Web Design Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING THIS WEBSITE OR EMPLOYING OUR SERVICES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE
1. STANDARD TERMS AND CONDITIONS
These are the standard terms and conditions for Website Design and Development and apply to all contracts and all work undertaken by Delaney Interactive for its clients.
2. OUR FEES AND DEPOSITS
A 50% deposit of the total fee payable under our proposal is due immediately upon you instructing us to proceed with the website design and development work. The remaining 50% 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. The deposit is not refundable if the development work has been started and you terminate the contract through no fault of ours.
3. SUPPLY OF MATERIALS
You must supply all materials and information required by us 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, we have the right to extend any previously agreed deadlines by a reasonable amount.
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.
We are pleased to offer you the opportunity to revise the design. 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 $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. During development, there is a certain amount of feedback required to progress to subsequent phases. It is required that a single point of contact 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 can review the completed work. 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 we, 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.
Upon completion of the 7-day review period, we will invoice you for the 50% balance of the project.
9. WARRANTY BY YOU AS TO OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS
You must obtain all necessary permissions and authorities in respect of the use of all copy, 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 to 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 optimization in accordance 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 Delaney Interactive 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 that 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.
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.
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 DOMAIN NAMES AND WEB HOSTING
We will supply your 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.
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 The United States. You and Delaney Interactive submit to the non-exclusive jurisdiction of the courts in and of The United States 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 “Joomla”, we endeavor 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.
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 Delaney Interactive and its subcontractors from any claim, penalty, tax, tariff loss or damage arising from your or your clients’ use of Internet electronic commerce.
HARDWARE/SOFTWARE TERMS & CONDITIONS
I (Client) agree to pay Delaney Interactive to repair, analyze and troubleshoot my computer hardware at a rate of $25 per hour (Residential) or $50 per hour (Commercial). Minimum charge is $25 (Residential) or $50 (Commerical). Time is billed to the nearest ¼ hour.
Although Delaney Interactive will do its best to conduct all activities in a timely manner, I understand that troubleshooting issues is a time-consuming process and agree to pay Delaney Interactive for troubleshooting time as necessary.
I also certify that I will indemnify and hold harmless Delaney Interactive for any and all data or software that may be lost or erased, as well as for any consequence of the erasure or loss of that data or software.
Although Delaney Interactive will take every precaution to preserve all data and software on the computer, I acknowledge that occasionally data loss will occur and/or software operation may be compromised.
I further agree to indemnify and hold harmless Delaney Interactive for any and all hardware or software malfunctions or accidents that may occur before, during or after work is performed on Client’s computer, and for any results thereof.
I also certify that I will indemnify and hold harmless and will pay for added support to Delaney Interactive for any software repairs necessary after a virus has been detected and removed off a computer. Viruses in a computer can cause many problems, and it is impossible to control what or how the virus affected the computer before our removal.
Any private information stored on your computer or viewed by Delaney Interactive during a remote support call will be held in strict confidentiality unless disclosure is required by law.
Release of Liability:
CLIENT agrees to release and hold harmless DELANEY INTERACTIVE from any and all liability associated with the performance of service or the provision of parts, and acknowledges also that DELANEY INTERACTIVE offers no explicit or implied warranty or guarantee on services performed or parts provided, other than the manufacturer’s warranty.
1. CLIENT acknowledges that due to the nature of the services being performed, there is potential risk of damage or loss including, but not limited to, damage to CLIENT’s home, office, computer hardware, cabling, hubs, routers, switches, peripherals, accessories, and furniture, as well as potential risk of damage, corruption, or loss of computer software, applications, data, and data storage media.
2. CLIENT agrees to release and hold harmless DELANEY INTERACTIVE from all liability for damage or loss as well as any incidental or consequential material or financial damage or loss that may result from the actions of DELANEY INTERACTIVE.
3. CLIENT grants DELANEY INTERACTIVE access and permission to physically disassemble any and all computer systems, components, networks, cabling, hubs, routers, switches, peripherals, and accessories.
4. CLIENT grants DELANEY INTERACTIVE access, security rights, and permission to open, view, modify, edit, delete, or otherwise manipulate CLIENT’s computer software, applications, data, and data storage media including, but not limited to, the computer Operating System, word processing, spreadsheets, databases, workflow, graphics, audio, video, system drivers and libraries, and any other type of software or data that may be contained on CLIENT’s computer system or network.
5. CLIENT grants DELANEY INTERACTIVE permission to physically access CLIENT’s home or office property where CLIENT’s computer system and/or network resides.
6. CLIENT grants DELANEY INTERACTIVE permission to perform modification to CLIENT’s home or office property for the purpose of installing or troubleshooting computer and/or networking hardware, cabling, hubs, routers, switches or peripherals. Modification may include such practices as drilling through or disassembling furniture, walls, floors, carpet or trim, laying and removing cabling and devices including affixing cabling and devices to furniture, walls, floors, or trim, using nails, screws, staples, hangers, or plastic ties.
7. CLIENT grants DELANEY INTERACTIVE permission to download and/or install software on CLIENT’s computer and/or network, including but not limited to, virus scanners, diagnosis and repair utilities, drivers, libraries, and software requested to be installed by CLIENT.
8. CLIENT grants DELANEY INTERACTIVE permission to install hardware in CLIENT’s computer and/or network, including but not limited to, memory chips, processor chips, cooling fans, batteries, hard drives, tape drives, storage devices, modem and communication devices, audio and video cards, network interface cards, hubs, routers, switches, printers, scanners, cables, and any other hardware requested to be installed by CLIENT.
9. DELANEY INTERACTIVE strongly recommends that CLIENT safeguard critical data by backing up said data prior to any services performed by DELANEY INTERACTIVE. CLIENT is responsible for any backup, archiving, or protective storage as well as restoration if required, of CLIENT’s data.