Terms and Conditions for Website Development Service
OKiT247, a company incorporated in Melbourne with its registered office at (Melbourne) [hereninafter referred to as “BCZ”]
Client, a company with its registered office as specified in this document [hereinafter referred to as the “Clients”]
WHEREBY IT IS MUTUALLY AGREED as follows
1) Scope of Work
Scope of Work is defined as aforementioned with the respective services included as selected in this document.
2) Term of Payment
|1 ||60% non-refundable deposit upon execution of this agreement|
|2 ||40% balance within 7 days of job completion|
3) Non Payment
a) The website can be removed by BCZ.
b) BCZ reserves the right to recover the balance of amount due.
4) Changes to Project Scope
a) If the Clients wish to change the Scope of the Work after the commencement of this Agreement, the Clients shall send BCZ a written request describing the requested changes in detail.
b) BCZ shall within 7 days of receiving such request respond with a statement proposing BCZ’s availability, additional fees, changes to delivery dates, and/or any modification to the terms and condition of this Agreement.
c) BCZ shall be entitled to offer a new pricing.
d) The Client shall have the option to accept BCZ’s pricing within 7 days from the date of the receipt of the new proposal.
a) The Client shall provide use all necessary documents information, and/or materials to BCZ within 10 days after the execution of this Agreement.
6) Evaluation and Acceptance
a) The Clients shall, within 10 working days after completion of the product, notify BCZ in writing of acceptance.
b) Failure on the Clients to notify the acceptance shall be deemed as having approved and accepted by the Client.
7) Accreditation and Promotion
a) BCZ shall be entitled to place accreditation, as a hyperlink, in the form,
size and or location as incorporated by BCZ in each page of the website.
b) BCZ retains the right to reproduce, publish and/or display the website in BCZ’s portfolios and websites, in galleries, design periodicals and/or other media or exhibits for the purpose of recognition of creative excellence or professional advancement, and to be credited with authorship of the website in connection of such uses.
8) Confidentiality Information
a) All materials are considered confidential by either party shall be designated as confidential.
b) The parties shall not disclose such confidential information to any third party.
9) Relationship of Parties
a) BCZ is an independent contractor and shall determine, at its own discretion, the manner and means by which the Services are accomplished.
b) No agency, partnership, joint venture, and/or employer-employee relationship is intended or created by this Agreement.
c) No party is authorized to act as agent or bind the other party except as expressly provided in this Agreement.
d) All rights granted to the Clients are contractual in nature and expressly defined by this Agreement.
10) Representation and Warranties
a) The Clients represent and warrant to BCZ that to the best of the Client’s knowledge, use of the Clients Content does not infringe any right of the third party.
b) BCZ represents and warrants to the Clients that to the best of BCZ’s knowledge, the Deliverables will not violate any rights of the third party.
c) Except for the express representations and warranties stated in this Agreement, BCZ makes no warranties whatsoever.
d) BCZ explicitly disclaims any other warranties of any kind, either express or implied, including but not limited to warranties of merchantability or fitness for a particular purpose or compliance with laws or government rules or regulations applicable to the project.
11) Indemnification and Liability
a) The Clients shall indemnify BCZ from any and all damages, liabilities, costs, losses, expenses and/or attorney fees arising out of any claim, demand, or action by a third party due to materials included in Deliverables at the request of the Clients.
12) Terms and Termination
a) Either party may terminate this Agreement by giving 5 days written notice if the other party breaches any of its responsibilities and/or obligations under this Agreement.
b) Either party may terminate this Agreement at any time,on written notice to the party.
c) In the event of termination, the Clients shall pay BCZ for the Services performed through the date of the termination in the amount of a prorated portion of fees due.
d) The Clients shall pay all expenses, fees, and additional costs incurred prior to the date of termination.
a) BCZ grants to the Clients a non-exclusive, perpetual and worldwide license to use and display the product in accordance with this Agreement.
14) Support Services
a) There are no ongoing support services offered by BCZ.
b) Not with Standing clause above, BCZ may at his discretion to offer any assistance with costs mutually agreed.
c) BCZs shall be entitled to additional costs whenever there is request for additional Support
a) Failure by either party to enforce any right or seek to remedy any breach under this Agreement shall not be construed as a waiver of such rights nor shall a waiver by either party of default in one or more instances be construed as constituting a continuing waiver or as a waiver of any other breach.
b) If any of the provisions of this Agreement becomes illegal, invalid or unenforceable in any respect under any law, the remaining provision of this Agreement shall remain in full force and effect.
c) No source code shall be provided to the Client. Clients agree to the complete terms and conditions, terms of services and acceptable use policies for our hosting and domain name services which may change form time to time as reflected on our website okit247.com
d) BCZ may hold and/or manage Clients’ domain name(s) under BCZ or OKiT247 and will transfer the domain name(s) to Clients upon request by writing in email within 9 working days after all sums due are paid
For complete Terms and Conditions and Acceptable Usage Policies for our hosting services, please refer to okit247.com website.