This is the privacy statement of Creativegia Studio Internet Services Ltd and it relates to our privacy practices in connection with our website. We are not responsible for the content or privacy practices of other websites. Any external links to other websites are clearly identifiable as such.

General statement

Creativegia Studio Internet Services Ltd respects the rights of users of our website and is committed to protecting your privacy in accordance with the Data Protection Acts of 1988 and 2003 (the “Data Protection Acts”) at all times. We will not collect any personal information (also referred to as personal data) about you on our website without your permission or otherwise in accordance with the Data Protection Acts.

(Please see below for a Glossary of technical terms used in this document).

Collection and use of personal data

Except in relation to certain specific features of our website, you do not have to provide us with any personal information (or personal data) to use our website. However, where you elect to give us your personal data through our website via online feedback forms or web email then we will treat your personal information in accordance with this paragraph.

Web browsing

By simply visiting our website you do not disclose, nor do we collect, personal data on you. All that we may know about your visit may be limited to technical data such as:

• The logical address (or IP address) of the server you used to access this website
• The top level domain name from which you access the internet (for example .ie, .com, .org, .net)
• The previous website address from which you reached us
• The type of web-browser you used
• Web traffic data.

The technical data may be used for administrative and statistical purposes and may be shared with our internet service provider. We may use this information to help us to improve our website. This technical data does not provide us with the personal data of visitors to our website.

Cookies

We do use cookies. [Note: You can change the settings on your browser to refuse all cookies. However, you should note that disabling cookies may result in some parts of the site not working efficiently or in slower downloads].

Giving us your personal information

Please note that where you provide us with your personal information (e.g. name, e-mail address, work address, phone and facsimile numbers and/or other contact information), through a facility provided on our website or directly to us by e-mail, you consent to us:

• Processing and administering your personal data to perform all necessary actions to give effect to your request or instruction; and
• Retaining a record of incoming and outgoing communications (e.g. email).

Information in the email we receive and send will not be disclosed to any third party without the permission of the sender unless otherwise in accordance with the Data Protection Acts.

Please note that by using Creativegia Studio Internet Services Ltd website you are giving us your consent to process your personal data as outlined in this Privacy Statement. Your consent is also provided to any successor or assignee of Data Ireland and/or any of its businesses. We inform all persons who submit their personal data to us of these conditions by this Privacy Statement.

Security of data

Creativegia Studio Internet Services Ltd takes seriously its security obligations in respect of your personal data under the Data Protection Acts to prevent unauthorised access to, or alteration or destruction of personal data in our possession.

Right of Access

You have a right to be given a copy of any of your personal data held by us, in accordance with section 4 of the Data Protection Acts subject to certain exceptions. To request a copy of your personal data please write to Creativegia Studio Internet Services Ltd, 40 Farney Street, Carrickmacross, Co. Monaghan together with the prescribed fee of €6.35.

Please note the following important requirements:

• We ask that you use our Access Request Form to make an access request.
• However, use of our preferred format is not mandatory.
• We shall not process an access request unless the prescribed fee of €6.35 is received by cheque or postal money order made payable to Creativegia Studio Internet Services Ltd; and
• We do not accept access requests via telephone, email or text message.

Right of rectification or erasure

If we hold incorrect information about you which was originally submitted by you through this website, you have the right to have the data amended. Further, you have the right to have any information you have sent to us via this website erased. To request your right to rectification and/or erasure please send your request to us in writing to: Creativegia Studio Internet Services Ltd, 40 Farney Street, Carrickmacross, Co. Monaghan together with:

• Your name and address.
• A description of the specific personal data you wish rectified.
• If you request an erasure of your personal data all your data will be erased subject to the following important notice.

We are not required to rectify or erase your data where to do so would prevent you from meeting your contractual obligations to us or where we are required to process (including retaining) your personal data for a lawful purpose in accordance with the Data Protection Acts.

Glossary of technical terms used

Cookies: Small pieces of information, stored in simple text files, placed on your computer by a web site. Cookies can be read by the website on your subsequent visits so that you can access information in a faster and more efficient way. The information stored in a cookie may relate to your browsing habits on the web page, or a unique identification number so that the web site can "remember" you on your return visit. Generally speaking, cookies do not contain personal information from which you can be identified, unless you have separately furnished such information to the website.

IP address: The identifying details for your computer (or your internet company's computer), expressed in "internet protocol" code (for example 192.168.72.34). Every computer connected to the web has a unique IP address, although the address may not be the same every time a connection is made.

Personal data: means information about you which can identify you and which is within the possession of Creativegia Studio Internet Services Ltd (e.g. your name and address).

Web browser: The piece of software you use to read web pages. Examples are Microsoft Internet Explorer, Netscape Navigator, Firefox and Opera.



Content Migration Service

Agreements and legal limits for client

Considering the fact that when creating this account on the Creativegia Studio platform you totally agreed with the Terms and Conditions of Use by checking the corresponding box. By your agreement and acceptance of the terms and conditions imposed by us, you agree and have taken note of all points explained in this document and you agree to abide by all terms and conditions imposed by us.

