Terms and Conditions
1. DEFINITIONSThe following terms and conditions document is a legal agreement between Eyeshiv Technologies hereafter the “Company” and “Client” for the purposes of web site design or development. These Terms and Conditions set forth the provisions under which the Client may use the services supplied.
2. ACCEPTANCE OF WORKQuotations are valid for 7 days from date of issue.
When the Client places an order to purchase any web site services from the Company, the order represents an offer to the Company to purchase the web site services which is accepted by the Company only when an invoice is sent to the Client. No contract for the supply of services exists between Client and the Company until the Company sends an invoice to the Client for payment. The invoice equals acceptance by the Company (or third party supplier) of Clients offer to purchase services from the Company and this acceptance of work is a valid contract between Client and Company regardless of whether Client receives the invoice. Any other services on the order which have not been included in the invoice do not form part of the contract. The Client agrees to check the details of the invoice are correct and should print and keep a copy for their records.
The Company reserves the right to withdraw from contract at any time prior to acceptance.
3. PERMISSION AND COPYRIGHTCopyright of the completed web designs, images, pages, code and source files created by the Company for the project shall be with the Client upon cleared funds of final payment only and by prior written agreement. Without agreement, ownership of designs and all code is with the Company.
The Client agrees that resale or distribution of the completed files in full or in part is forbidden unless prior written agreement is made between the Client and the Company.
The Client hereby agrees that all media and content made available to the Company for use in the project are either owned by the Client or used with full permission of the original authors. The Client agrees to hold harmless, protect and defend the Company from any claim or suit that may arise as a result of using the supplied media and content. Client agrees that the Company may include development credits and links within any code the Company designs, builds or amends.
Client agrees that the Company reserves the right to include any work done for the Client in a portfolio of work.
The Company agrees that any Development work provided to the Client will not be re-used for similar projects and that each Client’s design will be unique.
4. DOMAIN NAMES AND HOSTINGThe Company hosting is provided through Eyeshiv Technologies as a reseller. The Client agrees to comply with the Eyeshiv Technologies terms and conditions of use of the web hosting and email services provided through the Company.
The Company agree to maintain the hosting account supplied by Eyeshiv Technologies, in as much as space, email addresses and resource add on’s and user permissions, but cannot be held accountable or responsible for any outages of services due to technical problems arising at Eyeshiv Technologies.
The Company agree to supply, on written request, the control panel log in details for their designated hosting account. Upon receiving the username and password for the control panel log in area, they Client has the availability to make changes to their hosting and the Company cannot be held responsible for any errors made by the client if making any changes themselves. If the Client causes errors on their website as a result of making their own changes to the control panel, the Company reserves the right to charge for any work involved to correct the errors.
5. Domain NamesWhen requested, the company will purchase on request, the required domain name on behalf of the client. The Client is responsible for checking the accuracy of the domain name prior to purchase, and will confirm such in writing by email, prior to the order being placed.
The Client does not hold the Company responsible for any errors or omissions made by the Client and the Client’s confirmation email is final. Refunds cannot be made by the Company, after the domain has been purchased on behalf of the Client.
6. Party Hosting and DomainsClient agrees to take all legal responsibility for use of third party domain name, hosting and email services and hereby agrees to indemnify and hold harmless the Company from any claim resulting from the Client's publication of material and use of the domain name, hosting and email services. Any support or payment due relating to the domain name, hosting and email services are to be made between the Client and the third party service.
Client agrees to pass on FTP details and any other access details relating to their domain name and hosting account which the Developer requires to upload the web site if required as part of a project.
The Company reserves the right without notice to refuse work with domain names or hosting and email services without reason for such rejection or refusal.
7. PROJECTSEmbertech Ltd will provide the Client with a scope of works, which will detail what is covered by the price quoted and agreed, as well as start date, content submission required date and a completion date. Any changes to the scope of works after the agreement will need to be submitted online using the support ticket request system, by logging in at www.eyeshiv.com | www.eyeshiv.in or by email@example.com.
If the Client fails to provide the necessary content within the agreed time slot the Developer will commence using stock photos and sample text and continue to publish on the agreed completion date, until such time as the content is provided. Content provided after the required submission date will need to be re-scheduled in to the diary in-between other client project as deemed appropriate.
