Terms and Conditions
The following terms and conditions apply to all services provided by David Web Services to the Client, in conjunction with any relevant quotation provided to the Client by David Web Services, unless otherwise agreed in writing.
Acceptance
No Client needs to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote, purchase, and/or use of the Services then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.
Charges
Charges for the Services are defined in the project quotation or proposal that the Client receives from David Web Services via email or chat. Quotations are valid for 30 days. David Web Services reserves the right to alter a quotation or decline to provide the relevant Services after the expiry of the 30 days.
Unless agreed otherwise with the Client, all website design & development services require an advance payment of a minimum of fifty percent (50%) of the project quotation total before the work commences. The remaining fifty percent (50%) of the project quotation total is due upon completion of the work, before uploading to the server or release of materials.
The Client agrees to reimburse David Web Services for any additional expenses necessary for the completion of the work. Expenses may include (but are not limited to) the purchase of domain names, special fonts, and stock photography.
Payment for services is due by cheque, bank transfer or E-Wallet. Cheques should be made payable to David Web Development Services and sent to David Web Services. Bank details will be made available on SOA (Statement of Account), quotations, or proposals.
Change Control Process
As part of our project management process, we include a change control process. This will come into effect if your needs change or you find you need additional features after a website scope document has been signed off or we have moved on to the design phase of your project.
We ask you to fill in a simple form and we assess whether the change is possible at the stage it has been requested, if it can be included as part of the website costs or whether it will incur an extra cost. This helps to keep the project on track and within budget.
Client Review
David Web Services understands the importance of client satisfaction and thus offers an opportunity for the client to review the appearance and content of the website. In order to ensure timely and efficient communication, the client is required to notify David Web Services within seven (7) days after the website becomes available for review. Failure to provide any feedback or modification within this timeframe will be considered as an acceptance and approval of the website’s appearance and content by the client.
Turnaround Time and Content Control
David Web Services will install and publicly post or supply the Client’s website by the date specified in the project proposal, or at the date agreed with the Client upon David Web Services receiving initial payment, unless a delay is specifically requested by the Client and agreed by David Web Services.
During the project, David Web Services will require the Client to provide website content; text, images, movies, and sound files, along with any relevant information. The Client agrees to delegate a single individual as a primary contact to aid David Web Services in getting all necessary information and cooperation needed for the project.
Failure to provide required website content
David Web Services is a small business, to remain efficient we must ensure that the work we have programmed is carried out at the scheduled time. On occasions, we may have to reject offers for other work and inquiries to ensure that your work is completed at the time arranged.
This is why we ask that you provide all the required information in advance. On any occasion where progress cannot be made with your website because we have not been given the required information in the agreed time frame, and we are delayed as a result, we reserve the right to impose a surcharge.
If you agree to provide us with the required information and subsequently fail to do within two weeks of project commencement we reserve the right to close the project and the balance remaining becomes payable immediately.
Web Browsers
David Web Services makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Google Chrome, Microsoft Edge, etc.). The Client agrees that David Web Services cannot guarantee correct functionality with all browser software across different operating systems.
David Web Services cannot accept responsibility for web pages that do not display acceptably in new versions of browsers released after the website has been designed and handed over to the Client. As such, David Web Services reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.
Default
Accounts unpaid thirty (30) days after the date of SOA (Statement of Account) or notification will be considered in default. If the Client in default maintains any information or files on David Web Services’ Web space, David Web Services will, at its discretion, remove all such material from its web space. David Web Services is not responsible for any loss of data incurred due to the removal of the service. Removal of such materials 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 result in the Client’s account being immediately considered to be in default until full payment is received. Client with accounts in default agrees to pay David Web Services reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by David Web Services in enforcing these Terms and Conditions.
Termination
Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. Telephone requests for termination of services will not be honored until and unless confirmed in writing. The client will be charged/billed for work completed to the date of first notice of cancellation for payment in full within thirty (30) days.
Indemnity
All David Web Services may be used for lawful purposes only. The Client agrees to indemnify and hold harmless David Web Services against all damages, losses, and expenses arising as a result of any and all actions or claims resulting from the Client’s use of services provided by David Web Services.
Copyright
The Client retains the copyright to data, files, and graphic logo provided by the Client, and grants David Web Services 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 David Web Services permission and rights for use of the same and agrees to indemnify and hold harmless David Web Services from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions.
Standard Media Delivery
Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format (Word or Google Docs delivered via USB drive or e-mail) and that all photographs and other graphics will be provided physically in high-quality print suitable for scanning or electronically in .gif, .jpeg, .png or .tiff format. Although every reasonable attempt shall be made by David Web Services to return to the Client any images or printed material provided for use in the creation of the Client’s website, such a return cannot be guaranteed.
Premium Materials
David Web Services retains ownership of all premium tools, themes, and plugins utilized in the client’s website unless the client has made a separate purchase. The client is entitled to receive an update (if necessary) only if it has an active subscription. Active subscription refers to Web Hosting provided by David Web Services as a yearly subscription.
Design Credit
A link to David Web Services will appear in either a small type or a small graphic at the bottom of the Client’s website. If a graphic is used, it will be designed to fit in with the overall site design. The Client also agrees that the website developed for the Client may be presented in David Web Services portfolio.
Website Maintenance
David Web Services offers FREE website maintenance for its client provided that all the following conditions are met;
- The web hosting (where the website is installed) is provided by David Web Services.
- A link to David Web Services will appear at the bottom of the Client’s website.
If any of the above conditions are not met, David Web Services offers only 30 days maintenance after the project completed.
Access Requirements
If the Client’s website is to be installed on a third-party server, David Web Services must be granted temporary read/write access to the Client’s storage directories which must be accessible via FTP and Web Browser. Depending on the specific nature of the project, other resources might also need to be configured on the server.
Post-Placement Alterations
David Web Services cannot accept responsibility for any alterations caused by a third party occurring to the Client’s pages once installed. Such alternations include, but are not limited to additions, modifications, or deletions.
General
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. Online payment is an acceptance of our terms and conditions.
Governing Law
Any dispute will be litigated or arbitrated in Pasay City, Metro Manila, Philippines. This Agreement is governed by Philippine law.
Liability
David Web Services hereby excludes itself, its Employees, and or Agents from all and any liability from:
- Loss or damage caused by any inaccuracy;
- Loss or damage caused by omission;
- Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the website;
- Loss or damage to client’s artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.
The entire liability of David Web Services 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.
Severability
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 original provision.