These are the standard terms and conditions for Website Design and Development and apply to all contracts and all work undertaken by iTANGLE Inc for its clients.
Terms & Conditions
1. STANDARD TERMS AND CONDITIONS
2. OUR FEES AND DEPOSITS
A 50% deposit of the total fee payable under our proposal is due immediately upon you instructing us to proceed with the website design and development work. The remaining 50% shall become due when the work is completed to your reasonable satisfaction but subject to the terms of the “approval of work” and “rejected work” clauses. We reserve the right not to commence any work until the deposit has been paid in full.
The 50% deposit is only refundable if we have not fulfilled our obligations to deliver the work required under the agreement. The deposit is not refundable if the development work has been started and you terminate the contract through no fault of ours.
3. SUPPLY OF MATERIALS
You must supply all materials and information required by us to complete the work in accordance with any agreed specification. Such materials may include, but are not limited to, photographs, written copy, logos and other printed material. Where there is any delay in supplying these materials to us which leads to a delay in the completion of work, we have the right to extend any previously agreed deadlines by a reasonable amount.
Where you fail to supply materials, and that prevents the progress of the work, we have the right to invoice you for any part or parts of the work already completed.
4. VARIATIONS
We are pleased to offer you the opportunity to make revisions to the design. However, we have the right to limit the number of design proposals to a reasonable amount and may charge for additional designs if you make a change to the original design specification.
5. PROJECT DELAYS AND CLIENT LIABILITY
Any time frames or estimates that we give are contingent upon your full co-operation and complete and final content in photography for the work pages. During development there is a certain amount of feedback required in order to progress to subsequent phases. It is required that a single point of contact be appointed from your side and be made available on a daily basis in order to expedite the feedback process.
6. APPROVAL OF WORK
On completion of the work you will be notified and have the opportunity to review it. You must notify us in writing of any unsatisfactory points within 7 days of such notification. Any of the work which has not been reported in writing to us as unsatisfactory within the 7-day review period will be deemed to have been approved. Once approved, or deemed approved, work cannot subsequently be rejected and the contract will be deemed to have been completed and the 50% balance of the project price will become due.
7. REJECTED WORK
If you reject any of our work within the 7-day review period, or not approve subsequent work performed by us to remedy any points recorded as being unsatisfactory, and we, acting reasonably, consider that you have been unreasonable in any rejection of the work, we can elect to treat this contract as at an end and take measures to recover payment for the completed work
8. PAYMENT
Upon completion of the 7-day review period, we will invoice you for the 50% balance of the project.
9. DISCLAIMER
To the full extent permitted by law, all terms, conditions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise (other than the express provisions of these terms and conditions) relating in any way to the services we provide to you are excluded. Without limiting the above, to the extent permitted by law, any liability of iTANGLE Inc 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 or re-supply of the services or the payment of the cost of the services that we were contracted to perform.
10. ADDITIONAL EXPENSES
You agree to reimburse us for any requested expenses which do not form part of our proposal including but not limited to the purchase of templates, third party software, stock photographs, fonts, domain name registration, web hosting or comparable expenses.
11. Hosting
- Hosting is an annual charge which must be paid in advance for the whole year. Except if the client is under one of our Maintenance packages.
- It is the client’s responsibility to renew the hosting in time ie. before the expiry date. Failure to renew in time can lead to loss of files, data, emails, backups etc. All unpaid hostings are disabled or deleted from the server.
- All renewals must be paid by seven working days prior to the expiry date. Synapse will not be responsible for issues relating to delayed payment.
- Hosting are on shared and non-shared servers hosted via third party providers. Synapse Worldwide ensures best to our ability that our systems and servers are protected from hackers, viruses, intruders and other online and offline problems, however we will not be held liable for any disruption of services if such situation arises.
