Terms and Conditions of our work
If you appoint Megabeetle to prepare work for you on a project or ongoing basis, you are bound by the following Terms & Conditions.
- Definitions: The Client: Also referred to as ‘You’, the company, business or client, authorised representative of the client, or individual
requesting the services of Megabeetle.
Megabeetle: Also referred to as ‘I’, ‘Our’ and ‘We’, the primary designer/service provider & employees or affiliates.
The Project: Megabeetle will issue you with an estimate and/or proposal either verbally or written, by post or via email outlining our interpretation of your brief, the scope of works, work method, deliverables and limitations of service. For the purposes of this document, The Project may also be titled ‘Work’, ‘Proposal’, ‘Quote’ or ‘Estimate’.
- ACCEPTANCE – Acceptance of the estimate/proposal Megabeetle provides you with is deemed acknowledgement and agreement to the following terms and conditions.
- PAYMENT – Megabeetle accepts payment via transfer to our international bank account (IBAN: PT50-0033-0000-45543603640-05). The value accepted by us in proposal is valid for one week. The validation is ensured with the payment of 50% deposit of the total value (including taxes). The remaining value (50%) of the contract is due on the date of completion. Please send us the proof of each transfer to [email protected] Megabeetle accepts credit card, ATM reference and MBWAY payments, please contact our services if you prefer to pay this way or other.
- CONFIDENTIALITY – Megabeetle fully complies with the European General Data Protection Regulation (GDPR) (2016/679/UE). We may ask you for passwords and details in order to fulfil the requirements of your Your information is confidential, so, we do not misuse any confidential information that you provide us. The client agrees not to disclose the fees charged by Megabeetle or any confidential information we provide to you. The Client is responsible for keeping confidential any passwords and usernames issued to them by Megabeetle.
- EXCLUSIVITY – Megabeetle does not work on an exclusive basis unless this has been specifically negotiated.
- MODIFICATIONS & ADDITIONAL/OPTIONAL/RECOMMENDED SERVICES – Any modification or alteration which increases the time to complete a design (beyond the proposed and stated deliverables) may result in supplementary We will do our best to promptly notify you when moving into additional design time and you will be charged for such additional design time at our quoted hourly rate OR at the fixed fee attributed to that service.
- TIME – Fees estimated in this proposal are done so for the purpose of The costs are generated from experience based on similar projects. Fees are subject to change. Should there be any additions or alterations to the brief, Megabeetle will keep the client informed of both work and fee status during the design and production program. If you do not provide expected information or respond to Megabeetle in a reasonable amount of time, the timelines for the project may be affected. Megabeetle will not be liable for any loss or damage resulting from such estimated time periods not being met.
- PROJECT DELAYS AND CLIENT RESPONSIBILITY – Megabeetle will let you know of any required information/copy/imagery/services upon The Project proposal being accepted. Any time frames or estimates that we give are reliant upon you providing Megabeetle with accurate and timely information and materials. During development there is a certain amount of feedback required in order to progress to subsequent It is required that a single point of contact be appointed from your side and be made available on a reliable basis in order to expedite the feedback process. You must supply all materials and information required by us to complete the work in accordance with any agreed specification. Such materials may include, but are not limited to, photographs, written copy, logos and other material. Where there is any delay in supplying these materials to us which leads to a delay in the completion of work, we have the right to extend any previously agreed deadlines by a reasonable amount.
- COMMUNICATION – Once the first payment has been received and The Project has commenced, you must be available via email or phone, able to answer all questions and complete tasks throughout the design and development process. If you require to discuss details of your drafts by phone, please let us know with anticipation to make the proper
- NATURE OF COPY – The Client agrees to exercise due diligence in its direction to us regarding preparation of materials and must be able to substantiate all claims and representations, and shall only provide us with true, accurate and correct information and You are responsible for all trademark, service mark, copyright and patent infringement clearances. You are also responsible for arranging, prior to publication, any necessary legal clearance of materials we prepare. You promise not to provide to us, or request us to include in a Project, any material that infringes the law or any third-party rights. Megabeetle will not be held liable for any legal infringements as a result of artwork being distributed or published under client direction. You indemnify us from all third party claims made against us in connection with materials included on your website (or otherwise connected with your Project) at your request.
- ARTWORK APPROVAL, ERRORS AND OMISSIONS – Megabeetle will take all reasonable care to check proofs carefully for accuracy in all respects, ranging from spelling to technical illustrations. However, is it considered the client’s responsibility to check all artwork carefully before final sign off on the artwork approval Megabeetle is not liable for errors or omissions once this sheet is signed. Your signature (or electronic recognition) or that of your authorised representative is required on all illustrations or artwork prior to release for printing or other implementation.
- WEBSITE DESIGN & DEVELOPMENT – Megabeetle utilises third party services and open source technology for web design and development Whilst every endeavour will be made to ensure that the website and any scripts or programs are free of errors at the time of delivery, Megabeetle cannot accept responsibility for any losses incurred due to malfunction of the website or any part of it, including where such malfunction is caused by changes to third party software (such as updates, upgrades and bug-fixes made by third parties to their software or coding). Megabeetle cannot be held responsible for problems or additional costs arising due to any errors made by third parties (or the client), or failure to maintain a current backup of your own website.
