The following terms and conditions apply to all website development and design services provided by netmediadesigns.com.
netmediadesigns.com services may be used for lawful purposes only. You agree to indemnify and hold netmediadesigns.com harmless from any claims resulting from your use of our service that damages you or any other party.
Acceptance
It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full. We reserve the right to subcontract any services that we have agreed to perform for you as we see fit.
Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.
Charges
Charges for services to be provided by netmediadesigns.com are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 30 days. netmediadesigns.com reserves the right to alter or decline to provide a quotation after expiry of the 30 days.
A 20% 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 80% 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 20% 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.
Project Media
You must provide any requested project media and information required by us to complete the work in accordance with any agreed specification. Such media 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. If you have problems sourcing your media please contact us for assistance immediately, we provide a media support service to all clients with no extra charge. As part of our media service we reserve the right to source, use and frame media posted online by you this may include social media and media obtained from your documentation.
Where you fail to supply project media, use our media support service or in any way prevent the progress of the work; we have the right to invoice you for any part or parts of the work already completed. We reserve the right to close the project and the balance remaining becomes payable immediately
Text content should be delivered as a Microsoft Word, ASCII text files, PDF documents, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website. These pages should have the same titles as the agreed website pages. Graphics can be submitted in the following formats gif, .jpeg, .png or .tiff.
Access Requirements
If the Client’s website is to be installed on a third-party server, netmediadesigns.com must be granted temporary read/write access to the Client’s storage directories which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.
Client Review
During development there is a certain amount of feedback required in order to progress to subsequent phases. netmediadesigns.com will provide the Client with an opportunity to review the appearance and content of the website during the design phase and once the overall website development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies netmediadesigns.com otherwise within fourteen (14) days of the date the materials are made available to the Client.
We are pleased to offer you the opportunity to make revisions to 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 for an update in design.
Approval of Work
netmediadesigns.com will install and publicly post or supply the Client’s website by the date specified in the project proposal, or at date agreed with Client upon netmediadesigns.com receiving initial payment, unless a delay is specifically requested by the Client and agreed by netmediadesigns.com.
On completion of the work you will be notified and have the opportunity to review it. 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 80% balance of the project price will become due.
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.
Payment
Upon completion of the 7-day review period, we will invoice you for the 80% balance of the project. Invoices will be provided by netmediadesigns.com upon completion but before publishing the live website. Invoices are normally sent via email; however, the Client may choose to receive hard copy invoices. Invoices are due upon receipt. Accounts that remain unpaid thirty (30) days after the date of the invoice will be assessed a service.
Additional Expenses
The Client agrees to reimburse netmediadsigns.com for any additional expenses necessary for the completion of the work. Additional expenses which do not form part of our proposal include but not limited to the purchase of templates, third party software, stock photographs, fonts, domain name registration, web hosting or comparable expenses.
Web Browsers
netmediadesigns.com makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Internet Explorer, Google Chrome, etc.). Client agrees that netmediadesigns.com cannot guarantee correct functionality with all browser software across different operating systems.
netmediadesigns.com cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website have been designed and handed over to the Client. As such, netmediadesigns.com reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.
Non-Payment
Accounts unpaid thirty (30) days after the date of invoice will be considered in default for non-payment. netmediadesigns.com at its discretion will remove all such material from its web servers.
netmediadesigns.com is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account.
Termination
Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. E-mail or telephone requests for termination of services will not be honoured until and unless confirmed in writing. The Client will be invoiced for design work completed to the date of first notice of cancellation for payment in full within thirty (30) days.
Design Credit
If the Client requests a discount for design credit, 10% of the fee will be discounted and a link to netmediadsigns.com will appear in either small type or by a small graphic at the bottom of the Client’s website.
Ownership of Intellectual Property Rights
The Client 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.
The Client retains the copyright to data, files and graphic logos provided by the Client, and grants netmediadesigns.com the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting netmediadesigns.com permission and rights for use of the same and agrees to indemnify and hold harmless netmediadesigns.com from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the Client to netmediadesigns.com that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested. netmediadesigns.com does not claim any copyright to any media produces for a client, after payment is made for a project all rights are transfer to the Client.
Licensing
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.
Post-Placement Alterations
netmediadesigns.com provides a premium ongoing support service, however once administrator level access has been provided to a third party, the responsibility for the website’s security and management is no longer provided by netmediadesigns.com.
netmediadesigns.com cannot accept responsibility for any alterations caused by a third party occurring to the Client’s pages once installed. Such alterations include, but are not limited to additions, modifications or deletions. Any remedial work required as a result of mismanagement or poor coding by a third party will be chargeable at our current hourly rate.
If granting access to a third party is only required on a temporary basis, the individual or organisation specified, accepts sole responsibility for all of the items above, until they or the website owner have notified netmediadesigns.com by email that the work has been completed. At this point netmediadesigns.com will log back in to the website, change the administrator login credentials, and confirm that the site remains secure. Once satisfied that this is the case the owner of the website will be notified that netmediadesigns.com will resume responsibility for the website.
E-Commerce
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 and its netmediadesigns.com subcontractors from any claim, penalty, tax, tariff loss or damage arising from your or your clients’ use of Internet electronic commerce.
Ownership of domain names and web services
netmediadesigns.com may purchase domain names on behalf of the Client. Payment and renewal of those domain names is the responsibility of the Client. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of netmediadesigns.com. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.
Search Engines
If your project involves Search Engine Optimisation we need the text content for your site in advance so that the SEO can be planned and completed efficiently. We do not guarantee any specific position in search engine results for your website. We perform search engine optimisation according to current best practices.
Non-Discloure
We agree that we will not at any time disclose any of your confidential information to any third party.
Disclaimer
netmediadesigns.com hereby excludes itself, its Employees and or Agents from all and any liability from: Loss or damage caused by any inaccuracy; Loss or damage caused by omission; Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site; Loss or damage to clients’ artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise. 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.
In no event shall netmediadesigns.com liable to the client for any direct, indirect, special, punitive, incidental, or consequential damages arising out of the use of their website, services, web hosting and/or goods provided to the client.
The entire liability of netmediadesigns.com to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.
The agreement constituted by these terms and conditions and any proposal will be construed according to and is governed by the laws of Barbados.