Right to be informed:

• You must be aware that if you do not agree with the terms and conditions imposed by us you have the right at any time to delete your account and all data from our server.
• Thus, by deleting the account, you waive any rights that the platform offers.
• If you delete your personal account from the Creativegia Studio platform, you quit any financial rights without a refund right.
• If you delete your personal account from the Creativegia Studio platform, you quit any ownership rights over the products created or purchased through Creativegia Studio.
• Banning or deleting the account from Creativegia Studio by staff for various reasons will automatically take over all mentions in the "Right to be informed" and "Terms and Conditions" categories.
• If client delete any copyright from the website/app/digital product the licente key from that produc will be terminated in 30 days,if the client dont add back.

Given the fact that you have taken note of these things expressed in the Terms and Conditions and you agree and have taken note of all the clauses set out in the Terms and Conditions, while using this account or after deleting the account from the Creativegia Studio platform your legal rights compared to products created through Creativegia Studio are limited. Therefore, you have the right to use it only and you do not have the right to alienate it or sell it to any other third party without the written consent of Creativegia Studio.

By accepting the Terms and Conditions imposed by Creativegia Studio you agree and acknowledge that:

• If your account is active on the platform and during this period you are legally threatened or took legal action against the staff or the company Creativegia Studio, you agree to pay us lawyers, the costs of the legal process and an amount of 100 million Euros per year for 10 years for defaming the company.
• If your account is deactivated / deleted on the platform and during this period you are legally threatened or took legal action against the staff or the company Creativegia Studio, you agree to pay us lawyers, the costs of the legal process and an amount of 200 million Euros per year for 10 years for defaming the company.
• If the products produced or purchased through Creativegia Studio are alienated without the written consent of Creativegia Studio you are obliged (even if the account is active, deactivated or deleted from the Creativegia Studio platform) to pay us 10 million euros per year for 10 years for non-compliance and the conditions imposed by the use of our products.
• If the products produced or purchased through Creativegia Studio are sold without the written consent of Creativegia Studio you are obliged (even if the account is active, deactivated or deleted from the Creativegia Studio platform) to pay us 25 million euros per year for 10 years for non-compliance and the conditions imposed by the use of our products.
• If the products produced or purchased through Creativegia Studio are modified in code without the written consent of Creativegia Studio you are obliged (even if the account is active, deactivated or deleted from the Creativegia Studio platform) to pay us 50 million euros per year for 10 years for non-compliance with the terms and conditions imposed by the use of our products.
• If the products produced or purchased through Creativegia Studio are modified in code by another company without the written consent of Creativegia Studio you are obliged (even if the account is active, deactivated or deleted from the Creativegia Studio platform) to pay us 50 million euros per year for 10 years for non-compliance with the terms and conditions imposed by the use of our products.
  And the company that took over the project must pay us 50 million Euros per year for 10 years for changing the code without a written agreement from Creativegia Studio.

Project Terms:

• All estimates/quotes are based on our understanding of your requirements and as per given time-frame. Any changes to the functionality including micro-improvements, may incur additional costs accordingly. Please ensure and clarify our understanding in a face to face meeting.

• By accepting a quote, you agree to and accept the terms and conditions of Creativegia Worldwide Pty Ltd. Acceptance can be verbal, by email, payment of Initiation, signing a quote.

• Clients to ensure that we have included all requirements in the quotes/proposals/estimates and that we fully understand their requirements. Clients must provide us with clear guidelines along with the flow or specific details they may require. When such details are not provided, we will proceed with our understanding of the requirements and quote accordingly. At a later stage, if a discrepancy arises, it may lead to additional costs to accommodate the changes. Thus, it is essential that you clarify every aspect of your website development and ensure that you have been quoted on the right requirements.

• Any complexity related to specific tasks, must be advised in advance and included in the proposal for costing purposes. We operate in good faith and rely on our clients to disclose the full picture at the time of quotation. Any discrepancy arising due to unclear requirements will not be borne by Creativegia Worldwide.

• There are limited man-hours allocated to each task including Project Management and Digital Strategist/Business Analyst. Minor changes may be included within the allocated hours. This will be analysed on a case-by-case basis.

•Creativegia Worldwide will make every effort to complete the project/changes in the given timeframe. Reasonable delays are accepted if functionalities are redefined or modified.

• Any delays at client’s end, may delay the project and proposed timeframes and may incur additional costs.

• Any bugs (programming errors) reported during or just after the development does not attract additional charges.

• Any re-work on an already completed task will attract additional charges. Any changes in the design after the design approval will incur additional charges.

• Any modifications requested during the development or after the Go-Live approval will incur additional charges. All additional work, over and above the estimates is charged separately. Under no circumstances will Creativegia Worldwide be liable for any delays caused by change in the project brief.

• Website/application content and all related materials need to be provided to us within the first two weeks of starting the project. Any delays thereafter may delay the project and may incur additional charges if it goes beyond reasonable timeframe.

• Our websites/applications are generally tested on PCs and include near recent versions of following browsers: IE, Firefox, Chrome & Safari. If you require testing to be done on any other browser, please let us know in advance.

• Responsive/multi-device compatible web pages are tested on iPhone and iPads. If you require testing to be done on any other device, please discuss it in advance.

• If your website/application is not hosted on a Creativegia server/s, any additional man-hours that may be required due to any server or network related issues are not covered in our quotes and may be charged separately.

• Please note that at any stage during the project, stalling of the project for over two calendar months will incur 100€/week administration costs. Furthermore, it may increase the previously approved estimates. If you require the project to be put on hold, please advise us in writing in advance. To put the project on hold without incurring additional charges, we will need the account to be up to date based on the work done. Further details can be discussed if such a situation arises.For the project to change the status "on hold" all the invoice for that project must be paid in full.

