Terms of Service

Visnovo Srl

Last update: 07 Mar 2024
Table of Contents

Introduction

Welcome to Visnovo’s Terms of Service. We are pleased to provide our web and digital design services with the aim of effectively and efficiently meeting the needs of our clients. These Terms of Service outline the conditions under which we offer our services and govern the relationship between Visnovo and our clients.

 

Implicit Acceptance of Terms of Service

It is hereby communicated that in the absence of an express objection from the client regarding the Terms of Service imposed by Visnovo, the latter shall be deemed implicitly accepted by the client. Failure to object to the Terms of Service thus implies the client’s implicit acceptance of them.

For any questions or clarifications, please do not hesitate to contact us at the email address [email protected].

 

Services Offered

Visnovo offers a wide range of digital services to meet our clients’ needs. Our services include:

  1. Web Design: Customized and responsive website design and development aimed at reflecting the client’s identity and goals.
  2. Web development: Implementation of advanced web solutions and customized functionalities to enhance user experience and site functionality.
  3. User Experience (UX) Design: Optimization of website interface and navigation to maximize usability and user experience.
  4. Technical SEO Optimization: Technical optimization of websites to improve search engine rankings and increase online visibility.
  5. SEO Copywriting: Creation of search engine optimized content to improve website ranking and attractiveness.
  6. Image Editing: Editing and optimization of images to ensure the quality and visual appeal of the website.
  7. Social Media Management: Creation and publication of engaging content on social media to increase online presence and engagement with the target audience.
  8. Content Creation for Social Media: Development of original and captivating content for social platforms, tailored to the client’s needs and goals.
  9. Hosting: Provision of reliable and secure hosting services to ensure continuous website availability.
  10. Domain, Website, and Email Transfers: Assistance in transferring domain, website, and email from and to other providers.
  11. Email Setup: Setting up and configuring custom email accounts for the client.
  12. Website Maintenance: Regular website updates to ensure security, stability, and optimal performance. Daily and weekly creation of backup copies of the website in case of incidents.
  13. Analytics Setup and Monitoring: Implementation and monitoring of analytics tools to track website traffic and effectiveness.
  14. Logo and Branding Creation: Development of unique and recognizable visual identities for the client’s brand, including logos, colors, and graphic styles.
  15. Counseling: Provision of personalized consultations to guide clients in strategic and technical choices related to their online presence.
 

Client Responsibilities

In order for us to provide efficient and quality service, we ask our clients to adhere to certain responsibilities during the website design and development process. Client responsibilities include:

 

Providing Necessary Materials:

The client is required to provide all necessary materials to complete the project, including logos, images, texts, and other content relevant to the website. Materials must be provided in digital format and comply with any guidelines specified by the agency.

For guidelines on visual assets, please refer to the guide available at this address: 

https://support.visnovo.eu/help/en-gb/8/16

Approvals, Feedback, Collaboration, and Communication during the Project:

The client is responsible for approving various elements of the project, including designs, layouts, contents, and functionalities, within agreed timelines. Approving material upon our request is crucial to meet delivery deadlines.

The client is required to provide timely and clear feedback during all stages of the project, including any changes to texts and images after project closure, to the email address [email protected].

The client is encouraged to actively participate in the design and development process by providing input, suggestions, and additional resources as necessary. Active collaboration helps ensure that the final result fully meets the client’s needs and expectations.

 

Adhering to Deadlines:

The client is required to adhere to the deadlines set for the provision of materials (i.e., six weeks from project commencement) and, if requested, to provide feedback and approvals.

 

Compliance with Contractual Conditions:

The client is required to comply with all conditions and provisions set forth in the service contract, including payment terms, cancellation policies, and confidentiality clauses.

 

Payment Terms

The payment terms for services offered by Visnovo are as follows:

 

Websites, Branding, SEO Copywriting, User Experience (UX) Design

A 50% upfront deposit is required at the start of the project. The remaining 50% is due within 15 days from the date of delivery of the completed work.

