This Services Agreement (the "Agreement") contains the complete terms and conditions which govern your subscription of Website Design, Development and other Internet-related services provided by iDevelop PRO(the "Services"). As used in this Agreement, "We", "Company" or "us" means iDevelop PRO and "Client", "you", or "your" means you. You acknowledge that you have read the Agreement, and you agree to its terms and conditions.
The following terms and conditions apply to all website development / design services provided by iDevelop PRO to the Client.
1. Acceptance
It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.
Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.
2. Charges
Charges for services to be provided by iDevelop PRO are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 30 days. iDevelop PRO reserves the right to alter or decline to provide a quotation after expiry of the 30 days.
Unless agreed otherwise with the Client, all website development services require an advance payment of a minimum of fifty (50) percent of the project quotation total before the work is supplied to the Client for review. The remaining fifty (50) percent of the project quotation total due upon completion of the work, prior to upload to the server or release of materials.
Payment for services is due by cheque or bank transfer. Cheques should be made payable to Rahul Manek. Bank details will be made available on invoices.
3. Client Review
We will provide the Client with an opportunity to review the appearance and content of the website during the design phase and once the overall website development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies us otherwise within ten (10) days of the date the materials are made available to the Client.
4. Permission and Copyright
Copyright of the completed web designs, images, pages, code and source files created by the Developer for the project shall be with the Client upon final payment only by prior written agreement. Without an agreement, ownership of designs and all code is with the Developer.
These terms of use grant a non-exclusive limited license so that the Client can use the design on one website on one domain name only. The Client is not permitted to use a design for more than one website without prior written agreement between the Client and us.
The Client agrees that resale or distribution of the completed files is forbidden unless a prior written agreement is made between the Client and the company.
The Client agrees that we may include development credits and links within any code the Developer designs, builds or amends.
The Client agrees that the Developer reserves the right to include any work done for the Client in a portfolio of work.
5. Material
The Developer reserves the right to refuse to handle:
Any media that is unlawful or inappropriate.
Any media that contains a virus or hostile program.
Any media that constitutes a criminal offence, or infringes privacy or copyright.
6. Domain names and Hosting
We can offer domain name registration and hosting via a third-party service.
The Client should be aware that a domain name is registered with a third party and as such the Client shall agree to fully abide by the terms and conditions set out by the third party for such services.
The Client agrees to take all legal responsibility for use of third-party domain name and hosting services and supply truthful details to the third party services.
The Client agrees that information submitted for registration of domain names is then available to the general public via the Nominet Whois system. However, Clients who are using their website for non-trading purposes may ask the third party registrar for their contact information not to be included in the Nominet Whois system.
The Client is liable to pay us for any domain name registrations and the initial set-up of the hosting if included as part of the website build.
Any support relating to the domain name, hosting and email services are between the Client and the third-party service.
The Client agrees that if at any time their contact details, including email address, change, it is their responsibility to contact the third party and update their contact details. Failure to do so may mean that renewal invoices for the domain name and hosting services are not received by the Client.
Payment for a domain name and hosting services is to be made immediately upon receipt of an invoice from the third party service. Failure to comply with the payment terms may result in the Client's domain name becoming available to another party and/or the website and email services becoming unavailable.
7. Failure to provide required website content
We are a small business, to remain efficient we must ensure that work we have programmed is carried out at the scheduled time. On occasions we may have to reject offers for other work and enquiries to ensure that your work is completed at the time arranged.
This is why we ask that you provide all the required information in advance. On any occasion where progress cannot be made with your website because we have not been given the required information in the agreed time frame, and we are delayed as result, we reserve the right to impose a surcharge.
If you agree to provide us with the required information and subsequently fail to do within two week of project commencement we reserve the right to close the project and the balance remaining becomes payable immediately.
NOTE: Text content should be delivered as a Microsoft Word (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website.
8. Payment
Invoices will be provided by us upon completion but before publishing the live website. Invoices are normally sent via email; however, the Client may choose to receive hard copy invoices. Invoices are due upon receipt.
9. Additional Expenses
Client agrees to reimburse JS-Solutions Networks for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography etc.
10. Web Browsers
We make every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Internet Explorer, Google Chrome, etc.). Client agrees that we cannot guarantee correct functionality with all browser software across different operating systems.
We cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website have been designed and handed over to the Client. As such, we reserve the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.
11. Default
Accounts unpaid fifteen (15) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on our Web space, We will, at its discretion, remove all such material from its web space. We are not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client's account. Cheques returned for insufficient funds will result in the Client's account being immediately be considered to be in default until full payment is received. Clients with accounts in default agree to pay us reasonable expenses, including legal fees and costs for collection by third-party agencies.
