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Website Development Terms & Conditions
The following terms and conditions apply to all website design and document design services offered by Softech Solutions
By ordering any services from Softech Solutions you are agreeing to the following terms and conditions:
1. These Terms and conditions shall be until the agreed upon website / design work is completed within the time frame specified. Upon completion of your website / design work, it will remain the copyright and property of Softech Solutions until your payment is received in full. Once payment is received, the website / design work shall be sent to you on CD upon request.
1.1. Work provided by Softech Solutions will be based upon details set out in this order contract.
2. The Client is solely responsible for supplying content, authoring, organisation, images unless stated in the agreed upon specifications. Softech Solutions does not accept any responsibility for false / libellous statements, copyright infringements (be it text or image) or any other legal issues that could lead to prosecution by a third party.
3. TERMINATION
Your rights to terminate the contract during the development of the site will depend on the reasons involved. If you are unhappy with the work we have provided and fail to make the changes / modifications requested by yourself (the client), then you have the right to terminate the contract. If however, you have confirmed approval of the work during the various stages of the development and then choose to terminate the contract, we will need reimbursing for the work carried out. The amount will depend on what stage of development we have reached. Should you decide to terminate the contract once work on any database or bespoke solutions has commenced, we would need to be fully reimbursed.
3.1. The minimum contract period for our hosting services will be 12 months from the date of hosting after which both parties will review the contract. Either party has the right to terminate the contract after the review date. If this situation arises, Softech Solutions shall cooperate with and not unreasonably withhold information from any future third-party website provider.
4.FEES & PAYMENT
The following fees shall apply to all clients: A total fee will be agreed upon after an initial consultation. An order form is sent out to the client specifying the agreed fee and work specifications to be carried out by Softech Solutions. Fees for design work and database development are due as outlined in the payment schedule in this document. The costs incurred for: domain registration, hosting set up and hosting are due immediately on purchase of which a separate invoice will be raised (please read our Hosting and Domain Name Terms and Conditions). Maintenance, if included in this contract, shall be due on a month by month basis, unless otherwise stated. Softech Solutions agrees to complete this project within the agreed cost for the work required, unless the Client requires additional work or services not agreed upon. Softech Solutions will not charge any fees in addition to those specified in this contract without first consulting the Client and reaching an agreement regarding this.
5.COSTS
If it becomes necessary for Softech Solutions to bring any action to collect any sums due under this Agreement, it shall be entitled to collect, without prejudice to any other remedy, in addition to all damages, its costs of collection and any outstanding costs. Legal action proceeds immediately after the due date set out in clause 4. In the case of work remaining unpaid, we may at our discretion, disable access to your website, notifying website visitors who attempt to access that work accordingly until payment is received and cleared.5.1. If changes are to be made after a design project has been completed and approved by the client, extra charges will be made depending on the type of work to be carried out and the time necessary to complete those changes. Any alteration or deviation from the original agreed specifications with Softech Solutions will only be executed upon agreement with Softech Solutions. These changes may result in extra charges being accrued.
6.CONFIDENTIALITY
Softech Solutions acknowledges that this Agreement creates a confidential relationship between Softech Solutions and the Client and that information concerning the Client’s business affairs, customers, vendors, finances, properties, methods of operation, computer programs, and documentation, and other such information, whether written, oral, or otherwise, is confidential in nature. All such information concerning the Client is hereinafter collectively referred to as “Confidential Information.” As work is being carried out Softech Solutions will initially place you or your company’s website on one of our demonstration servers during development, to allow you or your company the opportunity to view and comment upon the website’s progress.6.1. Softech Solutions agrees to take reasonable steps to ensure that its staff and subcontractors are bound by the provisions of this clause.6.2. This Clause shall not apply to information that is or becomes public knowledge otherwise than through the default of the party concerned, or is already in the receiving party’s possession, or is legally acquired by such party from a third party, or is required by law to be disclosed.6.3. Softech Solutions are fully compliant with the data protection act.6.4. Softech Solutions may seek, and the Client shall not unreasonably withhold, permission to publicise Softech Solutions involvement directly by its trademark symbol affixed to the website or through press and other media.
7.NON-DISCLOSURE
Softech Solutions agrees that, except as directed by the Client, it will not at any time during or after the term of this Agreement disclose any Confidential Information to any person whatsoever and that upon the termination of this Agreement it will turn over to the Client all documents, papers, and other matter in its possession or control that relate to the Client.
8.COPYRIGHT
The copyright, patent, and other intellectual property rights (“IPR”) in the Solutions / design work prepared by Softech Solutions shall vest in Softech Solutions. The Client agrees that copyrights to Softech Solutions work shall remain the exclusive property of Softech Solutions, and that it will not use as a template, sell, transfer, publish, disclose or otherwise make the work product available to third parties without Softech Solutions prior written consent. Any rights granted to the Client under this Agreement shall not affect Softech Solutions exclusive ownership of the work copyright. Note! This does not apply to banners and logos bearing the Clients name.
9.WARRANTY
Following acceptance by the client, Softech Solutions will warrant any Solutions created for 90 (NINETY) days from acceptance date. During this period Softech Solutions will correct any faults against the Solution Requirement as modified by any detailed documented changes during the course of the supply. The Client will pay at Softech Solutions standard daily fee rates for all time spent on investigating submitted ‘faults’ that are established to be correctly functioning.
10.If a court rules that any of these conditions is not valid or cannot be enforced, the other conditions will continue to be valid and enforceable.
11.LIABILITY FOR LOSS, DELAY OR DAMAGE
Softech Solutions shall not be liable to the Client for loss of profits, goodwill or any type of special, indirect, incidental or consequential loss (including but not limited to loss or damage suffered by the Client as a result of an action brought by a third party) even if such loss was reasonably foreseeable or Softech Solutions had been advised of the possibility of the Client incurring such loss. Further, Softech Solutions shall not be liable for any such delay or failure resulting from a request by the Client for any change made to the supply of the design service being provided, failure or delay on the part of the client or any sub-contractors beyond its reasonable control or the unavailability of materials, failure of the public electricity supply, failure of any telecommunications service provider; and11.1. Softech Solutions shall have no liability in respect of any product or services to be supplied by the Client or any third party.11.2. Save as expressly provided herein, all other terms and conditions, warranties or representations whether expressed or implied (by statute or otherwise) relating to the Solution and the supply of the Solution or imposing liability on Softech Solutions is hereby excluded.11.3. If Softech Solutions is prevented from meeting its obligations due to any of the aforesaid causes it shall notify the Client of the circumstances and the Client shall grant a reasonable extension for the performance of the Agreement.
12.FORCE MAJEURE
Neither party shall be liable for any delay in meeting or for failure to meet its obligations under the agreement due to any cause outside its reasonable control including (without limitation) Acts of God, war, riot, malicious act of damage, fire, flood, acts of any government or public authority.
13. Softech Solutions reserves the right to change, or amend these terms and conditions at any time, without prior notice. We will however inform any clients who may be affected by these changes.
