Terms and Conditions

The following document sets out the terms and conditions for the supply of services by Europa Studio.

Europa Studio reserves the right to amend or vary any of its terms and conditions at any time and without notice.

Please check our site regularly as these terms are updated from time to time.

Last Updated: 24 July 2019

1.0 Website Maintenance

1.1 Maintenance Tasks

We seek to manage the entire life cycle of our clients’ websites to ensure that they evolve and remain successful.

The following essential tasks are required as part of the ongoing website maintenance. Maintenance tasks will generally be undertaken at the beginning of each month and when new software becomes available. I.e. when a new version of the content management system is released.

30mins	Complete manual backup and storage of all website files including database
30mins	Software upgrades including installing and testing the latest version of the content management system
30mins – 2hrs	Website code changes to ensure the website renders correctly with new browser updates
30mins	Ensuring security software is up to date and protecting the website from automated spam that comes from bots
30mins	Functionality plugin updates and testing required to ensure updates are compatible with the site
30mins – 2hrs	Professional edits to ensure the website maintains its quality
30mins – 2hrs	Hosting, database and email server maintenance

1.1.1 Website edits typically include revisions to existing website content. Enhancements to operation or function are not covered by the maintenance agreement.

1.1.2 Transfer of hosting to another operator is not covered by the website maintenance agreement.

1.1.3 If the client wishes to cancel their maintenance agreement, they must contact us 30 days before the renewal date stating that they wish to cancel their account.

1.1.4 Europa Studio shall be entitled to charge the client at its billing rates for time spent providing any other services not forming part of the maintenance agreement.

1.2 Availability

1.2.1 Maintenance services will only be provided during our normal working hours. These are 9am to 5pm Monday to Friday. Provision may be made for ‘out-of-hours’ service but only on the basis of additional charging.

1.2.2 For hosting and email server maintenance, our response and repair obligations will depend on the gravity i.e. level of the problem the client is experiencing.

1.2.3 We are a team of consultants, not IT support personnel. If we are not currently working on a project for you, we may be unable to respond immediately to any technical or other difficulties you may be experiencing. We would encourage you to send an email explaining the issue and we will respond as soon as possible.

1.3 Third Party Dependencies

1.3.1 As the maintainer, we are typically dependent on a variety of third parties in order to be able to provide the agreed services. We cannot take responsibility for any failure to provide services where such failure results from the failure or interruption of services provided by third parties. This would include interruption in the ISP connection or datastream information services.

1.4 Liability

1.4.1 Europa Studio shall not be liable for ensuring that material, data or information on the website isn’t illegal or unlawful, obscene, defamatory or otherwise infringes any third party rights.

1.4.2 We strive to provide secure and stable applications, however we cannot be held liable for any information loss, corruption or anything else that may happen to your site while it is using the software provided.

1.4.3 If you have a current maintenance agreement with us, we will strive to update your software as soon as new versions become available. We shall not be held reponsible for any loss arising from the use of outdated software or flaws in new versions.

2.0 Website Design

2.1 Your Quotation

2.1.1 The client is required to read the project quotation and specification carefully. Work will be performed exactly as stated. Any new requests or divergence to the work specified may incur additional costs. This includes replacing substantial text from a page with new text, major page reconstruction, additional pages, navigation structure changes and repairs to attempted updates by the client.

2.1.2 Changes to web pages requested by the client after project completion will be billed at an hourly rate.

2.1.3 Quotes for products or services are valid for a maximum of 30 days.

2.2 Content Management

2.2.1 Most of our websites’ content management systems are based on the WordPress platform utilising a SQL server database. With the exception of certain bespoke functionality, WordPress is designed to create and edit pages and posts, upload and edit images and create and edit hyperlinks. Please follow the guidelines supplied in order to correctly format information on the website. If additional training is required, please contact us and we will arrange for further training to be provided.

2.2.2 Please do not make changes to the website plugins or template files as this may seriously affect the website’s performance. Updates made by the client are done so at the client’s risk. We shall not be responsible for problems arising as a result of attempted changes to the core website files.

2.2.3 The administration password must remain the same so that we can perform regular maintenance tasks on your website.

2.2.4 We cannot take responsibility for any failure to provide services where such failure results from the failure or interruption of the WordPress platform or their affiliate services.

3.0 Payment of Services

3.1 Project Invoices

3.1.1 Depending on the size of the contract, a deposit of between 35% – 50% of the total sum payable is required before work can commence. Balance is payable upon completion of the project. For lower value projects, full payment may be required upfront before work can commence.

3.1.2 If, during the course of a design project, additional work should become necessary, Europa Studio will notify the client of any additional cost involved. Any additional costs may be payable before work can proceed further.

3.1.3 If the client delays commencement of work for more than 30 days from payment of the deposit, Europa Studio reserves the right to make a surcharge to cover additional time and price increases since the original quote.

3.1.4 Europa Studio reserves the right to levy extra charges if additional unexpected time is expended on the creation of the site, or loading of the site onto the Internet, due to circumstances beyond its control or due to working with material created and/or provided by a third party.

3.1.5 In the event of a dispute regarding the design of the website or a withheld or late payment, Europa Studio reserves the right to withhold or withdraw all web pages and image files until such dispute is resolved.

3.1.6 Late payment of bills will incur a charge if payment is not received within 10 days of the due date. If an amount remains unpaid after 30 days after its due date, an additional penalty will be added for each month or proportion thereof until payment.

3.1.7 Regarding graphic design work, Europa Studio are the owners of the design source files. The client will be provided the final design in the format required for printing or distributing (e.g. PDF or JPG).

3.2 Maintenance Invoices

3.2.1 Maintenance fees commence when the project has been delivered and the website is online. Fees must be paid for in full and in advance.

