Quantum 23 (referred to subsequently as Q23) provides, to contracting businesses (referred to subsequently as Clients), services, designs and implements web solutions for installation at Q23's contracted web host server account for specific projects of Clients.
- Engagement: All services performed and provided by Q23 and or its contractors are in accordance with the most commonly accepted standards and practices of the Web Services Industry. That is to say Q23 will use web site design technologies that are most universally acceptable in order to satisfy the broadest web market possible.
- Additional Services: Any additional work requested by Clients must be authorised and agreed in writing, and additional works will also be subject to these Terms of Use. Additional works or training of new staff members will be billed at the rate applicable at time of order of those works and will be agreed beforehand between Clients and Q23.
- Sub Contractors: Q23 reserves the right to assign other Web designers or subcontractors to Client's projects.
- Cost: Notwithstanding any prices listed in literature or on Web pages, the services described in these Terms of Use shall be completed for the project price agreed between Clients and Q23. The project price includes only the products and options detailed in the project quotation, plus an appropriate level of training for one current member of staff.
- Web Solution Components: Q23 includes the following components:
- A website 'front end'.
- Agreed static content pages including Home page and Contact page.
- Add-on features, tools, custom work as agreed in the project quotation.
- Q23 Database System Integration*.
- Hosting and After Sales Support Service** which includes Online Help and Customer Support during staffed hours.
- Technical Breakdown Support.
- Usability Problem Resolution.
- Regular Back-Ups.
- System Maintenance.
- Website monitoring.
- Browser Compatibility: Q23's Web Solutions are designed to operate in modern browsers: our intention is for cross browser, cross device compatibility, it should be understood this is not always possible. Output may differ between browsers.
- Submitted Content: Clients will make every effort to submit content and approvals in a timely manner. Q23 cannot be held responsible if target launch date cannot be met due to late submission of materials by Clients. Q23 cannot be held responsible if Clients' submitted content contains errors.
- Project Schedule: Following the agreement of the Project Schedule between Q23 and the Clients, the Clients will pay the initial payment agreed, 50% of the total project cost. Clients and Q23 will work together to complete the elements of the web solution in a timely manner.
- Launch Date: The target launch date is typically 6-8 weeks after project commencement; however, the target launch date is dependent on Q23 receiving the necessary information, text, images, approvals and payments from Clients during development.
- Copyrights and Trademarks: Clients unconditionally guarantee that any elements of text, photos or other artwork submitted to Q23 for inclusion in any area of the web solution or entered as website content by Clients, now or in the future, are either owned by Clients, or that Clients have permission from the rightful owner to use each of these elements. Clients will take full responsibility for all copyright issues.
- Copyright to Web System Software: Software created by Q23 relating to the database engine/system platform, including any software that links the database system to the website front end, is owned by Q23 and copyright is not transferred to Clients. Software includes database system source code, scripting, database design, computer programs and any other elements created for the sole purpose of designing Q23 database system solutions. File Transfer Protocol (FTP) codes remain the sole property of Q23 at all times. Q23 retains the right to display graphics and other web design elements as examples of their work, respective portfolios, recommendations and to list credits on assembled web pages.
- Client's Copyright: Completed payment of account allows Clients to retain ownership and full rights to all static elements of the website frontend ie. the design, mark-up code in XHTML and CSS files at all times now and in the future. Client's supplied text, graphics, images, site layout and style are retained by Clients and will not be disclosed or reused by Q23 unless permission is granted in writing by Clients or if the Client has selected a pre-designed template.
- Data Protection: All information held in the Q23 Database will be held and processed for the purpose of the client only. No identifiable personal data will be published. The identifiable data will not be shared with any other organisation unless sharing/collaboration agreements are in place.
- Indemnification: Q23 does not warrant that the functions of the web site will meet the Clients' expectations of site traffic or resulting business. In no event will Q23 or its sub-contractors be liable to Clients or any third party for any damages, including any lost profits, or other incidental, consequential or special damages arising out of the operation of or inability to operate the Web pages or Web site, even if Q23 has been advised of the possibility of such damages.
