1. STANDARD TERMS AND CONDITIONS
These are the general terms and conditions for website design and development, and they apply to all agreements and tasks carried out by JYLAK on behalf of its customers.
2. FEES AND DEPOSITS WE TAKE
As soon as you give us the go-ahead to start the website design and development work, a 50% deposit of the total fee payable under our proposal is required. When the work is finished to your reasonable satisfaction, the remaining 50% will be due, but only under the conditions of the “approved work” and “rejected work” clauses. We reserve the right to postpone starting any work until the deposit is fully paid.
Only if we have failed to deliver the work stipulated in the agreement will the 50% deposit be returned. If the development work has begun and you terminate the contract without our fault, the deposit is not refundable.
3. PROVISION OF MATERIALS
You are responsible for providing us with all materials and data necessary for us to complete the work in accordance with any established specifications. These materials could consist of, but not be limited to, pictures, text, logos, and other printed materials. We reserve the right to extend any previously established deadlines by a reasonable amount in the event that any delay in your supplying these materials to us causes a delay in your work’s completion.
We have the right to charge you for any part or parts of the work that have already been completed when you fail to supply materials and this delays the completion of the work.
4. VARIATIONS
We are pleased to give you the option of changing the design. However, if you alter the original design specification, we reserve the right to cap the number of design proposals at a reasonable number and to charge for additional designs. The phase of developing our website that allows for some variations from the original specification is flexible. Any significant departure from the specification, however, will incur a charge of US $15.00 per hour.
5. DELAYS IN PROJECTS AND CLIENT LIABILITY
Any time frames or estimates we provide depend on your complete cooperation and the accuracy of the photography we use for the work pages. To move on to the next phases of development, a certain amount of feedback is necessary. To speed up the feedback process, it is necessary that you designate a single point of contact who will be accessible every day.
6. ASSENT TO THE WORK
You will be informed when the work is finished and given the chance to review it. Within seven days of receiving such notification, you must notify us in writing of any unsatisfactory points. Any of the work that has not been flagged as unsatisfactory in writing to us within the 7-day review period will be taken as approved. The contract will be deemed to have been completed and the remaining 50% of the project price will become due once the work has been approved or deemed approved.
7. REJECTED WORK
If you reject any of our work during the seven-day review period, or if you don’t approve any follow-up work we do to address any issues that were noted as being unsatisfactory, and we, acting reasonably, believe that you were unreasonable in your rejection of the work, we may choose to treat the contract as broken and take legal action to get paid for the work that has already been done.
8. PAYMENT
After the 7-day review period is over, we’ll send you an invoice for the remaining 50% of the project.
9. WARRANTY BY YOU AS TO OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS
All copy, graphic images, registered company logos, names, and trade marks, as well as any other material you supply to us for inclusion in your website or web applications, must be used with the appropriate permissions and authorities. In the event of any claims or legal actions based on the content of your website, you must defend us and hold us harmless.
10. LICENSING
You are granted a licence to use the website, its associated software, and all of its contents for the duration of the website once you have fully compensated us for our work.
11. SEARCH ENGINES
We cannot promise that your website will appear in a particular position in search engine results. We carry out fundamental search engine optimisation in accordance with modern best practises.
12. CONSEQUENTIAL LOSS
No matter how the delay in performance or completion of our contract occurs, we are not responsible for any loss or damage you may sustain as a result.
13. DISCLAIMER
Other than the express provisions of these terms and conditions, all terms, conditions, warranties, undertakings, inducements, or representations, whether express, implied, statutory, or otherwise, relating in any way to the services we provide to you are excluded to the fullest extent permitted by law. In addition to the aforementioned, to the fullest extent allowed by law, JYLAK’s liability under any term, condition, warranty, or representation that by law cannot be excluded is, where permitted by law, limited at our option to the replacement, re-repair, re-supply, or re-supply of the services, or the payment of the cost of the services we were contracted to perform.
14. SUBCONTRACTING
Any services that we have agreed to carry out for you may be subcontracted by us as we see fit.
15. NON-DISCLOSURE
Your confidential information will never be disclosed to a third party at any time, and this is a promise made by us (and any subcontractors we hire).
16. ADDITIONAL EXPENSES
You agree to pay us back for any costs that we incur that are not included in our proposal, such as the cost of templates, third-party software, stock photos, fonts, domain name registration, web hosting, or similar costs.
17. BACKUPS
You are in charge of keeping your own backups of your website, and we are not responsible for restoring any client data or client websites unless the loss of that data was caused by our negligence.
18. OWNERSHIP OF DOMAIN NAMES AND WEB HOSTING
When you pay us back for any costs we incurred on your behalf, we will give you the login information for the domain name registration and/or web hosting that we purchased.
19. CROSS BROWSER COMPATIBILITY
We make an effort to ensure that the websites we build are compatible with all current modern web browsers, such as the most recent versions of Firefox and Chrome, by using current versions of well-supported content management systems like “Joomla”. When third party extensions are used, not all browsers will have the same level of support. If any incompatibilities are discovered, we will use our best efforts to implement alternative extensions or other fixes where appropriate.
20. E-COMMERCE
To the fullest extent permitted by law, you will hold Webilicious® and its subcontractors harmless, protect, and defend them from any claim, penalty, tax, tariff loss, or damage resulting from your use of Internet electronic commerce or the use of your clients. You are responsible for abiding by all applicable laws pertaining to e-commerce.