Here are the following terms of a legal agreement between you and WorksDelight, referred to as WD below. Here, we clearly define the aspects of our business relationship with you.
All site content (text and multimedia) will be the Client's sole responsibility to provide to WD. Such should be provided before commencing the work. The Client is solely responsible for taking a proper backup of all content on their site before letting WD undertake the required course of action towards meeting the Contract. Any loss or damage to existing data shall not be the responsibility of WD under any circumstances. The Contract does not hold WD responsible for any data entry, web hosting or custom artwork/graphics-related work/tasks unless otherwise specifically mentioned, paid for and agreed to by both the parties towards such. Any artwork, images, or text supplied and/or designed by WD on behalf of the Client, will remain the property of WD and/or its suppliers unless otherwise agreed. While WD will do its best to achieve all deliveries within the estimated time, there may, at times, be the need to extend or adjust the time in cases of any unavoidable and non-forecasted situations like those of deployment issues, dependencies, 3rd-Party support, development bottlenecks, resource unavailability due to an emergency, communication delays and the like.WD will provide the Client an opportunity to review the appearance and content of the Website during the design and once they are completed. WD shall wait for a period of 1 calendar week to hear any feedback on such shared work/outputs from the Client. In the event the Client does not reply within this period, such material will be deemed to have been automatically accepted and approved by the Client. The Client retains the copyright to data, files and graphic logos provided by the Client and grants WD the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that a third party copyrights. The Client is further responsible for granting WD permission and rights for the use of the same and agrees to indemnify and hold harmless WD 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/or placement shall be regarded as a guarantee by the Client to WD that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.WD will not accept responsibility for any alterations caused by the Client or a third party occurring to the Client's pages/website once installed/deployed. Such alterations include but are not limited to additions, modifications, or deletions. WD may require a one-off Web Development charge before resolving any issues that may arise. A cancellation fee may be charged if the Customer cancels the Service before completion. The fee will equal the amount of work completed at the time of cancellation. A non-payment of cancellation fee and/or overdue amount will result in legal action upon necessity.
As the site launches, we offer free support for the first month. After one month of free Service, we charge according to our various price packages best suited to the Client's requirement. We also provide attractive discounts if the Client chooses a higher price package. The scope of support only includes any bug fixing and email support and excludes any issues related to the site architecture, rule changes, and add-ons/enhancements. WD shall provide no guarantees or warranties for the accuracy or performance of such 3rd-Party product/service. Any upgrade in the 3rd-Party product/service being used in the project shall not be part of the scope at WD. Such shall be addressed per feasibility, and WD may call for revision of price and time.
Any additional features not envisaged in the scope of work would be entertained through a Change Management process and be additionally billed. Scope Creeps after wireframe sign-off would be billed as additional, and timelines and delivery costs would increase. While we try our best to cover most changes within the site's budget, some changes are classified as enhancements/add-ons to the system and become chargeable; we will advise you before we start work on any such items. Any re-work, change, or tweak request by the client post-approval and/or further to the subsequent stage of the project process might be treated as add-on work and be additionally billed. The Client must pay the fee charged by WD without any deductions, discounts or debt settlement by the agreed due dates.
WD will use reasonable skill and care in providing the Service. However, we make no representation and exclude any warranty, express or implied, as to the availability, quality, accuracy, timeliness, completeness, performance or fitness of the Service. WD, as a result of this, excludes itself, its Employees, and/or Agents from all and any liability for loss or damage caused by any inaccuracy; omission; delay or error, whether the result of negligence or other cause in the production of the Website; All and any liability for loss or damage to clients' artwork/photos, data/content supplied for the site. This is whether the loss or damage results from negligence or otherwise. Except in the event of death or personal injury caused by our negligent acts or omissions, we shall not be liable in any way for any damages arising in Contract, tort or otherwise in respect of loss or damage arising out of or in connection with this Agreement or operation of the Service. In no event will we be liable for any direct, indirect or consequential damages in Contract or tort, including loss of profit, loss or damage to property or relating to claims made by third parties. WD cannot make guarantees of Service on behalf of third-party organizations and will not be held liable for the failure in any service provided by third parties.
The project will involve various stages, and the work for the next stage will only start after receiving the sign-off and relevant payments for the previous stage as agreed. All code and material developed will be transferred post-completion of the project and after sign-offs. The code ownership will reside with the Client after final payments. WD holds the Right to publish and use the completed work and/or even the deployed final produce/website for references to other potential clients. In the circumstances such as are required to be withheld, the Client shall notify WD well in advance and request prior and proper approvals towards the same.
In the event any one or more of the provisions of this Agreement and/or Order shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement and/or Order shall be unimpaired, and the Agreement and/or Order shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the parties' intention underlying the invalid, illegal, or unenforceable provision.
