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Unless otherwise agreed in writing, the following terms and conditions will apply to all contracts with Ultra Web Design :
1. The client will provide all the text copy & images in the required electronic format (.txt or .doc for textual content and .psd/ .jpg/ .gif for the still images).
2. Development fees, Third party Services, Maintenance etc.:
The proposed prices are towards one time development of suggested application only and do not include any additional charges to be paid to avail any third party components, services, hosting or maintenance services. The client owns the licence for the use of the code solely on the website created for them, but the ownership of all code remains the property of Ultra Web Design. Ultra Web Design will offer the free maintenance of code to the extent of bug fixing only for a maximum period of 30 days after the launch. Ongoing maintenance will be proposed & contracted through a separate agreement.
3. Force Majeure:
Neither customer nor seller/service provider shall be liable to the other for delay in or failure of the performance of their respective obligations due to causes, contingencies or circumstances beyond their reasonable control such as natural phenomena, changes in import/export trade policies, acts of any government authority, accidents or disruptions of operations not arising out of malafide acts of the party, transportation or shipping delays or failure, or delays in sellers source of supply.
4. Liability:
Ultra Web Design bears no liability under normal circumstances towards any consequential loss claimed by the customer as arising out of use of the services rendered. However, in no case can the liability be greater than the price of the services supplied.
5. Disclaimer:
Ultra Web Design will not be responsible for any damages any business may suffer and makes no warranties of any kind, expressed or implied for services rendered. Ultra Web Design disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, delays/losses due to server down and any as well as every service interruptions caused by any third party, Ultra Web Design or its employees. The role of Ultra Web Design is explicitly confined to the rendering one time development services mentioned above & hence will not be responsible for any matters or issues or disputes arising out of copy, which is not legal, truthful, decent and honest; and any interpretation of contents provided by the customer.
6. Copyrights & Trademarks
The client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Ultra Web Design for inclusion in the application software are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect and defend Ultra Web Design and its associates from any claim or suit arising from the use of such elements furnished by the client.The copyright ownership of any code developed for the production of the website remain the property of Ultra Web Design.
7. Indemnity
The client agrees to indemnify and hold Ultra Web Design harmless from any and all claims, losses, damages, liabilities, judgments, or settlements, including reasonable attorney's fees, costs, and expenses incurred by Ultra Web Design as a result of any breach of the terms, agreement, copyrights, privacy of other parties by the client.
8. In all of our work we endeavour to give our best efforts to our clients.
This quote includes the choice of two sample front pages and up to two hours of modifications or adjustments during the construction of the site. Any additional modifications, changes or adjustments will be charged at our quoted hourly rate as extras.
The quote is also based upon a mutual good will relationship with our clients. Unless otherwise agreed, all work shall be paid as one third as deposit, one-third during construction, and the final third upon completion. For projects that go for extended times, we reserve the right to invoice weekly for work done to that date.
Should the project be delayed by the client by not providing sufficient information for the construction of the website to go ahead or be completed, then Ultra Web Design reserve the right to invoice and receive the full amount for any work contracted with us, where, at our sole discretion, the website is considered to have been held up by lack of, or incorrect information or response, being supplied by the client for the completion of the site.
If the information enabling us to complete the site is not provided within a further 30 days, then any further work to the site will be additionally invoiced at our standard hourly rates.
All invoices are net payment within 7 days of invoice. Should reminder invoices be necessary they will incur an additional $20.00 service fee. Any payments outstanding will accumulate a 5% per month charge.
Our business is built upon "Value, Creativity, and Reliability". We believe by adhering to these rules, we can give our clients the best service at the best price.
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