1. STANDARD TERMS AND CONDITIONS
These are the standard terms and conditions for Website Design and Development and apply to all contracts, and Nevina Infotech undertakes all work for its clients.
2. OUR FEES AND DEPOSITS
A 50% or upon any amount which we decide mutually with a client which they deposit of the total fee payable under our proposal is due immediately upon you instructing us to proceed with the website design, web application, mobile application development or any custom software development. The remaining 50% or any decided percentage mutually agreed shall become due when the work is completed to your reasonable satisfaction but subject to the terms of the “approval of work” and “rejected work” clauses. We reserve the right not to commence any work until the deposit has been paid in full.
The 50% deposit is only refundable if we have not fulfilled our obligations to deliver the work required under the agreement. For example, the deposit is not refundable if the development work has been started and you terminate the contract through our fault.
3. SUPPLY OF MATERIALS
You must supply all materials and information required by us to complete the work under 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, we have the right to extend any previously agreed deadlines by a reasonable amount.
Where you fail to supply materials, which prevents the work's progress, we have the right to invoice you for any part or parts of the work already completed.
We are pleased to offer you the opportunity to make revisions to the design. However, we have the right to limit the number of design proposals to a reasonable amount. We 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 significant deviation from the specification will be charged at the rate of $100.00 per hour.
5. PROJECT DELAYS AND CLIENT LIABILITY
Any time frames or estimates that we give are contingent upon your full co-operation and complete and final content in photography for the work pages. Additionally, during development, there is a certain amount of feedback required to progress to subsequent phases. Therefore, a single point of contact must be appointed from your side and be made available daily 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 work that 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 considered to have been completed, and the 50% or any amount of percentage balance of the project price will become due.
7. REJECTED WORK
Suppose you reject any of our work within the 7-day review period or do not approve subsequent work performed by us to remedy any points recorded as unsatisfactory. We, acting reasonably, consider that you have been unreasonable in any rejection of the work. In that case, we can elect to treat this contract at an end and take measures to recover payment for the completed work.
Upon completing the 7-day review period, we will invoice you for the 50% or any amount or percentage balance of the project.
9. WARRANTY BY YOU AS TO OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS
You must obtain all necessary permissions and authorities regarding the use of all copies, graphic images, registered company logos, names and trademarks, 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.
Once you have paid us in full for our work, we grant you a license to use the website and its related software and contents for the life of the website.
11. SEARCH ENGINES
We do not guarantee any specific position in search engine results for your website. We perform basic search engine optimisation according to current best practices.
12. CONSEQUENTIAL LOSS
We 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.
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 we provide to you are excluded. Without limiting the above, to the extent permitted by law, any liability of Nevina infotech 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 we were contracted to perform.
We reserve the right to subcontract any services we have agreed to perform for you as we see fit.
We (and any subcontractors we engage) agree that we will not at any time disclose any of your confidential information to any third party.