•Creativegia Worldwide software codes (not including open source software) are copyrights of Creativegia Worldwide. The codes can be handed over at an additional cost for use once all previous invoices are settled, on the condition that the codes are used only for use or modification for re-use for further development for the specified client or subsequent owners of that legal entity. Under no circumstance, the codes will be allowed to be used for re-selling or duplication purposes.

•Creativegia CMS is a proprietary CMS of Creativegia Worldwide.Creativegia owns copyrights of all codes written for any client, unless arrangements are made prior to start of the project.Creativegia warrants a license to use any custom built software for the client, for their use only. This license is granted while paying for the hosting. Creativegia CMS cannot be transferred to any external host; this includes any access to the software codes.

• The website or software application will be designed to be deployed on the web, via using a commercial grade web-server or a similar setup. Based on your website traffic, the website may not perform if deployed on a generic office network environment.

• Depending upon the functionalities required, there may be 3rd party components such as Third Party Payment Gateways or SSL certificates involved in building a website/application. Although Creativegia Worldwide does its best in recognising the suitability of any such component, any unforeseen limitations of 3rd party components are beyond our control. Any third-party component purchase costs (such as SSL, Payment gateway, Google Adwords, Plug-in licenses etc) are not included in our quotes.

•Creativegia Worldwide takes no responsibility of any open source products such as WordPress, Open Source carts, Joomla etc. It is clients responsibility to update all components and third party softwares. We suggest you to take regular back-ups to avoid any disruptions.

•Creativegia offer packages in co-ordination with third party providers. Changes to the third party provider’s rules and policies may ultimately effect the services we provide or the terms and conditions herein.

• The client must recognize that at times there may be unforeseen circumstances that will delay the development process, particularly with reference to the integration of third party software. We will try our best to complete the project as agreed in the proposal. As long as it is within a reasonable period, the client agrees not to penalize us for any genuine delay, when every effort to keep the project on the proposed schedule is taken.

• Domain registration/renewal etc charges are not included as a part of any project/proposal unless mentioned otherwise. If required, a quote for which will be submitted separately and approved by the client.

• Hosting charges are not included in the quotations unless mentioned otherwise.Creativegia Worldwide can organise an appropriate hosting solution if required, a quote for which will be submitted separately and approved by the client. Where clients decide to organise their own hosting, we should be consulted before finalising the type of hosting and database, as it should meet the requirements of the technology used for the development. Please note that we’ll require full access with hosting support for testing and deploying the application.
Creativegia Worldwide will not be liable for any delays or errors caused by direct or indirect actions of the hosting company.

•Creativegia Worldwide generally builds and tests the websites/applications on our own servers or hosted domains.Creativegia cannot give access to their test servers and test websites to the clients or any third party. The website/application can be transferred-off to a nominated 3rd party server upon full payment of all invoices and dues.

• Nothwithstanding any other provision in the agreement, in consideration of the Customer entering into this agreement with Creativegia, upon full payment of any outstanding invoices,Creativegia will grant an unconditional license to the Customer to reproduce, publish, communicate, use, exploit, vary, or otherwise deal with 1) the graphics, 2) texts and 3) images used in the published website and associated of form and functionality. This will not include the intellectual property relating to the production of the website including the digital strategies, programming codes, database structures, scripts, forms or functionalities.

• All communications/correspondences are generally done via emails. It is client’s responsibility to keep us updated with their relevant email addresses.




Project ending Terms (if there is no active subscription-based maintenance):

• If the customer has purchased products through us, these products will only be delivered as a finished product and not as archived products or developer products.
• We will only update files based on paid maintenance only.
• If there are licenses between Cretivegia and the client, they will be renewed only for a fee, but the support of that product will not be provided, unless there is another agreement between the two parties.
• If the client collaborates on the same project with other third parties in the first place it will violate our intellectual and artistic rights expressed in the section above "Right to be informed" and the client and the third party are obliged to offer us compensation according to the requirements expressed above.
• If the client collaborates on the same project with other third parties, we are not and cannot be obliged to release licenses or files to that project. those licenses or physical products, the customer will only use the finished product offered by us according to the project.Therefore, the customer loses any legal rights over the purchased product, the customer allowing Creativegia to receive all legal rights over the product and it is recognized by paying invoices that it agrees to waive any rights relating to that product, so the customer waives the license and / or to the files of that product. It is fully usable only on the finished product.
• If the client completely refuses and imposes these things, or wants to legally force us to release the license or the files, we have the right to forcefully close the client's account.
• If the customer wants the license or the files of that product purchased through Creativegia, he is free to buy it himself in Premium or Extended License format.

Digital Marketing/Strategy Terms


Digital Marketing Package or Digital Strategy Package Terms:
All digital marketing/strategy packages are for a minimum of 6 months period. Thereafter, cancel anytime with clear one month email notice.

They are billed monthly and are payable by the 1st of every month.

All the sales are final,if you decide to cancel u agreat u lose the refund obtion.

Packages are designed with keeping in mind Digital Marketing/Strategy requirements of our clients. There are specific man-hours allocated each month and any unused man-hours are not rolled over to the next month. No third party softwares or marketing expenses are included.