The Client agrees that a webpage built from a graphic design may not exactly match an original design specification because of the difference between the display in design software and the rendering of the code by internet browser software. The Company agrees to try and match the design as closely as is possible when building the code. The Company endeavours to create pages that are search engine friendly, however, the Company gives no guarantee that the site will become listed with search engines or of certain search results unless agreed at the time of purchase. In no event shall the Company be held liable for any changes in search engine rankings as a result of using the Company’s code.
After site completion, a Client or a third party of their choosing may wish to edit their web site code themselves to make updates. However, the Client agrees that in so doing they assume full responsibility for any issues which occur as a result of changing the code themselves. If a Client or a third party of their choosing edits the web site code and this results in functionality errors or the page displaying incorrectly, then the Company reserves the right to quote for work to repair the web site.
The Client agrees that it is their responsibility to have regular backups of their website and software made by themselves or third party services in case of a software or hardware failure. The Client may request in writing that the Company perform the said backup of their system and the company reserve the right to charge for this service. If an error or issue with the design or code arises during the project which does not allow the design or code to match the original specification, then Client agrees that the Company can apply a nearest available alternative solution.
8. WEB BROWSERSThe Company shall make every effort to ensure sites are designed to be viewed by the majority of visitors. Sites are designed to work with the main browsers Internet Explorer, Mozilla Firefox and Chrome latest releases. The Client agrees that the Company cannot guarantee correct functionality with all browser software across different operating systems. The Client agrees that after handover of files any updated software versions of the main browsers Internet Explorer and Mozilla Firefox, domain name setup changes or hosting setup changes thereafter may affect the functionality and display of their web site. As such, the Company reserves the right to quote for any work involved in changing the web site design or web site code for it to work with updated browser software, domain name or hosting changes.
9. PAYMENT TERMSAll invoices that do not qualify for monthly installments require a 50% deposit in advance, to allow the Developer to commence work. The remaining 50% of the invoice is to be paid within 4 weeks of the date of the invoice regardless of completion date. Any variation to these standard terms must be agreed in writing by both parties prior to commencement of work.
Additional work requested by the Client which is not specified in the agreed quotation are subject to a separate quotation and the Company reserves the right whether to quote or accept additional work. If additional work is accepted by the Company, it may affect the timescale and overall delivery time of the project. The Client agrees that if additional work is requested after commencement of a project, then the project delivery date may need to be adjusted accordingly.
Once an invoice is sent to the Client it must be paid either by, cash in hand, bank transfer, cheque made payable to "eyeshiv" and sent with proof of posting to the Company’s main postal address, or paid using any major credit card by telephone, details of which will be provided to the Client upon request.
The Client may request that the Company cancel a project in writing by email to firstname.lastname@example.org or postal mail addressed to the Web Development Team Manager and the project is cancelled only if the Web Development Team Manager confirms work has not been started on the project. If the Developer has begun or completed the work and the Client no longer requires the files but have agreed to the work, they are still obliged to pay the Company for the work that has been carried out already.
All invoices are submitted by email except where required otherwise by regulations or agreed at the Company's discretion.
The Company reserves the right to remove its work for a Client from the Internet if payments are not received and charges will be incurred to restore if the Client chooses to re-activate at a later date.
10. INDEMNIFICATIONThe Client agrees to use all the Company services and facilities at their own risk and agree to defend, indemnify, save and hold the Company harmless from any and all demands, liabilities, costs, losses and claims including but not limited to attorney’s fees against the Company or its associates that may arise directly or indirectly from any service provided or agreed to be provided or any product or service sold by the Client or its third parties. Client agrees this indemnification extends to all aspects of the project, including but not limited to web site content and choice of domain name.
Client also agrees to defend, indemnify and hold harmless the Company against any liabilities arising out of injury to person or property caused by any service provided or agreed to be provided or any product or service sold by the Client or third parties, including but not limited to, infringement of copyright, infringement of proprietary rights, misinformation, delivery of defective products or services which is harmful to any person, business, company or organisation.