These terms and conditions shall govern the use of the Web2Web Solutions website and the purchase of any goods or services from it.
By using Web2Web Solution’s web design service, and signing up as a client, you agree to be legally bound by these terms and Conditions, including those incorporated by reference.
Please read these terms carefully. If you do not accept these terms and conditions stated here without modification, you may not use the Web2Web Solutions service. Web2Web Solutions may revise these terms and conditions at any time by updating this posting. If the terms and conditions are revised, the original terms accepted by the client for a project will remain valid.
In these terms and conditions, Web2Web Solutions, the Web2Web Solutions service, all services related to it, and all text, images, photographs, user interface, "look" and "feel", data and other content included in it from time to time (including, without limitation, the selection, coordination and arrangement of such content) are referred to as the "web site" or "service."
1.1 The Web2Web Solutions service is an online offering where individuals or entities that have signed up with Web2Web Solutions as clients ("client") can post via e-mail or via the web site specific assignments and project descriptions, including illustrative samples or other media, ("creative brief"), revise those creative briefs ("revision brief") and obtain responses ("response") to those creative or revision briefs from design experts retained by Web2Web Solutions ("company").
1.2 Clients will be provided the service according to the estimate accepted by the client. Client’s responses will be created iteratively through a drafting cycle of creative briefs, revision briefs and responses, ultimately resulting in a final response conforming to client’s various creative and revision briefs.
2. Creative brief and responses
2.1 Each client is solely responsible for preparing and posting detailed descriptions of each of its creative briefs, including providing samples illustrating client’s creative brief ("samples"), site structure, number of pages required, the applicable deadline, and other relevant terms and conditions.
2.2 The company is under no obligation to review a creative or revision brief for any purpose, including accuracy, completeness of information, quality or clarity. The company may decide, in its sole discretion, to deny a creative or revision brief. The initial responses will be of the same calibre as the examples in the company portfolio.
2.3 The company is under no obligation to supply responses that do not adhere to their style, as it is assumed that the client has selected the company based on previous projects represented in its portfolio. Initial responses are supplied within 5 working days of payment being received.
2.4 The client must supply the company with adequate photography to use in the design; or the company will recommend a stock photography bundle to suit the project, at an additional cost to the client.
3. When the company provides a response to the client; the client shall review the response
3.1 If a client fails to promptly inform the company that the response does not reasonably conform to the creative brief, the client will be deemed to have accepted the response. If a client notifies the company that the response does not reasonably conform to the creative brief, the client shall submit information regarding amendments or modifications to be made to the initial response ("revision brief").
3.2 After providing a revision brief, the client will be provided with a subsequent response that conforms to the additional criteria requested by the client, free of charge. However, concepts provided in the initial response cannot be used after the second response has been given.
4.1 The company is not responsible for the content of responses developed to the extent that such responses are based on conformity with client’s creative or revision briefs.
5. Revision cycles
5.1 Revision cycles consist of 1 additional composition that incorporates changes requested by the client in the revision brief. The client is responsible for providing constructive feedback for each revision cycle. The purpose of the revision process is to create responses that move forward in a specific direction as determined by the client.
5.2 The client may request significant changes in the 1st cycle, and the response might be quite different in nature from the original composition chosen. By the 2nd revision request, client’s requests shall be modifications of the current composition only.
5.3 Revision requests that depart from the current composition will be honoured and completed in the same timely manner, however; the company reserves the right to quote accordingly for each such revision.
5.4 No revision work, which requires payment, will be started without authorisation from the client. Revision cycles are supplied for free within each package, and therefore cannot be refunded or exchanged for other services. Revision cycles are supplied within 5 working days of receiving the revision brief.
6.1 The company shall make every effort to ensure the final product is free of any grammatical and spelling errors, before giving the final product to the client.
6.2 It is agreed that it is the client’s responsibility to ensure that there are no spelling or grammatical errors contained in the final product.
6.3 It is agreed that the company is not responsible or held liable for any errors contained in the final product after the final product has been committed to print or posted in view of the public.
6.4 It is the sole responsibility of the client to notify Web2Web Solutions of any such errors during the revision cycle and before the final files have been generated. If a further revision is required an additional revision charge will be incurred.
