Definitions:

  • Agreement: means the Project Proposal, Terms and Conditions and any other attached documents.
  • The Client: The company or individual requesting the services of GW Infosoft.
  • GW Infosoft: Primary designer/site owner & employees or affiliates.
  • Project: means the scope and purpose of the Client’s identified usage of the work product as described in the Project Proposal.
  • Services: means all services and the work product to be provided to Client by Designer as described and otherwise further defined in the Project Proposal.
  • Final Deliverables: means the final versions of Deliverables provided by Designer and accepted by Client.
  • Deliverables: means the services and work product specified in the Project Proposal to be delivered by Designer to Client.
  • Client Content: means all materials, writing, images or other creative content provided by Client used in preparing or creating the Deliverables.
  • Third Party Materials: means proprietary third party materials which are incorporated into the Final Deliverables, including without limitation stock photography or illustration.
  • Designer Tools: means all design tools developed and/or used by Designer in performing the Services, including pre-existing and newly developed software including source code, Web authoring tools, type fonts, and application tools, together with any other software, or other inventions whether or not patentable, and general non-copyrightable concepts such as website design, architecture, layout, navigational and functional elements.


General:

GW Infosoft will carry out work only where an agreement is provided either by email, telephone, mail or fax. GW Infosoft will carry out work only for clients who are 18 years of age or above. An ‘order’ is deemed to be a written or verbal contract between GW Infosoft and the client, this includes telephone and email agreements.



Design,Development & Database:

Whilst every endeavor will be made to ensure that the website and any scripts or programs are free of errors, GW Infosoft cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.

The website, graphics and any programming code remain the property of GW Infosoft until all outstanding accounts are paid in full.

Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by GW Infosoft remain the copyright of GW Infosoft and may only be commercially reproduced or resold with the permission of GW Infosoft.

GW Infosoft cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.

Any additions to the brief will be carried out at the discretion of GW Infosoft and where no charge is made by GW Infosoft for such additions, GW Infosoft accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions.

The client agrees to make available as soon as is reasonably possible to GW Infosoft all materials required to complete the site to the agreed standard and within the set deadline.

GW Infosoft will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.

GW Infosoft will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner.

GW Infosoft will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents.

GW Infosoft will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents.

Once a website has been designed and completed the final balance of payment is then due in accordance with our payment terms. There are no exceptions to this, i.e If the client decides they no longer want the site, as they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been done. Non payment will result in legal action being taken if necessary.

Where applications or sites are developed on servers not recommended by GW Infosoft, the client is expected to provide or seek any information,additional software,support or co-operation pertaining to the server required in order for the application to be correctly developed. Where large applications are to be developed, it is the clients responsibility to provide a suitable testing environment which is identical to the final production environment.

The client is expected to test fully any application or programming relating to a site developed by GW Infosoft before being made generally available for use. Where “bugs”, errors or other issues are found after the site is live, GW Infosoft will endeavor (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief.



Changes to Project Scope:

Change Request: If Client wants to change the Scope of Work after acceptance of this Agreement, Client shall send Designer a written Change Order describing the requested changes in detail. Within 14 of receiving a Change Order, Designer will respond with a statement proposing designers availability, additional fees, changes to delivery dates, and any modification to the Terms and Conditions. Designer will evaluate each Change Order at its standard rate and charges.

Major Change: If Client requests are at or near 20% percent of the time required to produce Deliverables, or the value of the Scope of Services, Designer shall be entitled to submit a new and separate Proposal to Client for written approval. Designer shall not begin work on the revised services until he receives a fully signed revised proposal and any additional fees.

Minor Change: If Client requests are not Major Changes, Client will be billed on a time and materials basis at Designers hourly rate of $10 per hour. Such charges shall be in addition to all other amount payable under this Agreement, despite any maximum budget, contract price or final price identified. Designer may extend or modify any delivery schedule or deadlines in the Agreement as may be required by such changes.

Acceptance/Rejection: Client will have 14 days to respond in writing accepting or rejecting the new proposal. If Client rejects the proposal, Designer will not be obligated to perform any services beyond those in the original Agreement.



