Damian Popiol: Graphic Design | Web Design | Branding


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Terms and Conditions

Last updated: 11/06/2024

Terms and Conditions

Article 1 – Scope of the General Conditions for the Creation of the Website:

1.1. The purpose of this Agreement is to define the terms and conditions and the methods by which Damian Popiol Web & Graphic Design provides services to its Customer. All features of these services are detailed on the website accessible at “https://damianpopiol.com“.

1.2. These General Terms and Conditions govern the commercial activity of creating websites and other Internet-related products and services for Damian Popiol Web & Graphic Design.

1.3. The signing of the quotation with the mention of the agreement implies the Customer’s unreserved acceptance of these general conditions of sale.

1.4. The design of the website must comply with the attached specifications.

Article 2 – Definitions:

As used herein, each of the following expressions shall have the meaning ascribed to it below:

  • Damian Popiol Web & Graphic Design: The trade name of Damian Popiol Web & Graphic Design, a legal entity of the United Kingdom, with a registered office in Dorchester.
  • Customer: Any natural or legal person who signs a purchase order or quotation in paper or electronic format.
  • Services: All services of any kind provided by Damian Popiol Web & Graphic Design on behalf of the Customer.
  • Supplier: Any natural or legal person with whom Damian Popiol Web & Graphic Design enters into any contract related to or resulting from the services provided.
  • Network: A set of facilities ensuring the transmission or transmission and routing between terminal points of data or telecommunications signals and the exchange of associated control and management information, including both intranet and Internet.
  • Internet: Set of networks of all sizes interconnected by the IP protocol.
  • Website: Structured set of pages in HTML format, composed of textual, graphical, photographic, audio, or video elements in standardized formats.
  • Web Space: A storage space allocated by a provider for hosting each customer’s website.
  • Makeover: Changing existing colours (background, bar, fonts), changing fonts, and changing existing text. Excludes graphics, bars, and/or navigation buttons.
  • Redesign: Equivalent to a website creation with a new design, billed at the creation rate.
  • A4 Page: Defined as regular layout (margins: 2.5 – 12 point font, Times New Roman).

Article 3 – Services Offered:

3.1. Design and creation of websites for companies, associations, local authorities, craftsmen, communities.

3.2. Creation of fully customized graphic designs for static or dynamic websites.

3.3. Redesign of existing websites.

3.4. Maintenance of websites created by Damian Popiol Web & Graphic Design or already existing.

3.5. Creation of various graphics: .gif, .jpg, .png, banners, buttons, logos, illustrations. Flash animations, JavaScript insertion.

3.6. Manual referencing of the created site in various search engines, directories, specialized directories, and portals.

3.7. This list is not exhaustive and may evolve according to customer requests.

Article 4 – Conditions for Creating the Site:

4.1. Upon request, we will send a free quotation by post or email, valid for 1 month from the date of sending. Studies, quotations, and documents delivered or sent by us remain our property and cannot be communicated to third parties for any reason by the buyer. We reserve the right to refuse any request that does not comply with the conditions below (see paragraph 2.3) or for any other technical reason or reason beyond our control.

4.2. Legal Compliance: The Customer has full freedom regarding the content of its web space, as long as it complies with the laws and regulations in force, respecting copyright and intellectual property rights on the images or other files provided. The Customer remains responsible for this verification and must provide proof if requested. The publication of any content directly or indirectly associated with pornography, pirated software, racist, defamatory, discriminatory content, content violating human rights, online gambling, violence, or infringement of intellectual property rights is excluded. We disclaim liability for any subsequent changes by the Customer to the content of the pages created.

4.3. Conclusion of the Contract: Following the Customer’s acceptance of our quotation by return email with the mention “well agreed” followed by the Customer’s full name and postal address in place of a digital signature, or by post with the mention “well agreed” followed by the Customer’s signature, and specifying the chosen payment method with full references, and upon receipt and collection of the requested payment, we will process the order as soon as possible. Non-payment by the Customer will result in automatic termination of the contract. The service price will depend on the number of pages to be created, as well as the planned updates to the number and quality or complexity of the image files (regardless of format) that the Customer requests. Damian Popiol Web & Graphic Design offers manual referencing in search engines, portals, and specialized directories at an additional cost but does not guarantee listing results. Damian Popiol Web & Graphic Design is only bound by an obligation of means. Accepted and settled contracts cannot be refunded.

