Terms and conditions
1. General
These terms are applied between Cornel Ene and the buyer of Cornel Ene’s products (the “Customer”). The terms and conditions apply to the Customer’s order of the Product (defined below) and, together with the submitted quotation, constitute the agreement between Cornel Ene and the Customer. In the event of conflicting information between the submitted quotation and the general terms and conditions, the offer shall prevail.
2. Acceptance of terms
By using the services provided by Cornel Ene, you affirm that you have read, understood, and accepted these terms and conditions. If you have any questions or concerns, please contact Cornel Ene before proceeding. If you do not agree to these terms, please do not use the services.
3. Product
“Product” can mean website, A/B testing, copywriting, digital art or digital marketing services, according to the submitted quotation. Any other services, additions, or inquiries in addition to what can be found on the Customer’s current website or is stated in the quotation, is considered as inquiries and will be offered by Cornel Ene.
Upon engaging with the agreement for a new website, Cornel Ene offers several optional services that can be incorporated into the project, if requested by the customer, prior to the website going live. These services are entirely voluntary and available upon request before the website goes live, and they are designed to enhance your project based on your specific needs and goals. The optional services include:
1 hour of copywriting: our team (specifically, my partner) can provide up to 1 hour of professional copywriting to enhance your existing content and help your chances of conversion.
4. Design
Before the project begins, Cornel Ene will conduct an onboarding meeting (the “Onboarding Meeting”) with the Customer. The purpose of the Onboarding Meeting is to present a project structure that will serve as the foundation for the remainder of the project.
5. Provision of materials
The Customer is responsible for, and warrants, that the data and materials provided by the Customer to Cornel Ene are accurate and do not infringe on third-party intellectual property rights. Cornel Ene is solely responsible for images provided by Cornel Ene.
6. Beginning of the project
The project begins when both Cornel Ene and the Customer engage with the offer submitted by Cornel Ene, or such other date as agreed in writing. Before engaging, the Customer is entitled to request additional functionality and/or content that is not present in the Customer’s current website at the time of signing the agreement.
7. Implementation of the project
Cornel Ene is the Customer’s contact person to answer any questions and receive material. Cornel Ene will plan one or several meetings with the Customer where the Product will be displayed. Cornel Ene determines what is reasonable in terms of the number of meetings, and he will work with the customer to schedule and coordinate these meetings.
8. Material from the customer
The customer may supply Cornel Ene with various forms of content, including but not limited to pictures, texts, and other relevant materials (“Customer material”). Alternatively, Cornel Ene will utilise the content present on the Customer’s existing website, in addition to utilising royalty-free images sourced from image databases.
9A. Requests for changes during the duration of the project
The Customer can communicate design changes during the design phase of the project. Once the design has been approved, the implementation and development phase will commence. If the Customer requests that the design is updated again, additional charges may occur. Should the Customer request additional functionality or content outside of what can be found in the Customer’s current website or what is specified in the agreement, then these requests are regarded as additional orders and will be offered by Cornel Ene.
9B. Long projects and excess revisions
If the project takes longer than 90 days, goes through more than 5 revisions, or exceeds the set number of hours calculated by dividing the contract price by 129, Cornel Ene will charge an extra £129 per hour for any additional work. This starts from when the engagement commences, for as long as the first draft is presented to the Customer within 30 days of starting the project.
If Cornel Ene takes longer than 30 days to deliver the first draft of the website, then the extra charges apply after 60 days or 5 revisions from when the Customer gets the first draft. The set number of hours before extra charges, calculated by dividing the contract price by 129 hasn’t changed in this scenario.
These extra charges on top of the contract price will still apply if incorrect information is provided by the Customer or if the Customer requires additional time to review the work. The reason for this policy is to prevent the project from dragging on too long or getting stuck.
10. Requests for changes after delivery
The Customer can, at any time after delivery is complete, contact Cornel Ene with requests for additional changes. These requests are then regarded as requests for price indications and will be offered by Cornel Ene.
11. Platform restrictions
Cornel Ene is a separate entity from any platforms he utilises, including but not limited to WordPress (Automattic Inc), Shopify (Shopify Inc), Google (Google LLC), Facebook (Meta Platforms, Inc), InMotion (InMotion Hosting, Inc.), Hostinger (Hostinger International, Ltd), Stripe (Stripe, Inc), MarkUp (MarkUp Inc), and others. Consequently, Cornel Ene cannot be held accountable for any issues or restrictions arising from the platforms or the actions of their partners or suppliers.
