COPYRIGHT AND TRADEMARKS
The 'Client' represents to 'Webmaster' and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to 'Webmaster' for inclusion in the website are owned by the 'Client', or that the 'Client' has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend 'Webmaster' from any claim or suit arising from the use of such elements furnished by the 'Client'.
'Webmaster' guarantees that any text, graphics, photos, designs, trademarks or other artwork has received the proper rights and/or licenses to be used on the website. It won't be used or sold to any external party without authorization. It is agreed by both 'Client' and 'Webmaster' that such a statement shall remain on the website so long as the graphical element remains. Under no circumstances shall these elements be used in any other media or marketing outside the website, unless 'Client' gives direct authorization to ‘Webmaster’.
DELIVERY TIMEFRAME
Usually the website updates would be done in 24-48 hours from the day ‘Webmaster’ receives an email from the client. This timeframe doesn’t include any public holidays, weekends, and after-hours.
DESIGNING REJECTION
Rejection of designing fees will be 50% of total designing fees. Reasonable efforts by ‘Webmaster’ to satisfy ‘Client’ will be made; however, work already performed must be compensated for.
LIABILITY
In the event that 'Client' or another agent acting on behalf of the 'Client' accesses files and disrupts the layout or functionality of the website, 'Webmaster' can work to get the website back up and running at the regular weekly basis.
During the duration of this contract, the ‘Client’ agrees that ‘Webmaster’ will be the sole provider of maintenance services for the website, and no other party will have access to or rights to change the website. If a party other than Company/Developer makes changes to the website, any errors that are created must be repaired and will be charged for at the hourly rate specified above.
LAWS AFFECTING ELECTRONIC COMMERCE
The 'Client' agrees that the 'Client' is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend 'Webmaster' and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the ‘Client’s' use of Internet electronic commerce.
INTERNET ETIQUETTE
'Webmaster' is a developer of ethical websites. As such, 'Webmaster' will not design, promote, or attach links to any site that includes adult content, nudity, obscene language, or that encourages or promotes intolerance or discrimination of or towards people or peoples of any race, color, sex, creed, or religion. Nor will 'Webmaster' design, promote, or attach links to any site that advocates, encourages, or practices the exploitation of any group or groups in society, including, and in particular, children, the elderly, or the disadvantaged. Unless anything is provided by ‘Client’.
CONFIDENTIALITY
‘Webmaster’ may, during the course of providing services hereunder or in relation to this contract, have access to and acquire knowledge regarding materials, data, systems, and other information of or with respect to ‘Client’ which may not be accessible or known to the general public. Any knowledge acquired by ‘Webmaster’ from such materials shall not be used, published, or divulged by ‘Webmaster’ to any person, firm, or outside source without the express written consent of ‘Client’.
Payment Terms & Debt Recovery
Payment for website maintenance services must be made by the client within the agreed payment period as outlined in the invoice.
In the event that payment is not received by the due date, the service provider (hereafter referred to as “the Webmaster”) reserves the right to take the following actions:
- A reminder and/or final notice will be sent to the ‘Client’ regarding the outstanding amount.
- If payment remains unpaid after 30 days from the due date, the ‘Webmaster’ may refer the unpaid amount to a registered debt collection agency for recovery.
- The client will be liable for any additional costs incurred in the process of recovering the outstanding debt, including but not limited to collection agency fees, legal fees, and administrative charges.
- The ‘Webmaster’ also reserves the right to suspend or terminate website maintenance services until full payment has been received.
CANCELLATION
This contract will be valid for 12 months from the date of signature or until such time as ‘Client’ sends written notice of cancellation to ‘Webmaster’. This contract may be cancelled in writing at any time by ‘Client’.
For cancellation of WEBSITE MAINTENANCE SERVICES at no fault of ‘Webmaster’, Webmaster is not liable to refund any amount for the Website Maintenance Contract and if there are any amount dues by the ‘Client’ it needs to be paid as per pro-rata basis for the remaining terms of the website maintenance services.
In any case if the ‘Webmaster’ wishes to cancel the WEBSITE MAINTENANCE SERVICES then ‘Webmaster’ needs to hand over the entire website project - including the source files to the ‘Client’ and refund the remainder amount to the ‘Client’.
For cancellation of MONTHLY DESIGNING SERVICES at no fault of 'Webmaster', No refunds would be made.