Terms of business
Tuesday 8th December 2009 by adminOur quotation for work, any agreement letter/email and attachments can not be varied without written agreement by EzeeWp. Any Agreement Letter with terms form the entire agreement between EzeeWp and you the client.
We will require a non-refundable deposit payment from the client before any work commences. The deposit shall be 30% of the total contract value subject to a minimum of $500. Should the total contract value be below $350, the total contract is payable in advance. Client will pay all sums due to EzeeWp within 7 days unless a shorter period is specified and time is of the essence in respect of payment of sums to EzeeWp by the client.
We reserve the right to cancel any agreement prior to cleared funds in settlement of the deposit being in their bank account.
We may require interim payments if the contract is of such size that the project duration covers a number of months and these will be included within the agreed schedule or contract agreement letter/email. If such payments are required work on the project will cease if such payments become overdue. Any such additional payments will also be non-refundable.
Ezeewp will not be liable for any loss suffered by the client caused by the actions of any third party or for any loss suffered by the client caused by events not in EzeeWp’s reasonable control. Save in respect of death or personal injury caused by EzeeWp’s negligence, EzeeWp’s liability to the client arising out of EzeeWp’s breach of contract or negligence will be limited to the cost of the project as set out in EzeeWp’s Agreement Letter/email.
Ezeewp shall use such images and text as are provided by the client on the assumption that the client has all necessary legal permissions to use them. If this is not the case Ezeewp shall in no way be liable and the client will indemnify Ezeewp against any claims and the costs involved in dealing with any claim.
If the client is unable to provide text copy in a digital format acceptable to Ezeewp, Ezeewp retains the right to make charges in addition to the contract value for copywriting services. Ezeewp will advise the client before commissioning such services and the client shall have the opportunity to provide the text copy in a format acceptable to Ezeewp.
Ezeewp may at their discretion publish draft versions of the web site or other design material to a sub section of any of their web domains in order for the client to review the project. At this stage all designs are the property of Ezeewp any copying, distribution, etc. is expressly forbidden without the prior written consent of Ezeewp, such consent to be signed by EzeeWp.
Upon completion of the site the client shall be required to sign a satisfaction statement. A final invoice will then be issued and will be due for payment within 7 days from the date of the invoice.
Any custom programming/source code or programming for source code utilised in or developed for the production of deliverables for the client shall remain the property of EzeeWp and may be used for other EzeeWp projects or sold to other parties at EzeeWp’s discretion. Once the satisfaction letter has been signed and full payment has been received and cleared through EzeeWp’s bank account the front-end project deliverables as provided in EzeeWp’s Agreement Letter/Email will become the property of the client. The client shall have a nonexclusive non-transferable licence to use custom programming/source code or programming for source code utilised in or for such deliverables but only in respect of operation/modification or development of the web-site or other deliverables and not for any other purpose including without limitation assignment of such licence or sublicensing.
If the project is Internet based then it will be transferred to the client’s domain name and web space. If the project is of some other type then it will be handed over to the client.
Once the satisfaction letter has been signed EzeeWp shall not be liable for any claims made upon the client as a result of the web site or other material produced by EzeeWp, its agents or subcontractors. The client shall not be able to make any claims on EzeeWp once the satisfaction letter has been signed.
EzeeWp may withdraw any service or published web site if payment is not received by the due date.
The ongoing maintenance or updating of the web site is excluded from this agreement. If EzeeWp is required to maintain or update the web site then this will be covered by a supplemental agreement at an agreed rate.
Websites are written to function correctly and within the parameters of the host provider’s service provision. Any website upgrade or recoding that is required due to changes or upgrades to the host provider’s services or server configurations are chargeable at an agreed rate.
Any hypertext pages produced by EzeeWp will be copyrighted to the contracting company and will also include a small hyperlinked acknowledgement to ezeewp.com at the foot of each page.
EzeeWp may actively promote or publicise any project that they produce for their own marketing or sales activities.
All prices/rates are quoted in US dollar but payable in Euro at the prevailing exchange rate on the date of invoice issue based on the conversion rate at http://www.xe.com/ and will be subject to the addition of VAT/Sales Tax if appliciable at the currently prevailing rate.
Any reference to dates for delivery/completion are estimates only and failure by EzeeWp to meet any dates will not create any liability.
Indemnity You shall indemnify EzeeWp and keep EzeeWp indemnified and hold EzeeWp harmless from and against any breach by you of these terms of business and any claim brought against EzeeWp by a third party resulting from the provision of websites, the website content and associated website components by EzeeWp to you including, without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred by EzeeWp in consequences of your breach or nonobservance of this Agreement.
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