12. Hosting and domain
Cornel Ene is responsible for finding a suitable hosting solution and connecting the Customer’s domain to the Product unless otherwise agreed. The Customer is responsible for providing Cornel Ene with any needed information or login credentials needed to deploy the website and connect the domain.
13A. Payment
Cornel Ene prefers payment via bank transfer or the secure platform provided by Stripe Inc, 50% upon engagement and 50% upon completion of the project and the website going live.
13B. Payment of remaining balance
In the event that you choose to terminate your website subscription prematurely, you are obliged to settle the remaining dues of the subscription term, along with a termination/buyout fee of £1000. The total fee will be calculated by deducting any payments you’ve already made from the total subscription cost plus £1000. You must pay this final balance in full within 30 days from the date you notify Cornel Ene of the cancellation or from the date your payment method is declined for more than 45 days, which we also consider as a notification of cancellation.
Please be aware that all payments made towards your subscription are final and non-refundable.
14. Retainer
The Retainer provides ongoing support and protection for your website against internet security threats. This service includes continuous updates of the Product’s plugins to the most recent version.
The monthly subscription fee for the Retainer will be determined by the currency in which your project was paid.
GBP (£): £129
USD ($): $129
EUR (€): €129
The Retainer subscription will be manually activated post project completion, upon agreement with the Customer, ensuring your website continues to benefit from ongoing support and security measures.
By utilising the Retainer, you acknowledge and agree to the applicable monthly subscription charges based on the currency of your project payment. By continuing to use our services and the Retainer, you accept the terms and pricing as described herein.
Please be aware that all payments made towards your subscription are final and non-refundable.
15. Complaints
If the Customer wishes to make a complaint regarding errors or deficiencies in the execution of the project, the Customer shall do so within a reasonable time after the errors or deficiencies were discovered. Complaints do not relieve the Customer of liability to pay for the project carried out.
Reducing the project’s price is strictly prohibited, particularly when the Customer alleges that Cornel Ene has failed to meet the anticipated timeframe or expected quality. Cornel Ene has not agreed to any specific completion timeline or quality standards; Cornel Ene merely offers estimated durations and project quality levels.
16. Stalled project
In the event the Customer fails to provide Cornel Ene with feedback for more than twenty-one (21) consecutive days, Cornel Ene has the right to pause the project and keep the initial 50% payment. This policy maintains its consistency in execution.
The customer then has another six (6) months to contact Cornel Ene to resume the project. Otherwise, Cornel Ene will deliver the Product as far as it can be completed. In connection with this, the project is terminated, and Cornel Ene no longer has any responsibility for completing the Product.
17. Cancellation of website project
A customer can only cancel or pause a project if they have made the initial 50% payment. Cornel Ene reserves the right to terminate the agreement immediately if the Customer breaches any of these Terms and Conditions.
18. Cancellation of recurring services
To cancel any recurring services, including but not limited to Hosting, Retainer, Copywriting, SEO, or Advertising, you must provide a minimum of one (1) month written notice in advance. This notice should be submitted in writing to Cornel Ene. The one-month notice period is intended to ensure a smooth transition and allow for the necessary adjustments in our service arrangements. Failure to provide the requisite notice may result in continued billing for the services during the notice period. After the notice period has elapsed, your recurring services will be terminated, and no further charges will be incurred. Cornel Ene reserves the right to terminate the agreement immediately if the Customer breaches any of these Terms and Conditions.
19A. Refunds
Please note that refunds will not be provided for services deemed as delivered by Cornel Ene. The product is considered to be delivered either 30 days after the customer’s most recent payment or, alternatively, 6 months after engaging in the agreement. Cornel Ene makes the decision when it comes to evaluating and confirming the fulfilment of services, and Cornel Ene’s decision regarding service completion is considered final. Cornel Ene’s commitment remains focused on meeting and surpassing your expectations. Should you have any concerns about the quality or delivery of the services, Cornel Ene encourages you to communicate them to him promptly. Cornel Ene is dedicated to diligently addressing any issues and delivering satisfactory solutions. However, it’s essential to understand that services officially acknowledged as completed by Cornel Ene will not be eligible for refunds.
19B. Interest-based refund
If you do not get interest from at least 5 people within the first 60 days of your website being operational, Cornel Ene is committed to refunding the full amount you paid for the website. The following conditions apply for this refund:
Upon initiating the refund process, Cornel Ene will permanently remove and delete your website. As a result, you will forfeit any rights to use the content and materials that were created for you by our team.
To request a refund and cancel your services, you must email hello@cornel.digital within the 60-day period. Requests sent through any other means, including different email addresses or communication channels, will not be considered valid.
Cornel Ene is not responsible for your interaction with, or management of, any inquiries you receive. Our assessment will be based exclusively on the contact attempts recorded in our system, irrespective of whether you responded to or engage with these potential customers.
