TERMS &
CONDITIONS

LEGAL DISCLAIMER

The information and materials on this website are provided for general informational purposes only. Any statements made on this website are not intended to convey any warranty, express or implied, regarding the services provided by the company and should not be relied on as a guaranty of performance. No contractual relationship is created by viewing this website or submitting information through the contact form on the website. The testimonials provided on this site are quotes from actual clients. We do not warrant or represent that your experience with our company will be identical or that you will experience similar results.

TERMS & CONDITIONS

Terms and Conditions

Web Site Design and Development

Fortress Consulting LLC ("Developer/ Designer") agrees to be contracted for the development of a third-party website (the "Website") under the following terms and conditions in accordance with the proposal agreed in writing between the parties (the “Proposal”). Once the Proposal document (the “Agreement”) is signed and a deposit is paid, the Website shall be developed by the Developer for the client ("Client").

1. The Project

1.1. In consideration of the Client paying the Developer the relevant fees (as set out in the Project Proposal), the Developer shall: (a) Develop the Website in accordance with the Client Requirements set out in the Project Proposal on behalf of the Client (the “Project”); and (b) Where agreed between the parties, provide additional services to the Client.

1.2. The Project Specification is detailed in the Project Proposal document.

1.3. Any amendments or variations to the Project Specification must be made in writing and agreed between the Parties. If one Party does not agree with the proposed amendment or variation, the Parties shall meet and discuss the proposed changes in good faith. Where any changes to the Project Specification result in additional expense to the Developer over and above the Fees outlined in the Proposal, the Developer shall be entitled to charge the Client for the additional expenses at its standard rates from time to time.

2. Delivery and Acceptance

2.1. Upon completion of the Project, the Client shall make full payment of the fees to the Developer, after which the Developer shall make live or deploy the completed Website to the Client’s hosting server.

2.2. If the Client requires the completed Website to be loaded onto third-party hosting services provided by the Client, the Developer reserves the right to charge additional fees to the Client for this service. The Client is responsible for ensuring that the intended file server or disk space is properly configured.

2.3. Once the Developer has delivered the Website to the Client, the Client shall have a period of 14 working days (the “Acceptance Test Period”) to test the Website to ensure it conforms to the Project Specification (the “Acceptance Test”). Acceptance of the Website may only be withheld by the Client if it can demonstrate that the Website does not conform materially to the Project Specification. Upon completion of the Acceptance Test, the Client shall confirm to the Developer that the Project is complete (the “Project Release”).

2.4. Acceptance of the Website shall be deemed to have taken place upon the occurrence of any of the following events: (a) The expiry of the Acceptance Test Period and the Client has not raised with the Developer any material differences between the Website and the Project Specification; or (b) The Client uses any part of the Website other than for test purposes.

2.5. Upon receipt of the Project Release or deemed acceptance, the Developer shall have no further obligations to undertake any work in relation to the Project. The Client may, however, request that the Developer undertake further work relating directly or indirectly to the Project. If it agrees to undertake such work, the Developer reserves the right to charge the Client for any additional work carried out at its commercial rate at that time.

3. Delivery of Content, Materials, and Feedback

3.1. The Client undertakes to deliver to the Developer all content, data, images, and other information, including all trademarks, trade names, logos, and other branding of the Client (the “Customer Content”) required for the Project.

3.2. The Client acknowledges that the Developer’s ability to complete the Project is dependent upon the full and timely cooperation of the Client and the Client undertakes to notify the Developer promptly in writing of any delays in delivering the Client Content or specification input. Where the Client has notified the Developer of any delay, the Client will provide the Developer with a revised timetable for supplying such Client Content or input.

3.3. The Developer will not be responsible for any delays, missed milestones (where specified in the Project), or additional expenses incurred due to the late delivery or non-delivery of the Client Content or input where required by the Developer for the Project.

4. Fees and Payment

4.1. The Client will pay the Project fees set out in the Project Proposal’s Payment Schedule (the “Fees”) to the Developer.

4.2. Notwithstanding any specific payment milestones set out in the Project Specification, the Fees shall be payable by the Client in the following installments: (a) 50% of the Fees estimated in the Proposal to be paid at least 5 days before commencement of the Project by the Developer; (b) The remainder of the Estimated Fees to be paid on completion (before or on go-live); and (c) Any outstanding balance of the development Fees to be paid no later than 10 days after the expiry of the Acceptance Test Period.

