TERMS AND CONDITIONS
These are the standard terms and conditions for Website Design and Development and apply to all contracts and all work undertaken by Promotion for its clients.
Deposit & Fees
A 35% deposit of the total fee payable under our proposal is due immediately upon you instructing us to proceed with the website design and development work.
The remaining will be pay in two step, when we submit your project demo then you assure 35% to pay. After then project creation when the work is completed to your reasonable satisfaction but subject to the terms of the “approval of work” and “rejected work” clauses then you pay remain 30%. We reserve the right not to commence any work until the deposit has been paid in full.
The 35% deposit is only refundable if we have not fulfilled our obligations to deliver the work required under the agreement. The deposit is not refundable if the development work has been started and you terminate the contract through no fault of ours.
SUPPLY OF MATERIALS
We are promise ourself when we get total requirement from you then and only after then we may proceed further step for accomplishing your project. You must supply all materials and information required by us to complete the work in accordance with any agreed specification in a senseable mentality. Such materials may include, but are not limited to, photographs, written copy, logos and other printed material. Where there is any delay in supplying these materials to us which leads to a delay in the completion of work, we have the right to extend any previously agreed deadlines by a reasonable amount.
Where you fail to supply materials, and that prevents the progress of the work, we have the right to invoice you for any part or parts of the work already completed in both situation consideration.
We are pleased to offer you the opportunity to make revisions to the design which we design on your thought. However, we have the right to limit the number of design proposals to a reasonable amount and may charge for additional designs if you make a change to the original design specification.If you asked for modifacation the design which is totally different from your previous description ,then you must pay for this modification if it need great change or demands to start from the begin.Our website development phase is flexible and allows certain variations to the original specification. However any major deviation from the specification will be charged at the rate of 1 -1 /2% for each revision.
PROJECT DELAYS AND CLIENT LIABILITY
Any time schedule or estimates that we give are eventuality upon your full Support and complete and final allowances in photography for the work pages. During development there is a certain amount of feedback required in order to progress to next phases. It is demanded that a single point of contact be appointed from your side and be made available on a daily basis in order to expedite the feedback process.
APPROVAL OF WORK
On completion of the work you will be notified and have the opportunity to review it. You must notify us in writing of any unsatisfactory points within 7 days of such notification. Any of the work which has not been reported in writing to us as unsatisfactory within the 7-day review period will be deemed to have been approved. Once approved, or deemed approved, work cannot subsequently be rejected and the contract will be deemed to have been completed and the 50% balance of the project price will become due.
If you reject any of our work within the 7-day review period, or not approve subsequent work performed by us to remedy any points recorded as being unsatisfactory, and we, acting reasonably, consider that you have been unreasonable in any rejection of the work, we can elect to treat this contract as at an end and take measures to recover payment for the completed work.
Upon completion of the 7-day review period, we will invoice you for the 50% balance of the project and any additional agreed costs which we incurred.
WARRANTY BY YOU AS TO OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS
You must obtain all necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names and trade marks, or any other material that you supply to us to include in your website or web applications.
You must indemnify us and hold us harmless from any claims or legal actions related to the content of your website.
Once you have paid us in full for our work we grant to you a license to use the website and its related software and contents for the life of the website.
We shall not be liable for any loss or damage which you may suffer which is in any way attributable to any delay in performance or completion of our contract, however that delay arises.
To the full extent permitted by law, all terms, conditions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise (other than the express provisions of these terms and conditions) relating in any way to the services we provide to you are excluded. Without limiting the above, to the extent permitted by law, any liability of Promotion under any term, condition, warranty or representation that by law cannot be excluded is, where permitted by law, limited at our option to the replacement, re-repair or re-supply of the services or the payment of the cost of the services that we were contracted to perform.
We reserve the right to subcontract any services that we have agreed to perform for you as we see fit.
We (and any subcontractors we engage) agree that we will not at any time disclose any of your confidential information to any third party.
You agree to reimburse us for any requested expenses which do not form part of our proposal including but not limited to the purchase of third party software, stock photographs, fonts, domain name registration, web hosting or comparable expenses.
OWNERSHIP OF DOMAIN NAMES AND WEB HOSTING
We will supply to you account credentials for domain name registration and/or web hosting that we purchased on your behalf when you reimburse us for any expenses that we have incurred.
The agreement constituted by these terms and conditions and any proposal will be construed according to and is governed by the laws of Bangladesh.