- Client is solely responsible for the content stored on and served by the hosting service purchased and the activity of any scripts or email services created under the hosting service. The Customer must maintain the security of all account passwords and applications or scripts and ensure all scripts under the hosting service are free from malicious content that may harm any part of the Server, other client accounts hosted, or the external systems of visitors viewing the hosted content.
- Incase of a malware attack, Synapse reserves the right to delete files on the hosting service without giving any prior noticeCancellation/Termination:
- Hosting Cancellation requests must be sent in writing or by email one month prior to the expiry of the same. Once the hosting has been renewed, it cannot be cancelled and must be paid for the full year.
- If the hosting is not paid and renewed before the expiry date. We reserve the right to disable the hosting and all associated services including emails and dns records. Additional charges will be applicable to re-enable the hosting. Synapse will not be responsible for any loss of data, files, emails, backups, restoration costs etc.
- If a hosting has been cancelled / disabled then all files, emails, databases and backups will be deleted from the server without any notification to the client.
- Once all invoices are paid, it is client’s responsibility to request for the files subject to the below:
12. Emails
- All emails are to be downloaded on the client’s computer periodically. Email boxes must be kept within their quota limits. Periodical maintenance may be carried out on the email box and emails older than 6 months are deleted.
- Client’s must not use the email hosting for inappropriate content and other undesired emails which can result in spamming or infecting the server. Under such circumstances, immediate action will be taken and the required files and data will be deleted without any prior notice.
- Synapse offer packages in co-ordination with third party providers. Changes to the third party provider’s rules and policies may ultimately effect the services we provide or the terms and conditions herein.
- Hosting are on shared and non-shared servers hosted via third party providers. Synapse Worldwide ensures best to our ability that our systems and servers are protected from hackers, viruses, intruders and other online and offline problems, however we will not be held liable for any disruption of services if such situation arises.
13. Domains
- All domain registrations and renewals are to be paid in advance.
- Expiration of a domain can result in service disruption and loss of domain.
- Synapse Worldwide will not be responsible if a domain expires due to non-payment / late payment of the charges. All payments must be made by seven working days before the expiry date.
- All invoices and dues must be paid in full before we release the requested domain name.
- Synapse Worldwide has the domains in a common pool account and therefore cannot give access to its domain control panel.
- Synapse offer packages in co-ordination with third party providers. Changes to the third party provider’s rules and policies may ultimately effect the services we provide or the terms and conditions herein.
14. Annual Maintenance Terms
Basic Annual Maintenance Package Terms:
- All maintenance packages are for a minimum of 12 months period
- Maintenance packages are billed annually, however are paid monthly via direct debit on the 1st of every month.
- Packages include 12 months basic website hosting, email hosting and DNS hosting
- Packages are designed to serve minor website maintenance tasks only. Larger projects or updates are not included in the package.
- Package includes one support request per month of up to 0.50 man-hour. Unused man-hours may not be rolled over to the next month. This support time will be used once every month to update the WordPress and Plugins versions.
- Synapse employs fair use policy, which means that although we don’t formally transfer over any unused time to the next month or formally accumulate unused man-hours, we do understand that your needs may change from month to month, and we allow flexibility in good faith sometimes.
- Any urgent tasks will be charged separately
- The package is auto renewed every year on its anniversary date.
Payment terms:
- Monthly maintenance package fees require credit card payment only. No other forms of payment will be accepted for monthly maintenance.
- Monthly maintenance package fees will be charged to the clients credit card on file on the 1st day of every month.
- More than three missed payments in a year may attract termination of the package and the client will need to pay immediately the entire remaining amount on the package.
- There are absolutely no refunds for any fees related to the monthly maintenance package.
Termination:
- In case Client need to cancel the auto annual renewal, please inform us in writing at least one month prior to the renewal date.
- Ongoing term: For any reason if the Client decides to terminate an on-going maintenance package then they will need to pay the balance amount of the remaining months.
- Synapse reserves the right to terminate annual maintenance at anytime with written notice to the Client.