4.3. All Fees payable are inclusive of VAT unless the Client provides written evidence of VAT exemption.

4.4. The Client shall make all payments due in full without any deduction, whether by way of set-off, counterclaim, discount, abatement, or otherwise.

4.5. Without prejudice to any other right or remedy that the Developer may have, if the Client fails to pay the Fees on the due date, the Developer may, at its option: (a) Claim interest at its discretion on any unpaid amounts under the Late Payment of Commercial Debts (Interest) Act; (b) Suspend the Project until payment has been made in full; (c) Disable the Website in whole or in part until payment has been made in full; or (d) Terminate this Agreement immediately upon notice.

4.6. All invoices are sent to the Client via email to the Client’s specified email address. The Client will notify the Developer of any changes to the invoicing address.

4.7. The Developer will return the deposit to the Client if the Project does not proceed on account of the Developer. If works have already commenced and the contract is canceled by the Client, the deposit will be returned minus costs for works completed.

5. Intellectual Property Rights

5.1. The Client grants to the Developer a non-exclusive, revocable, royalty-free license to use and reproduce the Client Content solely for the purpose of performing its obligations under this Agreement.

5.2. Upon full payment, the website design, software, and coding produced by the Developer in respect of the Website (excluding any Client Content) (the “Developer Materials”) will be licensed to the Client under our End-User-License-Agreement unless otherwise agreed within the signed proposal.

5.3. The Client undertakes not to access, modify, or alter all or part of the Developer Materials with a view to creating a separate website or licensing the Website to a third party or diminishing the design and function of the Website without the prior written consent of the Developer.

5.4. The Developer can register and renew domain names on behalf of and as requested by the Client. Fees and expenses incurred in registration and/or renewal will be included as part of the Fees. On payment of the Fees and delivery of the Project Release by the Client, the Developer undertakes to transfer all registration details for the Website, including but not limited to technical and administrative details, to the Client if requested.

6. Warranties

6.1. Each party warrants that it has full power and authority to enter into and perform this Agreement.

6.2. The Developer warrants that it will perform its obligations under this Agreement with reasonable skill, care, and diligence and that the Client’s use of the Developer Materials will not infringe any third-party intellectual property rights.

6.3. The Client warrants that it, or its licensors, is the owner of any intellectual property rights in the Client Content and that the Client has authority to use the Client Content in relation to the Website and that the Developer’s use of the Client Content in accordance with this Agreement will not infringe any third-party intellectual property rights.

6.4. The Client confirms that, to the best of their knowledge and belief, the Client Content does not contain anything which may reasonably be considered blasphemous, defamatory, or obscene and does not breach any applicable law or regulation.

6.5. Save as expressly provided in this Agreement, all warranties, conditions, or other terms implied by statute, common law, or otherwise are excluded.

7. Indemnities and Limitation of Liability

7.1. Nothing in this Agreement shall exclude or restrict the liability of either Party to the other Party for death or personal injury resulting from negligence, for liability for fraudulent misrepresentation, or for any other liability which cannot be excluded by applicable law.

7.2. Subject to clauses 7.1 and 7.4, neither Party shall be liable, whether in contract, tort (including negligence), statutory duty, or otherwise, under or in connection with this Agreement for any loss of revenue, loss of actual or anticipated profits, loss of business, loss of operating time or loss of use, loss of opportunity, loss of reputation, loss of, damage to or corruption of data, or any indirect or consequential loss or damage howsoever caused.

7.3. Notwithstanding clause 7.2 above, the Developer shall have no liability for any loss or damage caused to the Client due to: (a) Any network failure and/or inability on the part of the Client to access the Website due to a problem with the Internet and/or any telecommunications network; (b) Any viruses, worms, Trojan horses, or other similar devices.

7.4. The Client shall indemnify and keep the Developer fully indemnified against any and all third-party claims of infringement of intellectual property rights affecting the Client Content or the Hosting Services.

7.5. The aggregate liability of the Developer under this Agreement shall in no event exceed €250.

7.6. Notwithstanding clause 7.5 above, the total aggregate liability of

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Policy & Procedure​​

Network Management Practices

Fortress Consulting LLC partners with leading internet service providers to offer business clients a variety of internet access options and hosted network solutions. While Fortress Consulting does not host or operate its own network, the following principles apply to all internet traffic provided through our partner networks:

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• Bandwidth Availability: Our partners ensure bandwidth availability through multiple dedicated and diverse internet backbone connections, with capacity exceeding measured peak demand. Fortress Consulting does not impose bandwidth limits on its customers.