Creativegia employs fair use policy, which means that although we don’t formally transfer over any unused time to the next month or formally accumulate unused man-hours, we do understand that your needs may change from month to month, and we allow flexibility in good faith sometimes.

Any extra hours used may be billed separately. Any urgent tasks will be charged separately.

Support requests need to be sent via email to support@creativegia.ro or by platforme https://client.creativegia.ro

Payment terms:
Payable by the 1st of every month. We strongly recommend our clients to have a direct debit set-up for the same.

An administrative fee of 50€ will be charged to the clients account for any late payments or declined credit card charges.

There are absolutely no refunds for any fees related to the digital marketing/strategy package.

Termination:
All digital marketing/strategy packages are for a minimum of 6 months period. Thereafter, cancel anytime with clear one month email notice.

Creativegia reserves the right to terminate at anytime with written notice to the Client.









Client access agreement on the server


Any project originally designed will be developed on our own servers. After the completion of payments and other obligations towards the project in question.
The project it will have to be moved to the client's server.
If the client gives us access to cpanel / FTP /other servers type, the client agrees with the fact that he/she gives us full access to all the information in that account.
Creativegia Worldwide takes no responsibility for hacking or unauthorized access on the servar if the client give us full acces to the servar/ftp/cpanel.
The client is directly responsible for changing or securing passwords or access to his account cpanel/ftp/server type.
Creativegia cannot be held responsible and assumes no blame if during the development of the project access to the account is broken or damaged by another third party (hackers, scripts, viruses, malware, etc ...)
The client is directly responsible in the event of a cyber attack of any kind while the Creativegia has access to the account provided by the client(in any or all the time frame that Creativegia has access to the client virtual space/account), we must mention that the client agrees with our access to his virtual space and absorbs us from any fault as long as he or she offered voluntary access to us.
The client is direcly responsible if the server is hack or the client lose date from the server(email,file,database etc..).
The client he/she can not blame Creativegia for losing his date (files,database,emails) from his server/hosting/ftp/any server type, as long as Creativegia it has or does not have access to his credentials(server/ftp/any type of server),we remind the client that he has provided us voluntary with the login data and agrees with our access to the personal virtual space/ftp/hosting/server any type.
Client is solely responsible for the content stored on and served by the hosting service purchased and the activity of any scripts or email services created under the hosting service.
The Customer must maintain the security of all account passwords and applications or scripts and ensure all scripts under the hosting service are free from malicious content that may harm any part of the Server, other client accounts hosted, or the external systems of visitors viewing the hosted content.



Licenses and Files


All products offered to the customer through CreativeGia Studio are the entire property of Creativegia Studio.
All licenses provided by or through Creativegia Studio servers are the property of Creativegia Studio.
Any file purchased by the customer through Creativegia Studio becomes the property of Creativegia Studio, and the customer has the right to use only the finished product offered by Creativegia Studio, under terms imposed by Creativegia Studio.
If the customer buys a product through Creativegia Studio from a third party, he loses any right directly to the license or files offered by the third party.
Therefore the customer will be obliged to use only the finished product offered by Creativegia Studio and will be obliged to comply with the terms imposed by Cretivegia Studio.
Creativegia Studio cannot be held liable if it refuses to distribute for free to the client the license or the files offered by the third party.
Creativegia Studio cannot be legally obliged by the client to offer licenses or files offered by the third party.
Creativegia Studio reserves the right to conclude any contract with the client and to ban any client who abuses or forces Creativegia Studio to release its own property.
The customer has the right to request a paid license from Creativegia Studio to receive updates to the finished product if these updates exist.
If the finished product is delivered to the client's server and Creativegia Studio has no control over that server or only temporary control provided by the client, then Creativegia Studio reserves the right to encrypt certain sensitive files that may be used to maintain the license file, or even certain parts of the code created by Creativegia Studio and Creativegia Studio are privately owned.
In some cases, in order to provide quality support, we insert in the code where the license is located or in other parts of the finished product an API with limited access that can create a username at the customer's request to shorten the support time to the customer in question.
This username has the role of providing access to the admin system, so the client does not have to create such a user. The purpose of this user is strictly supportive, Creativegia Studio cannot be held responsible for any malfunction, intellectual theft / database / files or copying and redistribution as long as that user is offered only technical support and nothing more. The user created with this API does not present a danger of security.

If the customer wants to remove this user or even the API code he can ask us through the support system in the application, removing this user / API from the finished product is required by Creativegia Studio and is mandatory if the customer requests the removal of this functions.

We mention that the API or the user is used only in cases where the client requests help through the support system, and the access is made temporarily only during the fixing of the problem requested by the client.
CreativeGia Studio reserves the right to close / delete any license on the Creativegia Studio server if the customer abuses or forces in any way Creativegia Studio to offer free updates and Creativegia Studio refuses this. Closing or deleting a license from the Creativegia Studio server may result in the deactivation, deletion or even destruction of all or part of the finished product on the client's server. These are protective measures imposed by Creativegia Studio to protect the intellectual property created by the Creativegia Studio team for the client.
If the client decides that it is necessary to redesign or remake part of the product with another company, the client and the contracted company must request the written agreement from Creativegia Studio. If the client or contracted company does not request the written agreement and will use, edit or update the finished product, these two third parties will have to pay compensation according to "Agreements and legal limits for client" to Creativegia Studio.
The customer does not have the right to use / install products created or purchased through Creativegia Studio from 3rd party in other personal or foreign projects without the written consent of Creativegia Studio.
As well as other companies cannot use / install products created or purchased through Creativegia Studio from 3 third parties in personal or foreign projects even if they are offered by their client, as long as he bought the product created by Creativegia Studio or bought through Creativegia Studio of the 3rd third party.
If the above are not met, the customer and the company contracted, will have to pay compensation according to "Agreements and legal limits for client" to Creativegia Studio.
Therefore, the customer cannot hold Creativegia Studio liable if the product has been damaged due to the license or cannot force Creativegia Studio to repair the problems arising from the license free of charge.




