Web Site Design & Developement - Terms and Conditions
- A 'Client' is a person, persons, business or organisation using any of the services provided by Innovatec UK.
- Innovatec UK requires 50% of the total amount due before starting work on a custom web site design. The remaining balance must be paid upon completion of the project or 90 days after beginning the project, whichever comes first, regardless of project status.
- All content for the web site is to be provided by The Client.
- Innovatec UK will only use materials that are in accordance with copyright laws and The Client will not provide material to Innovatec UK, for use in a web site design that violates such laws.
- Innovatec UK shall not be held liable for the accuracy of any information supplied by The Client and contained in client's website.
- Innovatec UK will be given final approval of a design by the Client before developing the web site. Changes to the design after approval has been given and development has begun are not included in the initial agreement and are therefore billed at an hourly rate.
- Innovatec UK and Client shall agree to a schedule of deadlines before commencing work on a project. Meeting project deadlines will be dependent on the provision of content/information for the project by the Client. Failure by Client to provide content/information promptly will result in the project deadline being re-scheduled.
- The cost estimates agreed upon by Innovatec UK and Client are based on the requirements specified in the accepted proposal. Any change in the requirements or delays in communication will have a direct impact on the cost of the project.
- All payments to Innovatec UK are non-refundable.
- On the agreed completion date or milestone the Client will be invoiced for the agreed fees as detailed in the Proposal.
- In case any invoice is overdue for more than 10 days, Innovatec UK, reserves the right to stop work without any further communication.
- Innovatec UK may hand deliver, post or email all invoices and all invoices are due on presentation.
- Innovatec UK will not give out the Client’s confidential information, including but not limited to names, addresses and trade secrets. Innovatec UK agrees to take reasonable precautions to prevent unauthorized disclosure of confidential information.
- A valid cancellation will take place if the same is communicated in writing (with authorized signature of Client) and is mutually agreed upon or full and final payment having been received by Innovatec UK, with respect to project.
- This Agreement is effective as of the Effective Date and shall continue unless terminated; Innovatec UK may terminate this Agreement after five (5) days' written notice to Client if said Client materially breaches this Agreement, including, without limitation, failure to pay, and fails to cure such breach during such five (5) day period; and (c) upon the termination of this Agreement, the Client will pay Innovatec UK for all services provided to the Client by Innovatec UK, prior to termination.
- Innovatec UK warrants that the web site will conform to specifications or acceptance criteria agreed to by the parties when delivered to the Client and for a period of one (1) year thereafter (the "Warranty Period") and that Innovatec UK, will perform the services in material conformity to the specifications contemplated hereunder in a professional and workmanlike manner. Innovatec UK warranties and representations hereunder will not extend or apply to any web site modified by any party other than Innovatec UK. In the event that the Client discovers an Error in the web site during the Warranty Period, Innovatec UK’s sole responsibility will be to use reasonably commercial efforts to correct such Errors. "Error" means any reproducible error, problem, or defect resulting from (i) an incorrect functioning of the Background Technology that materially affects the functionality of the web site or (ii) any failure of the web site delivered to the Client to materially meet the specifications or acceptance criteria. All warranty claims not made in writing within the Warranty Period shall be deemed waived. Innovatec UK’s warranty obligations are personal to the Client and may not be extended to any third party.
- Except as expressly provided in this Agreement, the services and the Client web sites are provided "as is," and Innovatec UK expressly disclaims all warranties and conditions of any kind, express, implied, or statutory, including, without limitation, the implied warranties of title, any infringement, merchantability, and fitness for a particular purpose. Each party acknowledges that it has not entered into this Agreement in reliance upon any warranty or representation except those specifically set forth herein. Unless an approval process is specified herein or in a Statement, all web sites provided by Innovatec UK to the Client will be deemed accepted when delivered.
- Innovatec UK reserves the right to change or modify any of the terms and conditions contained in this Agreement at any time and from time to time in its sole discretion, and to determine whether and when any such changes apply to both existing and future Clients. Innovatec UK may make changes or modifications to referenced policies and guidelines without notice to you. Your continued use of the services following Innovatec’s posting of any changes or modifications will constitute your acceptance of such changes or modifications.
- If a Domain name is purchased by the Client through a company other than Innovatec UK Ltd, the Client has full responsibility in making sure that the domain name is renewed when due. Innovatec UK Ltd will not renew the Domain name when annual Hosting renewal is due if the Domain name is purchased through a company other than Innovatec UK.
- These terms and conditions apply to custom web design. Other projects or services may be bound by separate terms and conditions.
- These terms shall be governed by and interpreted in accordance with the laws of England and Wales.
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