 

Hosting, Domain, Maintenance, Social Media Management

Payment is required monthly or annually and must be made at the beginning of the service.

 

Consultations, Transfers, Plugin Configurations:

An hourly rate is charged.

  • With maintenance service: €40/hour.
  • Without maintenance service: €80/hour.
 

Accepted Payment Methods:

We accept the following payment methods: bank transfer.

 

Late Payment Fees:

In case of delayed payment beyond the due date, a penalty may be charged. The exact penalty will be specified in the service contract and will be applicable based on the severity of the delay and contractual provisions.

Please note that all payments must be made in Euros (EUR) unless otherwise agreed.

 

Intellectual Property

During the design and development process of the project, Visnovo retains ownership of all intellectual property rights, including but not limited to designs, code, and created content. This includes, but is not limited to:

  1. Website Design and Layout: All graphic designs, layouts, and visual elements created by Visnovo remain the property of the agency until full payment is received from the client.
  2. Source Code: Any source code developed by Visnovo for the website is considered the agency’s property until full payment is received from the client.
  3. Content: Content created or provided by Visnovo, such as texts, images, videos, and other media, are subject to the agency’s intellectual property until full payment is received from the client.

The client obtains a non-exclusive license for the use of the materials once full payment is received. The license allows the client to use the materials created by Visnovo exclusively for the specific project for which they were created.

In case of incomplete or delayed payment, Visnovo reserves the right to suspend access to the materials and take legal action to protect its intellectual property rights.

 

Project Timelines

Visnovo is committed to completing each project in a timely and professional manner, adhering to the following timelines and milestones:

  1. Initial planning: At the beginning of the project, a detailed work plan will be agreed upon, including project phases, milestones, and expected delivery dates for each phase.
  2. Feedback and Approvals: The client is required to provide timely feedback and approvals at each stage of the project, according to the agreed timelines. Delays in feedback or approvals may impact the overall project timelines.
  3. Regular Updates: Throughout the process, Visnovo will provide regular updates on the project status and any variations in the expected timelines.
  4. Revisions and Adjustments: The client is entitled to a defined number of revisions or adjustments during the development process, as agreed upon in the service contract. Additional revisions may affect project timelines and may be subject to additional costs.
  5.  

Flexibility:

We understand that unforeseen circumstances may arise that affect project timelines, such as changes in client specifications or unforeseen technical issues. In these cases, we will be flexible and work with the client to find suitable solutions.

 

Delay Factors:

Factors beyond Visnovo’s control, such as delays in the provision of materials by the client, changes in project requirements, or unforeseen technical issues, may affect project timelines. In such cases, Visnovo will work with the client to find alternative solutions and minimize delays.

 

Adherence to Deadlines:

Visnovo is committed to meeting the deadlines set in the work plan, provided that the client promptly provides the necessary materials and feedback for project completion.

 

Revisions and Change Requests

Visnovo understands the importance of ensuring that the project fully meets the client’s needs and expectations. To facilitate this process efficiently and transparently, we have defined the following guidelines for revisions and change requests:

 

Number of Included Revisions:

Each project includes a defined number of revisions, as specified in the service contract. This number of revisions varies depending on the project’s complexity and client’s needs. Once the included revisions are exhausted, any additional revisions may be subject to additional costs.

 

Revision Process:

The client is encouraged to provide clear and detailed feedback on each revision to the email address [email protected], indicating the specific and understandable changes required. Visnovo is committed to carefully reviewing the client’s feedback and making the requested changes within the agreed timelines.

 

Significant Change Requests:

Change requests that go beyond the original scope of the project may be considered significant changes and may be subject to additional costs. Before making substantial changes, Visnovo will inform the client of the additional costs and time required to complete the change requests.

Before proceeding with the requested changes, Visnovo will request formal approval from the client. This ensures that the client is fully aware of the implications of the proposed changes, including additional costs, and allows for transparency and clarity in the process.

