Emerald Digital – Terms and Conditions
Effective Date: 28 July 2025
Last Updated: 8 August 2025
Welcome to Emerald Digital! By accessing our services, you agree to the following terms and conditions.
1. Introduction
These Terms and Conditions govern your use of our website design and development services. By engaging our services, you agree to comply with these terms.
2. Services
Emerald Digital provides professional website design and development tailored to clients’ requirements. The specific project scope, deliverables, and timelines will be outlined in a separate proposal or service agreement.
3. Project Scope and Change Requests
The project scope is defined in the initial proposal or service agreement. Any client requests for work that falls outside of this agreed-upon scope will be considered a “Change Request.” All Change Requests must be submitted in writing and may result in adjustments to the project timeline and cost, which must be agreed upon by both parties before work can begin.
4. Initial Payments
For all plans, an initial deposit is required to cover preliminary costs. The website will be developed and hosted on a private staging environment (a subdirectory of another domain) until it is completed. Once the website is finalised, the remaining payment for the project or the first month’s subscription fee is due, at which point the website will be migrated to its official domain.
5. Domain Name Registration
The initial deposit covers the cost of the domain name registration. The minimum duration for a domain name is typically one year, and this cost is non-refundable. The duration of the domain name registration will be discussed with the client. If you choose to terminate the service before the end of the one-year domain term, you will be responsible for the full, non-refundable cost of the domain name registration for that year.
6. Subscription Term and Termination
The website’s subscription will remain active as long as your monthly payments are made on time. Payments are due at the start of each month, and late payments may result in your website being taken offline or blocked from user engagement.
If you choose to terminate your subscription before the total project amount has been paid in full, your website will be taken offline and will not be accessible to users. You will be responsible for paying the full, total project amount agreed upon at the beginning of the project. Your subscription will only be considered fully concluded once the total amount has been paid. You have the option to vary your month-to-month payment amount if you wish to finalise the full payment sooner.
7. Website Ownership and Attribution
Ownership of the completed website, including its content and all intellectual property, will only be transferred to the client after the full project amount has been paid. Until full payment is received, the website will be managed by Emerald Digital.
As a showcase of our professional work, all websites designed by Emerald Digital will display a discreet “Designed by Emerald Digital” logo or text in the footer.
8. Client Responsibilities
Clients must provide all necessary content and feedback in a timely manner. Delays in providing content may affect delivery timelines. You are solely responsible for ensuring you have the legal right to use all provided content, including text, images, and logos.
9. Third-Party Services and Content
We may utilise third-party services, plugins, or software (e.g., hosting providers, content management systems) in the delivery of our services. We are not responsible for the ongoing functionality or performance of these third-party services. The client is responsible for all licensing fees associated with any third-party fonts, stock images, or software requested for the project.
10. Maintenance and Post-Launch Support
Ongoing maintenance and support are subject to the plan you select. To continue receiving support and maintenance after the initial support period of your plan ends, you may purchase a separate Support Plan, which includes all maintenance and assistance needed to keep your website running smoothly.
11. Warranties and Disclaimers
We offer a limited 30-day warranty on all code and functionality developed by Emerald Digital, starting from the launch date. We will correct any bugs or errors during this period at no additional cost. This warranty does not cover issues caused by third-party services, client-made changes to the code, or browser incompatibility outside of the latest two versions of major browsers (Chrome, Firefox, Safari).
12. Confidentiality
Both parties agree to maintain the confidentiality of all proprietary information shared during the project.
13. Limitation of Liability
Emerald Digital is not liable for any loss or damages resulting from use or inability to use our services, including interruptions caused by third-party services.
14. Force Majeure
Neither party shall be liable for any failure or delay in the performance of its obligations under these terms if such failure or delay is caused by circumstances beyond its reasonable control, including but not limited to acts of God, war, terrorism, or natural disasters.
15. Termination
Either party may terminate a project in writing. Clients are responsible for all work completed up to the point of termination.
16. Dispute Resolution
Any disputes arising from these terms will first be addressed through good faith negotiation between the parties. If a resolution cannot be reached, the dispute may be submitted to a formal legal process under the laws of Papua New Guinea.
17. Entire Agreement
This document, along with any project-specific proposals or service agreements, constitutes the entire agreement between the parties and supersedes all prior discussions, agreements, and understandings.
18. Severability
If any part of these terms is found to be invalid or unenforceable by a court of law, that part will be severed, and the rest of the terms will remain in full force and effect.
19. Modifications
Emerald Digital reserves the right to update these terms at any time. Continued use of our services indicates acceptance of the revised terms.
20. Governing Law
These terms are governed by the laws of Papua New Guinea.
21. Contact Us
If you have any questions or concerns about these Terms, please contact:
Emerald Digital
Port Moresby, Papua New Guinea
🌐 https://emerald-digital.com
📧 contact@emerald-digital.com