL MARKETING & SOCIAL MEDIA MANAGEMENT
B.1. CMOL provides digital marketing & social media management services. These services are quoted and agreed upon by the Client, in advance of commencement of any digital marketing services, based on a monthly charge.
B.2. CMOL charge the Client a one-time fee for the preparation of a Digital Marketing / Social Media Management Campaign.
Each campaign is proposed for (usually) a duration of 3, 4, 6 or 12 months, with the proposal & quotation indicating the “price per month” for each campaign.
B.3. Upon acceptance by the Client, CMOL will invoice the Client for the costs of preparation of the Client’s Digital Marketing / Social Media Management Campaign, as well as the initial 3 months digital marketing monthly charges.
Once signed order form and full payment of invoice has been received by CMOL, the campaign will be scheduled and will commence accordingly.
B.4. SUBSEQUENT / EXTENDED CAMPAIGNS
Should a Client require additional Digital Marketing / Social Media Management services after the initial 3 month period, CMOL will invoice the Client for said services, 1 calendar month before the commencement of additional/extended campaign.
Full payment of the invoice for extended campaign must be paid in advance of the commencement of extended campaign.
B.5. ADDITIONAL CHARGEABLE ELEMENTS
Any additional chargeable elements required for a Client’s Digital Marketing / Social Media Management campaign (e.g. creation/production of a custom video or custom animation) will be invoiced separately.
C. DIGITAL / WEB SERVICES
C.1. DOMAIN NAME REGISTRATION / RENEWAL
CMOL provides domain name registration, renewal and DNS management services to Clients. Any domain names registered by CMOL on behalf of the client will be invoiced annually in advance, and must be paid by due date as stated on Client invoice.
Domain renewals (annual) are invoiced 1 month in advance of their renewal date, providing the Client with approx. 30 days’ notice of due payment of same. If renewal invoices for domain names are not paid by their due date, final reminder notices will be emailed to the Client. If payment is not received, by 10 days after renewal date, CMOL reserve the right to cancel the client domain. Any late renewal invoice payments will also incur a late payment fee, as indicated on the Client invoice.
In the event of a Client not wishing to renew a domain name, after having received renewal invoice for same, the Client must notify CMOL of cancellation of domain renewal a minimum of 14 days prior to invoice due date, otherwise the renewal invoice must be paid by the client.
C.2. WEB AND/OR EMAIL HOSTING
CMOL provides website and email hosting services to Clients. Any hosting services provided by CMOL on behalf of the client will be invoiced annually in advance, and must be paid by due date as stated on Client invoice.
Web / Email hosting service renewals (annual) are invoiced 1 month in advance of their renewal date, providing the Client with approx. 30 days’ notice of due payment of same. If renewal invoices for hosting services are not paid by their due date, final reminder notices will be emailed to the Client. If payment is not received, by 10 days after renewal date, CMOL reserve the right to cancel the client’s website and/or email hosting services. Any late renewal invoice payments will also incur a late payment fee, as indicated on the Client invoice.
C.3. SSL CERTIFICATES
CMOL provides SSL (“Secure Socket Layer”) Certificate services to Clients. Any SSL services provided by CMOL on behalf of the client will be invoiced annually in advance, and must be paid by due date as stated on Client invoice.
SSL Certificate service renewals (annual) are invoiced 1 month in advance of their renewal date, providing the Client with approx. 30 days’ notice of due payment of same. If renewal invoices for SSL services are not paid by their due date, final reminder notices will be emailed to the Client. If payment is not received, by 10 days after renewal date, CMOL reserve the right to cancel the client’s SSL Certificates. Any late renewal invoice payments will also incur a late payment fee, as indicated on the Client invoice.
C.4. PROFESSIONAL / CHARGEABLE PLUGINS / LICENCES
Client websites designed and developed by CMOL may include professional/chargeable plugins/licences. All or any professional/chargeable plugins/licences will be itemised on Client invoice and must be paid by their due date, for registration and for annual renewal.
Failure by the Client to pay the licence fees will result in late payment charges and possible discontinuation of said plugins/licences.
D. WEBSITE SUPPORT/MAINTENANCE & ONLINE CLIENT HELPDESK
CMOL provides Website Support / Web Maintenance & the provision on Online Client Helpdesk services to Clients. These services may be included free of charge for Year 1 (i.e. for the initial 12 month period from original Order Form date), and chargeable annually thereafter.
D.1. INCLUSIVE WEBSITE SUPPORT / MAINTENANCE (YEAR 1)
- Clients may be provided with 12 month’s inclusive Website Support / Website Maintenance (including access to the Online Client Helpdesk), as may be indicated on the original Proposal and Order Form.
Any inclusive Website Support services will be estimated in advance, based upon a total inclusive amount of annual hours of support to be provided, within the initial 12 month timeframe. The estimated annual hours of support will be referenced on the Client invoice.
All Helpdesk / Web Support tickets opened by Clients will include the time spent by CMOL Web support, for each ticket. Within the first year of inclusive web support services being provided, should the total number of web support “hours” exceed the original estimated hours of inclusive support, by more than 1 hour, CMOL will contact the Client and agree for any additional web support charges to be invoiced for the remainder of the first year.
Likewise, at the end of the first year, where inclusive website support has been provided, renewal charges for on-going Website Support / Website Maintenance (including access to the Online Client Helpdesk) will be calculated and invoiced based on the total number of hours provided within Year 1, in addition to the basic web maintenance fee chargeable for CMS updates, plugin renewals/updates, PHP versioning and management etc.
