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Web Design Terms & Conditions |
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1. Authorization. The Client is engaging Spanlogic Solution Sdn
Bhd, a registered company located at 27B, Jalan Perai Jaya 3, Bandar Perai Jaya,
13600 Perai, Penang, Malaysia, as an independent contractor for the specific project
of developing and/or improving a World Wide website to be installed on the client's
web space on a web hosting service's computer. The client hereby authorizes Spanlogic
to access this account, and authorizes the web hosting service to provide Spanlogic
with "write permission" for the client's webpage directory, cgi-bin directory, and
any other directories or programs which need to be accessed for this project. The
client also authorizes Spanlogic to publicize their completed website to Web search
engines, as well as other Web directories and indexes.
2. Standard Website Package Elements. (For Standard Website Packages
Only. Cross out for online stores.) Package information may be obtained from the
specific package's website at www.spanlogic.com.
3. Standard Website Packages only. (Cross out this section for
online stores.) The content of the webpages will be supplied by the Client. The
limit of the website design package chosen is as per specified in the website at
www.spanlogic.com. In case the client desires additional standard webpages beyond
the original number of pages specified above, the client agrees to pay Spanlogic
additional cost for each additional webpage at the prevailing rate. Where custom
graphic work is requested, it will be billed at the prevailing hourly rate. The
store size and additional services, and prices of each are detailed on the price
list brochure.
4. Online stores only. (Cross out this section for Standard Website
Packages.) The text and graphic content of the webpages will be supplied by the
client. It is understood that total prices calculated below are likely to vary from
the final amount due to different quantities of products, categories, photos, regular
pages, etc. in the final store. An Estimate from Spanlogic shall govern the prices
for the contract. Notwithstanding any prices listed in literature or on webpages,
the client and Spanlogic agree that the services described above in this section
shall be completed for the amount as per invoiced and upon this amount the first
payment shall be determined. The final payment shall reflect and include all elements
actually completed at the prices attached. We include e-mail/phone consultation
of up to 2 hours total general Internet orientation education, marketing strategy,
Web design consultation, and helping clients learn to use the store software. Telephone
long distance charges are in addition to package rates quoted. Additional education
and consultation is at our hourly rate.) Product webpages, products, or photos added
after the store is ready for advertising to the Web search engines will be calculated
for actual time spent at the hourly rate specified below.
5. Maintenance and Hourly Rate. Minor webpage maintenance to regular
and existing webpages (not store product pages) over a twelve (12) month period,
including updating links and making minor changes to a sentence or paragraph. It
does not including adding/removing more than half the original textimages from a
page and replacing it with new text. If the client or an agent other than Spanlogic
attempts updating the client's pages, time to repair webpages will be assessed at
the hourly rate, and is not included as part of the updating time. The twelve (12)
month maintenance period commences upon the date of the project delivery. Changes
requested by the client beyond those limits will be billed at the prevailing hourly
rate. This rate shall also govern additional work authorized beyond the maximums
specified above for such services as general Internet orientation education, marketing
consulting, webpage design, editing, modifying product pages and databases in an
online store, and art, photo, graphics services, and helping clients learn how to
use their own webpage editor. Programming charges (if any), consultation charges
(if any), design charges (if any), and marketing effort charges (if any) are not
included in this rate.
6. Changes to Submitted Text / Approved Design.
Please send us your final text. Time required to make substantive changes to client-submitted
text after the webpages have been constructed will be additional, billed at the
hourly rate.
After a design has been chosen and approved,
Spanlogic will develop the webpages in accordance to the approved design. Substantial
changes to the approved design, for example but not limited to, viewing resolution,
color schemes, navigation menu location will be additional, billed at the prevailing
hourly rate.
7. Web Hosting. The client understands that any web hosting services
require a separate contract with a web hosting service provider. The client agrees
to select a web hosting service which allows Spanlogic full access to the website
and a cgi-bin directory via FTP and telnet. The client further understands that
if the web hosting service's operating system is not a Windows Server 2000/2003
system, some or all parts of the deliverables may not work, and providing a substitute
may incur additional charges.
8. Completion Date. Spanlogic and the client must work together
to complete the website in a timely manner. We agree to work expeditiously to complete
the website no later than the number of working days quoted in the official quotation
which the Client accepts. If the client does
not supply Spanlogic complete text and graphics content all webpages contracted
for within two (2) months of the date this contract was signed, this contract shall
be null and void and Spanlogic shall not be liable to refund any monies paid by
the Client.