• Traffic Management: Except as part of a managed service, our partners do not block or rate-control specific protocols or ports, modify protocol fields in ways not prescribed by protocol standards, or otherwise inhibit or favor certain applications or classes of applications.

• Privacy: Except as required by law, our partners do not inspect customer internet traffic or store customers' internet access history.

• Equipment Compatibility: Our partners do not prohibit the use of any network-compatible equipment.

• Pricing: Pricing for internet access varies based on the access method and term commitment selected by the customer and is billed monthly.

Dedicated Internet Access

Fortress Consulting offers dedicated internet access circuits through its partners, providing fixed bandwidth connections between a customer’s location and the internet. Internet access speeds range from T1 (1.544 Mbps) to GigE (1,000 Mbps) data rates.

Hosted Network Solutions

Internet access is also provided in conjunction with other hosted network solutions, including hosted Multiprotocol Label Switching (MPLS) networks and Private Branch Exchange (PBX) voice products. Network configurations and access methods are custom-designed for each customer. Internet access speeds are governed by the method of access and may be managed at the customer's option in the following ways:

• MPLS Networks: Our partners offer MPLS networks, allowing customers to prioritize data packet transmission among customer sites, giving first priority to voice and other real-time data.

• Bandwidth Allocation: Customers can allocate a portion of available bandwidth to internet traffic, dedicating the remaining bandwidth to other services, including hosted PBX products. Internet access speeds will be limited to the bandwidth dedicated to that service.

The performance of internet access through our partners' networks may be affected by various factors beyond Fortress Consulting's control, including:

• Bandwidth Usage: The shared nature of the office environment where multiple users may be accessing the internet or other network resources simultaneously.

• Computer Performance: Factors such as the age, processing and memory resources of an end-user’s computer, the operating system, the number of running applications, and the presence of viruses or other unwanted programs.

• Local Network Configuration: The connection between an end-user’s computer and the router or modem controlling access to the network, including potential limitations of wireless connections.

• Distance and Path of Data Packets: The round trip time of packets between an end-user’s computer and the final internet destination, including the quality of networks in the transmission path.

• Congestion or High Usage Levels: At the destination website or network, potentially affecting an end-user’s connection.

• Website Limitations: Many websites limit download speeds to control traffic or performance, which affects the end-user’s connection speed.

• Customer Premise Equipment: Router performance and other interfaces like firewalls at the customer’s premises that may reduce access speeds.

Third-Party Internet Access Products

Fortress Consulting provides internet access products from third parties through wholesale and resale relationships, which may have differing network management practices. Fortress Consulting will refer customers to the applicable provider’s policy upon request and reserves the right to change underlying providers without notice.

Redress Options

Fortress Consulting aims to address questions about your service promptly. For customer care, billing, sales, or maintenance matters, please use the contacts provided on our contact page. Address any questions or concerns regarding this disclosure to legal@fortressconsulting.com, using the subject line “Network Management Policy.”

Internet Service Options

Fortress Consulting provides various broadband alternatives to meet business internet access needs. Partnerships with broadband providers across the country enable Fortress Consulting to manage these services on behalf of customers, with internet access speeds ranging from 1.5 Mbps to 1,000 Mbps.

Broadband services include:

• Digital Subscriber Line (DSL): Internet access over traditional copper phone lines with speeds typically ranging from 500 Kbps to 15 Mbps.

• Cable Modem Service: Broadband service using coaxial cables with speeds generally ranging from 1.5 Mbps to 100 Mbps.

• Fiber-Based Solutions: High-speed data transmission surpassing DSL or Cable Modem speeds, available only in areas with fiber networks.

• Fixed Wireless Broadband: Internet access through radio waves, mainly used in rural areas with speeds generally ranging from 5 Mbps to 50 Mbps.

• Line of Sight Broadband: Data transmission where transmit and receive stations are in view without obstacles, including microwave and satellite transmission.

For detailed pricing and availability, refer to the respective provider websites.

For further assistance, contact Fortress Consulting LLC through our provided customer care channels.