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These IBSpot Custom Website Design Terms & Conditions ("Terms") are entered into by, as applicable, the customer signing these Terms or any document that references these Terms or that accepts these Terms electronically ("Client") and IBSpot. These Terms govern the relationship between the Client and IBSpot in relation to the development of the website and, as applicable, any purchase orders or service agreements ("Purchase Order") executed by and between the parties. These Terms and any applicable Purchase Order are collectively referred to as the "Agreement."
This Agreement constitutes the entire and only agreement between IBSpot and you. This Agreement supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to IBSpot, the content, products, and services provided by or through IBSpot, and the subject matter of this Agreement. IBSpot and Customer hereby agree and acknowledge:
1. Website Design
Whilst every endeavor will be made to ensure that the website and any scripts or programs are free of errors, IBSpot cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it. Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by IBSpot remain the copyright of IBSpot and may only be commercially reproduced or resold with the permission of IBSpot.
IBSpot 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 of IBSpot and where no charge is made by IBSpot for such additions, IBSpot 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.
2. Website Content
The client agrees to make available as soon as is reasonably possible to IBSpot all materials required to complete the site to the agreed standard and within the set deadline. The Client acknowledges that the deadline for completion may be delayed if the Client does not cooperate or does not promptly respond to IBSpot’s requests.
3. Changes to Designs
IBSpot will make every endeavor to create a website that is satisfactory to the client. To this end, IBSPot will allow certain changes to be made to the website after completion of the respective stage of design. Requests for changes will be restricted to the services and agreements made as stated in the Purchase Order. Any requests for changes to the website that are not included in the services listed the Purchase Order will incur additional charges which will be detailed in a separate Purchase Order. Any errors made to the Visual Design, font, and contents by IBSpot will be corrected as many times as needed. Any errors made by the Client in any content and images provided to IBSpot will be limited to the respective amounts below. Under the foregoing conditions, IBSpot will allow the following changes:
a) Each element of the Visual Design of the site that is allowed by Purchase Order may be requested to be changed a maximum of (1) one time. Any additional changes will incur charges of $50 per hour. Visual Design changes are limited to the following elements:
i) Adding or removing a button.
ii) Changing any image.
iii) Changing color scheme.
iv) Changing page layout.
b) Any font and content changes that are allowed by the Purchase Order may be changed maximum of (2) two times each. Any additional changes will incur charges of $50 per hour. Content changes are changes to the textual content of the website that have been provided by the Client. The textual content does not include any text that is in the form of an image.
4. Payment
Full, upfront payment for the amount stated in the Purchase Order is required with any project before any design work will be carried out. Any additional costs incurred during the development process will be due upon completion of the website. The website, graphics and any programming code remain the property of IBSpot until all outstanding accounts are paid in full.
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.
5. Cancellation
The Client may cancel the Purchase Order at any time. IBSpot has the right to cancel the order and refund in the following cases:
a) The client does not give IBSpot all the data necessary for customization.
b) The client demands unreasonable revision of the order.
c) The client does not cooperate and does not respond to IBSpot’s requests within reasonable time limits.
d) IBSpot billing officers suspect the payment to be fraud.
In the case where cancellation takes place after development has begun, the Client must pay $50 per hour of work completed.
6. Compatibility
IBSpot will endeavor to ensure that any developed/designed site or application will function correctly on the server it is initially installed in and that it will function correctly when viewed with the web browsing software Microsoft Internet Explorer Versions 5,6, and 7, Safari Version 2, and to an acceptable level with Mozilla browsers. IBSpot can offer no guarantees of correct function with all browser software.
7. Website Hosting
Whilst IBSpot recommends hosting companies to host websites, no guarantees can be made as to the availability or interruption of this service by IBSpot 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. IBSpot reserves the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial, and also to terminate the free hosting service should the necessity arise.
8. License
Our website grants you non-exclusive limited license to use the web templates and other products sold through our web site by independent content providers (the "products") in accordance with these Terms and Conditions (the "license") issued by our company.
a) LIMITED USAGE GRANTED. You may use each individual product on a single website only, belonging to either you or your client. You have to purchase the same template once more in order to make another project with the same design.
b) MODIFICATIONS. You are authorized to make any necessary modification(s) to our products to fit your purposes.
c) UNAUTHORIZED USE. You may not place any of the products, modified or unmodified, on a diskette, CD, website or any other medium and offer them for redistribution or resale of any kind without prior written consent from our company.
d) ASSIGNABILITY. You may not sub-license, assign, or transfer this license to anyone else.
e) OWNERSHIP. You may not claim intellectual or exclusive ownership to any of our products, modified or unmodified. All products are property of independent content providers. Our products are provided "as is" without warranty of any kind, either expressed or implied. In no event shall our juridical person be liable for any damages including, but not limited to, direct, indirect, special, incidental or consequential damages or other losses arising out of the use of or inability to use our products.
9. Limitation of Liability
In no event shall either party be liable for special, indirect, incidental, or consequential damages, including, but not limited to, loss of data, loss of use, or loss of profits arising there under or from the provision of services; IBSpot will not be subject to any liability whatsoever for:
a) costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
b) any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner.
c) 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.
d) 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
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