SwiftSites Terms and Conditions

Last Updated: 23/09/2024

1. Introduction

• By accessing www.swiftsites.ie and/or engaging with SwiftSites for web design and related services, the client agrees to comply with these Terms and Conditions. These T&Cs constitute a legally binding agreement between SwiftSites (“we”, “us”, “our”) and the client (“you”, “your”).
• These Terms and Conditions comply with Irish law and the European Union regulations where applicable, including GDPR and the Consumer Rights Directive.

2. Services Overview

• SwiftSites provides website design, development, hosting, maintenance, and related services. The specifics of the services to be provided will be outlined in a separate project proposal or service agreement.

3. Quotes and Pricing

• Quotes Validity: All quotes provided by SwiftSites are valid for 7 days from the date of issue. After this period, SwiftSites reserves the right to adjust the pricing to reflect any changes in the scope of work or market conditions.
• Fees: We will provide you with a clear and upfront pricing structure for our services. The cost will be communicated to you prior to the commencement of work.

4. Ownership and Licensing

• Website Ownership: All websites developed by SwiftSites remain the intellectual property of SwiftSites. Clients may use the website subject to continued payment of the agreed fees.
• Content Ownership: Any content (text, images, videos, etc.) provided by the client for use on their website remains the property of the client. We reserve the right to use client-provided content in our promotional materials.
• Software and Code: Any custom code, plugins, or software utilized by SwiftSites are licensed to the client for the duration of the agreement. The client does not have the right to transfer, sell, or license this code to third parties.

5. Payment Terms

• Billing: Clients will be charged a one-time build fee and recurring monthly payments for web design services. Graphic design and other services will be charged on a per-project basis. All payments are due upon receipt unless otherwise specified.
• Right to Withdrawal: Clients may cancel their service agreement at any time. If services have been provided, the client may be charged for the services rendered.
• Late Payments: If payment is not received within 7 days of the due date, SwiftSites reserves the right to suspend or terminate services, including taking down the client’s website.
• Bundle Packages: SwiftSites may offer bundle deals or packages that combine multiple services at a discounted rate. The specific terms and conditions of any bundle deal will be outlined in a separate agreement or invoice.

6. Hosting and Maintenance

• Hosting: SwiftSites provides website hosting as part of its SwiftCare package. The hosting is managed and maintained by SwiftSites.
• Maintenance and Updates: Regular maintenance and updates are included in our SwiftCare packages. Clients are responsible for notifying SwiftSites of any issues or desired changes.
• Backups: SwiftSites will perform regular backups of websites.
• Service Availability: SwiftSites will make all reasonable efforts to ensure continuous availability of hosting services but cannot guarantee 100% uptime due to potential factors outside our control (e.g., server maintenance, network issues).

7. Termination

• Termination by Client: The client may terminate the agreement at any time by providing written notice to SwiftSites. No refunds will be provided for any fees paid, regardless of when they were paid.
• Termination by SwiftSites: SwiftSites reserves the right to terminate the agreement at any time, with or without cause, by providing notice to the client. In the event of termination for cause (e.g., non-payment, breach of terms), SwiftSites may immediately suspend or terminate access to the client’s website.
• Post-Termination: Upon termination, the client’s website will be taken down, and access to any custom code, software, or services provided by SwiftSites will be revoked.

8. Content and Conduct

• Client Responsibility: The client is solely responsible for the content posted on their website. SwiftSites is not liable for any content, including any infringement of third-party rights.
• Prohibited Content: Clients are prohibited from posting content that is illegal, offensive, or infringes on the rights of others. SwiftSites reserves the right to remove any such content without notice.
• Service Refusal: SwiftSites reserves the right to refuse to provide services to any client, regardless of whether their products or services violate or promote violations of Irish or European law.

• Single Business per Site: Each website created and managed by SwiftSites is intended for use by a single business entity. The client agrees that they will not use a SwiftSites website to represent multiple businesses or promote competing products or services.
• Multiple Websites for a Single Business: A single business entity may have multiple websites created and managed by SwiftSites. In such cases, each website will be treated as a separate instance and subject to the terms and conditions applicable to individual websites. Bundle deals are offered as outlined in Section 5.

 

9. Data Protection and Privacy

• GDPR Compliance: SwiftSites is committed to compliance with the General Data Protection Regulation (GDPR). We will only collect, use, and store personal data as outlined in our Privacy Policy and in accordance with the GDPR.
• Client Data: Any personal data collected during the provision of services will be processed and stored securely, used only for the purpose it was collected, and not shared with third parties without consent.

10. Limitation of Liability

• SwiftSites shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from the use or inability to use the services.

11. Indemnification

• The client agrees to indemnify and hold harmless SwiftSites, its affiliates, officers, agents, and employees from any claims, damages, liabilities, costs, and expenses arising out of the client’s use of the website or violation of these T&Cs.

12. Modifications to Terms and Conditions

• SwiftSites reserves the right to modify these Terms and Conditions at any time. Continued use of our services following any changes constitutes acceptance of the new T&Cs.

13. Governing Law

• These Terms and Conditions are governed by and construed in accordance with the laws of Ireland and the European Union. Any disputes arising from or relating to these T&Cs will be resolved in the courts of Ireland.

14. Dispute Resolution

• In the event of a dispute, both parties agree to first attempt to resolve the matter through good faith negotiation or mediation before resorting to legal action.

15. Contact Information

• For any questions or concerns regarding these Terms and Conditions, please contact us at support@swiftsites.ie.