Web Design Project Terms
- All estimates/quotes are based on our understanding of your requirements and as per given time-frame. Any changes to the functionality including micro-improvements, may incur additional costs accordingly. Please ensure and clarify our understanding in a face to face meeting.
- By accepting a quote, you agree to and accept the terms and conditions of Joseph Zdeb IT Consulting. Acceptance can be verbal, by email, payment of Initiation, signing a quote.
- Clients to ensure that we have included all requirements in the quotes/proposals/estimates and that we fully understand their requirements. Clients must provide us with clear guidelines along with the flow or specific details they may require. When such details are not provided, we will proceed with our understanding of the requirements and quote accordingly. At a later stage, if a discrepancy arises, it may lead to additional costs to accommodate the changes. Thus, it is essential that you clarify every aspect of your website development and ensure that you have been quoted on the right requirements.
- Any complexity related to specific tasks, must be advised in advance and included in the proposal for costing purposes. We operate in good faith and rely on our clients to disclose the full picture at the time of quotation. Any discrepancy arising due to unclear requirements will not be borne by Joseph Zdeb IT Consulting.
- There are limited man-hours allocated to your project. Minor changes may be included within the allocated hours. This will be analyzed on a case-by-case basis.
- Joseph Zdeb IT Consulting will make every effort to complete the project/changes in the given timeframe. Reasonable delays are accepted if functionalities are redefined or modified.
- Any delays at client’s end, may delay the project and proposed timeframes and may incur additional costs.
- Any bugs (programming errors) reported during or just after the development does not attract additional charges.
- Any re-work on an already completed task will attract additional charges. Any changes in the design after the design approval will incur additional charges.
- Any modifications requested during the development or after the Go-Live approval will incur additional charges. All additional work, over and above the estimates is charged separately. Under no circumstances will Joseph Zdeb IT Consulting be liable for any delays caused by change in the project brief.
- Website/application content and all related materials need to be provided to us within the first two weeks of starting the project. Any delays thereafter may delay the project and may incur additional charges if it goes beyond reasonable timeframe.
- Our websites/applications are generally tested on PCs and include recent versions of following browsers: Microsoft Edge and Google Chrome. If you require testing to be done on any other browser, please let us know in advance.
- Responsive/multi-device compatible web pages are tested on iPhone and iPads. If you require testing to be done on any other device, please discuss it in advance.
- If your website/application is not hosted on a Joseph Zdeb IT Consulting server, any additional man-hours that may be required due to any server or network related issues are not covered in our quotes and may be charged separately.
- Please note that at any stage during the project, stalling of the project for over two calendar months will incur administration costs @ $100/week plus GST. Furthermore, it may increase the previously approved estimates. If you require the project to be put on hold, please advise us as soon as possible in writing. To put the project on hold without incurring additional charges, we will need the account to be up to date based on the work done. Further details can be discussed if such a situation arises.
- The website or software application will be designed to be deployed on the web, via using a commercial grade web-server or a similar setup. Based on your website traffic, the website may not perform if deployed on a generic office network environment.
- Depending upon the functionalities required, there may be 3rd party components such as Third Party Payment Gateways or SSL certificates involved in building a website/application. Although Joseph Zdeb IT Consulting does its best in recognizing the suitability of any such component, any unforeseen limitations of 3rd party components are beyond our control. Any third-party component purchase costs (such as SSL, Payment gateway, Google Adwords, Plug-in licenses etc) are not included in our quotes.
- Joseph Zdeb IT Consulting takes no responsibility of any open source products such as WordPress, Open Source carts, Joomla etc. It is clients responsibility to update all components and third party softwares. We suggest you to take regular back-ups to avoid any disruptions.
- Joseph Zdeb IT Consulting offer packages in co-ordination with third party providers. Changes to the third party provider’s rules and policies may ultimately effect the services we provide or the terms and conditions herein.
- The client must recognize that at times there may be unforeseen circumstances that will delay the development process, particularly with reference to the integration of third party software. We will try our best to complete the project as agreed in the proposal. As long as it is within a reasonable period, the client agrees not to penalize us for any genuine delay, when every effort to keep the project on the proposed schedule is taken.
- Domain registration/renewal etc charges are not included as a part of any project/proposal unless mentioned otherwise. If required, a quote for which will be submitted separately and approved by the client.
- Hosting charges are not included in the quotations unless mentioned otherwise. Joseph Zdeb IT Consulting can organize an appropriate hosting solution if required, a quote for which will be submitted separately and approved by the client. Where clients decide to organize their own hosting, we should be consulted before finalizing the type of hosting and database, as it should meet the requirements of the technology used for the development. Please note that we’ll require full access with hosting support for testing and deploying the application. Joseph Zdeb IT Consulting will not be liable for any delays or errors caused by direct or indirect actions of the hosting company.
- Joseph Zdeb IT Consulting generally builds and tests the websites/applications on our own servers or hosted domains. Joseph Zdeb IT Consulting cannot give access to their test servers and test websites to the clients or any third party. The website/application can be transferred-off to a nominated 3rd party server upon full payment of all invoices and dues.