Product and services from CRM


The services offered in the fast products / services section are present and can be applied to a single active task.





Quantities and units


All quantities that will appear in the invoices will be rounded and will be collected as a whole unit.Therefore, if the fee is per minute, the invoice will be created in a full minute.
If you have to pay a unit of weight and still have less this will be the bill as a whole quantity unit even if you actually have less.

Exemple: If you have to pay 1.5Gb in reality, but the package is per 1Gb, the bill will be 2Gb at the end.





Product updates


Each product delivered by Creativegia Studio does not come bundled with a maintenance system or regular updates. These are paid separately. Maintenance systems, if present, may or may not have an update system included.



Annual Maintenance Terms

Basic Annual Maintenance Package Terms:
All maintenance packages are for a minimum of 12 months period.

Maintenance packages are billed annually, however are paid monthly via direct debit on the 1st of every month.

Packages may include 12 months basic website hosting, email hosting and DNS hosting.

Packages are designed to serve website maintenance tasks only. The hours may not be used for projects such as full redesign or major functionality add-ons.

Does-not include any Digital Strategy, Business Analysis, Solution Architect, SEO and Digital Marketing work.

Work-hours are tracked in 15minutes blocks. The support time is used once every month to take a full backup of your website. After that, we work on updating your CMS and plugin versions along-with any website fixes that may arise as a result of the updates. Any remaining hours can be used to make changes to the website. Any additional workhours are requested for your approval.
If you host the files in our servers, certain services will be 100% free or even offered at a 50% discount. If the files are not hosted by us, the services or products will be displayed at their current and full price.

Creativegia employs fair use policy, which means that although we don’t formally transfer over any unused time to the next month or formally accumulate unused man-hours, we do understand that your needs may change from month to month, and we allow flexibility in good faith sometimes.

Any extra hours used will be billed separately @ 50€/hour incl Taxes

Support requests need to be sent via https://client.creativegia.ro

Any urgent tasks will be charged separately.

The package is auto renewed every year/month on its anniversary date.

Payment terms:
Monthly maintenance package fees require credit card payment only. No other forms of payment will be accepted for monthly maintenance.

Monthly maintenance package fees will be charged to the clients credit card on file on the 1st day of every month.

An administrative fee of 25€ will be charged to the clients account for any late payments or declined credit card charges.

More than three missed payments in a year may attract termination of the package and the client will need to pay immediately the entire remaining amount on the package.

There are absolutely no refunds for any fees related to the monthly maintenance package.

Termination:
In case Client need to cancel the auto annual renewal, please inform us in writing (email/Platforme support) at least one month prior to the renewal date.

Ongoing term: For any reason if the Client decides to terminate an on-going maintenance package then they will need to pay the balance amount of the remaining months.

Creativegia reserves the right to terminate annual maintenance at anytime with written notice to the Client.





General approach

For general website design & development projects we employ the following steps:

• Upon quote acceptance/signoff, initiation payment is processed to start the project. As required by the project, we may hold a Scoping Workshop to discuss the requirements in detail.

• Once we have the brand details such as logo, images, branding materials etc, we will have a mock-up for your review within 5 to 15 working days.

• You can review the design and suggest improvements accordingly. Depending upon your project, generally up to 3 to 5 design modifications that can be done within the given estimates. Please refer to your allocated design and development hours for details.

• Once design is finalised & approved, we’ll proceed with the HTML development. At this stage we generally need around 3 to 5 banner text and/or images for rotation.

• Once, HTML is done, if CMS is included in your project, we will proceed to setup your website on your selected Content Management System (CMS). Please provide all content and copy prior to the development phase.

• Depending upon the time and resources allocated to your project, we’ll transfer as much content as possible from the old website to the new website. Remaining content can be transferred via the CMS by your designated staff. We can provide the instructions needed to help you do this.

• Once the site is ready from our end, we generally hand it over to you for further review, test and/or to upload/change contents as necessary.

• At this stage you need to give us a Go-Live date for us to make the new website/project live.

• Your website can be made live within 3 to 5 working days of a Go Live approval, assuming that the accounts are clear. Kindly note that we require full payment prior to transferring the website on any external servers.

• Kindly note, there are limited man-hours allocated on the project. The estimates for all website under 5000€ are based on an assumption that projects will to be completed over eight to twelve working weeks depending upon the size of your project. Any further delays may increase the project management costs. If you do not believe the project to be completed within this time frame, please do let us know prior to starting the project.

• Also, generally speaking, going-back and forth takes a lot of time. We encourage you to provide all necessary details, at the start of the project to ensure that the project team’s time is efficiently utilised on your project and you do not incur any unnecessary additional costs.

• You will be kept updated via emails and/or telephone calls as the project demands. However, please do not hesitate to contact us any time you require a project status. Also, please always keep us updated with your relevant email addresses/contact details.

