The following Terms and Conditions document is a legal agreement between ExTech Corporation, hereafter “EX”, and “the Client” for the purposes of website design or development and other services provide by the EX. These Terms and Conditions set forth the provisions under which the Client may use the services supplied.
EX reserves all the rights to revise or change the Terms and Conditions any time without prior notification.
EX offers are subject to change.
EX reserve the right to make technical and other changes within reason.
EX will commence the project after getting the required materials from the Client. The home page/ mock-up/design would be shown within 5 (may vary) working days. The number of days to complete the home page/application design may vary according to the requirement of the Client. The Client needs to give a definite idea of the design/theme/colour and all aspects of the website/application/project at the time of preliminary discussion and before commencing the project. The Client can provide samples or older websites/applications as reference. The EX team will be creating website/application pages based on these ideas.
Project will commence within 24 hours after the advance payment is made by the Client. The content for the concerned website/application/project should be provided within 7 days from the time of starting the project. If the content is not provided within the 7 days, there will be an additional charge of 5% of the total project cost. The Client will be granted an extended 10 days by the EX to provide the content after paying the additional amount. The project is considered invalid, if the Client fails to provide the content within the extended time period. Once the project is cancelled, the payment is not refundable.
Content & Development:
EX will provide its own general-purpose computing and office equipment required for the production of the web project.
EX PMS[Project Management Systems] will be used for communication and track all project related activities.
All completed web project must be checked carefully by the Client. Whilst utmost care is taken in the preparation of web project, no liability can be accepted for errors or omissions. Payment of the final invoice indicates that the Client has performed this check. EX provides a 25 days’ period of free error correction in case EX’s error.
No scope change is allowed during the project period. The proposal will provide a period for brainstorming and conceptualization of project. In case of any changes in the project scope and if it requires additional designing or development hours, EX will charge additional cost for that. EX reserves the right to cancel the project if there are more than 25% change of project scope.
In no case, errors occurred during clients handling of the website or web software, EX is responsible to correct the same. If the client wishes to correct it from EX, cost involved has to be paid as per new quotes.
After 25 days of period, EX is not liable for any type of services for the project. Having said that, upgrades and additional work can be taken creating a different project.
Projects which are on hold for more than 30 days will be deemed as cancelled. In special circumstances of client’s personal loss or any greater business loss, the period can be adjusted to a maximum of 60 days.
If the client wishes to resume any suspended project, it will attract additional cost as per current market rates. EX reserves all the rights, whether EX wants to continue with the project or not.
If EX has any reason to believe that the web project cannot be finished on time, EX will inform the Client as soon as is reasonably practical.
If the Client is in any way unsatisfied with the progress or quality of EX’s work, or if the web project requirements changes, the Client will inform EX as soon as is reasonably practical.
All information supplied by either party to the other will be treated in strictest confidence.
The client does not have the right to resell the design or development to other companies/anyone. However, client can add-on multiple domain like domainname.ca/.cn/.co.uk etc, for local appearance.
EX will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner.
EX will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents.
EX will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents.
If at any time a client or EX feels necessary to take matters or disputes to the legal system, EX will immediately freeze all services, communications, and transactions with the client until the case has been decided. EX is not responsible for any presumed lost profits, work stoppages, or email communications during this time. This also applies if a client threatens or implies that they will take matters or disputes to the legal system. EX will not work for a client under threat of a lawsuit or other legal action.
Domain Name, Web Hosting & Email:
Whilst EX offers hosting of websites, no guarantees can be made as to the availability or interruption of this service by EX cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service.
EX reserves the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial. Fees relating to web hosting or domain names must be paid prior to the expiration date of the said service. If the fees remain unpaid at the time of expiration, EX can cancel the said service and not liable for any data lost as a result of the cancellation.
Any unsolicited e-mail being sent will result in suspension or termination of the offending account. EX take a zero tolerance stance against sending of unsolicited e-mail and other forms of spam.
There is a 60 outgoing email hourly limit per hosting account.
A services fee $5 will be applicable before transferring a domain from EX to another company.
Database, Application and E-Commerce Development
EX cannot take responsibility for any losses incurred by the use of any software created for the client. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.
Where applications or sites are developed on servers not provided by EX, the client is expected to provide or seek any information, additional software, support or co-operation pertaining to the server required in order for the application to be correctly developed. Where large applications are to be developed, it is the client’s responsibility to provide a suitable testing environment which is identical to the final production environment.
The client is expected to test fully any application or programming relating to a site developed by EX before being made generally available for use. Where "bugs", errors or other issues are found after the site is live, EX will endeavor (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief.
Client may ONLY upload images to his/her site that he/she have taken by self, copying a photo from Flickr or other site does not make it Client property.
Client images are his/her property only; Client can remove them any time.
EX may use third-party free/paid/open source scripts/plug-in/libraries/software like JQuery/Codeigniter/WordPress etc.
Client will be responsible for any and all content in and under his/her site or account at all times.
The client is solely responsible for providing all materials in digital format.
The rights to photographs, graphics and any third party items such as source code, always remain the property of their respective owners.
The client does not have the right to resell the design or development to other companies/anyone.
Photographs, drawings, video clips or sound clips should have the following permissions: the person(s) who created or who own the rights, and those who are depicted or heard.
Copyrighted or trademarked material should not be included without permission, and should contain a statement about permission having been granted.
All Text, Photographs, drawings, graphics, video clips, sound clips, icons, logos, themes which is created by EX for client will be property of client or its original owner to whom client has exhibited a courtesy.
Client are responsible/Owen for the content of the his/her website that client provide to us, including without limitation, its accuracy and truthfulness and for ensuring that it does not contain any spelling or grammatical errors or infringe upon the rights of any third party. This applies to content created by us at your direction for inclusion on the Created Website that has been reviewed and approved by client.
The Client agrees that the EX may include development credits and links within any code the EX designs, builds or amends. If the EX designs a website for a Client, then the Client agrees that the EX may include a development credit and link displayed on the Client’s website.
The Client agrees that the EX reserves the right to include any work done for the Client in a portfolio of work.
Disclaimers and Limitation of Liability
The Website is provided on an "AS IS" and "AS AVAILABLE" basis. To the extent permitted by law, EX will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the website.
EX makes no warranty that the functionality of the website will be uninterrupted or error free, that defects will be corrected or that the website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
EX provides one year free maintenance towards all kinds of errors occurred in run time of the website/application/project. Free maintenance does not include content updation.
Account & Payments:
50% Advance payment, 20% on structure approved, 20% on upon project completion and remaining on delivery date.
EX will be NOT be renewed any services/account automatically. Client will be responsible for making sure his/her services/account does not expire.
If, due to fault of the EX the project does not meet deadline, The EX will bear a delay penalty of 0.05% per week up to a max limit of 10% of invoice value.
Once your account expires, you will lose access to all the services available to your account and you have to pay 10% extra to renew & activate your account/services.
The client will bear all costs of the any third-party scripts/plug-in/libraries/software included renewal or upgraded direct to provider or EX.
If payment being delayed project will be stopped.
For nonpayment of invoices for more than 27 days, EX reserves the right cancel client account and any other project it has undertaken with the client.
All payments non-refundable if the work had been started as well as the completed work.
The website, graphics and any programming code remain the property of EX until all outstanding accounts are paid in full.
Any bank charges, transaction fees, government taxes and other fees/charges related to your transaction will be client responsibility.
If any of these terms and conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such term or condition shall be severed and the remaining terms and conditions shall survive and remain in full force and effect and continue to be binding and enforceable.