- RIGHTS OF ACCESS FOR WEBSITE DEVELOPMENT – The client agrees to allow Megabeetle all necessary access to computer systems and other locations, as required, in order to complete a website project, including the necessary read/write permissions, usernames and
- WEBSITE CONTENT APPROVAL – Megabeetle encourages you to review your content and functionality before putting it live. Megabeetle is not liable for errors or omissions once you have approved the site to go
- WEBSITE SUPPORT PERIOD – You will receive email support for 3 months after your site is After 3 months, there will be a charge for support depending on the frequency and complexity of your questions/edits. The support period is limited to the troubleshooting and fixing of items/content/functionality as specified in the initial proposal. Support or additional training requirements will be considered new work and invoiced at the applicable rate.
- WEBSITE TRAINING – Megabeetle offers Website Training for local businesses as an additional Unless outlined in The Project proposal, or specifically requested as part of the process, software training is not included. This service is available at an additional cost including an user’s manual.
- LICENSES OF 3RD PARTY PRODUCTS – Megabeetle offers services which often incorporate the use of 3rd party services, software and products. Megabeetle may install these products on to your site utilising a developer’s license. In these cases, if you wish to terminate your engagement with Megabeetle but wish to maintain use of these licensed products or services, Megabeetle will notify you of the licensing terms and give you an option to purchase an independent license for your site to continue using it/them.
- SEARCH ENGINES – Megabeetle does not guarantee any specific position in search engine results for your Where stated in The Project proposal, we can perform basic search engine optimisation (SEO) according to current best practice using third-party supplied tools.
- CROSS BROWSER COMPATIBILITY – Websites created by Megabeetle will be viewable in the latest versions of Microsoft Internet Explorer, Mozilla Firefox, and Safari at the time of If you opt out of the ‘Cross Browser Testing’ section of the proposal, we cannot guarantee error-free viewing in any specific browser. Compatibility is defined herein as all critical elements of each page being viewable in these browsers. Client is aware that some Internet technologies may require a more recent browser version, operating system, and brand or plug-in. We are not responsible for browser compatibility errors after 3 months from deployment. Unless clearly requested as part of The Project brief, compatibility on phones, tablets and other mobile devices is not guaranteed.
- PROPERTY & SUPPLIERS PERFORMANCE – Although reasonable care will be taken when recommending manufacturers, services and suppliers, responsibility cannot be accepted for any product failure or consequent production losses. Megabeetle will take all reasonable precautions to safeguard the property you entrust to us. In the absence of negligence on our part, however, we are not responsible for loss, destruction or damage or unauthorised use by others of such property. We will use our best efforts to ensure quality and timely delivery of all material. Although we may use our best efforts to guard against any loss to you through the failure of our vendors, media, or others to perform in accordance with their commitments, Megabeetle is not responsible for failure on their
If you select your own vendors, other than those recommended by us, you may request that we coordinate their work. If at all possible, we will attempt to do so, but we cannot in anyway be held responsible for quality, price, performance or delivery.
- CANCELLATION – Should the project be postponed or cancelled by the client, then the client shall be liable for our fees, costs and expenses up to the time Megabeetle are notified in writing of such
- LIABILITY – To the extent permitted by law, all express or implied terms, conditions, warranties, statements, assurances and representations (which are not included in these terms and conditions) in relation to the provision of the services or any other goods or services delivered by Megabeetle are expressly excluded, and our entire liability, and the client’s sole remedy, is limited (at our discretion) to: (a) with respect to the supply of goods: the replacement of the goods or the supply of equivalent goods; the repair of the goods; the payment of the cost of replacing the goods or of acquiring equivalent goods; or the payment of the cost of having the goods repaired; (b) with respect to the supply of services: the re-supply of the services; or the payment of the cost of having the services re-supplied. The client agrees that in no event will the liability of Megabeetle exceed the fees actually paid by the client to Megabeetle. Further, Megabeetle will not be liable in any way for any consequential damage which may be caused as a result of any alleged negligence or breach by us of these terms and conditions.
- PROJECT OWNERSHIP
- Design (visual components of the site) - Unless specifically agreed in writing, Megabeetle owns the copyright to any bespoke visual design work created for The Project. Any third party photography, stock imagery and copyright materials will remain the property of the respective third party and, where appropriate, will be used under the licence agreement to which they are Megabeetle agrees to provide access to the terms of the licence relating to such third party copyright, if requested by the client.
- Software - The Project will be developed using a combination of third party software solutions. Those solutions will be configured for use in The Project, however, all software and code owned by third parties will be used within the licence agreement of its respective owner. To that effect, neither Megabeetle nor The Client own such third party software or code, and the client (and Megabeetle) may only use such software or code within the rules of the licence agreement. Megabeetle agrees to provide access to the terms of the licence relating to such third party software and code, if requested by the
- The Website Build and Final Files - Upon final project payment, Megabeetle agrees to provide all files and information relating to the Project.
- PORTFOLIO USE – After the completion of The Project, we might promote our work and your project including the design we created for you in our Portfolio and do a mini-feature on our site and social media. This feature is for design purposes only and if you decide you don’t want to be included please let us know before the finalisation of your project. You may also be asked to fill in a questionnaire with the option to include a testimonial paragraph for the Megabeetle website. You are under no obligation to do so but your feedback is always appreciated.