4.4. Creating Websites: The website creation service includes creating a general website structure, a graphic charter, definition of titles, navigation, fonts, construction of the website, integration of interactive elements such as online forms, hypertext links, and statistical tools if necessary, publication via FTP. After studying the content with the Customer and agreeing on a graphic charter, we will produce and propose a visible online template to the Customer for validation before final publication. The Customer is obliged to provide the texts and photos to be inserted in the various sections of the site. Damian Popiol Web & Graphic Design also offers photo production at an additional cost.

Article 5 – Updating, Maintenance of the Site, Insertion of New Pages:

5.1. The updating of the website involves modifying the website according to an operating rule defined between Damian Popiol Web & Graphic Design and the Customer at the time of signing the contract. Follow-up is ensured within the limits set out in the update contract signed between Damian Popiol Web & Graphic Design and the Customer. Fees will be applied according to the rule defined between Damian Popiol Web & Graphic Design and the Customer.

5.2. Limitation: The upgrade package does not include changing the GUI, creating a logo, adding a domain name, or adding new features. Additional or higher upgrades than provided in the contract will be billed according to current rates. We guarantee customized follow-up and remain attentive to each client.

5.3. Site Manager Access, Update and Modification: The Customer may be granted access to a site manager (according to the update contract concluded between Damian Popiol Web & Graphic Design and the Customer) to update its site. Damian Popiol Web & Graphic Design undertakes to facilitate this update under the best possible technical conditions. The Customer is responsible for ensuring that any changes or technical developments made by means other than Damian Popiol Web & Graphic Design services are possible and compatible with the technical characteristics of the services. Any modification by the Customer does not transfer ownership of the computer codes and services produced by Damian Popiol Web & Graphic Design. The codes and passwords required for manager access will be sent by Damian Popiol Web & Graphic Design to the Customer at the time of publication.

Article 6 – Intellectual Property:

6.1. Any item supplied by the Customer remains the property of the Customer.

6.2. Any item modified by Damian Popiol Web & Graphic Design and provided by the Customer remains the property of the Customer concerning the starting item and the property of Damian Popiol Web & Graphic Design concerning modifications if they involve programming.

6.3. Any computer programming and/or creation shall be made available to the Customer based on a right of use. The Customer is prohibited from copying or authorizing the copying of programming, design creation, or image montages created by Damian Popiol Web & Graphic Design. The provision of programming and/or IT creation by Damian Popiol Web & Graphic Design to the Customer does not result in the transfer of intellectual or proprietary rights.

6.4. The mention “Copyright Damian Popiol Web & Graphic Design” with a link to the website “https://damianpopiol.com” is optional and may be included on every page of the website, unless the website is completely redesigned by another company.

6.5. For dynamic website development (php, asp, etc.), the sources remain the property of Damian Popiol Web & Graphic Design. Under no circumstances can the Customer claim to recover the sources.

6.6. Ownership of the computer codes belongs to Damian Popiol Web & Graphic Design, which grants the buyer a right of use. Any use of the source code by a third party may lead to a claim for compensation from Damian Popiol Web & Graphic Design, determined by a court depending on the extent of such use. This clause includes source files, database configuration and settings, and any other files related to the application.

Article 7 – Customer’s Responsibility:

7.1. The Customer agrees to provide accurate and truthful information, notify us of any changes, and be solely responsible for any failures resulting from erroneous information. The Customer must maintain a valid email and postal address.

7.2. The Customer’s website will be hosted on their behalf by the service provider chosen by us or them. The Customer acknowledges the following:

  • The hosting contract is for full availability, 24/7/365, for one year. This contract provides sufficient network capacity for normal traffic flow.
  • The Customer acknowledges the possible saturation of the network at certain times and accepts the consequences on the services, with the hosting provider’s obligation being one