By accepting a quote from Pou Digital, you are deemed to have satisfied yourself with the terms and have accepted these Terms in full. Your purchase or use of our services implies that you have read and accepted our Terms and Conditions.
Pou Digital will provide services to clients using competent and experienced personnel who will carry out the work in a professional manner and in accordance with appropriate standards.
While Pou Digital strives for a professional approach, we shall not be liable for any consequences arising from the provision of services, except for consequences resulting from proven negligence on our part.
Upon acceptance of these terms, we will provide you with a Letter of Engagement outlining the specifics of our work, including the scope, pricing, and timelines. This Letter of Engagement must be signed and returned to Pou Digital before work commences.
The charges for our services are defined in the project quotation you receive via email. Quotations are valid for 30 days. Pou Digital reserves the right to alter or decline to provide a quotation after the expiration of 30 days.
Unless agreed otherwise, website design services require an advance payment of at least 20% of the project quotation total before work is supplied for your review. The remainder of the project quotation total is due upon completion of the work, before uploading to the server or release of materials, unless otherwise arranged in advance and confirmed in writing.
Pou Digital will provide you with an opportunity to review the appearance and content of the website during the design phase and once the overall website development is completed. If we do not receive any notification within ten (10) working days from the date the materials are made available to you, they will be deemed accepted and approved.
Pou Digital will install and publish or supply your website by the specified date in the project proposal, or a date agreed upon with you, provided we receive the initial payment. However, if you request a specific delay, we may accommodate it, subject to agreement.
In return, you agree to designate a single primary contact to assist Pou Digital in progressing the project efficiently. You will be required to provide website content such as text, images, movies, and sound files during the project.
To ensure our efficiency, we request that you provide all required information in advance. If progress is hindered due to a lack of information within the agreed time frame, we reserve the right to impose a surcharge of up to 25%. For projects involving Search Engine Optimization (SEO), we require the text content in advance to plan and complete the SEO effectively.
If you fail to provide the required information within one week of project commencement, we reserve the right to close the project, and the remaining balance becomes payable immediately.
Ownership of the products supplied as part of our service is retained by Pou Digital until full payment for the service is received. We reserve the right to retain Intellectual Property developed but not delivered as a final product to you.
Neither party transfers any of its Intellectual Property rights to the other. Each party retains exclusive interest in and ownership of its Intellectual Property developed before or outside the scope of engagement.
Payment terms will be established based on project commencement. We require a 20% upfront payment before starting the project, unless a prior arrangement has been made. Invoices do not expire.
Upon project completion but before publishing the live website, we will provide invoices. Invoices are due upon receipt. Unpaid accounts after 30 days from the invoice date will incur a 2% service charge per month on the outstanding balance.
If a project end date has been agreed upon, delays caused by your communication or failure to provide requested documents/information may result in invoices being raised prior to project completion. You will be liable for any collection costs and legal fees incurred by Pou Digital for overdue amounts.
You agree to reimburse Pou Digital for any additional expenses necessary for completing the work, such as the purchase of special fonts or stock photography.
Accounts unpaid after 30 days from the invoice date will be considered in default. In case of default, we may remove any information or files you maintain on our web space and assess charges to your account. You will be responsible for paying outstanding charges and any reasonable expenses, including legal fees, incurred by Pou Digital to enforce these Terms and Conditions.
Pou Digital makes every effort to ensure websites are designed to be viewed by popular current browsers. We cannot guarantee correct functionality with all browser software across different operating systems. We may quote additional work if changes are needed to accommodate updated browser software.
To terminate our services, you must provide a written notice, which will be effective upon receipt. Termination requests through email or telephone will only be honored upon confirmation in writing. You will be invoiced for completed design work up to the date of the cancellation notice.
By engaging our services, you authorize Pou Digital to collect, use, retain, and disclose any information about you to assess creditworthiness, market products and services, provide or obtain credit references, engage in debt collection, or notify a default, as permitted by the Privacy Act 1993.
You agree to use our services for lawful purposes only and indemnify and hold Pou Digital harmless from any claims resulting from your use of our service that damages you or any other party.
You retain the copyright to data, files, and graphic logos you provide, granting Pou Digital the rights to publish and use such material. You are responsible for obtaining permission and rights for any copyrighted information or files from third parties. You agree to indemnify and hold harmless Pou Digital from any claims resulting from your negligence or inability to obtain proper copyright permissions.
Unless otherwise specified, we assume that text will be provided in electronic format, while photographs and other graphics will be provided in print or electronic format. Although we make reasonable attempts to return materials, we cannot guarantee their return.
A link or graphic crediting Pou Digital may appear on your website, unless you request its removal. Removing the design credit incurs a fee based on the total development charges.
If your website is installed on a third-party server, you must grant Pou Digital temporary read/write access to your storage directories accessible via FTP. Additional resources may also be required, depending on the project’s nature.
Pou Digital is not responsible for any alterations made to your website by a third party after installation, including additions, modifications, or deletions.
Pou Digital provides website hosting services to its clients. We make no assurance of uninterrupted or error-free service and do not warrant the security of your content hosted on our servers. You agree that Pou Digital will not be held responsible for any damages your business may suffer.
We may offer photography services as part of our projects. You agree that any photographs taken by Pou Digital for the purpose of the project can be used by Pou Digital for promotional purposes, unless otherwise agreed in writing.
Pou Digital also offers app development services. The same terms apply to these services as those outlined for website design and development. Any additional terms specific to app development will be provided in the project quotation or Letter of Engagement.
We offer e-commerce solutions. You are responsible for complying with all relevant laws relating to e-commerce, and to the full extent permitted by law will hold harmless, protect, and defend and indemnify Pou Digital and its subcontractors from any claim, penalty, tax, tariff loss or damage arising from your or your clients’ use of Internet electronic commerce.
Pou Digital provides optional website maintenance plans. These plans are subject to a separate agreement and additional fees. You agree that changes requested outside of these maintenance plans will be billed at our hourly rate.
Marketing Services Pou Digital offers various marketing services, including but not limited to search engine optimization (SEO), social media marketing, content marketing, and email marketing. You agree that while Pou Digital will use industry-accepted best practices to achieve the best results for your campaigns, Pou Digital cannot guarantee specific rankings, increased sales, or certain results.
All materials that we create in the course of these services may be used in our portfolio and marketing materials, unless otherwise agreed in writing. We reserve the right to discontinue any marketing service should we determine that it violates our ethical guidelines or any applicable law.
We may purchase domain names on your behalf, but the payment and renewal of those domain names are your responsibility. We are not responsible for any loss, cancellation, or other domain-related issues resulting from non-payment or late payment.
These Terms and Conditions supersede all previous representations, understandings, or agreements. Your e-signature and/or payment of an advance fee constitute agreement and acceptance of these Terms and Conditions.
Our social media marketing and management services require a minimum 3-month contract with advance monthly payments. Failure to make timely payments may result in the suspension of work until payment is rectified.
Our social media marketing and management services require a minimum 3-month contract with advance monthly payments. Failure to make timely payments may result in the suspension of work until payment is rectified.
If any provision of these Terms and Conditions is deemed invalid, illegal, or unenforceable, the remaining provisions shall remain unimpaired. The invalid provision shall be replaced with a valid and enforceable provision that best aligns with the parties’ intentions.
Please note that these terms and conditions are provided as a general template and may need further customization or legal review to meet your specific requirements.