7. Final files
7.1 Once the client approves of the design and notifies the company, final HTML, images and other web files will be uploaded to the client’s website or supplied to the client directly. If the client requires further revisions after this time, the company will recommend a web maintenance bundle to the client at an additional cost.
7.2 The artwork files will be available to the client on request. If the artwork is too large to send via e-mail, it is the responsibility of the client to purchase their artwork on CD for an additional Rs500/-. The final files include HTML, PHP, GIF and JPEG files only. Additional constraints, including specifications on HTML structure and layout, are not included in the package and the company will supply the client with a quotation for any additional specifications required. All files and fonts are supplied in PC format.
7.3 Additional formats, including variations on the chosen design, are not included in the package and The company will supply the client with a quotation for any additional formats or Revisions that are required.
8. Site deployment
8.1 Unless otherwise stated in the approved quotation, it is assumed that the website will be deployed on the company’s web server. Should the client require installation on an alternative server, the quote will be adjusted accordingly.
8.2 If the client is not using a hosting package purchased from the company, it is the responsibility of the client to supply the company with a web space which supports any technologies used within the website and FTP details where the files can be uploaded.
9. Post Site deployment warranty
9.1 After the site has been launched any bugs / site errors will be rectified for free by the company for up to 6 months. After this period any errors or changes will be rectified and charged at Web2Web Solutions hourly rate.
9.2 In the event that the client or a third party modifies the website after the site has been deployed, the warranty will be deemed void.
10. Errors & Liabilities
10.1 The company will use all due care to ensure sites worked are free of errors.
10.2 The company will correct any errors relating to the site in the course of working on a client’s site.
10.3 The company does not accept any responsibility for losses or damage arising from errors within any site or if a site is not placed "live" on the Internet.
11. Intellectual Property & Copyright
11.1 All created files remain the property of the company.
11.2 The company retains the Copyright in and the right to use all artwork created in advancing the profile of the company and to be recognized for artwork created by the company
11.3 The company shall be free to reproduce, use, disclose display exhibit, transmit, perform, create derivative works, and distribute any items unless specifically agreed otherwise. Further, the company shall be free to use any ideas concepts know-how or techniques acquired in construction of sites for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and other items incorporating such information unless specifically agreed otherwise.
11.4 The company observes Privacy Laws and Guidelines relating to personal data. Any code or original artworks or graphics developed by the company or our contractors including HTML markup, Flash and multi media including audio and video, database design and development, data collection and web based administration are licensed to the client for use in their own single website. It cannot be copied, reused or resold without the written permission of the company. Original graphics created for use in the proposed website cannot be re-used in any other website or for other promotional media including brochures, press or other advertisements without our express written permission and/or additional fees.
12. Client accounts
12.1 Esitmates Estimate are based on specifications and functionality dicussed or listed in documents and email correspondance; any scope creep will affect the price of the project and addtional costs may be charged at an hourly rate or re-quoted upon. The estimate is valid for 14 days after issuance; and as such the site or artwork will be released only upon receipt of the final payment.
12.2 Payment Clients registering for the service must pay for the service via direct deposit, credit card, or other payment method expressly authorised by the company, at the time of registration for the service. The client will be charged for the package(s) selected. The company will e-mail the client a receipt or tax invoice for the transactions in which the client is involved.
12.3 You will remain liable for all fees during any period when Services have been discontinued or suspended due to a failure on your part to comply with these terms and conditions
12.4 You will be invoiced as agreed in acceptance of our quotation. All accounts are payable within 7 days of invoice.
12.5 Payments that are overdue will accrue at the rate of 10% calculated daily from the due date, until paid in full to the company. All intellectual property rights remain with Web2Web Solution until payment.
12.6 You must pay Web2Web Solution’s charges without any set off, counter claim or deduction unless same is agreed in writing between us.
12.7 Refunds Terms are strictly 30 days in which a cancellation may be made to be eligible for any refund. After 30 days any right to a refund is forfeited.
12.8 If the client is not satisfied with the initial responses provided by the company, the company will design a new set of initial designs free of charge or client may request a refund by completing the refund request form which will be provided to the client upon request. If the client chooses to be presented with a new set of initial designs, the client waives right to use any of the original initial designs presented and is no longer eligible for a refund.
