Terms and Conditions – www.igitekvista.com
1. Standard Terms and Conditions
These Terms and Conditions set forth the general rules and policies governing the use of the Digitek Vista Website Design and Development contract and shall apply to all contracts and all work undertaken by Digitek Vista for its Client.
2. Our Fees And Deposits
An initial 50% deposit of the total fee due to us under our proposal is payable as the first payment upon your instructing us to proceed with the website design and development work. “Fifty percent shall be due and payable when the work is completed to your reasonable satisfaction, except as otherwise provided in the “approval of work” and “rejected work” clauses.” We are not obliged to start any work before the deposit amount is received in full.
The deposit of 50% is refundable only in case we have not delivered the work as specified in the agreement. If you are to terminate the contract for any reason that is not due to our fault and the development work has been initiated, then the deposit is non-refundable.
3. Supply of Materials
You shall provide us with all materials and information required by us in order to enable the execution of the work in accordance with any agreed specification. Such materials may consist of (but are not limited to) photographs, written copy, logos, and other printed material. 45 Any delay in the provision of materiel to us resulting in a delay in work completion entitles us to extend any previously agreed deadlines by a reasonable amount.
In case you do not provide for the materials, which as a result hinder progress of the work, we will be entitled to invoice you in respect of any part or parts of the work already completed.
4. Variations
Model revisions Base on the nature of such creative design material, we reserve the right to limit a number of design proposals you can have to a reasonable range, and may charge you additional designs if you make such modification to the original design specification.
Our website development process was a bit more fluid and gave flexibility for variations from our initial specification. Or if anything significantly changes from the specification, it will be billed at $100.00 per hour.
5. Delays on Projects and the liability of clients
Any timescales or estimates we give are indicative only and are dependent upon your full and timely cooperation and complete and final copy in the case of work pages. We go through a stage of gathering some feedback in the development in order to move on to the next phase. I strongly recommend, that you should have a single point contact from your end and available everyday, so we can streamline the feedback process.
6. Approval Of Work
You will be notified once the work is completed and you will have the chance to review the work. Within 7 days of such notification, you must notify us in writing of any unsatisfactory points. You will be deemed to have approved of any of the work that has not been reported to us in writing as unsatisfactory in accordance with the 7-day review period. If the work has been approved, or can be deemed approved, it cannot be rejected afterwards and thus the work will be considered to be completed and the 50% balance of the project price will be due.
7. Rejected Work
If you reject any of our work during the 7-day review period or not approve subsequent work done by us to remedy any points you recorded as unsatisfactory, and we, acting reasonably, consider you to have been unreasonable in any rejection of the work, we may choose to terminate this contract and take steps to recover payment for work done.
8. Payment
After the 7-day review period, we will bill you the other 50% of the project.
9. That You Own Intellectual Property Rights Warranty
You shall have all necessary permissions and authorities in relation to the use of all copy, graphic images, registered company logos, names and trademarks or any other materials that you give us to include in your website or web applications.
You shall defend, indemnify and hold us harmless from any and all claims, liabilities, damages and expenses (including reasonable attorneys’ fees) caused by or related to the content of your site.
10. Licensing
You’ve paid us in full for our work we license you to use the website and related Software and contents for the life of the website.
11. Search Engines
We do not warrant that your website will appear in a particular order in search engine results. We use standard search engine optimization codes as recommended in the current times.
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.
13. Disclaimer
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 to the fullest extent permitted by law. Without limiting the above, you will only be liable under any term, condition, warranty or representation within the meaning of any law that cannot exclude, and where the law permits, Mulligan account shall at its option be limited in respect of such liability to replacement, re-repair or re-supply of such services or the payment of the cost of the services we were contracted to perform.
14. Subcontracting
We may, at our discretion, including the right to contract out any services we have contracted to you to perform.
15. Non-Disclosure
We (and any sub-contractors that we may employ) do so on the condition that we do not during the term of this Agreement disclose any of your confidential information to any third parties.
16. Additional Expenses
You will reimburse us for any requested expenses, which are not included in our proposal such as purchasing template, third-party software’s, stock photograph, fonts, domain name registration, web hosting or relative expenses.
17. Backups
You are OFF for keeping backups in regard to your website and we won’t be held liable to reestablish any client data or client website except to the degree that such information misfortune comes about due from a negligent act or omission by us.
18. Owning Of Domain Names And Web Hosting
When we shall be refunded for any costs that we incurred, we will provide you with account credentials for domain name registration and/or web hosting that we have registered and/or purchased for your benefit.
19. Governing Law
These terms and conditions and any proposal will be governed by and construed according to the laws of Pakistan. You and Digitek Vista agree to the non-exclusive jurisdiction of the courts in and of state of Pakistan to any dispute arising under these terms and conditions or to any services we perform for you.
20. Cross-Browser Compatibility
We strive to make the websites we build compatible with all current modern web browsers including the latest versions of Internet Explorer, Firefox, Google Chrome and Safari by using versions of well documented content management systems like “WordPress”. Where third-party extensions are used, not all browsers offer the same level of support for those extensions. We will replace alternate extensions and/or roll out other solutions, where possible, on a best-effort basis, where any incompatibilities are identified.
21. E-Commerce
OSS will be liable only to the extent and under the conditions provided by law (i) for any claim, penalty, tax, tariff, loss or damage due to your or your clients’ use of Internet electronic commerce, and (ii) for any transaction processed through ITS ISP Systems. You shall be responsible for your compliance with all laws related to e-commerce and you will indemnify ITS and its subcontractors to the fullest extent allowed by law from any claim, penalty, tax, tariff, loss or damage relating to your or your client’s use of Internet electronic commerce.
If you need further assistance, please feel free to get in touch.