- Notwithstanding any other provision in the agreement, in consideration of the Customer entering into this agreement with Joseph Zdeb IT Consulting, upon full payment of any outstanding invoices, Joseph Zdeb IT Consulting will grant an unconditional license to the Customer to reproduce, publish, communicate, use, exploit, vary, or otherwise deal with 1) the graphics, 2) texts and 3) images used in the published website and associated of form and functionality. This will not include the intellectual property relating to the production of the website including the digital strategies, programming codes, database structures, scripts, forms or functionalities.
- All communications/correspondences are generally done via emails. It is client’s responsibility to keep us updated with their relevant email addresses.
Managed Services Terms
Annual Website Maintenance Package Terms
- All maintenance packages are for a minimum of 12 months period.
- Maintenance packages are billed annually.
- Packages may include 12 months basic website hosting and DNS hosting or, in the event that the client chooses third party hosting, strictly maintenance.
- Packages are designed to serve website maintenance tasks only. The hours may not be used for projects such as full redesign or major functionality add-ons.
- Work-hours are tracked in 15minutes blocks. The support time is used once every month to take a full backup of your website. After that, we work on updating your CMS and plugin versions along-with any website fixes that may arise as a result of the updates. Any remaining hours can be used to make changes to the website. Any additional workhours are requested for your approval.
- Joseph Zdeb IT Consulting employs fair use policy, which means that although we don’t formally transfer over any unused time to the next month or formally accumulate unused man-hours, we do understand that your needs may change from month to month, and we allow flexibility in good faith.
- Any extra hours used will be billed separately @ $75/hour plus GST.
- Support requests need to be sent via email to email@example.com.
- Any urgent tasks will be charged separately.
- The package is auto renewed every year on its anniversary date.
- There are absolutely no refunds for any fees related to the monthly maintenance package.
- In case Client need to cancel the auto annual renewal, please inform us in writing (email) at least sixty days prior to the renewal date.
- For any reason if the Client decides to terminate an on-going maintenance package then they will need to pay the balance amount of the remaining months.
- Joseph Zdeb IT Consulting reserves the right to terminate annual maintenance at anytime with written notice to the Client.
Web Site Hosting
Web Hosting is an annual charge which must be paid in advance for the whole year.
It is the client’s responsibility to renew the hosting in time ie. before the expiry date. Failure to renew in time can lead to loss of files, data, emails, backups etc. All unpaid hostings are disabled or deleted from the server.
All renewals must be paid by thirty days prior to the expiry date. Joseph Zdeb IT Consulting will not be responsible for issues relating to delayed payment.
Hosting are on shared and non-shared servers hosted via third party providers. Joseph Zdeb IT Consulting ensures best to our ability that our systems and servers are protected from hackers, viruses, intruders and other online and offline problems, however we will not be held liable for any disruption of services if such situation arises.
Client is solely responsible for the content stored on and served by the hosting service purchased and the activity of any scripts or email services created under the hosting service. The Customer must maintain the security of all account passwords and applications or scripts and ensure all scripts under the hosting service are free from malicious content that may harm any part of the Server, other client accounts hosted, or the external systems of visitors viewing the hosted content.
Incase of a malware attack, Joseph Zdeb IT Consulting reserves the right to delete files on the hosting service without giving any prior notice.
Hosting Cancellation requests must be sent in writing or by email sixty days prior to the expiry of the same. Once the hosting has been renewed, it cannot be cancelled and must be paid for the full year.
If the hosting is not paid and renewed before the expiry date. We reserve the right to disable the hosting and all associated services including emails and dns records. Additional charges will be applicable to re-enable the hosting. Joseph Zdeb IT Consulting will not be responsible for any loss of data, files, emails, backups, restoration costs etc.
If a hosting has been cancelled / disabled then all files, emails, databases and backups will be deleted from the server without any notification to the client.
All emails are to be downloaded on the client’s computer periodically. Email boxes must be kept within their quota limits. Periodical maintenance may be carried out on the email box and usage updates may be provided.
Client’s must not use the email hosting for inappropriate content and other undesired emails which can result in spamming or infecting the server. Under such circumstances, immediate action will be taken and the required files and data will be deleted without any prior notice.
Joseph Zdeb IT Consulting offers packages in co-ordination with third party providers. Changes to the third party provider’s rules and policies may ultimately effect the services we provide or the terms and conditions herein.
All domain registrations and renewals are to be paid in advance.
Expiration of a domain can result in service disruption and loss of domain.
Joseph Zdeb IT Consulting will not be responsible if a domain expires due to non-payment / late payment of the charges. All payments must be made within thirty days before the expiry date.
It is client’s responsibility to renew their domain names if Joseph Zdeb IT Consulting does not control the domain registration.
All invoices must be paid in full before we release the requested domain name.
Joseph Zdeb IT Consulting manages domain registrations in a common portfolio and therefore cannot give access to its domain control panel.
