Web Services Terms and Conditions

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Definitions

Client means the company, firm, or person requesting services of Itec.

Web services means any services Itec provides to the Client under, or in connection with, this Agreement as requested in writing, in person, or over the phone. Web services include any project, task, or request ordered from us: web design and development projects, change orders, add-ons, side projects, small tasks, updates, and maintenance plans.

1Acceptance

It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If you accept an estimate or proposal, you will be deemed to have satisfied yourself as to the terms applying and to have accepted these terms and conditions in full. Any purchase, order, or use of our services implies that you have read and accepted them.

2Estimates and Deposits

Estimates and proposals for services are provided to the Client in writing and are valid for 30 days; Itec reserves the right to alter or decline to provide an estimate after expiry of the 30 days. Unless agreed otherwise, website development services require an advance deposit as set out in your proposal, and larger projects may be divided into milestone payments as outlined there. Final payment is always due prior to launch, making changes live, or release of materials. Itec reserves the right not to commence work until the deposit has been paid, and not to hand over work until the total has been paid in full.

3Supply of Materials

Clients must supply all materials and information required to complete the work in accordance with the agreed specification, including photographs, written copy, logos, and other materials. Where a delay in supplying these materials leads to a delay in completion, Itec has the right to extend any previously agreed deadlines by a reasonable amount. Text must be supplied in an editable format (.doc, .pdf, .txt, email text); we do not accept brochures, faxes, posters, or non-editable text. Where you fail to supply materials and that prevents progress, we have the right to invoice you for the work already completed.

4Variations

Itec is pleased to offer you the opportunity to make revisions to mock-ups and design work. However, we have the right to limit the number of design proposals to a reasonable amount and may charge for additional designs if you change the original design specification. The development phase allows for certain variations to the original specification; any major deviation from the specification will be charged at the design and development rate in your proposal.

5Project Delays and Client Liability

Any time frames or estimates Itec provides are contingent on your full cooperation and complete, final content. During development, feedback is required to progress to subsequent phases; a single point of contact should be appointed from your side and be available to keep the feedback process moving.

6Approval 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. Any work not reported in writing as unsatisfactory within the 7-day review period will be deemed approved. Once approved, or deemed approved, work cannot subsequently be rejected, the contract will be deemed completed, and the remaining balance of the project price becomes due.

7Rejected Work

If you reject work within the 7-day review period, or do not approve subsequent work performed to remedy recorded points, and Itec, acting reasonably, considers the rejection unreasonable, we may elect to treat this contract as at an end and take measures to recover payment for the completed work.

8Payment

Upon completion of the 7-day review period, Itec will invoice you for the remaining balance of the project. Maintenance plans and implementation work are invoiced as set out in your proposal.

9Warranty 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, trademarks, and any other material you supply to us for inclusion 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.

10Ownership and Licensing

Once you have paid in full for the work, ownership of the deliverables we created for you — the website’s code, design files, and content — transfers to you, together with a documented handoff. Third-party and premium components the site depends on (such as builders, frameworks, and paid plugins) remain subject to their own license terms: while you are on an Itec maintenance plan, the licenses we hold are included; if you leave, the handoff lists what to license in your own name. Tools, libraries, and know-how that Itec developed independently of your project remain Itec’s, with a license for their continued use in your website.

11Search Engines

Itec does not guarantee any specific position in search engine results. We build to current technical SEO best practices; search rankings depend on factors beyond the build, and ongoing search engine optimization is separate work, quoted separately.

12Consequential Loss

Itec 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.

13Disclaimer

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 Itec provides to you are excluded. Without limiting the above, to the extent permitted by law, any liability of Itec 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 Itec contracted to perform.

14Subcontracting

We reserve the right to subcontract any services that we have agreed to perform for you as we see fit.

15Non-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.

16Additional 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.

17Backups

You are responsible for maintaining your own backups with respect to your website unless your maintenance plan includes backups, 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.

18Ownership of Domains and Web Hosting

We will supply you with account credentials for domain name registration and/or web hosting that we purchased on your behalf when you reimburse us for any expenses we have incurred. If you are hosting with a third-party web host, we are not responsible for website performance or issues that arise from a faulty hosting environment. If you are not on a designated website maintenance plan, we are not responsible for your website files. Domains are registered at cost; domain transfer fees and timelines are set out in your proposal.

19Governing Law

The agreement constituted by these terms and conditions and any proposal will be construed according to and is governed by the laws of Delaware, USA. You and Itec submit to the non-exclusive jurisdiction of the courts in and of Delaware, USA in relation to any dispute arising under these terms and conditions or in relation to any services we perform for you.

20Browser Compatibility

We build on current versions of well-supported, widely used platforms such as WordPress and test against the current versions of major modern browsers. Third-party extensions, where used, may not offer the same level of support in every browser; where incompatibilities are found, we will substitute alternative solutions on a best-effort basis. We do not warrant compatibility with obsolete or discontinued browsers.

21eCommerce

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, defend, and indemnify Itec and its subcontractors from any claim, penalty, tax, tariff, loss, or damage arising from your or your clients’ use of Internet electronic commerce.

22Project Access

Itec is not responsible for anything that happens to the Client’s website if the Client or a third party has admin, FTP, or backend access to the project, as further described in our Website Backend Access Policy, which forms part of these terms. Itec cannot accept responsibility for alterations caused by a third party, including additions, modifications, or deletions — including on websites under a maintenance plan.

23Maintenance Plans

Maintenance plans are billed monthly and continue month to month, except that the Performance plan has a three-month minimum term. If a site returns to the Performance plan after time on a lower plan, we review it first, and any work needed to bring it back up to standard is quoted and billed as implementation work before the plan resumes. Plugins, components, or modules installed by the Client or third parties are not covered by any plan unless explicitly added under a custom plan.

Important

Itec does not warrant that the Client’s website will continue to function uninterrupted or error-free in perpetuity without the proper web maintenance plan recommended for the particular project. Itec makes no representation or warranty regarding accessibility to, or the privacy or security of, any of the customer’s information, files, or data, or any client materials or content. The Client assumes the entire risk as to the results and performance of the website. The Client is responsible for making site backups and will not hold Itec liable for loss of files or data. Itec does not represent or warrant that the Client’s website will be capable of achieving any particular result or results in the Client’s business or operations.