9. Payment of Fees. Fees to Spanlogic are due and payable on the
following schedule: 50% upon signing this contract, 50% when the webpages have been
constructed according to the client's original written specifications. If the total
amount of this contract is less than RM1500, the total amount shall be paid upon
signing this contract. In case the client has not secured Web space on a web hosting
service by the time the webpages are completed, the webpages may be delivered to
the client on diskette or attached to an e-mail message. Advertising the pages to
Web search engines and updating occur only after the final payment is made. All
payments will be made in Malaysian funds.
10. Assignment of Project. Spanlogic reserves the right to assign
subcontractors to this project to insure the right fit for the job as well as on-time
completion.
11. Legal. Spanlogic does not warrant that the functions contained
in these webpages or the Internet website will meet the client's requirements or
that the operation of the webpages will be uninterrupted or error-free. The entire
risk as to the quality and performance of the webpages and website is with client.
In no event will Spanlogic be liable to the client or any third party for any damages,
including any lost profits, lost savings or other incidental, consequential or special
damages arising out of the operation of or inability to operate these webpages or
website, even if Spanlogic has been advised of the possibility of such damages.
If any provision of this Terms & Conditions shall be unlawful, void, or for
any reason unenforceable, then that provision shall be deemed severable from this
Terms & Conditions and shall not affect the validity and enforceability of any
remaining provisions.
12. Copyrights and Trademarks. The client represents to Spanlogic
and unconditionally guarantees that any elements of text, graphics, photos, designs,
trademarks, or other artwork furnished to Spanlogic for inclusion in webpages are
owned by the client, or that the client has permission from the rightful owner to
use each of these elements, and will hold harmless, protect, and defend Spanlogic
and its subcontractors from any claim or suit arising from the use of such elements
furnished by the client.
13. Laws Affecting Electronic Commerce. From time to time governments
enact laws and levy taxes and tariffs affecting Internet electronic commerce. The
client agrees that the client is solely responsible for complying with such laws,
taxes, and tariffs, and will hold harmless, protect, and defend Spanlogic and its
subcontractors from any claim, suit, penalty, tax, or tariff arising from the client's
exercise of Internet electronic commerce.
14. Copyright to Webpages. Copyright to the finished assembled
work of webpages produced by Spanlogic is owned by Spanlogic. Upon final payment
of this contract, the client is assigned rights to use as a website the design,
graphics, and text contained in the finished assembled website. Rights to photos,
graphics, source code, work-up files, and computer programs are specifically not
transferred to the client, and remain the property of their respective owners. Spanlogic
and its subcontractors retain the right to display graphics and other Web design
elements as examples of their work in their respective portfolios.
15. Payment of Fees. In order for Spanlogic to remain in business,
payments must be made promptly. ALL INVOICES
ARE DUE IMMEDIATELY UPON PRESENTATION. Delinquent bills will be assessed a RM15
charge if payment is not received within 10 days of the due date. If an amount remains
delinquent 30 days after its due date, an additional 5% penalty will be added for
each month of delinquency. Spanlogic reserves the right to remove webpages
from viewing on the Internet until final payment is made. In case collection proves
necessary, the client agrees to pay all fees incurred by that process. This Terms
& Conditions becomes effective only when the Client pays the first invoice,
and Spanlogic accepts the payment. The client agrees that for purposes of venue,
the contract was entered into in Perai, Penang, Malaysia, and any dispute will be
litigated or arbitrated in Penang, Malaysia.
Please pay on time.
16. Sole Agreement. The Terms & Conditions contained herein
constitutes the sole agreement between Spanlogic and the client regarding this website.
Any additional work not specified in this contract must be authorized by a written
change order. All prices specified in this contract will be honored for six (6)
months after both parties engage in the contract. Continued services after that
time will require a new contract.
17. Initial Payment and Refund Policy. The total amount of the
contract is as per stated in the initial invoice. The contract begins with an initial
payment as per stated in the initial invoice. If the client halts work and applies
by registered letter for a refund within 30 days, to the Project Director of Spanlogic,
27B, Jalan Perai Jaya 3, Bandar Perai Jaya, 13600 Perai, Penang, Malaysia, phone
(604) 397 6887, work completed shall be billed at the prevailing hourly rate, and
deducted from the payment except for the not refundable initial payment, the balance
of which shall be returned to the client. If, at the time of the request for refund,
work has been completed beyond the amount covered by the initial payment, the client
shall be liable to pay for all work completed at the hourly rate stated above. No
portion of this initial payment will be refunded unless written application is made
within 30 days of signing this contract.
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