- Compliance: From time to time, governments enact laws and levy taxes and tariffs affecting Internet electronic commerce. Clients accept that they are responsible for complying with such laws, taxes and tariffs, and will hold harmless, protect and defend Q23 against any claim, suit, penalty, tax or tariff arising from Clients' exercise of Internet electronic commerce.
- Site Changes and Updates: Within 30 days of site launch date, Q23 will carry out free of charge minor updates and changes. These changes include simple text editing, such as spelling corrections and similar items that do not require reformatting or re-editing of the site layout design. Not included are creating new graphics, redesign of navigation, layout or style, replacing all text on a page, etc. Major changes and updates will be discussed and a fair quotation provided by Q23.
- Web Solution Hosting: This service is provided to Q23 by a reputable professional Third Party chosen by Q23 acting on behalf of Clients. This host provides a dedicated server, offers guaranteed web solution up-time and a leading disaster recovery guarantee which Q23 will administrate and follow up. Should technical problems with the hosting arise, Q23 will make every effort to resolve them on behalf of Clients but cannot be held liable for any such technical problems. If the Client chooses to use their own hosting service, additional setup fees may apply. The Client becomes solely responsible for their website and any resulting issues with the website that is related to their hosting service, should they choose to use their own hosting contractor. Q23 cannot guarantee the software will function as designed on Client hosting services nor do we provide website monitoring or regular backups. Proprietary code is encrypted on Client hosting services to protect the intellectual copyright of the QRES software***.
- Cancellation: Q23 will continue to provide and charge for the use of its software until it receives 60 days written notice of cancellation of these services.
- Termination of Service: Q23 reserves the right to terminate/suspend service at any time from the date of this contract, without liability for any, but not limited to, the following reasons: failure to pay for services on time, solicitation or selling of illegal products or services. In the case of failure to pay for services on time, Q23 shall be entitled to discontinue services until payment is made.
- Non-Payment: In the event of non-payment of this agreement, Q23 owns the website and reserves the right to sell the website and any additional services purchased on the client's behalf in order to recover outstanding costs.
- Notification of Non-Payment: If payment for services is not received within 2 days of the agreed-upon payment date, we will provide a written notice to the client, indicating the outstanding balance and informing them of their payment obligations.
- Resolution Period: The client shall have an additional 7 days from the date of notification to settle the outstanding amount in full or make alternative arrangements as agreed upon by both parties.
- Right to Sell: If payment remains unpaid after the resolution period, Q23 reserves the right to sell, transfer, or otherwise liquidate the website, including its domain, content, images, and any other associated assets, to recover outstanding costs. The client forfeits all rights to the website and its content upon such sale or transfer.
- Limitation of Liability: Q23 shall not be liable for any loss, damages, or claims that arise from the sale or transfer of the website and its contents due to non-payment.
- Disputes & Litigation: All agreements shall be governed by Spanish Law and any disputes or litigation arising shall be decided in accordance with the laws of Spain.
- Cookies Policy: We may collect information about your computer, including your IP address, operating system and browser type, for system administration and in order to create reports. This is statistical data about our users' browsing actions and patterns, and does not identify any individual. The only cookies in use on our site are for Google Analytics. Google Analytics is a web analytics tool that helps website owners understand how visitors engage with their website. Google Analytics customers can view a variety of reports about how visitors interact with their website so that they can improve it. Like many services, Google Analytics uses first-party cookies to track visitor interactions as in our case, where they are used to collect information about how visitors use our site. We then use the information to compile reports and to help us improve our site. Cookies contain information that is transferred to your computer's hard drive. These cookies are used to store information, such as the time that the current visit occurred, whether the visitor has been to the site before and what site referred the visitor to the web page. Google Analytics collects information anonymously. It reports website trends without identifying individual visitors. You can opt out of Google Analytics without affecting how you visit our site – for more information on opting out of being tracked by Google Analytics across all websites you use, visit this Google page.
* Clients accept full responsibility for disclosure and use of this User Name and Password and subsequent Data Protection.
** Excluding breakdowns on the system caused by erroneous actions of Clients, excessive staff training, reprogramming of software and redevelopment of the existing system.
*** Excludes QRES On Demand (SaaS) whereby only website images and website content will be provided.