3.3 Website Hosting and Domain Invoices

3.3.1 The client shall be responsible for all renewal fees relating to any domain names purchased on their behalf by Europa Studio, whether charged direct by the naming authority or by Europa Studio.

3.3.2 Clients will be invoiced 14 days before the domain name/hosting renewal/due date. This is done to ensure that our clients get enough time to make payment(s). All fees must be received within this period.

A grace period of 5 days will be given to all unpaid accounts past the renewal/due date.

The hosting service will be suspended on the 6th day of the account being past due and a notification email would be sent informing about the suspension of service.

Backup, if purchased/applicable, will be provided only after the dues are paid during the suspension period, i.e. between 6th and 10th days (both days inclusive) of account being past due. We would allow up to 5 days after the account has been suspended, for the renewal fee/dues to be paid.

The account will be terminated permanently and all data held within that particular account will be deleted from the server once this period of additional 5 days is over. Under no circumstances would a backup be provided to the client after termination. All technical support and/or professional services may at the discretion of Europa Studio be terminated until payment is received and cleared.

3.3.3 Europa Studio reserves the right to charge an administration fee where an account is cancelled and then reactivated.

4.0 Privacy

The client may be contacted periodically by Europa Studio to announce any additions or changes to Europa Studio’s products and services. The client may also be contacted as part of Europa Studio’s ongoing support activities. The client has the right to request that these communications cease.

4.1 Personal information that we collect and why we collect it

4.1.1 By phone

We may use call number identification to recognise who is calling us and to have a short term record of calls received. We will capture information that you give us for our records and in order to deal with your enquiry and process it in accordance with our processing basis as set out below.

4.1.2 By email

If you send us an email that is not encrypted, any personal data within it may be at risk. We will capture and process the information in the email for our legitimate interest and legal purposes as set out below.

4.1.3 By post

When we receive an enquiry in paper format, we will capture and process the information for our legitimate interest and legal purposes as set out below.

4.1.4 From our website

4.1.4.1 Visitation tracking

Like most websites, this site uses Google Analytics to track user interaction. We use this data to determine the number of people using our site, to better understand how they find and use our web pages and to see their journey through the website. We use this information only to allow us to improve our service and offering. Although Google Analytics records data such as your geographical location, device, internet browser and operating system based on your computer’s IP address, none of this information personally identifies you to us. We do not usually attempt to use this information to try to identify visitors and do not allow Google Analytics to do so either. We reserve the right to do so in the event that the visit is for a malicious or unlawful purpose. We consider Google to be a third party data processor (see below).

4.1.4.2 Contact forms and email links

Should you choose to contact us via our website or via direct email, the data that you supply will not be stored by this website or passed to/be processed by any third party data processors defined below.  If you use the contact form on our website, the data will be collated into an email and sent to us via SMTP.

4.1.4.3 Cookies

This website only uses cookies that are necessary to its functioning. This in no way gives us access to your computer or any information about you, other than the data you choose to share with us.

You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your web browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.

4.1.4.4 Email Newsletter

If you choose to join our email newsletter, the information that you submit to us will be forwarded to Campaign Monitor who provide us with email marketing services. We consider Campaign Monitor to be a third party data processor (see below). The information that you provide will not be stored within this website’s own database or in any of our internal computer systems.

Your details will remain within Campaign Monitor’s database for as long as we continue to use Campaign Monitor’s services for email marketing or until you specifically request to remove it from the list. If you would like to be removed from the list, you can do so by using the unsubscribe links contained in any email newsletters that we send to you or by sending us an email. When making a request to be removed by way of email, please ensure to provide us with the email address that is subscribed to the mailing list.

While your email address remains within the Campaign Monitor database, you will receive periodic newsletter-style emails from us. These will generally be our E-newsletter and occasionally an email about specific events or new products we are offering.

4.2. Basis of processing data and who we share your data with

4.2.1 Legitimate Interests

We will hold and process your data for our legitimate interests in order to manage business relationships with our contractors and third party providers. This includes applications for jobs, including CVs.

4.2.2 By Consent

We will hold and process your data by consent for marketing purposes in order to keep you informed of:

• Our services and those of any group or related company
• Information contained in any newsletter we may issue
• Products and services of any selected third parties where you have agreed to this

We may use a third party provider to issue this information to you but will not share your information with any other third party for marketing purposes.

We may also gather information on our marketing in order to understand and measure the effectiveness of it and to make improvements as a result.

4.3 About our website’s server

This website is hosted by eukhost.com within a highly secure UK data centre facility. Their web servers are located in world-class data centres, which feature advanced redundancy, physical security and multiple fast network connections.

4.4 Where we store your data

All information is retained within the UK. If we were to export any of your data, we would take appropriate measures to protect the data.

4.5 Keeping your information accurate

We strive to ensure that your personal information is kept up to date and accurate. If any of the personal information you have given to us or third parties changes, such as your contact details or residential address, please promptly inform us.

4.6 Your Rights

You have the right as an individual to request details on the information we hold on you and to ask us to correct any information which may be inaccurate.

You are also able to exercise your right to be forgotten. This does not mean we will have to automatically delete all information held on you as we may still need to keep appropriate information for our legitimate interests.

There are other rights which, due to the basis on which we process data, you may not always be able to exercise. These include:

• To restrict processing of your data
• To provide your data in a portable format
• To object to the processing of your data

You might also wish to complain about the way in which we have processed your data.

To exercise your rights or to make a complaint you may either contact us or the Information Commissioners Office. You can make a complaint to them via their website www.ico.org.uk or by calling them on 0303 123 1113.

4.7 Data Breaches

We will report any unlawful data breach of this website’s database or the database(s) of any of our third party data processors to any and all relevant persons and authorities within 72 hours of the breach if it is apparent that personal data stored in an identifiable manner has been stolen.