WEBSITE DEVELOPMENT TERMS AND CONDITIONS
The following terms and conditions will be submitted with all quotes provided by Nerds On Site and will be applicable to all web development projects.
Payment of the 75% deposit is an acceptance of our terms and conditions. These terms and conditions are always available on our website for review.
Charges for services to be provided by Nerds on Site are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 30 days unless alternate timescales have been agreed beforehand with the Client. Nerds on Site reserves the right to alter or decline to provide a quotation after expiry of the valid timescale.
All Web Development projects require an advance payment of fifty (50) percent of the project quotation total before work will commence. The remaining balance of the project quotation total will be due upon completion of the work prior to the project going live (in larger projects, partial payments may be required). Charges for web development do not cover the release of source code, Photoshop or Flash files; if the Client requires these items then a separate quotation can be prepared.
3. Client Review
Nerds on Site will provide the Client with an opportunity to review the appearance and content of the web site during the design and once it is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies Nerds on Site otherwise.
4. Project Schedule and Content Control
In the majority of projects, Nerds on Site will install and publicly post or supply the Client’s web site by the date specified in the project proposal. If no such date is specified, the timescale shall be within four weeks of the date initial payment and ALL content is received from the Client, unless a delay is specifically requested by the Client and agreed by Nerds on Site. An alternate timescale can be agreed during the initial project discussion.
In return, the Client agrees to delegate a single individual as “contact” to aid Nerds on Site with completing the project in a satisfactory and expedient manner. This contact will be the only person who is able to submit content, as well as request and authorize changes to the site.
During the project, Nerds on Site will require the Client to provide copy and images. If content is not provided within two (2) weeks of an official request by email then Nerds on Site reserves the right to advise the Client of a revision to the final payment fee based on new or revised pricing schedules that may be introduced from time to time. If content is not provided within four (4) weeks from the original email request then the Client is considered to be in default of the project, the project will be terminated and the Client sent the final invoice for immediate payment. Nerds On Site will agree, at its discretion, to recommence the project after agreement is reached on a new quotation document and once the original fees have been paid.
Invoices will be provided by Nerds on Site upon completion of the work for web development and design and any associated services. Invoices are normally sent via email; however, the Client may elect to receive hard copy invoices. Invoices are due within seven (7) days of receipt after which a reminder will be sent to the Client. If the invoice has not been settled after thirty (30) days then Nerds on Site will consider the account to be in default.
If the Client in default, Nerds on Site can, at its discretion, remove all such material from its web space. Nerds on Site is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account. Cheques returned for insufficient funds will be assessed a return charge of $25 and the Client’s account will immediately be considered to be in default until full payment is received. Clients with accounts in default agree to pay Nerds on Site reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Nerds on Site in enforcing these Terms and Conditions.
Termination of the web development project by the Client must be requested in writing and will be effective on receipt of such notice. E-mail or telephone requests for termination of services will not be honored until and unless confirmed in writing. The Client will be invoiced for design work completed to the date of first notice of cancellation for payment in full within seven (7) days.
8. Copyright and Trademarks
The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Nerds On Site the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting Nerds On Site permission and rights for use of the same and agrees to indemnify and hold harmless Nerds On Site from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. A contract for web site design and payment of the 50% deposit shall be regarded as a guarantee by the Client to Nerds On Site that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
9. Media Delivery Requirements
Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format (ASCII text or Word files delivered via e-mail, CD-Rom, DVD, or FTP) and that all photographs and other graphics will be provided in electronic high quality print in .gif, .jpeg, .png or .tiff format. The specific requirements will be discussed and agreed with the Client prior to commencement of the project
10. Hosting Requirements
Websites are required to be hosted with Nerds On Site to prevent issues with third party access and permissions.
11. Post Project Alterations
Nerds On Site cannot accept responsibility for any alterations caused by the Client or a third party occurring to the Client’s pages once installed. Such alterations include, but are not limited to additions, modifications or deletions. Nerds On Site may require a one time web development charge before resolving any issues that may arise.
12. Third Party Services
Nerds On Site may require the usage of third party services – for example, credit card processing – to complete the Client’s project requirements and will ensure these services are integrated into the project and working correctly upon completion. Nerds On Site cannot be held responsible for subsequent changes or issues with these third party services that may result in issues on the Client’s website and may require a one time web development charge before resolving any problems that may arise.
13. Domain Names
Nerds On Site may purchase domain names on behalf of the Client, in which case they will then be renewed on an annual basis and the Client will be invoiced by Nerds On Site monthly. The loss, cancellation or otherwise of the domain brought about by none or late payment is not the responsibility of Nerds On Site. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.
Nerds On Site warrants the site for ninety (90) days from final sign off. This warranty ONLY applies to clients on website NerdCare and not those clients with full backend control of their site. This warranty relates only to issues that arise from upgrades to the content management system or third party plug-ins. Outside of this warranty period, there will be a one time web development charge before resolving any problems from such upgrades.
These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s signature or payment of a deposit constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.