WEB DEVELOPMENT TERMS
“INCOGNITO” . Registration number “pending”. GST 27AHCPG2954J1ZB
“Customer” means any person, company, partnership, organisation or body at whose application, INCOGNITO provide the Services under the terms of the agreement.
“Agreement” means the contract between INCOGNITO and the Customer to which these conditions will apply.
“Services” means the design of a Website in accordance with the Customer’s specification
“Order” means confirmation by the Customer of its acceptance of the quotation given by INCOGNITO
2. The Contract between you and INCOGNITO
2.1 You are invited to buy the Services from INCOGNITO. If you wish INCOGNITO to provide the Services to you , you will need to confirm your Order whether verbally or in writing following receipt of INCOGNITO quotation for the design of the website in accordance with your specification. The Services will be subject to these Terms and Conditions.
2.2 The Order must be accompanied by a deposit of a minimum of 30% of the Price.
2.3 A binding contract will only arise when INCOGNITO has received your Order and deposit from you. You should only confirm your Order to INCOGNITO if these Terms and Conditions are acceptable to you without modification.
3. The Price of our Services
3.1 Our charges for any Services ordered by you will be based upon the quotation submitted to you prior to the placing of your Order.
4. The Services
4.1INCOGNITO will design and build a website for the Customer based around images and text provided by the Customer.
4.2 The website design service described consists of a website built in HTML with CSS. The website design service .
4.3 For additional payment based upon the quotation further pages will be added to the website.
4.45 A single page of the website will be designed and submitted to the Customer for approval of the overall design of the website. Once the Customer has approved the design of this page, any alteration will result in an additional charge being made in accordance with the quotation.
5. Performance of the Services
5.1 INCOGNITO will use its best endeavours to complete all Services within any agreed timescale or within a reasonable period thereafter.
5.2 The design and building of the website will commence upon the receipt of the deposit and the provision of the images and text by the Customer and will be completed when the Customer gives written notice to INCOGNITO of approval of the website.
5.3 On completion of the Service, the website will be uploaded to a temporary URL for approval by the Customer.
5.4 INCOGNITO reserves the right to delay uploading of the approved website to its hosting server or supply of the website files to the Customer for use on any hosting server other than that provided by INCOGNITO until full payment has been received.
5.5 Once the website is approved by the Customer, INCOGNITO is not responsible for any errors or downtime caused as a result of changes made to the website by the Customer or by any third parties on behalf of the Customer.
6.1 Upon acceptance of the Customer’s Order by INCOGNITO the full cost of the selected Service shall be due as per clause 6.2 and 6.3.
6.2 A deposit of a minimum of 25% of the Price will be made with the Order.
6.3 The balance of the Price including any additional fees for Services provided shall be paid upon completion of the Services. The website will not be transferred to the permanent server until payment in full has been received.
6.4 INCOGNITO will accept written notice of termination of the Agreement but will not be required to make any refund to the Customer or give credit for any uncompleted element of the Services.
6.5 Any unpaid balance of the Price as at the date of termination shall be immediately due and payable and INCOGNITO shall be entitled to recover payment upon demand.
6.6 INCOGNITO accepts single payments by cheque, NEFT or credit card (via PayPal). INCOGNITO reserves the right to withdraw any payment methods at any time.
7. Intellectual Property Rights
7.1 All intellectual property rights in the website, its functionality, and any design work, documents or drawings are vested in and at all times remain the property of INCOGNITO.
7.2 The Customer acknowledges that INCOGNITO may and is by the Agreement licensed to use any information provided by the Customer to enable INCOGNITO to produce the website. Utilisation for any other purpose requires prior written consent of the Customer.
8. Your Obligations to Us
8.1 The Customer will promptly provide to INCOGNITO (free of charge) any information that INCOGNITO may reasonably require to enable INCOGNITO to proceed with its obligations under the Agreement.
8.2 The Customer shall be responsible for ensuring that all material provided to INCOGNITO is accurate and is either owned by the Customer or that the Customer has permission of the owner for the material to be used in relation to the provision of the Services.
8.3 It is a legal requirement that all websites run by a business (including sole traders who are using a website to promote/provide information about their business) should state the following information:
(a) the company/service provider’s name and the company’s name, if different;
(b) the company’s place of registration ;
(c) the company’s registered number;
(d) the geographical address at which the service provider is established and the address of the company’s registered office, if different;
(e) the service provider’s email address to enable it to be contacted rapidly and communicated with directly;
(f) where the service provider undertakes an activity that is subject to GST, its GST registration number;
(g) if prices are referred to on the website, the price of the goods/services, making it clear whether these are inclusive or exclusive of GST and delivery costs;
(h) if the company is exempt from the requirement to use the word “limited” as part of its name, the fact that it is a limited company;
(i) if applicable, the fact that the company is an investment company;
(j) where the service provider is registered in a trade or similar public register, the trade register in which the service provider is registered and the registation number (or equivalent means of identification in the register);
(k) where the service provider’s activity is subject to an authorisation scheme, the particulars of the relevant supervisory authority;
(l) where the service concerns “regulated professions”:
- the professional body or relevant supervisory authority with which the service provider is registered;
- the professional title and the Member State where it has been granted;
- a reference to the applicable professional rules in the Member State of establishment and the means to access them (eg by means of a hyper text link).
The Customer undertakes to provide INCOGNITO with all the relevant information to comply with this requirement.
8.4 The Customer agrees that any website designed and built by INCOGNITO will display the phrase “designed by INCOGNITO”, where INCOGNITO” is in logo form, and provide a link to the INCOGNITO website at http://www.incognitowebtech.com/
8.5 The Customer shall promptly pay to INCOGNITO all payments due under the Agreement.
8.6 The Customer acknowledges that it will indemnify INCOGNITO in respect of any losses, costs or claims incurred by INCOGNITO as a result of any breach by the Customer of these obligations.
9. Our Liability to You
9.1 INCOGNITO’s obligation is limited to the provision of the Services.
9.2 Whilst INCOGNITO believes that the website will benefit the Customer, INCOGNITO gives no express or implied warranty as to the effectiveness of the website as a mode of benefiting the Customer.
9.3 INCOGNITO accepts liability to the Customer for any direct loss that the Customer suffers due to a breach by INCOGNITO of its duty to exercise reasonable skill and care in the provision of the Services. INCOGNITO also accepts liability to the Customer for any direct loss that it suffers because the Customer is injured or dies as a result of INCOGNITO’s negligence.
9.4 The Customer acknowledges and accepts that INCOGNITO will have no further liability to the Customer whether in contract, tort, breach of statutory duty or otherwise.
9.5 The Customer acknowledges and accepts that INCOGNITO makes no warranty and has given no representations of any kind beyond those contained above.
INCOGNITO shall have the right to terminate the Agreement if:
- 10.1 the Customer shall be in breach of its obligations toINCOGNITO pursuant to paragraph 8.
- 10.2 the Customer shall fail to approve the website without reasonable cause within a reasonable period.
11. Governing Law and Jurisdiction
11.1 The Agreement shall be given by and interpreted in accordance with state Law.
11.2 INCOGNITO and the Customer acknowledge that the Mumbai Court shall have exclusive jurisdiction to settle any dispute which may arise in connection with the Agreement.