For example, Client A is provided with 3 hours of inclusive/free Web Support / Maintenance / Online Client Helpdesk services for Year 1. After 6 months, the Client has been provided with 5 hours of Web Support / Maintenance / Online Client Helpdesk services. In this situation, the Client will be contacted by CMOL and invoiced for an additional 5 hours support, to cover the remaining 6 months of the first year.
At the end of Year 1, the Client will be invoiced for on-going Web Support / Maintenance / Online Client Helpdesk services, based on the total hours provided for these services in Year 1.
D.2. CHARGEABLE WEBSITE SUPPORT / WEB MAINTENANCE
CMOL provide Clients with Website Support / Web Maintenance (including access to the Online Client Helpdesk), chargeable annually in advance, based upon an agreed number of annual hours of support to be provided. The estimated annual hours of support will be referenced on the Client invoice.
All Helpdesk / Web Support tickets opened by Clients will include the time spent by CMOL Web support, for each ticket. Within any given year of chargeable web support services being provided, should the total number of web support “hours” exceed the original estimated / already invoiced support, by more than 1 hour, CMOL will contact the Client and agree for any additional web support charges to be invoiced for the remainder of the year. In these circumstances, the annual renewal charges for subsequent annual web support / web maintenance / online helpdesk support will be based on the total number of hours provided in the preceding year.
Clients must pay for the web support annually in advance, and by the invoice payment due date. Failure by the Client to pay these invoices in time may result in the termination of any/all website support services and may also result in late payment fees, as communicated by CMOL on the invoice.
D.3. ONLINE CLIENT HELPDESK
The Online Client Helpdesk ticketing system is available to Clients who have paid for, or are provided with this service by CMOL, which is charged annually in advance.
The Online Client Helpdesk is the ONLY means of providing web support / web maintenance to Clients of CMOL. CMOL will not provide any web support via Client requests sent by email, WhatsApp, SMS text messages or by phone.
Each Client using the Online Helpdesk Support service will be initially provided with registration instructions. Only ONE Online Helpdesk account per Client may be set up on the Helpdesk portal.
When a Client opens a helpdesk/support ticket, detailed information pertaining to the support request must be provided, in order for CMOL support technicians to be able to resolve the issue in a timely fashion.
Every support ticket opened by a Client includes a “Priority” level (Low, Medium, High, Urgent, Emergency, Critical). CMOL asks Clients not to over-prioritise any support request. For example, a typo on a web page should be prioritised as either Low, Medium or High. Emergency & Critical priority levels should only ever be used in cases where core website functionality is not working, website not loading, email is not functioning etc. Clients are asked not to abuse this.
Upon completion / resolution of each support ticket, the designated CMOL support technician will add the time spent on said ticket, in minutes and/or hours. This time will be deducted from the Client’s allocated/agreed annual support hours.
D.4. WEBSITE SUPPORT/MAINTENANCE SLA
Website support & web maintenance is provided on an annual basis (unless agreed otherwise). The following support is included:
- Subtle page layout modifications (for individual page, excludes full theme/template replacement)
- Image/video updates/additions/removals (images/videos must be supplied)
- Revised page copy additions/modifications, including the fixing of typo’s
- Contact form modifications, including the addition of up to 2 new contact forms per calendar year
- Addition or removal of up to 5 sections/modules per website, per calendar year
- PageSpeed/Website Performance
- Submission of XML Sitemaps to Google Search Console
- On-going license renewal of ALL annually chargeable plugins, including (but not limited to) Elegant Themes/Divi license, SEO Press Pro license, WooCommerce chargeable plugins, etc.
- Automated daily backups of client website(s) and database(s)
The following are excluded from helpdesk/web support:
- Replacement of website theme or template
- Colour scheme replacement (site wide) / Font replacement (site wide)
- WordPress, WooCommerce or Divi tutorials/training/hand-holding. (Clients will be provided with one or more video training tutorials pertaining to areas of client responsibility, including blog/news creation/management, E-Commerce product management, E-Commerce order processiong & management), etc.
- Content creation (text copy, image creation or supply of same), unless otherwise agreed.
- Website Hosting
- Digital Marketing & Social Media Management
E. LICENSED CONTENT/MEDIA & COPYRIGHT
All content, images and video files provided by the Client to CMOL MUST be licensed by the Client for use online. CMOL take no responsibility for unlicensed text content (text copy, pdfs, etc.) or media files (images/icons/gifs/videos etc.) provided by the Client to CMOL for their website.
Clients cannot simply download or copy text or images from other/3rd party websites, without the express, written permission & usage license of the copyright owner of these images. This is extremely important and can result in hefty fines for non-compliance. Downloading and using 3rd party images on another website, without permission, is theft and is an infringement of copyright.
CMOL takes copyright infringement very seriously. Should a client infringe on copyright, it is the full responsibility of the Client to address the infringement themselves.
There are numerous sources for acquiring images for use on your website.
Firstly, any of your own personal images may be used. Images should be of good quality, to enhance the visual appeal of your website.
Secondly, you may also avail of stock images. There are many stock image websites of which the majority charge a fee for the use of each stock image. Prices can and do vary considerably between the various stock image websites.
There are also some free stock image websites, however these offer a considerably smaller selection to choose from. Below are our recommendations for sourcing high quality stock images:
Your website Order Form may include a number of licenced stock images, provided by C Me Online Ltd. In these cases, you can provide us with your chosen file numbers from Adobe Stock (https://stock.adobe.com – our chosen licensed stock image provider).