This refund policy is exclusively applicable to Customers who have received this specific offer in a written format as part of their service agreement.
Eligibility for the refund is contingent upon the inclusion and acknowledgment of this offer within a document formally signed and ratified.
Customers without this specific provision in their written agreement with Cornel Ene are not eligible for the refund under the terms outlined in this paragraph.
“Interest” is specifically defined as receiving at least five clicks on the main Call To Action (CTA) button of a Customer’s website within the first 60 days of operation.
20. Responsibility
Cornel Ene is responsible for any damage caused to the Customer through errors or negligence in the execution of the project up to the amount paid by the Customer for the project. Cornel Ene is never liable for any damages arising from incorrect or incomplete information provided by the Customer. Cornel Ene is not responsible for any loss of profit or income, or other indirect damage or consequential damage. The customer shall keep Cornel Ene harmless from claims from third parties regarding materials provided by the Customer.
By using/buying Cornel Ene’s services, you acknowledge and agree that Cornel Ene cannot be held responsible for any drop in performance in any way, especially if certain critical elements in the website’s back end, hidden subpages, or blog posts were not disclosed to Cornel Ene before engaging in the project. The pricing for these services is solely based on the information available at the time of contract signing, and any undisclosed elements or subsequent changes to the website structure may result in additional charges, subject to reevaluation and adjustment of the contract terms and pricing. You understand that the contract’s terms and conditions are contingent on the information provided to Cornel Ene at the outset, and we cannot take responsibility for what we were not made aware of.
21. Intellectual property rights
All rights to all intellectual property rights that Cornel Ene creates within the framework of the project accrue to the Customer. The customer does not receive the right to Cornel Ene’s intangible assets or business secrets other than as stated in the agreement. Furthermore, the Customer does not receive any rights to intellectual property rights created outside the scope of the project, or which were already owned by Cornel Ene before the project began.
22. Personal data
Cornel Ene may process personal data in relation to the Customer’s representatives in connection with the project’s implementation in order to be able to fulfil the agreement. It’s important to note that the information referred to in this agreement can encompass any type of data or material shared by the customer with Cornel Ene, or any information that is publicly accessible about the customer. The customer is responsible for ensuring that all its representatives whose information is submitted to Cornel Ene have read and approved Cornel Ene’s personal data policy for customer contacts. For some personal data that Cornel Ene processes in connection with the project’s execution, the Customer is the personal data controller and Cornel Ene personal data assistant.
23. Privacy
The parties undertake, without limitation in time, to not disclose to third parties confidential information regarding the activities of each party. In this provision, “confidential information” means any task – technical, commercial, or other – regardless of whether the information is documented or not, with the exception of information that is or becomes generally known or which has come or comes to public knowledge other than through the breach of this provision by a party.
24. Dispute
We require that all complaints, inquiries, or concerns regarding our services be exclusively communicated through email (hello@cornel.digital). This email address has been set up as Cornel Ene’s primary means of efficient and direct communication with Customers, ensuring that Cornel Ene can promptly and effectively address any issues. Please be advised that the use of bank transactions or financial institutions for dispute resolution or communication is strongly discouraged and will not be considered a valid or efficient method of contact. Utilising the email guarantees clear and documented communication, enabling us to expedite the resolution process and provide you with the most efficient service experience possible.
25. Dispute resolution
The Customer agrees that, in the event of any dispute or disagreement regarding payments for recurring services provided by Cornel Ene, the Customer shall not have the right to dispute payments as long as the services have not been canceled in accordance with Section 18 of this agreement.
In the event of a payment dispute, the Customer shall first notify Cornel Ene in writing, specifying the nature of the dispute. Cornel Ene shall have 30 days to investigate and respond to the dispute.
If Cornel Ene determines, at his sole discretion, that the payment dispute is valid, Cornel Ene may issue a refund or credit to the Customer’s account as appropriate.
Applicable law and dispute resolution
English law, without the application of its conflict of laws rules, shall apply to the agreement. Disputes arising in connection with the agreement shall be settled by a public court in England, where Cornel Ene is based.
Conclusion
These terms and conditions constitute the entire agreement between Cornel Ene and the Customer regarding the subject matter herein and supersedes all prior or contemporaneous agreements, representations, warranties, and understandings. Any amendments to these terms and conditions must be made in writing and signed by both parties.
If you have any questions or require further clarification on any of the points outlined in these terms and conditions, please do not hesitate to contact us via our support email at hello@cornel.digital.
Thank you for choosing Cornel Ene for your digital marketing needs.