• Once the website/application has been made live on the client’s domain, it is their responsibility to take regular full back-ups and to update all components and third party softwares.

We consider ourselves to be very flexible and adaptable and approach all requests with a ‘can do’ attitude. If you require something changed, please feel free to discuss with us. Please contact us if you require further details or have any questions. We look forward to working together with you on your project!





Payment / Refund terms

• All prices are quoted in European Euro curency are inclusive of taxes unless specified.

• All invoices are to be processed as per the schedule via your preferred method of payment.

• There is a surcharge charged for payments made via Xero Accounting Software. This is charged by Stripe for the credit card payments.

• Milestone payments must be made within 5 working days of each milestone/schedule, unless mutually agreed otherwise. Final payment must be made prior to website/application/project going live.

• Receipt of payment is deemed as acceptance of the quote, milestone, delivery, project and terms & conditions.

• Creativegia Worldwide reserves the right to negotiate and refund appropriate portion of the amount paid by customer towards the requested service. If you cancel your order after making the payment, but the work has not commenced, we will refund 75% of the payment that you have already made. If the order is cancelled after the commencement of work, the maximum refund or charge will be 25%-50% of the invoice. There will be no refund or adjustments if cancellation is called when more than 50% of the work has been completed. All cancellations must be received in writing and can be sent via regular mail, project support tab, email or fax. Telephone requests on cancellations will not be accepted.
For minor or once-off works, payments need to be made either in advance or as per the terms mentioned in the invoice/proposal. If you require any changes to the terms, you must inform us in writing (emails accepted/support tab) within two working days of the receipt of the same.

• Late fees and charges: All outstanding invoices will incur a late payment fee of 10%-25% of the pending amount and an administration fee of 10-15€ per month, from the due date.

Separate invoice Terms:

You may be eligible for a refund within five (1) days of delivery of the product / download link / service if it is not working.
Refund is made only after requesting support from Creativegia.

The refund while be granded as a credite note (no real money are refunded), the amount of the credit is restored to the customer’s account where it can be applied to future purchases. No real money while be refunded after any purches all the sales are final.

For hiring Prepaid service, our system conducts daily checks, if your services are overdue, it will be suspended services,
and may be suspended on the first day of Delay with unlock automatically after payment confirmation. .

Between 10 and 25 Days Delay your service may be canceled, and all data removed from our servers, without the
possibility of recovery, Creativegia may remove your account early if necessary or due to the non-communication of delay by
client.
If this invoice has exceeded the payment term of maximum 30 days from the due day then it will be canceled and the credit charged until the date it will be canceled,the credite will be deleted without the right of refund.We will consider this amount a donation to our company for the improvement of virtual services.
If the client exceeds 75% of the value of the invoice in maximum 30 days from the due day, this credit will be refunded in full (the value paid) in the form of credits on the Creativegia Agency platform. Without any fee imposed by our company.
If the invoices exceed the due date starting with the first email sent after 3 days to remind you that you have such an invoice, some delay fees per day will be imposed, which can be with fixed or percentage values. These fees will be applied until the 30th day. After this day the invoice will be paid in full or canceled together with its contents.

Due date: Is the date on which the payment is due as per the terms on the invoice/proposal

Outstanding Invoice: An invoice is deemed to be outstanding if the payment is still due after 14 days of the expiry of the due date.

Debt Collection: Client is provided a further 7 days after late payment fee is applied to pay the invoice. Failure to pay will result in the outstanding amount referred to a debt collector. Creativegia Worldwide will not be liable for any costs or charges associated with the recovery of the outstanding amount. Any charges associated with the recovery of the outstanding amount (debt collectors, administration charges, legal fees) will be referred to the client for processing.

Merging invoices

If for some reason we are force to merging invoices we are going to automatically canceled the curent ones and merge all the invoice in one invoice whit a valability of 10 days maximum.This actions is made without the client's approval.

Late invoices and penaltys


We want to inform you that the actions presented below are automated therefore all actions will be applied robotically.

A small presentation of the system, if a client does not pay his bills on time, the sistem will automatically and roboticly block all the projects from the platform from the client account, regardless of the contractual status. Therefore, if the client does not pay the invoices, the staff will not have access to the projects / tasks in question until after paying all the outstanding invoices with the status of unpaid or partially paid.

If the client have late invoices more then 5 days or we are force to merge all late fees in one invoice to insure we get pay and if the customer does not pay the new created invoice in about 10 days we are forcing to change all project "on hold" status and stop working on all the project that client have on creativegia platforme ,regardless of the contractual status, until full pay of all the invoices an that account.If the project is Maintenance Mode the maintenance while be cancel until the invoice/`s is/are fully pay.
The hours/days the projects are "on hold" are not refunded and they will be considered part of Maintenance Mode(but whitout working hours),this way we consider it the fault of the client.
If the client refuse to pay and the project is "on hold" for more then 10 days ,then Creativegia reserves itself the right to change the status "on hold" of the project/s into the "Cancel" status  and cancel the project.
After another 10 days after the cancellation if the customer's account has not been paid yet, it will be blocked for non-payment automatic.
This actions is made without the client's approval and it is a process of automatic actions.

• If you are late with a payment or have any queries regarding the Invoice, please contact Accounts Manager immediately on receiving the invoice or reminder emails.