12.9 Upon timely receipt of the completed form, the company will refund the total payment made by client, less 50 percent of the original amount paid, for service and processing fees. All elements of the project must then be returned to the company. Any usage by the client of those design elements will result in appropriate legal action. The client shall bear all costs, expenses, and reasonable attorney’s fees in any action brought to recover payment under this contract or in which the company may become a party by reason of this contract.
12.10 Once the client requests additional revisions for any of the initial concepts, the client shall forfeit the right to the aforementioned refund. The client shall also forfeit the right to a refund if the client does not respond in a timely manner. The client shall not unreasonably withhold acceptance of, or payment for, the project.
12.11 Cancellation refund Terms are strictly 30 days in which a cancellation may be made to be eligible for any refund. After 30 days any right to a refund is forfeited. If the client decides to cancel the project before the project has been completed, the company will refund the total payment made by client, less the value of the number of hours worked on the project at the appropriate rate per hour. If this value exceeds the total payment made, the client will not be eligible for a refund.
13. Project duration
13.1 The client agrees to provide timely responses to the company after receiving status notifications from the company. The client shall have 30 days to respond to each set of responses submitted to the client for review. If after 30 days the client has failed to respond, the company will deem the project complete. At such time, the company shall have no further obligation to the client, and the client shall pay the company all fees and expenses associated with work performed by the company.
14. Eligibility requirements
14.2 By registering as a client, you represent and warrant that you meet these eligibility requirements, that the information you include as part of the registration process is complete and accurate and, if you are registering on behalf of an entity, that you are authorized to bind that entity to these terms and conditions. The company may accept or reject your registration in its sole discretion. The service is not directed to children.
15. Ownership of project attributes
15.1 Until full payment has been made, the company retains ownership of all original artwork or parts contained therein, whether preliminary or final. Upon full payment, the client shall obtain ownership of the final artwork to use and distribute as they see fit. However, in no event may the client use the final design in any design portfolio without express permission from the company.
15.2 The website design and code purchased by the client are for single use only. The client is welcome to add additional pages to the site under the original domain name and or business entity. Additional use of the structure, design, coding or intellectual property contained therein for other businesses or entities is strictly prohibited.
15.3 The company holds copyright on designs produced, with the expectation that the designs are essentially artistic works that are one-off, which is covered by copyright legislation.
15.4 Protection under designs legislation concerns the visual appearance there of. It thus relates to the shape, configuration, pattern or ornamentation which, when applied to a product or service, gives that a unique appearance.
15.5 The company retains the right to use the completed project and any preliminary designs for the purpose of design competitions, future publications on design, educational purposes, marketing materials, and portfolio. Where applicable the client will be given any necessary credit for usage of the project elements.
15.6 The website design shall include a copyright notice and a discreet link to the company’s website, such as in the footer.
16. Third party shipping
16.1 In the event any material necessary for the production of the project must be shipped to a third party for additional processing, typesetting, photographic work, colour separation, press work, or binding, the company will incur no liability for losses incurred in transit, or due to the delay of the shipper of the third party.
17. Production schedule / delivery of project
17.1 The client will assume any shipping or insurance costs related to the project. Any alteration or deviation from the above specifications involving extra costs will be executed only upon approval with the client.
17.2 The company shall not incur any liability or penalty for delays in the completion of the project due to actions or negligence of client, unusual transportation delays, unforeseen illness, or external forces beyond the control of the company. If such event(s) occur, it shall entitle the company to extend the completion/delivery date, by the time equivalent to the period of such delay.
18. Suspension of Services
18.1 Web2Web Solution reserves the right to suspend services in any case where you fail to perform your obligations under this agreement. If payment for services is not received within the terms of payment stipulated by us websites may be taken down until payment is confirmed.
18.2 Web2Web Solution may from time to time and without notice or liability to you suspend any of the services if the reason for doing same is an event beyond the reasonable control of Web2Web Solution.
19.1 Web2Web Solution may discontinue services if an amount payable to Web2Web Solution is overdue or take down a website permanently in any case where an amount payable is overdue by more than 10 days. In any such event, you remain liable for the total cost of the contract including all disbursements; unless otherwise agreed between the parties.
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