Web Services Terms and Conditions
These are the standard terms and conditions for web services (“Services”) and apply all work orders undertaken by Itec Media LLC (“Itec”,”we”,”our”) for its clients (“Client”,”you”,”your”).
Definitions
Client means the company, firm or person requesting services of Itec; Web services means any services Itec provides to the Client under, or in connection with, this Agreement as requested in writing, in person or over the phone. Web services include any project, task or request ordered from us. It includes web design and development projects, change orders, add-ons, side projects, small tasks and updates.
1. Acceptance
It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If you accept an estimate, then you will be deemed to have satisfied yourself as to the terms applying and have accepted these terms and conditions in full. Please read these terms and conditions carefully. Any purchase, order or use of our services implies that you have read and accepted our terms and conditions.
2. Estimates and Deposits
Estimates for services to be provided by Itec are defined in an email sent to the Client. Estimates are valid for a period of 30 days. Itec reserves the right to alter or decline to provide an estimate after expiry of the 30 days.Unless agreed otherwise with the Client, all website development services require an advance payment of a minimum of 40% of the project high-end estimate total before any work is started. Larger projects may be divided into smaller milestone payments as outlined by us. Final payment will always be due prior to upload to server, making changes live or release of materials. Itec reserves the right not to commence any work until the deposit has been paid in full. Itec reserves the right not to handover work until the total been paid in full.
3. Supply of Materials
Clients must supply all materials and information required by Itec to complete the work in accordance with any agreed specification. Such materials may include, but are not limited to, photographs, written copy, logos and other printed material. Where there is any delay in supplying these materials to us which leads to a delay in the completion of work, Itec has the right to extend any previously agreed deadlines by a reasonable amount.Text material must be supplied in fully editable work format (.doc,.pdf,.txt, email text). We do not accept brochures, faxes, posters or non-editable text.Where you fail to supply materials, and that prevents the progress of the work, we have the right to invoice you for any part or parts of the work already completed.
4. Variations
Itec is pleased to offer you the opportunity to make revisions to mock-ups and design work. However, we have the right to limit the number of design proposals to a reasonable amount and may charge for additional designs if you make a change to the original design specification.Our website development phase is flexible and allows certain variations to the original specification. However any major deviation from the specification will be charged at the rate of $95.00 per hour.
5. Project Delays and Client Liability
Any time frames or estimates that Itec provides are contingent upon your full co-operation and complete and final content required for the work. During development there is a certain amount of feedback required in order to progress to subsequent phases. It is required that a single point of contact be appointed from your side and be made available on a daily basis in order to expedite the feedback process.
6. Approval of Work
On completion of the work you will be notified and have the opportunity to review it. You must notify us in writing of any unsatisfactory points within 7 days of such notification. Any of the work which has not been reported in writing to us as unsatisfactory within the 7-day review period will be deemed to have been approved. Once approved, or deemed approved, work cannot subsequently be rejected and the contract will be deemed to have been completed and the 50% balance of the project price will become due.
7. Rejected Work
If you reject any of our work within the 7-day review period, or not approve subsequent work performed by us to remedy any points recorded as being unsatisfactory, and Itec, acting reasonably, consider that you have been unreasonable in any rejection of the work, we can elect to treat this contract as at an end and take measures to recover payment for the completed work.
8. Payment
Upon completion of the 7-day review period, Itec will invoice you for the remaining balance of the project.
9. Warranty by You as to Ownership of Intellectual Property Rights
Client must obtain all necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names and trade marks, or any other material that you supply to us to include in your website or web applications.You must indemnify us and hold us harmless from any claims or legal actions related to the content of your website.
10. Licensing
Once you have paid us in full for our work, we will grant to you a license to use the website and its related software and contents for the life of the website.
11. Search Engines
Itec does not guarantee any specific position in search engine results for your website. We do perform basic search engine optimization according to current best practices. Advanced search engine optimization is available as a completely separate project, quoted separately.
12. Consequential Loss
Itec shall not be liable for any loss or damage which you may suffer which is in any way attributable to any delay in performance or completion of our contract, however that delay arises.
13. Disclaimer
To the full extent permitted by law, all terms, conditions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise (other than the express provisions of these terms and conditions) relating in any way to the services Itec provides to you are excluded. Without limiting the above, to the extent permitted by law, any liability of Itec under any term, condition, warranty or representation that by law cannot be excluded is, where permitted by law, limited at our option to the replacement, re-repair or re-supply of the services or the payment of the cost of the services that Itec contracted to perform.
14. Subcontracting
We reserve the right to subcontract any services that we have agreed to perform for you as we see fit.
15. Non-Disclosure
We (and any subcontractors we engage) agree that we will not at any time disclose any of your confidential information to any third party.
16. Additional Expenses
You agree to reimburse us for any requested expenses which do not form part of our proposal including but not limited to the purchase of templates, third party software, stock photographs, fonts, domain name registration, web hosting or comparable expenses.
17. Backups
You are responsible for maintaining your own backups with respect to your website and we will not be liable for restoring any client data or client websites except to the extent that such data loss arises out of a negligent act or omission by us.
18. Ownership of Domains and Web Hosting
We will supply to you account credentials for domain name registration and/or web hosting that we purchased on your behalf when you reimburse us for any expenses that we have incurred.If you are hosting with a third party web host, we are not responsible for website performance or any issues that arise due to a faulty hosting environment.If you are not on a designated website maintenance plan, we are not responsible for your website files. Please sign up for a web maintenance plan to minimize risk and future issues.We register domains at cost. Domain transfers are $75 flat, 3 - 4 business days.
19. Governing law
The agreement constituted by these terms and conditions and any proposal will be construed according to and is governed by the laws of Delaware, USA. You and Itec submit to the non-exclusive jurisdiction of the courts in and of Delaware, USA in relation to any dispute arising under these terms and conditions or in relation to any services we perform for you.
20. Cross Browser Compatibility
By using current versions of well supported content management systems such as “Wordpress”, we endeavour to ensure that the web sites we create are compatible with all current modern web browsers such as the most recent versions of Internet Explorer, Firefox, Google Chrome and Safari. Third party extensions, where used, may not have the same level of support for all browsers. Where appropriate we will substitute alternative extensions or implement other solutions, on a best effort basis, where any incompatibilities are found.
21. eCommerce
You are responsible for complying with all relevant laws relating to e-commerce, and to the full extent permitted by law will hold harmless, protect, and defend and indemnify Itec and its subcontractors from any claim, penalty, tax, tariff loss or damage arising from your or your clients’ use of Internet electronic commerce.
22. Project Access
Itec is not responsible for anything that happens to Client’s website if Client or 3rd Party has admin, ftp or back-end access to the project. Itec cannot accept responsibility for any alterations caused by a third party occurring to the Client’s website once installed. Such alterations include, but are not limited to additions, modifications or deletions. This includes websites that are under a Maintenance Plan.
IMPORTANT
Itec does not warrant that the client’s website will continue to function uninterrupted or error free in perpetuity without the proper web maintenance plan recommended for your particular project. Itec makes no representation or warranty regarding accessibility to, or the privacy or security of, any of the customer’s information, files or data, or any client materials or content.The client assumes the entire risk as to the results and performance of the website. The client is responsible for making site backups and will not hold the Itec liable for loss of files or data. Itec does not represent or warrant that the client’s website will be capable of achieving any particular result or results in the client’s business or operations.