• All communications/correspondences are generally done via support tab/emails. It is client’s responsibility to keep us updated with their relevant email addresses.

• Any payment relating to the domain name registration renewal or hosting or any 3rd party products or service purchased on behalf of the client will have to be paid in full and is non-refundable. In case of all renewal cancellations, we must be notified atleast 30 days before the renewal date.

• Creativegia Worldwide generally builds and tests the websites/applications on our own servers or hosted domains. The website/application will be transferred-off to the nominated 3rd party server upon full payment of all invoices and dues.





Disputes, Liability and Indemnity

In an event of a dispute, Creativegia Worldwide reserves the right to charge the client in full for the work done as well as for the resources spent in managing the dispute. In such an event, Creativegia Worldwide reserves the right to charge the client without honoring any discounts that were previously honored in good faith. Under no circumstances will Creativegia Worldwide be liable for any damages arising from misrepresentation or misinformation.

Creativegia worldwide reserves the right to refuse service to any client, if these are not aligned with our business operating principles and policies.

Creativegia Worldwide provides its services as is, without any guarantees on security or other issues leading to loss of data, sale or reputation. We ensure to the best of our ability that our systems and servers are protected from hackers, viruses, intruders and other online and offline problems, however we will not be held liable for any disruption of services if such situation arises.

Relationship of Creativegia Worldwide with its suppliers, partners and sub-contractors is of an independent nature. None of the parties have any power, right or authority to interfere or bind the other or assume or create any obligation or responsibility, whether expressed or implied, on behalf of the other or in the other’s name.

Client will indemnify and hold Creativegia Worldwide, its licensors, content providers, service providers, employees, agents, officers, directors, contractors and sub-contractors (the “Indemnified Parties”) harmless from your breach of any of these Terms And Conditions or any other terms, conditions, policies or procedures herein, including, without limitation, any use of content other than as expressly authorized in these Terms and Conditions. Client agrees that the indemnified parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify and hold harmless the Indemnified Parties from any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information obtained from Creativegia Worldwide.

Creativegia Worldwide will not be liable for any breach of the agreement which is caused by a matter beyond its reasonable control including but not limited to Act of God, fire, lightning, explosion, war, disorder, flood, earth quake, industrial disputes (whether or not involving their employees), extremely severe weather, or acts of local or central government or other competent authorities.




Subscription payment and automatic payments


Creativegia Agency collaborates with various third parties for financial transfers. Therefore, certain transfers can be made automatically with the consent of the client who pays these invoices.
The customer's consent and all rights to use this service are knowingly and with the consent of the customer at the time of payment of each invoice in payment to Creativegia Agency WW.
We consider the customer directly responsible if he does not close these automatic payments to us after concluding any contact/contract/services/product with us.
If the customer is still active in our platforms and pays automatic invoices to a service or product that no longer exists, he will receive a refund in the form of credits in the platform owned by us, which issues or issued the invoices in question. If the services or platform no longer exists, these credits will be redirected to the support platform.
If our services or customer account are no longer available for various reasons on any of our platforms, but a subscription is paid regularly depending on the plan, this money will be refunded as virtual credits in the platform where the invoices are sent, we will not refunds in real money to any invoice paid, by mistake, we consider that the unsubscription action must be made by the client as soon as he has interrupted any contact with Creativegia Agency.
If the financial provider issues or continues to send invoices to a service or platform that we no longer own, and the customer pays these invoices automatically or manually, the money will be refunded only in virtual credit on the platforms owned at that time.
If the client files a complaint with the financial provider and wins the case, then we undertake to refund the full amount from which the fees imposed by the financial provider will be deducted.
If the client files a complaint with the financial provider and loses the case before us, we will consider the money,a donation from the client to improve our virtual services.
If the customer for various reasons no longer has an account on our platforms and still made a payment, he has 60 minutes(from the invoice time) to make an active account and contact the support with the mention to send us the invoice data issued so we can locate it more easily, and the client to receive his virtual money in the platform in question. The money while refunded is credited to this support platform/hosting only.
If the client won't create an account after 60 minutes(from the invoice time) or refuses to create a new account on our platforms, in this case, the money will be considered a donation from the client to improve our virtual services.
If the customer has a ban on our platforms and he has paid invoices, we consider that the customer has made a donation to our company to improve our virtual services.
If the client notifies us by support area, within 60 minutes(from the invoice time) after the invoice was paid, that an amount has been withdrawn from the account through the automatic subscription system and acknowledges that it was a mistake on his part to leave that system active, we offer the money under the following conditions:

• You must have an account on the platform where the invoice is issued or one of the platforms owned by us in case it no longer exists.
• We will not bear the fees charged by the financial provider.
• A fee of 10% for invoices lower than 100 € will be charged for the inconvenience caused by the customer to us.
• A fee of 25% for invoices greater than 100 € will be charged for the inconvenience caused by the customer to us.
• The remaining balance will be sent manually within 30-90 days from the day you contact us.

Any attempt by the customer to force the recovery of the money may lead to the closure of the account and the consideration of that amount as a donation to our company, therefore we encourage you to follow the steps imposed by us and be patient.




Hosting


Hosting is an annual charge which must be paid in advance for the whole year. Except if the client is under one of our Maintenance packages.

It is the client’s responsibility to renew the hosting in time ie. before the expiry date. Failure to renew in time can lead to loss of files, data, emails, backups etc. All unpaid hostings are disabled or deleted from the server.

