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Site Solutions will endeavor to operate in a fair and reasonable manner at all times and it is part of our ethos to ensure wemaintain a great relationship with our clients. It is, however, important to agree to certain contractual aspects in order to protectboth parties. By undertaking a Website design project, with Site Solutions, you are agreeing to the following terms and conditions.
We hate spam just as much as you do. We will never share your information with third parties unless required to do so by law or requested by you.The information we collect from you will be used to maintain your services with us and to represent the quality of our work to others, such asin our online portfolio.
The parties intend that an independent contractor relationship will be created by this contract, and that no partnership, joint venture oremployee/employer relationship is intended or implied.
Site Solutions cannot always guarantee to start work immediately on a project, but will arrange a date with the client as to when work can commence.
The project will be run according to Site Solutions ‘s Project Process. A simple guide to this process can be found at Web Design Process.
If Site Solutions has produced a proposal document for the project, then Site Solutions will commence work at once, provided you supply us with:
Final data, information, logos, designs, graphic and related materials to be incorporated into the Web solution ready for publication, prior tothe design call. Any further material supplied at a later date may incur an additional charge.
Pay the 50% deposit prior to the design call Where applicable, comply with all the terms of the Web hosting agreement.
Should you decide to make design changes once the concept has been signed off, Site Solutions may quote for an additional charge.
During the Web Site Development Cycle Site Solutions may at intervals place versions of the client’s Web site on one of Site Solutions’sdemonstration servers so that the client may view and comment upon the Web site’s progress, and approve design concepts and prototypes.When both Site Solutions and the client agree that the Web site meets the criteria agreed during the projecting process, Site Solutions willinvoice the client for the remainder of the amount due for the project. At Site Solutions’s discretion, Site Solutions may choose to delaypublishing some clients Web sites until full payment for the Web design project has been received.
You will conduct the acceptance tests on the deliverables within 2 weeks from installation to ensure that they perform in accordance withthe proposal. If a deliverable does not pass the acceptance test, we will correct the failure. You will then repeat the acceptance test.Such processes shall continue until the relevant deliverable passes the acceptance test.
If during the project process you request additional or changed functionality/content from the deliverables outlined in the specificationor proposal, then Site Solutions will provide a time plus materials quote which will be in addition to the cost from the Web project.
All material, both text and images, supplied by the client and used in the construction of the client’s Web site, will remain the client’sproperty. All such material will be assumed to be the property of the client and free to use without fear of breach of copyright laws.
The copyright for all material provided by Site Solutions, such as HTML code, graphics, photographs and text, but excluding softwarecode, will remain the property of Site Solutions until such time as Site Solutions receive full payment, whereupon they will becomethe property of the client.
All software code provided as a part of the Web site will remain at all times the property of Site Solutions. The client will begranted a single use, single site, source code license to the software code. The client may not sell or redistribute the softwarecode. The client may not use the software code in more than one installation. The client will be given access to the source codeand may take the code to another developer for purposes of maintaining or extending the system.
The parties acknowledge that Site Solutions may accept jobs from other clients to develop Web solutions with the same or similarfunctionality to the Web solution, and that Site Solutions may replicate and exploit all techniques, structures, designs andindividual modules of program code used in the creation of the Web solution.
An invoice for 50% of the price for the project will be provided on acceptance of the proposal. This invoice must be paid before the projectcan commence.
Once the project is complete and approved by the client the final 50% will be invoiced. Payment for this invoice shall be made within 7days of the date of issue of the invoice unless otherwise arranged.
If you are responsible for withholding information for completion, the Web site is then deemed payable in full after 30 days from theinitial start date.
If we are forced to hand your account over to a debt collection agency for collection you will be liable for any collection costsincurred.
Site Solutions provides maintenance services for its clients; however, any maintenance or updates are outside the scope of the designproject. When updates are required, Site Solutions will provide time and materials based quotes for this work. If a Web site developmentagreement has been signed then clauses relating to support services will be applicable.
Either party may terminate the agreement on 7 working days’ written notice to the other party.
Site Solutions reserves the right to cease immediately without liability to provide the service and to terminate this agreement if you should gointo liquidation or bankruptcy, or if you fail to meet any obligation in accordance with this agreement.
If at any point during the WebSite Development Cycle a client wishes to cancel, they may do so but will be invoiced an amount that Site Solutionsjudges to be proportional to the amount of work completed on the project.
If the total amount of work completed equals less than the 50% deposit paid by the client, Site Solutions will refund the portion of payment notused. If the total amount of work completed is more than the first 50% invoiced, Site Solutions has the right to invoice the extra hours completed.
We may assign or transfer our rights and responsibilities under this contract to another party.
We may also subcontract the performance of any of our responsibilities under this contract to another party.
You may not assign or transfer any of your rights or responsibilities under this contract to anyone else without our prior written consent.
You agree that Site Solutions will not be liable for any indirect or consequential damages, including but not limited to, loss of profits or forany claim made on the client by any other party, even though Site Solutions may have been notified of such damage or claims.
We shall not be liable to you for any loss or damage directly or indirectly arising out of or in connection with any delay in delivery of thegoods or failure to perform its obligations under this agreement where such delay is caused directly or indirectly by an act of God, armed conflict,labour dispute, civil commotion, intervention of a government, inability to obtain labour, materials or manufacturing facilities, accidents,interruptions of, or delay in, transportation or any other cause beyond our control.
You agree to defend, indemnify and hold us harmless from and against any and all claims, losses, liabilities and expenses (including attorneys’fees) related to or arising out of the services provided by us to you under this agreement, including without limitation claims made by thirdparties (including your customers) related to any false advertising claims, liability claims for products or services sold by you, claims forpatent, copyright or trademark infringement, claims due to disruption or malfunction of services provided hereunder (including malfunction ofWeb site/Software or Internet), or for any content submitted by you for publication by us.
If, despite the other provisions of this agreement, Site Solutions is found to be liable to you then its liability for any single event orseries of related events is limited to the fees.
Due to the public nature of the Internet, all material submitted by you for publication will be considered publicly accessible. Site Solutionsdoes not screen in advance customer material submitted to Site Solutions for publication. Site Solutions’s publication of material submitted bycustomers does not create any express or implied approval by Site Solutions of such material, nor does it indicate that such material complieswith the terms of this agreement.
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