Terms of Services
TERMS OF SERVICES
- The client hires Web Destination for the specific purpose of developing and/or improving a Web site to be installed on the client’s web space located on a web server with their domain name.
- The Client may use Web Destination’s hosting service which is subject to Web Destination’s Hosting Terms and Conditions or Web Destination may establish a contract on behalf of the Client with a Web Host that provides hosting services suitable for the Client’s needs. Alternatively the Client may themselves establish a suitable hosting contract with a Web Host. The Client authorises Web Destination to access this account, and authorises the Web Host to provide Web Destination with “write permission” for the Client’s web page directory, cgi-bin directory, and any other directories or programs which need to be accessed for this project.
- All fees related to establishing a hosting service is payable to the selected Web Host and will be invoiced directly to the Client by the selected Web Host. The Client understands that use of the hosting services is subject to the Terms and Conditions as provided by the Web Host
2) Domain Registration/ Web Hosting
2.1 Web Destination can assist the Client in obtaining a domain name (i.e. www.yourname.com) or alternatively the Client can secure and supply its own. All fees related to securing domain names by Web Destination on behalf of the Client are payable to the selected domain name registrar and will be invoiced directly to the client by the selected domain name registrar.
2.2 If the Client desire a specific domain name which is already owned by another party, the Client is solely responsible for negotiations and any costs incurred to acquire that domain name.
2.3 The Domain name will be the property of the Client and as such the Client will be solely responsible for maintaining the said service and any resulting fees. The entire risk in obtaining and maintaining the Client’s domain name lies with the Client. In no event will Web Destination be liable to the Client of any third party for any damages, including loss of profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate the Client’s domain service
NOTE: In case client has received any promotional offer for Domain Registration and Web Hosting up to a period of 12 months from Web Destination, is subject to continuation of the Web Services with Web Destination for the following year. In case the client wishes to change its web service provider in the first year of promotional offer, client will be charged for Domain Registration fee paid by Web Destination along with Web Destination’s hosting fee.
3) Web Design and Development
3.2 It is anticipated that the Web Destination will create, capture or receive from the Client all the graphic elements necessary to complete the Client’s website.
3.3 The Client agrees that website design will not commence until the required deposit is paid in full and all final text and images are provided in digital format. Web Destination will provide an initial design concept based on the design brief provided by the Client.
3.4 Web Destination agrees to provide a second design concept should the first design concept and any subsequent amendments not satisfy the Client’s vision. The Client accepts that requests for design concepts additional to the initial two will not incur any design fees. Each design concept is subject to minor amendments in accordance to the guidelines outlined in the section titled ‘Client Changes’ in order to satisfy the Client’s vision. Design concept(s) will be emailed or published online for the Client’s viewing and approval.
3.5 Alternatively Web Destination may show the Client the design(s) in person via laptop computer or print medium. Communication between Web Destination and the Client is crucial during this phase to ensure that the ultimate publication will match the Client’s needs. Upon completion of this stage the Client will be asked to confirm acceptance for the website design via e-mail or by signing a printed copy of the design. Once this acceptance is received from the Client, the work necessary to complete the project will begin. The Client should continue to view updates to the site and express their preferences or dislikes to Web Destination.
4) Assignment of project
4.1 Web Destination reserves the right to assign subcontractors to this project to ensure the right fit for the job as well as on-time completion. Web Destination agrees to protect the Client by specifying a maximum charge in advance after consultation with the subcontractor.
5) Completion Date
5.1 Web Destination and the Client must work together to complete the website in a timely manner for both parties to remain profitable.
5.2 Web Destination agrees to work expeditiously to complete this project within a reasonable time frame, but shall have no responsibility for delays caused by the Client or the Client’s actions.
6.1 Cancellation of the project at the request of the Client must be made in writing to Web Destination. In the event that work is postponed or cancelled at the request of the Client, Web Destination reserves the right to retain the original 50% deposit. In the event this amount is not sufficient to cover Web Destination for time and expenses already invested in the project, additional payment will be due. If additional payment is due, this will be billed to the Client within fourteen (14) days of notification in writing to stop work.
7) Copyrights and Trademark
7.1 The Client represents to Web Destination and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Web Destination for inclusion in the Client’s website are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend Web Destination and its subcontractors from any claim or suit arising from the use of such elements furnished by the Client.
8) Limitation of liability
8.1 The Client agrees that any material submitted for publication will not contain anything leading to an abusive or unethical use of the Web Hosting Service, the Host Server or Web Destination. Abusive and unethical materials and uses include, but are not limited to, pornography, obscenity, nudity, violations of privacy, computer viruses, harassment, any illegal activity, spamming, advocacy of an illegal activity, and any infringement of privacy
8.2 The Client hereby agrees to indemnify and hold harmless Web Destination from any claim resulting from the Client’s publication of material or use of those materials.
8.3 It is also understood that Web Destination will not publish information over the Internet which may be used by another party to harm another. Web Destination will also not develop any unlawful website for the Client. Web Destination reserves the right to determine what is and is not unlawful.
9.1 The Client agrees that it shall defend, indemnify, save and hold Web Destination harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees associated with Web Destination’s development of the Client’s website. This includes liabilities asserted against Web Destination, its subcontractors, its agents, its clients, servants, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by the Client, its agents, employee or assigns.
9.2 The Client also agrees to defend, indemnify and hold harmless Web Destination against liabilities arising out of any injury to person or property caused by any products or services sold or otherwise distributed over the Client’s website. This includes infringing on the proprietary rights of a third party, copyright infringement, and delivering any defective product or misinformation which is detrimental to another person, organization, or business.