1. General Provisions
These Terms and Conditions ("Terms") govern the use of services provided by Tailored Vows ("Service Provider", "we", "us", "our") related to the design, development, and hosting of wedding websites ("Services"). By engaging our Services, you ("Client", "you", "your") agree to be bound by these Terms in their entirety.
These Terms constitute a legally binding agreement between the parties and shall be governed by and construed in accordance with Italian law, without regard to its conflict of law provisions.
2. Definitions
For the purposes of these Terms:
• "Services" means the wedding website design, development, and hosting services provided by the Service Provider.
• "Deliverables" means the wedding website and all associated digital assets created as part of the Services.
• "Content" means all text, images, photographs, videos, and other materials provided by the Client for inclusion in the website.
• "Intellectual Property" means all copyrights, trademarks, trade secrets, patents, and other proprietary rights.
• "Force Majeure" means any event beyond the reasonable control of either party.
3. Service Description and Scope
The Service Provider offers wedding website development services as described on the website and in any written proposal or agreement. The specific scope of services shall be determined based on the selected package (Essential or Bespoke) and any additional customizations agreed upon in writing.
The Services include:
• Website design and development based on selected theme or custom specifications
• Initial content integration as provided by the Client
• Domain registration (one .it or .com domain, subject to availability)
• Website hosting for twelve (12) months from the date of website launch
• Technical support via WhatsApp during the hosting period
Services expressly excluded unless otherwise agreed:
• Photography, videography, or content creation services
• Ongoing content updates beyond initial launch
• Search engine optimization (SEO) campaigns
• Paid advertising management
• Third-party integrations requiring additional licensing fees
4. Client Obligations
The Client agrees to:
a) Provide accurate and complete information necessary for the provision of Services;
b) Supply all content, including text and images, in the formats and timeframes specified by the Service Provider;
c) Obtain all necessary rights, licenses, and permissions for any content provided;
d) Respond to requests for feedback or approval within five (5) business days;
e) Ensure that all content provided does not infringe upon any third-party rights or violate any applicable laws;
f) Maintain confidentiality of any login credentials provided;
g) Use the Services only for lawful purposes and in accordance with these Terms.
Failure to fulfill these obligations may result in delays, additional charges, or termination of Services.
5. Payment Terms
All prices are as stated on our website or in the applicable proposal and are expressed in Euros (EUR). Prices are exclusive of VAT (IVA) where applicable.
Payment Schedule:
• 50% deposit due upon confirmation of the order
• 50% balance due upon completion of the website, prior to launch
Payment Methods:
• Bank transfer to the account specified in the invoice
• Other methods as may be agreed in writing
Late Payments:
Interest on late payments shall accrue at the rate prescribed by Italian Legislative Decree 231/2002 (implementation of Directive 2000/35/EC) from the due date until payment is received. The Service Provider reserves the right to suspend Services until all outstanding amounts are paid in full.
6. Delivery and Acceptance
The Service Provider shall use commercially reasonable efforts to complete the Services within the timeframes communicated to the Client. Delivery times are estimates only and are not guaranteed unless explicitly stated otherwise in writing.
Upon completion of the website, the Client shall have five (5) business days to review and provide feedback. If no feedback is received within this period, the website shall be deemed accepted.
The Service Provider shall make reasonable revisions based on Client feedback, provided such revisions fall within the original scope of Services. Requests for changes outside the original scope may incur additional charges.
7. Intellectual Property Rights
Ownership of Client Content:
The Client retains all rights to the content provided for inclusion in the website, including photographs, text, and other materials.
Ownership of Deliverables:
Upon receipt of full payment, the Client shall receive a non-exclusive, perpetual license to use the website design and associated custom elements created specifically for the Client's project.
Retention of Rights by Service Provider:
The Service Provider retains ownership of:
• All pre-existing tools, templates, code libraries, and methodologies
• Generic or reusable code and design elements
• The right to showcase the completed project in portfolios and marketing materials
Third-Party Components:
The website may incorporate third-party software, fonts, or other components subject to their respective licenses. The Client agrees to comply with all applicable third-party license terms.
8. Warranties and Disclaimers
The Service Provider warrants that:
a) The Services will be performed with reasonable skill and care;
b) The website will substantially conform to the agreed specifications;
c) The Service Provider has the right to provide the Services.
EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
The Service Provider does not warrant that the website will be error-free, uninterrupted, or compatible with all devices or browsers. The Service Provider shall not be liable for any issues arising from Client-provided content, third-party services, or factors beyond its reasonable control.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
a) The Service Provider's total aggregate liability arising out of or in connection with these Terms shall not exceed the total amount paid by the Client for the Services.
b) In no event shall the Service Provider be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, or business opportunities, regardless of whether such damages were foreseeable or whether the Service Provider was advised of the possibility of such damages.
c) The limitations of liability set forth in this section shall not apply to liability arising from gross negligence (colpa grave) or willful misconduct (dolo) as defined under Italian law.
10. Indemnification
The Client agrees to indemnify, defend, and hold harmless the Service Provider, its officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:
a) The Client's breach of these Terms;
b) The Client's violation of any applicable law or regulation;
c) The Client's content or its use;
d) Any claim that the Client's content infringes upon any third-party intellectual property or other rights.
11. Termination
Either party may terminate these Terms:
a) For convenience, by providing thirty (30) days' written notice;
b) For cause, if the other party materially breaches these Terms and fails to cure such breach within fifteen (15) days of receiving written notice.
Upon termination by the Client for convenience, the Client shall pay for all Services rendered up to the date of termination. No refunds shall be provided for deposits or payments for Services already performed.
Upon termination, the Service Provider may, at its discretion, delete all Client data and website files after providing reasonable notice.
12. Hosting and Domain
The hosting period is twelve (12) months from the date of website launch. Prior to expiration, the Client will be notified of renewal options and associated fees.
Domain Registration:
The Service Provider will register one domain on behalf of the Client. The domain shall be registered in the Client's name where possible. Domain availability is not guaranteed and is subject to third-party registrar policies.
Renewal:
If the Client does not renew hosting services, the website will be taken offline. The Service Provider is not responsible for data loss resulting from non-renewal.
13. Data Protection
The Service Provider shall process personal data in accordance with its Privacy Policy and applicable data protection laws, including the GDPR and Italian data protection legislation. The Client acknowledges that they have read and understood the Privacy Policy.
Where the Service Provider processes personal data on behalf of the Client, a separate Data Processing Agreement may be required.
14. Force Majeure
Neither party shall be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from Force Majeure events, including but not limited to natural disasters, acts of war or terrorism, pandemics, government actions, or failure of third-party services. The affected party shall promptly notify the other party and use reasonable efforts to mitigate the effects of the Force Majeure event.
15. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of Italy.
Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of [Insert City], Italy.
The parties agree to attempt to resolve any disputes through good faith negotiations before initiating legal proceedings. Nothing in this clause shall prevent either party from seeking injunctive or other equitable relief from a court of competent jurisdiction.
16. Miscellaneous
Entire Agreement: These Terms, together with any proposals, orders, or other documents expressly incorporated herein, constitute the entire agreement between the parties.
Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
Waiver: No waiver of any provision shall be effective unless in writing and signed by the waiving party.
Assignment: The Client may not assign these Terms without the prior written consent of the Service Provider.
Notices: All notices shall be in writing and sent to the email addresses provided by the parties.
17. Contact Information
For questions or concerns regarding these Terms, please contact:
Tailored Vows
Email: legal@tailoredvows.com
By engaging our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.