 

Refunds and Cancellations

Visnovo understands that unforeseen circumstances may arise that require the cancellation of a project or a refund request from the client. Our policy regarding refunds and cancellations is as follows:

 

Refunds

Refunds are available only in exceptional circumstances and at the discretion of Visnovo. Any refund request must be submitted in writing and will be evaluated on a case-by-case basis.

 

Cancellations

In case of project cancellation by the client before completion, the client will be responsible for payment for services rendered up to that point, plus any additional costs incurred by the agency due to the cancellation.

 

Cancellation Fees

Project cancellations may be subject to cancellation fees, which will be applied based on the project stages reached at the time of cancellation and the costs incurred by the agency up to that point.

 

Applicable Law and Dispute Resolution

These Terms of Service are governed and interpreted in accordance with the laws of the Italian State without regard to its principles of conflict of laws. Any dispute arising from these Terms of Service will be resolved through negotiation, mediation, or binding arbitration, as chosen by Visnovo.

 

Limitation of Liability

Visnovo limits its liability for any damages or losses suffered by the client, including but not limited to lost profits, data loss, or business interruption, as follows:

  1. Losses or Damages:
    Visnovo will not be liable for any direct, indirect, incidental, special, or consequential damages resulting from the use or inability to use our services, including damages caused by service interruptions, errors, omissions, computer viruses, or system failures.
  2. Loss of Data or Information:
    Visnovo will not be liable for the loss or corruption of data, information, or content caused by service interruptions, errors, or other use of our services by the client.
  3. Loss of Profits or Business Opportunities:
    Visnovo will not be liable for any loss of profits or business opportunities resulting from the use of our services, including but not limited to losses of clients, contracts, revenues, or corporate reputation.
  4. Maximum Limitation of Liability:
    Visnovo’s maximum liability for any damage or loss, whether based on warranty, contract, strict liability, or otherwise, shall not exceed the amount actually paid by the client for the services subject to the claim.

The client agrees that these limitations of liability reflect the agreed-upon risk allocation between the parties and are a fundamental element of the agreement between Visnovo and the client.

 

Indemnification

The client agrees to indemnify and hold harmless Visnovo, its officers, employees, agents, and suppliers from any liability, loss, damage, expense, or cost, including reasonable legal fees, arising from or in connection with the use of products or services provided by Visnovo. This includes, but is not limited to:

  1. Violation of Terms of Service:
    The client agrees to indemnify Visnovo from any claim or loss arising from the breach of the Terms of Service established between the parties.
  2. Violation of Intellectual Property:
    The client agrees to indemnify Visnovo from any liability arising from the infringement of third-party intellectual property rights, including but not limited to copyrights, trademarks, or patents, related to the use of products or services provided by Visnovo.
  3. Third-Party Claims:
    The client agrees to indemnify Visnovo from any claim, legal action, or demand for compensation filed by third parties in connection with the use of products or services provided by Visnovo.

The client’s indemnification shall apply regardless of the cause of claims, damages, or liabilities, including but not limited to negligence, breach of contract, strict liability, or otherwise. Visnovo reserves the right to participate in the defense of any claim for which the client’s indemnification is required, at its own expense, and to have exclusive control over any resolution or settlement. The client agrees to fully cooperate with Visnovo in such defenses.

 

Privacy Policy

We refer to our privacy policy for detailed information on the collection, use, and protection of customer data. Our privacy policy is available on our website or upon request.

 

Updates to the Terms

We reserve the right to update or modify these Terms of Service at any time, with prior communication to customers. It is the customer’s responsibility to regularly check for any updates or changes.

 

Contact Information

For further questions, assistance, or support, customers can contact Visnovo via email at [email protected] or use the contact details provided on our website.

For any matters related to the Terms of Service or the use of our services, we are here to assist and provide the utmost transparency and clarity possible.