It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts the estimate/quote then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.
Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.
Charges for services provided by NetzSolutions Inc. are defined in the Project Estimate and Quotation that the Client receives via e-mail. Quotations are valid for a period of 30 days ( one month ) NetzSolutions Inc. reserves the right to alter or decline to provide a quotation after the deadline of 30 days ( one month ).
Unless agreed upon otherwise with the Client, all web/application design and development services require an advance payment of minimum of fifty percent (50%) of the project quotation’s total amount before the work is supplied to the Client for review. A second charge of twenty five ( 25%) percent is required after the development stage, with the remaining twenty five ( 25%) percent of the project quotation total due upon completion of the work, prior to upload to the server or release of materials.
Payment for services is due by credit / debit, cheque, wire transfer, email transfer. Cheques should be made payable to NetzSolutions Inc. and sent to NetzSolutions Inc., Suite # 2712, 13325 102 A Ave, Surrey, BC, V3T 0J5 Canada. Bank details will be made available on invoices.
3. Client Review
NetzSolutions Inc. will provide the Client with an opportunity to review the look and feel and content of the web/application during the design phase and once the overall web/application development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies NetzSolutions Inc. otherwise within ten (10) days of the date the materials are made available to the Client.
4. Turnaround Time and Content Control
NetzSolutions Inc. will install and publicly post or supply the Client’s web/application by the date specified in the project proposal /quotation , or at date agreed with Client upon NetzSolutions Inc. receiving initial payment, unless a delay is specifically requested by the Client and agreed by NetzSolutions Inc..
In return, the Client agrees to delegate a single individual as a primary contact to aid NetzSolutions Inc. with progressing the commission in a satisfactory and expedient manner.
During the project, NetzSolutions Inc. will require the Client to provide web/application content; text, images, videos / movies and audio files
5. Failure to provide required content:
NetzSolutions Inc. is a small business, to remain efficient we must ensure that work we have programmed is carried out at the scheduled time. On occasions we may have to reject offers for other projects and enquiries to ensure that the scheduled work is completed at the time arranged.
This is why we ask that you ( client ) provide all the required information in advance. On any occasion where progress cannot be made with your web/application because we have not been given the required information in the agreed time frame, and we are delayed as result, we reserve the right to impose a surcharge of up to 25%. If your project involves Search Engine Optimization (SEO) we need the text content for your site in advance so that the SEO can be planned and completed efficiently.
If you agree to provide us with the required information and subsequently fail to do so within 30 business days of the commencement of the project, we reserve the right to close the project and the balance remaining becomes payable immediately. All the above conditions as detailed are as followed- do not give NetzSolutions Inc the go ahead to start until you are ready to begin your project. (If there is an unforeseen delay of more that 30 business days to provide the required information, the Client must notify NetzSolutions Inc. and the NetzSolutions Inc. will reschedule our assets to accommodate said unexpected delay.
NOTE: Text content should be delivered as a readable and readily accessible word document / email (or similar) document with the pages in the supplied document representing the content of the relevant pages on your web/application. These pages should have the same titles as the agreed website pages. Please contact us if you need clarification on this. If your project is based on any ( CMS ) content management system ( e.g Word Press ) you will be able to keep your content up to date your self.
Invoices will be provided by NetzSolutions Inc. upon completion of the Project and must be paid before the web/application is published, live or hosted on the server. Invoices are only sent via email. Invoices are due upon receipt or otherwise specified by our accounts department. Accounts that remain unpaid thirty (30) days after the date of the invoice will be assessed a service charge in the amount of the higher of one-percent (1%) per month.
7. Additional Expenses
Client agrees to reimburse NetzSolutions Inc. for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography , videos, domain names, hosting server cost, content writing charges etc.
8. Web Browsers
NetzSolutions Inc. makes every effort to ensure web/applications are designed and developed to be viewed by the majority of visitors. Web/applications are designed to work with the most popular current browsers (e.g. Firefox, Internet Explorer, Google Chrome, Safari , etc.) Client agrees that NetzSolutions Inc. cannot guarantee correct functionality with all browser software across different operating systems.