12. Termination
Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. Telephone requests for termination of services will not be honoured until and unless confirmed in writing. The Client will be invoiced for work completed to the date of first notice of cancellation for payment in full within thirty (30) days.
13. Projects
The Client agrees that an HTML page built from a graphic design may not exactly match the original design because of the difference between the display in design software and the rendering of HTML code by Internet browser software. We agree to try to match the design as closely as is possible when building the code. During a website project, it is important that the Client communicates with us to achieve the required result.
If the Client requests a design or content alterations to pages that have already been completed, new pages or different functionality other than that specified in the original quotation, we reserve the right to quote separately for these alterations.
Our endeavours to create pages that are accessible to search engines. However, we give no guarantee that the site will become listed with search engines.
Once the project & payment is completed, we will upload the website to the Client's live web address is included as part of a project.
We will keep a copy of the site and design source files when a website project is being worked on. However, the Client agrees that it is their responsibility to have regular backups made by themselves or the third party hosting services in case of a software or hardware failure at the third party hosting servers.
All communications between Company and Client shall be by email or postal mail, except where agreed at our discretion.
14. Accessibility & Web Standards
We tests sites and templates to ensure they comply with WAI accessibility standards to Level A conformance at time of sale. If the Client uses WordPress (and WooCommerce) Themes or Modules, or other CMS systems that are not built by us, the overall page may not meet WAI accessibility standards to Level A conformance.
We tests sites and templates to ensure they comply with W3C CSS standards as they are at the time of sale. Should updated W3C CSS guidelines be introduced after the site or templates were sold to the Client, the Developer reserves the right to quote separately for any additional work needed. If the Client uses WordPress (and WooCommerce) Themes or Modules, or other CMS systems that are not built by us, the overall page may not meet W3C CSS standards.
15. Liability and Warranty Disclaimer
The Client agrees that we are not liable for any bugs, performance issues, virus, trojan, or malware attacks or failure of their WordPress (and WooCommerce) software as WordPress (and WooCommerce) is open-source software distributed under the GPL (GNU General Public License) and is maintained and developed by a community of thousands of users and developers. Any bugs, performance issues or failure with the software will be directed to the WordPress (and WooCommerce) Development community via WordPress (and WooCommerce).org. It will be necessary to regularly update WordPress, WooCommerce, and any plugins (and any other software used in the website). Unless a support contract is opted for by the client then updates are NOT the responsibility of the developer. Therefore we cannot be held responsible for any faults, bugs, viruses, trojans, malware etc., or problems occurring on the site or with the hosting.
If the client chooses not to host the website on our hosting solution then we reserve the right to not upload the website or set-it-up on the clients hosting solution, this will be the sole responsibility of the client. The client will be solely responsible for ensuring the website is functional and secure on their hosting solution. We will in no way be held responsible for the website or any resulting issues. Responsibility for any problems on their hosting solution will lie solely with the client and not us.
The Client agrees that we are not liable for any failure to carry out services for reasons beyond its control, including but not limited to acts of God, telecommunication problems, software failure, hardware failure, third party interference, Government, emergency on a major scale or any social disturbance of extreme nature such as industrial strike, riot, terrorism and war or any act or omission of any third party services.
On handover of files from Company to Client, the Client shall assume entire responsibility in ensuring that all files are functioning correctly before use.
If, after handover of files, errors are found in code we have created and the standard development platform, or the domain name set-up or hosting set-up has been changed, we can correct errors and reserves the right to quote separately for any additional work needed as a result of changes to the browser software, domain name set-up or hosting set-up.
16. Nondisclosure
We and any third party associates agree that, unless directed by the Client, it will not at any time during or after the term of this agreement disclose any confidential information. The Client agrees that it will not convey any confidential information about company to another party unless directed by us.
17. Privacy Policy
We and any third party associates shall use information provided by the Client in relation to this agreement in accordance with the Data Protection Act 1998. This information will also be used to identify the Client in communications with them and to contact the Client from time to time to offer them services or products that may be of interest to or benefit the Client.
18. Interpretation
We reserve the right to terminate a project with a Client at any time without prior notification if it finds the Client in breach of these Terms and Conditions. We shall be the sole arbiter in deciding what constitutes a breach. No refunds will be given in such a situation.
This agreement shall be governed by the laws of India which shall claim venue and jurisdiction for any legal motion or claim arising from this agreement. This agreement is void where prohibited by law.
By accepting a quotation or making a payment of invoice to use the services supplied, the Client acknowledges having read, understand, and accept the Terms and Conditions of this Agreement and agrees to be legally binding by these Terms and Conditions.
We reserve the right to alter these Terms and Conditions at any time without prior notice.