Joseph Zdeb IT Consulting can manage DNS entries for client domains for an added fee @ $75/hour plus GST or as part of a annual maintenance package.
All content of this website is a property of Joseph Zdeb IT Consulting unless otherwise specified. Joseph Zdeb IT Consulting reserves the right to change the content or policies without any prior notice.
The project related copyrights can be transferred to the client at an additional cost, after the full payment of the project and upon signing the Certificate of Acceptance. Joseph Zdeb IT Consulting reserves the rights to refuse the transfer of ownership if irregular circumstances arise.
Copyrights handed over to the client do not include rights to re-use the code for another website or re-sell the programming codes for any commercial or non-commercial purposes. In the case of business restructuring or ownership change, ownership of the website may be transferred from one owner to another. New owners are not allowed to re-sell or re-use for any commercial or non-commercial purpose.
In an event of a Webmaster change, site owners are not allowed to display the credits to the new website, unless such time that the website functionality and appearance is changed by over 50% of our original work.
Disputes, Liability and Indemnity
In an event of a dispute, Joseph Zdeb IT Consulting reserves the right to charge the client in full for the work done as well as for the resources spent in managing the dispute. In such an event, Joseph Zdeb IT Consulting reserves the right to charge the client without honoring any discounts that were previously honored in good faith. Under no circumstances will Joseph Zdeb IT Consulting be liable for any damages arising from misrepresentation or misinformation.
Joseph Zdeb IT Consulting reserves the right to refuse service to any client, if these are not aligned with our business operating principles and policies.
Joseph Zdeb IT Consulting provides its services as is, without any guarantees on security or other issues leading to loss of data, sale or reputation. We ensure to the best of our ability that our systems and servers are protected from hackers, viruses, intruders and other online and offline problems, however we will not be held liable for any disruption of services if such situation arises.
Relationship of Joseph Zdeb IT Consulting with its suppliers, partners and sub-contractors is of an independent nature. None of the parties have any power, right or authority to interfere or bind the other or assume or create any obligation or responsibility, whether expressed or implied, on behalf of the other or in the other’s name.
Client will indemnify and hold Joseph Zdeb IT Consulting, its licensors, content providers, service providers, employees, agents, officers, directors, contractors and sub-contractors (the “Indemnified Parties”) harmless from your breach of any of these Terms And Conditions or any other terms, conditions, policies or procedures herein, including, without limitation, any use of content other than as expressly authorized in these Terms and Conditions. Client agrees that the indemnified parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify and hold harmless the Indemnified Parties from any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information obtained from Joseph Zdeb IT Consulting.
Joseph Zdeb IT Consulting will not be liable for any breach of the agreement which is caused by a matter beyond its reasonable control including but not limited to Act of God, fire, lightning, explosion, war, disorder, flood, earth quake, industrial disputes (whether or not involving their employees), extremely severe weather, or acts of local or central government or other competent authorities.
Payment / Refund Terms
- All prices are quoted in Canadian dollars plus GST unless otherwise specified.
- Invoices are to be paid in full within 30 days of the invoice date (NET 30).
- Payments can be made by cheque, e-Transfer or EFT.
- Cheque payments are to be made out to Joseph Zdeb IT Consulting or 2376195 Alberta Ltd. and make reference to the invoice number.
- e-Transfers can be sent to firstname.lastname@example.org. e-Transfers are set to auto deposit and do not require a question or password.
- For EFT information, please contact us at email@example.com.
- Depending on the complexity of your project or third party expenses to be paid on the client’s behalf, Joseph Zdeb IT Consulting may require a deposit or milestone payments to be made.
- Milestone payments must be made within 5 working days of achieving each milestone/schedule, unless mutually agreed otherwise.
- Receipt of payment is deemed as acceptance of the quote, milestone, delivery, project and terms & conditions.
- Late fees and charges: All outstanding invoices will incur a late fee of 2% per month (24% per annum) of the overdue amount calculated on the due date.
- Due date: Is the date on which the payment is due as per the terms on the invoice.
- Debt Collection: Client is provided a further 7 days after late payment fee is applied to pay the invoice. Failure to pay will result in the outstanding amount referred to a debt collector. Joseph Zdeb IT Consulting will not be liable for any costs or charges associated with the recovery of the outstanding amount. Any charges associated with the recovery of the outstanding amount (debt collectors, administration charges, legal fees) will be referred to the client for processing.
- If you are late with a payment or have any queries regarding the Invoice, please contact us at firstname.lastname@example.org immediately upon receiving the invoice or reminder emails.
- All communications/correspondences are generally done via emails. It is client’s responsibility to keep us updated with their relevant email addresses.
- Any payment relating to the domain name registration renewal or hosting or any 3rd party products or service purchased on behalf of the client will have to be paid in full and is non-refundable. In case of all renewal cancellations, we must be notified at least 30 days before the renewal date.
- Joseph Zdeb IT Consulting generally builds and tests the websites/applications on our own servers or hosted domains. The website/application will be transferred-off to the nominated 3rd party server upon full payment of all invoices and dues.