Terms & Conditions
Last updated: [DATE]
These terms and conditions govern the provision of services by [Your Legal Entity Name], trading as CMS Pros ("we", "us", "our"), to clients ("you", "your"). By engaging our services, you agree to these terms.
Company Information:
[Your Legal Entity Name]
[Registered Address], Ireland
CRO Registration Number: [Number]
VAT Number: [Number if applicable]
1. Services
1.1. We provide Joomla website development, upgrade, migration, hosting, maintenance, and related services as described in our proposals and agreed in writing.
1.2. The specific scope, deliverables, timeline, and price for each project are defined in a written proposal or quotation provided to you before work begins. The proposal forms part of these terms.
1.3. We reserve the right to decline any project or service request at our discretion.
2. Quotations and Pricing
2.1. All quotations are valid for 30 days from the date of issue unless otherwise stated.
2.2. Project quotations are fixed-price based on the scope defined in the proposal. Changes to scope requested by you may result in revised pricing, which will be agreed in writing before additional work begins.
2.3. Recurring service fees (hosting, maintenance) are invoiced monthly or annually as specified in the service agreement. Prices may be adjusted with 30 days written notice.
2.4. All prices are quoted in Euros (€) and are exclusive of VAT unless otherwise stated.
3. Payment
3.1. Project work: [50% deposit before work begins, 50% upon completion / or your preferred payment structure]. Final payment is due within 14 days of invoice.
3.2. Recurring services: payment is due within 14 days of invoice. Continued non-payment after reminder may result in suspension of services.
3.3. Late payments may incur interest at the rate provided under the European Communities (Late Payment in Commercial Transactions) Regulations 2012 (Ireland) or equivalent applicable legislation.
4. Project Delivery
4.1. We will endeavour to complete projects within the timeline specified in the proposal. Timelines are estimates and not guaranteed deadlines unless explicitly agreed as fixed deadlines in writing.
4.2. Delays caused by your failure to provide required materials, access, feedback, or approvals within a reasonable timeframe will extend the project timeline accordingly.
4.3. We work on a staging environment and deploy to production only after your written approval of the completed work.
4.4. Project completion includes a 30-day warranty period during which we resolve defects in the delivered work at no additional cost. Issues arising from changes made by you or third parties after delivery, or from requirements not included in the original scope, are not covered by the warranty.
5. Hosting Services
5.1. Our managed hosting service is available exclusively for Joomla websites that have been built, upgraded, or audited by us.
5.2. Hosted websites must not be modified by third-party developers or agencies without our prior written agreement. Unauthorised modifications may compromise site security and stability, and may result in termination of the hosting service.
5.3. We provide hosting infrastructure including server management, backups, SSL certificates, and uptime monitoring as described in the hosting service specification.
5.4. We do not provide email hosting. We assist with configuration of third-party email services (Microsoft 365, Google Workspace, Zoho Mail) as part of the hosting setup.
5.5. We maintain backups of hosted websites as described in the service specification. While we take all reasonable precautions, we recommend that clients maintain their own independent backups.
5.6. We target 99.9% uptime for hosted websites. Planned maintenance windows will be communicated in advance. We are not liable for downtime caused by factors beyond our control, including hosting provider outages, DDoS attacks, or force majeure events.
6. Maintenance Services
6.1. Maintenance plans provide the services described in the plan specification (core updates, extension updates, security monitoring, backups, etc.).
6.2. Maintenance does not include content updates, new feature development, major version upgrades (e.g., Joomla 5 to 6), or recovery from issues caused by unauthorised modifications.
6.3. Maintenance plans operate on a monthly or annual billing cycle. Either party may terminate a maintenance plan with 30 days written notice.
7. Client Responsibilities
7.1. You are responsible for providing accurate, complete information and materials required for the project within a reasonable timeframe.
7.2. You are responsible for reviewing and approving work on the staging environment before live deployment.
7.3. You are responsible for the content published on your website. We do not review or approve your content for legal compliance (other than technical GDPR measures as part of agreed compliance services).
7.4. You are responsible for maintaining the confidentiality of your website credentials. We recommend changing all passwords after any project involving shared access.
8. Intellectual Property
8.1. Upon full payment, you own the deliverables created specifically for your project (custom templates, custom code, custom configurations).
8.2. Third-party components (Joomla core, extensions, template frameworks, libraries) remain the property of their respective owners and are subject to their own licences (typically GNU GPL for Joomla and its extensions).
8.3. We retain the right to use general knowledge, techniques, and experience gained during the project for other clients, provided no confidential information is disclosed.
9. Confidentiality
9.1. Both parties agree to keep confidential any non-public information shared during the course of the engagement, including business strategies, technical configurations, credentials, and client data.
9.2. Confidentiality obligations survive the termination of the agreement.
10. Limitation of Liability
10.1. Our total liability for any claim arising from our services is limited to the fees paid by you for the specific service giving rise to the claim.
10.2. We are not liable for indirect, consequential, or incidental damages including loss of profit, loss of data, or business interruption, except where such limitation is prohibited by law.
10.3. We are not liable for issues arising from third-party software (including the Joomla CMS, extensions, and hosting infrastructure), except to the extent that we have been negligent in our configuration or management of such software.
11. Termination
11.1. Either party may terminate a project or ongoing service by providing written notice. For projects, any work completed to date will be invoiced. For ongoing services, the notice period is 30 days.
11.2. We may terminate services immediately if you breach these terms, fail to pay invoices after reasonable notice, or engage in activity that compromises the security or reputation of our hosting infrastructure.
11.3. Upon termination of hosting services, we will provide a complete backup of your website files and database. Your website is your property and will be made available to you regardless of the reason for termination.
12. Dispute Resolution
12.1. These terms are governed by the laws of Ireland.
12.2. Disputes will be resolved through good-faith negotiation in the first instance. If negotiation fails, disputes will be submitted to the jurisdiction of the Irish courts.
12.3. For EU consumers: the European Commission provides an online dispute resolution platform at https://ec.europa.eu/consumers/odr.
13. Changes to These Terms
13.1. We may update these terms from time to time. The current version is always available at cmspros.eu/terms. For ongoing services, we will notify you of material changes with 30 days notice.
14. Contact
[Your Legal Entity Name]
[Address], Ireland
Email: [your email]
CRO: [Number]