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Terms and conditions

PrimeWebsite Inc. Terms and Conditions

1. STANDARD TERMS AND CONDITIONS

By accepting ANY type of work perform by PrimeWebiste Inc. you fully agree to all the company terms & conditions. These are the standard terms and conditions for any types of service that apply to all contracts and all work undertaken by PrimeWebsite Inc. for its clients. PrimeWebsite Inc. reserves the right to change terms and policies at any time without prior notice. PrimeWebsite Inc. reserve the rights to terminate any customers accounts without prior notice. 

2. OUR FEES AND DEPOSITS

A 50% 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 50% remaining has to be paid prior to the live launch or within 30 days, which ever comes first. We reserve the right not to commence any work until the deposit has been paid in full.

Any deposit are NOT refundable due to the fact that sometimes we lose customers because of deadline being too late because we have projects on the plate. The deposit is not refundable if the development work has been started and you terminate the contract through no fault of ours. The client is 100% responsible for the billable time after 50% of the project milestone.

NO Refund on any products including Website projects and web hosting or any service that Primewebsite delivers. PrimeWebsite reserve the rights to disable websites with clients that are delayed in payments. Also , PrimeWebsite reserves the rights to remove any free/bonus products given to a customer that do not fulfill payments in time, that includes Free hostings, Emails, Backups any products that was given as a bonus or free or as Extra outside the scope of the Website project itself.

3. SUPPLY OF MATERIALS

You must supply all materials and information required by us to complete the work in accordance with any agreed specification. 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.

4. VARIATIONS

We are pleased to offer you the opportunity to make revisions to the design. 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.

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 $100.00 per hour with a minimum of 1hr rounding up.

5. PROJECT DELAYS AND CLIENT LIABILITY

Any time frames or estimates that we give are contingent upon your full co-operation and complete and final content in photography for the work pages. During development there is a certain amount of feedback required in order to progress to subsequent phases. It is required 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.

6. 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 3 business days of such notification. Any of the work which has not been reported in writing to us as unsatisfactory within the 3 business days 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.

7. REJECTED WORK AND WARRANTY

If you reject any of our work within the 3 business days 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 project as at an end and take measures to recover payment for the completed work.

The work is done as is and contain no warranties. Warranty cannot be applied on software but we make sure when the site is launch that all functionalities will work according to specs. No warranties on 3rd party software like themes, module, scripts etc. PrimeWebsite inc. cannot be liable for someone else work.

8. PAYMENT

50% upfront before the beginning of the project and the final 50% before the final launch.

9. 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.

10. LICENSING

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.

11. SEARCH ENGINES

We do not guarantee any specific position in search engine results for your website. We perform basic search engine optimisation according to current best practice.

12. CONSEQUENTIAL LOSS

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.

13. DISCLAIMER

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 PrimeWebsite Inc. ® 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.

14. SUBCONTRACTING

We reserve the right to subcontract any services that we have agreed to perform for you as we see fit. We monitor all subcontractors work but cannot be liable for their work quality but if a problem is found, PrimeWebsite Inc. will do the necessary to correct any situations in a positive manner.

15. NON-DISCLOSURE

We (and any subcontractors we engage) agree that we will not at any time disclose any of your confidential information to any third party.

16. ADDITIONAL EXPENSES

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 templates, third party software, stock photographs, fonts, domain name registration, web hosting or comparable expenses.

17. BACKUPS

You are responsible for maintaining your own backups with respect to your website and we will not be liable for restoring any client data or client websites except to the extent that such data loss arises out of a negligent act or omission by us.

18. OWNERSHIP OF DOMAIN NAMES AND WEB HOSTING

We supply you with all the credentials needed for the domain name(s) and hosting

19. CROSS BROWSER COMPATIBILITY

By using current versions of well supported content management systems such as “Drupa or Wordpress”, we endeavour to ensure that the web sites we create are compatible with all current modern web browsers such as the most recent versions of Internet Explorer, Firefox, Google Chrome and Safari. Third party extensions, where used, may not have the same level of support for all browsers. Where appropriate we will substitute alternative extensions or implement other solutions, on a best effort basis, where any incompatibilities are found.

20. E-COMMERCE

You are responsible for complying with all relevant laws relating to e-commerce, and to the full extent permitted by law will hold harmless, protect, and defend and indemnify PrimeWebsite Inc. ® and its subcontractors from any claim, penalty, tax, tariff loss or damage arising from your or your clients’ use of Internet electronic commerce.