All renewals must be paid by seven working days prior to the expiry date. Creativegia will not be responsible for issues relating to delayed payment.

Hosting are on shared and non-shared servers hosted via third party providers. Creativegia Worldwide ensures best to our ability that our systems and servers are protected from hackers, viruses, intruders and other online and offline problems, however we will not be held liable for any disruption of services if such situation arises.

Client is solely responsible for the content stored on and served by the hosting service purchased and the activity of any scripts or email services created under the hosting service. The Customer must maintain the security of all account passwords and applications or scripts and ensure all scripts under the hosting service are free from malicious content that may harm any part of the Server, other client accounts hosted, or the external systems of visitors viewing the hosted content.

Incase of a malware attack, Creativegia reserves the right to delete files on the hosting service without giving any prior notice.

Cancellation/Termination:
Hosting Cancellation requests must be sent in writing by support tab,cancel by the buton "Cancel" from hosting platforme or by email one month prior to the expiry of the same. Once the hosting has been renewed, it cannot be cancelled and must be paid for the full year.If the hosting is cancel by the client no refund while be made.

If the hosting is not paid and renewed before the expiry date. We reserve the right to disable the hosting and all associated services including emails and dns records. Additional charges will be applicable to re-enable the hosting. Creativegia will not be responsible for any loss of data, files, emails, backups, restoration costs etc.

If a hosting has been cancelled / disabled then all files, emails, databases and backups will be deleted from the server without any notification to the client.

Once all invoices are paid, it is client’s responsibility to request for the files subject to the below:

– Creativegia CMS is a proprietary CMS of Creativegia Worldwide. Creativegia owns copyrights of all codes written for any client, unless arrangements are made prior to start of the project. Creativegia warrants a license to use any custom built software for the client, for their use only. This license is granted while paying for the hosting. Creativegia CMS cannot be transferred to any external host; this includes any access to the software codes. FTP and Control panel access is not provided if the website is using Creativegia CMS.

– Creativegia CMS is a proprietary CMS of Creativegia Worldwide and cannot be transferred to any external host.

Emails:
All emails are to be downloaded on the client’s computer periodically. Email boxes must be kept within their quota limits. Periodical maintenance may be carried out on the email box and emails older than 6 months are deleted.

Client’s must not use the email hosting for inappropriate content and other undesired emails which can result in spamming or infecting the server. Under such circumstances, immediate action will be taken and the required files and data will be deleted without any prior notice.

Creativegia offer packages in co-ordination with third party providers. Changes to the third party provider’s rules and policies may ultimately effect the services we provide or the terms and conditions herein.

Hosting are on shared and non-shared servers hosted via third party providers. Creativegia Worldwide ensures best to our ability that our systems and servers are protected from hackers, viruses, intruders and other online and offline problems, however we will not be held liable for any disruption of services if such situation arises.





Domains

All domain registrations and renewals are to be paid in advance.

Expiration of a domain can result in service disruption and loss of domain.

Creativegia Worldwide will not be responsible if a domain expires due to non-payment / late payment of the charges. All payments must be made by seven working days before the expiry date.

It is client’s responsibility to renew their domain names with us.

All invoices and dues must be paid in full before we release the requested domain name.

Creativegia Worldwide has the domains in a common pool account and therefore cannot give access to its domain control panel.

Creativegia offer packages in co-ordination with third party providers. Changes to the third party provider’s rules and policies may ultimately effect the services we provide or the terms and conditions herein.



Intellectual property



All content of this website is a property of Creativegia Worldwide unless otherwise specified. Creativegia Worldwide reserves the right to change the content or policies without any prior notice.

The project related copyrights can be transferred to the client at an additional cost, after the full payment of the project and upon signing the Certificate of Acceptance. Creativegia worldwide reserves the rights to refuse the transfer of ownership if irregular circumstances arise.

Copyrights handed over to the client do not include rights to re-use the code for another website or re-sell the programming codes for any commercial or non-commercial purposes. In the case of business restructuring or ownership change, ownership of the website may be transferred from one owner to another. New owners are not allowed to re-sell or re-use for any commercial or non-commercial purpose. Creativegia CMS is a proprietary CMS of Creativegia Worldwide and can not be transferred to any external host.

In an event of a Webmaster change, site owners are not allowed to display the credits to the new website, unless such time that the website functionality and appearance is changed by over 50% of our original work.

“Creativegia Worldwide” is a trade mark of Creativegia Worldwide Pty Ltd of Australia, along with the symbol which consists of a ‘globe’ surrounded by the letter ‘C’ and also the logo “Creativegia Worldwide: Quality – Innovation – Excellence”. Clients, Partners, Suppliers, Sub-contractors and any other 3rd party organisation or individual are not allowed to use Creativegia Worldwide trademarks including the name, logo and symbol in any way shape or form without a written permission from us.

If you do not agree with the terms and conditions of use imposed by Creativegia Studio, the methods of using the Creativegia Studio platform,or the products created by us,or purchased through us or the services offered by us then you are invited to delete your account on the Creativegia Studio platform. By deleting the account from the Creativegia Studio platform, you agree and take acknowledge of all the mentions and implications exposed and imposed in the "Agreements and legal limits for client" section.



Please note that Creativegia Grup Worldwide reserves the right to change the terms and conditions without notice.