Web Design by Niva
Term and Conditions
LEGAL CLAIM NOTICE.
PLEASE READ THESE TERMS & CONDITIONS CAREFULLY. BY ACCESSING THIS WEB-SITE YOU AGREE TO BE BOUND BY THE TERMS & CONDITIONS STATED BELOW. IF YOU DO NOT AGREE THE TERMS & CONDITIONS STATED BELOW, PLEASE DO NOT ACCESS THIS WEB SITE
Web Design Quotes.
All quotes supplied Web Design by Niva Corp is valid for 1 month only unless stated otherwise on your quote. If the quote is not accepted by signing and returning to us with a deposit (see Payment Terms below) within 1 month of the date of the quote then a new quote must be obtained.
A deposit of (50%) of the total amount is required to commence work. Once the first deposit is received by the Developer, basic site design concepts will be put online for the Client’s viewing and approval.
Communication between the Developer and the Client is crucial during this phase to ensure that the ultimate publication will match the
Client’s taste and needs.
Upon completion of this stage, the Client will be asked to confirm acceptance for the basic site design via e-mail or by signing a printed copy of the design. Once this acceptance is received from the Client, the work necessary to complete the project will begin.
Clients should continue, however, to continually view updates to the site and express their preferences or dislikes to the Developer. Upon completion of the web site, an e-mail or letter and invoice will be sent to the Client advising the Client that the work has been completed. Final payment of the remaining 50% balance plus any additional charges incurred will due within fifteen (15) business days after delivery of this e-mail or letter and invoice.
If the fifteen (15) day minimum is not met an additional charge of 10% is due. If payment is not made within thirty (30) days of notification, simple interest will accrue on the balance owed at a rate of 18% from the date the 10% penalty was levied.
Developer reserves the right to remove all web content from the Internet if payment is not made within thirty (30) days after delivery of our completion notification. Most frequently, problems making payment timely are the result of poor communication channels in a company’s Accounting Department. If a payment delay is anticipated, please contact the Developer to discuss potential problems in advance. If problems are anticipated we may be able to accommodate an alternate arrangement.
Web Design Cancellations.
Cancellation of the project at the request of the Client must be made by certified letter. In the event that work is postponed or canceled at the request of the Client by registered letter, the Developer shall have the right retain the original deposit. In the event this amount is not sufficient to cover the Developer for time and expense already invested in the project additional payment will be due. If additional payment is due, this will be billed to the Client within 10 days of notification via registered letter to stop work. Final payment will be expected under the same terms as listed in Article above. The minimum cancellation fee will be twenty five percent (25%) of the total amount of this contract.
Clients are required to ensure that the content of their website meets all the current USA legislation regarding publications. The client shall further indemnify Web Design by Niva Corp in respect of any claims, costs and expenses that may arise from any material included in their site by Web Design by Niva Corp at the client’s request.
Web Design by Niva Corp reserves the right not to include any material supplied by the client if Web Design by Niva Corp deems it inappropriate or offensive.
Permissions and Copyrights.
The client will obtain all the necessary permissions and authorities in respect of the use of all copy, graphics, registered company logos, names and trademarks or any other material supplied by the client.
Supply of above-mentioned material by the client shall be regarded as a guarantee by the client to Web Design by Niva Corp that all such permissions and authorities have been obtained.
No responsibility will be accepted by Web Design by Niva Corp for damages to or losses incurred by the client from the use of material for which the required permission or authority has not been obtained.
All original graphics designed and supplied by Web Design by Niva Corp, remain the property of Web Design by Niva Corp until the client’s account has been paid in full, at which time ownership and copyright of said graphics will reside with the client.
Web Designer Credit.
The Designer shall have the right to include a credit line with live link to Web Design by Niva Corp website on any website developed by Web Design by Niva Corp at the very bottom of each page or in any publication of the design by the Client. The Client shall not, without written approval, use the Designer’s name for promotional or any other purposes with respect to these designs.
Web Design by Niva Corp is not responsible for your search engine promotion or marketing of any kind. Web Design by Niva Corp may offer to help you optimize your site and suggest appropriate search engine submission guidelines for your marketing if requested.
Web Design by Niva Corp will perform regular website maintenance, if requested, for a yearly or half yearly fee. (Please check current prices.) Maintenance will consist of no more than 2 hours per month for the term of the maintenance contract. Hours are not transferable between months and maintenance only includes working on existing material within the site.
Any additions to the site. Text, pages, photos, graphics, tables, etc, will be charged at an hourly rate with a minimum of one (1) hour. (Please check current prices.)
Clients requiring maintenance to their site can choose to pay on an hourly basis if they do not wish to take up one of the half yearly or yearly options.
Web Design by Niva Corp will not accept any responsibility for any alterations performed by either the client or a third party which cause errors in the site. Such alterations include, but are not limited to, additions, modifications or deletions.
If Web Design by Niva Corp are required to correct any errors resulting from such alterations, the client will be charged the current hourly rate.
Website Development / Design.
All costs quoted are approximate only based on Web Design by Niva Corp understanding of the requirements as outlined in communications between the customer and Web Design by Niva Corp. Times and fees may vary due to items such as inconsistent data / database structures, inconsistent image format and quality, client changes etc. The customer will be charged for additional costs incurred by Web Design by Niva Corp due to unforeseen / unspecified circumstances.
Web Hosting Fees.
Web Hosting costs generated by the Web site and/or Email will be invoiced in advance and are payable 14 days from the invoice date. Extra Data Traffic costs are invoiced in arrears and are payable 14 days after the invoice date. Failure of payment will result in de-activation of the Web site and email. Web Design by Niva Corp reserves the right to charge a re-connection fee of $50.00.
Warranties and Liability.
Client agrees that any material submitted for publication will not contain anything leading to an abusive or unethical use of the Web Hosting Service, the Host Server or the Developer. Abusive and unethical materials and uses include, but are not limited to, pornography, obscenity, nudity, violations of privacy, computer viruses, harassment, any illegal activity, spamming, advocacy of an illegal activity, and any infringement of privacy.
Client hereby agrees to indemnify and hold harmless the Web Design by Niva Corp from any claim resulting from the Client’s publication of material or use of those materials.
It is also understood that the Web Design by Niva Corp will not publish information over the Internet which may be used by another party to harm another. Web Design by Niva Corp will also not develop a pornography web site for the Client. Web Design by Niva Corp reserves the right to determine what is and is not pornography.
Web Design by Niva Corp does not warrant the functions of the site will meet Client’s expectations of site traffic or resulting business or that the operation of the web pages will be uninterrupted and / or error-free. Web Design by Niva Corp is not being held responsible for occasional downtime of email or web site due to line interruptions and/or other instances beyond Developers control.
Web Design by Niva Corp reserves the right to change these Terms and Conditions without notice to the Client. It is the responsibility of the Client to review Web Design by Niva Corp periodically to ascertain whether these Terms and Conditions have changed. The amended Terms and Conditions will become effective as soon as they are posted on our Web site, following which, if the Client continues to use the service, the Client is deemed to have agreed to be bound by those amendments