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Terms & Conditions By placing an order with PhilippinesWebDesigning.com(PWD), you confirm that you are in agreement with and bound by the terms and conditions below. Definitions:The Client: The company or individual requesting the services of PWD. PWD: Primary designer/site owner & freelancer or affiliates. GeneralPWD will carry out work only where an agreement is provided either by email, telephone, mail or text. PWD will carry out work only for clients who are 18 years of age or above. An ‘order’ is deemed to be a written or verbal contract between PWD and the client, this includes telephone and email agreements. Website DesignWhilst every endeavor will be made to ensure that the website and any scripts or programs are free of errors, PWD cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it. For the Php5,000 promotional offer, we only design basic static web layout, includes: Layout design, redesign and remodification Content data entry and redesign Maximum of 5 sub pages only including the homepage. Special scripts like contact form, live chat, shopping cart, ajax codes, login form, search, video streaming or any other special dynamic scripts are not included in the promotional offer. Special codes can be added base on client request but with additional cost base on the codes and time frame. The website, graphics and any programming code remain the property of PWD until all outstanding accounts are paid in full. Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by PWD remain the copyright of PWD and may only be commercially reproduced or resold with the permission of PWD. PWD cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material. Any additions to the brief will be carried out at the discretion ofPWD and where no charge is made by PWD for such additions, PWD accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions. The client agrees to make available as soon as is reasonably possible to PWD all materials required to complete the site to the agreed standard and within the set deadline. PWD will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines. PWD will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner. PWD will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents. PWD will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents. A deposit of 50% is required with any project before any design work will be carried out. Once a website has been designed and completed the final balance of payment is then due in accordance with our payment terms. There are no exceptions to this, i.e If the client decides they no longer want the site, as they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been done. Non payment will result in legal action being taken if necessary. Web Design Service Level, Cancellation and RefundCancellation of project can be done within a week after the first deposit has been made. Please do note that domain registration and web hosting are non refundable specially when the one week grace period is over. If you are not happy with the result of the project, a refund is applicable subject for evaluation of our management team . If our developer team doesn't meet your standard from the ORIGINAL quote project you've requested within 3 weeks, then we can send you back the amount of your deposit less other certain charges or deductions like domain renewal, hosting, images, etc. Database, Application and E-Commerce DevelopmentPWD cannot take responsibility for any losses incurred by the use of any software created for the client. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use. Any scripts, cgi applications or software (unless specifically agreed) written by PWD remain the copyright of PWD and may only be commercially reproduced or resold with the permission of PWD. Where applications or sites are developed on servers not recommended by PWD, the client is expected to provide or seek any information,additional software,support or co-operation pertaining to the server required in order for the application to be correctly developed. Where large applications are to be developed, it is the clients responsibility to provide a suitable testing environment which is identical to the final production environment. The client is expected to test fully any application or programming relating to a site developed by PWD before being made generally available for use. Where “bugs”, errors or other issues are found after the site is live, PWDl will endeavor (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief. Website HostingWe offer limited hosting services to smaller sites by buying server space from a company that we have been using since 2007. This company is Web Hosting Buzz. They have great customer and technical service as well as an impressive uptime history. Data Transfer LimitsOur monthly data transfer limit is 1GB per Month, if data transfer exceeds this limit it will be charged at PHP 1.00 per MB. Whilst PWD recommends hosting companies to host websites, no guarantees can be made as to the availability or interruption of this service by PWD cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss. Hosting Payment Policy & Billing ProceduresAll accounts are set up on a pre-pay basis. We accept payments via Bank to Bank(preferred), Check, Money Order, PayPal, and Western Union. Setup fees are charged for all new accounts that are paid on a monthly basis and major account changes and are non-refundable. All pricing is guaranteed for the term of pre-payment. PWD Limited reserves the right to change prices at any time. Payment is due each anniversary month or period following the date the account was established. If 10 days have passed and payment has not been posted, the account will be suspended until further notice. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies PWD Limited to request termination of services. Payment of AccountsA deposit is required from any new client before any work is carried out. It is the PWD policy that any outstanding accounts for work carried out by PWD or its affiliates are required to be paid in full, no later than 30 days from the date of the email invoice unless by prior arrangement with PWD. Once a deposit is paid and work completed you are obliged to pay the balance of payment in full. We will contact clients via email and telephone to remind them of such payments if they are not received when due. Passing of RightsOnce all amounts due to us from you are paid and cleared you are assigned the rights to use, as applicable, the products and services, including, the web site which includes the text, graphics, animation, audio components and digital components contained within the finished web site, in accordance with these terms and conditions, the Project Agreement and any applicable agreement, terms or licence but no rights of ownership are conveyed unless specifically stated in the Project Contract. No such rights as described in above will pass until all amounts due to us from you are paid. This means that we will have a lien over any service, products, data or information. If you have not paid the invoice in full within 2 months from the date of the invoice you agree that you will forfeit your rights. The rights to photographs, graphics and any third party items such as source code, always remain the property of their respective owners. Unless you have our specific written agreement in the Project Contract, all products, including Content Management Systems, interfaces, navigational devices, menus, menu structures or arrangements, icons, help, all operational instructions, scripts, cgi applications, software, programming/source code, and all other components of any source or object computer code that comprises the Website, all literal and non-literal expressions of ideas that operate, cause, create, direct, manipulate, access, or otherwise affect the Content and design elements used or developed and all software, and our products and results of our services remain our property and we retain full ownership rights and all intellectual property rights. You specifically agree not do anything that may in any way infringe upon or undermine our rights, title, or interest in the Website or our products and services. This includes, but is not limited to, any sale, transfer or gift of the whole or of any part of any item, data or anything whatsoever that we own. You fully understand that we may reproduce, reuse, develop and use in any other way we choose, anything within our ownership |