Delays:

Designer Delays: Designer shall use all reasonable efforts to meet the Work Plan and Milestones delivery schedule. Designer may extend the due date for any Deliverable by giving written notice to Client. The total of all extensions shall not exceed 21 days.

Client Delays: Client shall use all reasonable efforts to provide needed information, materials and approvals. Any delay by Client will result in a day-for-day extension of the due date for all Deliverables.

General Delays: Any delay caused be conditions beyond the reasonable control of the parties shall not be considered a breach and will result in a day-for-day extension any performance due. Each party shall use reasonable efforts to notify the other party, in writing, of a delay. Conditions beyond the reasonable control of the parties include, but are not limited to, natural disasters, acts of government after the date of agreement, power failure, fire, flood, acts of God, labor disputes, riots, acts of war, terrorism and epidemics.



Evalution And Acceptance:

Testing: Designer will test and correct Deliverables using commercially reasonable efforts before providing Deliverables to Client.

Approval Periods: Client shall, within 7 business days after receiving each Deliverable, notify Designer in writing of any failure to comply with the specification of the Project Proposal or of any other objections, corrections or changes required. Designer shall, within 14 business days of receiving Clients notification, correct and submit a revised Deliverable to Client. Client shall, within 7 business days of receiving a revised Deliverable, either approve the corrected version or make further changes. If after 3 corrections by Designer, Client finds the Deliverables are not acceptable, Client may terminate this agreement subject to the termination clauses of this Agreement. If Client fails to provide approval or comments during any approval period, those Deliverables will be considered approved and accepted. All objections, corrections and changes shall be subject to the terms and conditions of this Agreement.



Confidentuial Information:

Client’s "Confidential Information" includes information that Designer should reasonably believe to be confidential. Designer's "Confidential Information" includes the source code of any Designer Tools. All material considered confidential by either party shall be designated as confidential. Confidential Information shall not be disclosed to third parties and shall only used as needed to perform this Agreement. Confidential Information shall not include any information that is already known by the recipient, becomes publicly known through no fault of the recipient, or is received from a third party without a restriction on disclosure



Domains:

  • All domain registrations and renewals are to be paid in advance.
  • Expiration of  a domain can result in service disruption and loss of domain.
  • GW Infosoft will not be responsible if a domain expires due to non-payment / late payment of the charges. All payments must be made by seven working days before the expiry date.
  • It is client’s responsibility to renew their domain names with us.
  • All invoices and dues must be paid in full before we release the requested domain name.
  • GW Infosoft has the domains in a common pool account and therefore cannot give access to its domain control panel.
  • GW Infosoft offer packages in co-ordination with third party providers. Changes to the third party provider’s rules and policies may ultimately effect the services we provide or the terms and conditions herein.


Support Services:

Warranty Period:During the first 1 month following expiration of this Agreement, Designer shall provide up to 12 hours of Support Services at no additional cost to Client. Support Services means commercially reasonable technical support and assistance to maintain and update the Deliverables, including correcting any errors or Deficiencies. Requests for additional support will be billed on a time and materials basis at Designers standard rate.

Maintenance Period: After the Warranty Period expires and at Client’s option, Designer will provide Support Services for the following 3 months for Designer’s hourly fees of $10 per hour.



Payment / Refund terms:

A deposit of 50% is required with any project before any design work will be carried out.

GW Infosoft reserves the right to negotiate and refund appropriate portion of the amount paid by customer towards the requested service. If you cancel your order after making the payment, but the work has not commenced, we will refund 75% of the payment that you have already made. If the order is cancelled after the commencement of work, the maximum refund or charge will be 50% of the invoice. There will be no refund or adjustments if cancellation is called when more than 50% of the work has been completed. All cancellations must be received in writing and can be sent via regular mail, email or fax. Telephone requests on cancellations will not be accepted.

For minor or once-off works, payments need to be made either in advance or as per the terms mentioned in the invoice/proposal. If you require any changes to the terms, you must inform us in writing (emails accepted) within two working days of the receipt of the same.

For minor or once-off works, payments need to be made either in advance or as per the terms mentioned in the invoice/proposal. If you require any changes to the terms, you must inform us in writing (emails accepted) within two working days of the receipt of the same.

Please note that GW Infosoft reserves the right to change the terms and conditions without notice.