NetzSolutions Inc. does not accept responsibility for web pages which do not display acceptably in new versions of browsers released after the web/applications have been designed and handed over to the Client. As such, NetzSolutions Inc. reserves the right to quote for any work involved in changing the web/application design or web/application code for it to work with updated browser software.
Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on NetzSolutions Inc.’s or third party Web servers, NetzSolutions Inc. will, at its discretion, remove all such files from all the related servers. NetzSolutions Inc. is not responsible for any loss of files / data incurred due to the removal of the service. Removal of such files 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 $25.00 USD 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 NetzSolutions Inc. reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by NetzSolutions Inc. in enforcing these Terms and Conditions.
Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. E-mail or telephone requests for termination of services will not be honoured until and unless confirmed in writing. The Client will be invoiced for design and development work completed to the date of first notice of cancellation for payment in full within thirty (30) days.
All NetzSolutions Inc. services may be used for lawful purposes only. You agree to indemnify and hold NetzSolutions Inc. harmless from any claims resulting from your use of our service that damages you or any other party.
The Client retains the copyright to data, text, files, graphic, videos, domain names, logos provided by the Client, and grants NetzSolutions Inc. 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 NetzSolutions Inc. permission and rights for the use of the same and agrees to indemnify and absolve NetzSolutions Inc. from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. A contract for web/application design and development and/or placement shall be regarded as a guarantee by the Client to NetzSolutions Inc. that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested and must be delivered upon request if happenstance.
13. Standard Media Delivery
Unless otherwise specified in the project quotation, this Agreement assumes that any text, photographs and other graphics ( .gif, .jpeg, .png or .tiff format ) will be provided by the Client in electronic format (ASCII text files delivered via e-mail, FTP or our third party project management web tool ( Basecamp ) and that all will be provided Although every reasonable attempt shall be made by NetzSolutions Inc. to return to the Client any images or printed material provided for use in creation of the Client’s web/application. (Such return cannot be guaranteed.)
14. Design Credit
A link to NetzSolutions Inc. will appear in either small type or by a small graphic at the bottom of the Client’s web/application. If a graphic is used, it will be designed to fit in with the overall design/ look and feel. If a client requests that the design credit be removed, NetzSolutions Inc. will remove the credits in a very reasonable time; (not more than 7 business days). The Client also agrees that the web/application designed and developed by us may be presented in NetzSolutions Inc.’s portfolio. If this stipulation is not agreed upon, the Client will express so in writing and NetzSolutions Inc. will comply.
15. Access Requirements
If the Client’s web/application is to be installed on a third-party server, NetzSolutions Inc. must be granted temporary read/write access to the Client’s server and data base directories which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.
16. Post-Web/Application Launch Alterations
NetzSolutions Inc. does not accept responsibility for any alterations caused by a third party occurring to the Client’s website/applications once installed on the server and the website/application is made live. Such alterations include, but are not limited to edits, additions, modifications or deletions.
17. Domain Names/Hosting
NetzSolutions Inc. may purchase domain names and hosting on behalf of the Client as per client’s request. Payment and renewal of those domain names/hosting services is the responsibility of the Client. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of NetzSolutions Inc. The Client should keep a record of the due dates for payment to ensure that payment is received as per the schedule of the perspective aforementioned services.
These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s signature below or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.
19. Governing Law
This Agreement shall be governed by Canadian and US Law.
NetzSolutions Inc. hereby excludes itself, its Subsidiaries companies, Employees and or Agents from all and any liability from:
- Loss or damage caused by content inaccuracies;
- Loss or damage caused by omission;
- Loss or damage caused by delay or error, whether it is the result of negligence or other cause in the designing and development of the web/applications;
- Loss or damage to clients’ artwork/photos (and all content), supplied for the web/application by the client. Immaterial whether the loss or damage results from negligence or otherwise.
- The entire liability of NetzSolutions Inc. to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.
In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement 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 intention of the parties underlying the invalid.