Work Terms and Client Responsibilities and Liabilities
Client Responsibilities and Liabilities: The client is entirely accountable for delivering all website content, encompassing text and multimedia, to Teruste before the project's initiation.
The client holds sole responsibility for creating a thorough backup of all website content prior to authorizing Teruste to commence the agreed-upon work. Under any circumstances, Teruste will not be held accountable for any loss or damage to existing data.
The contract relieves Teruste from any responsibilities related to data entry, web hosting, or custom artwork/graphics, unless these tasks are explicitly defined, paid for, and mutually agreed upon by both parties. Any artwork, images, or text created or supplied by Teruste on the client's behalf will be considered the property of Teruste and/or its suppliers, unless otherwise expressly specified and agreed upon.
The contract exempts Teruste from any responsibility for duties related to data entry, web hosting, or custom artwork/graphics, unless these tasks are explicitly defined, paid for, and mutually agreed upon by both parties. Any artwork, images, or text created or provided by Teruste on the client's behalf will be regarded as the property of Teruste and/or its suppliers, unless otherwise expressly stipulated and agreed upon.
Teruste will provide the Client with the opportunity to review the website's design and content both during the design process and upon its completion. Teruste will await feedback from the client for a period of 7 days regarding the work and materials presented. If the client does not provide a response within this timeframe, the materials will automatically be considered as accepted and approved by the Client.
The Client retains the copyright to the data, files, and graphic logos they provide and grants Teruste the rights to publish and use this material. It is the Client's responsibility to obtain the required permissions and rights for the use of any copyrighted information or files belonging to third parties. The Client must also grant Teruste the necessary permissions and rights to employ this material and agrees to indemnify and absolve Teruste from any claims that may arise as a result of the Client's negligence or failure to secure proper copyright permissions. The web design and/or placement contract is considered an assurance by the Client to Teruste that all essential permissions and authorizations have been obtained. Proof of these permissions and authorizations may be requested.
Teruste will not be held responsible for any changes or modifications made to the Client's website by the Client or any third party after the website has been installed or deployed. These modifications may include additions, adjustments, deletions, or other alterations. If issues arise as a result of such changes, Teruste may require a one-time web development charge to address and rectify these issues.
Payments
Teruste accepts payments through credit cards. Please be aware that we retain the right to decline payment through any of these methods without prior notice. Additionally, we reserve the right to modify our prices and discontinue specific payment methods at any time without prior notification. In the event of a customer's cancellation before our service is completed, a cancellation fee may be applied. This fee will be proportional to the work that has been carried out up to the point of cancellation. Failure to make payment for the cancellation fee and any outstanding amounts may result in legal action if deemed necessary.
Our project progresses through multiple stages, and the commencement of the next stage is dependent on receiving the agreed-upon payments for the preceding stage. Upon completion of our service, the website will be uploaded to the customer area of the server for your review and approval. Once you grant your approval, the website will be transferred to the destination server for hosting. It's important to note that Teruste reserves the right to delay the website upload until we have received full payment for our services. All the code and materials developed during the project will be handed over to you upon the project's completion and your final approval. Ownership of the code will be transferred to you once the final payments have been settled.
Support and 3rd-Party
Upon the launch of your website, we offer complimentary support for the first month. After this initial one-month period, we provide customized support packages tailored to your specific requirements, with various pricing options available. Selecting a higher-tier support package may also make you eligible for attractive discounts. It's important to be aware that our support scope encompasses bug fixes and email support but does not extend to matters related to website architecture, rule modifications, or add-ons/enhancements.
The client is responsible for all aspects concerning third-party support, products, or services used or integrated into the site, including licensing, payment, copyright, and more. The client is responsible for independently procuring and securing such services or may request Teruste to do so on their behalf, with pre-payment for the associated expenses. It's important to note that the fees charged by Teruste do not include any out-of-pocket costs or expense claims related to third-party products or services.
Teruste does not provide any assurances or warranties concerning the accuracy or performance of third-party products or services. Any warranties or guarantees related to such third-party products or services should be obtained directly from the respective providers.
Teruste does not include upgrades of third-party products or services as part of the project's scope. Any upgrades or updates to these third-party products or services will be considered separate tasks and may necessitate adjustments to the project's timeline and cost, as determined by Teruste.
Re-work, Enhancements/Add-ons, and Billing
Any extra features or alterations to the project scope that were not initially included will be evaluated through a Change Management process, and they may involve additional charges. Changes to the project scope after the wireframe sign-off stage may lead to extra costs and timeline adjustments. These modifications will be discussed and mutually agreed upon by both parties before they are put into effect.
While we strive to accommodate most changes within the site's budget, certain modifications are classified as enhancements or add-ons to the system and may result in additional charges. We will notify you in advance if any such items require work and are billable.
Any client requests for rework, changes, or adjustments after approval and/or after advancing to the subsequent stages of the project process will be considered as additional work and may lead to extra charges. These modifications will be subject to discussion and agreement before implementation..
The client is required to make payments to Teruste in full, without any deductions, discounts, or debt settlements, by the agreed-upon due dates.
Limitations of Liability
Teruste will exercise reasonable skill and care in delivering the Service. However, we do not make any representations and disclaim any warranties, whether expressed or implied, regarding the availability, quality, accuracy, timeliness, completeness, performance, or fitness of the Service.
Teruste hereby absolves itself, its employees, and agents from any liability for loss or damage arising from inaccuracies, omissions, delays, or errors in the production of the website, regardless of whether they result from negligence or other factors. We also disclaim any liability for loss or damage to client-provided artwork, photos, data, or content intended for the site, irrespective of whether the loss or damage occurs due to negligence or other factors.
Except in cases of death or personal injury resulting from our negligent acts or omissions, we shall not be held liable for any damages, whether arising in contract, tort, or any other legal theory, related to losses or damages stemming from this Agreement or the operation of the Service. We will not be responsible for any direct, indirect, or consequential damages in contract or tort, including but not limited to loss of profit, loss or damage to property, or claims made by third parties.
Teruste cannot offer service guarantees on behalf of third-party organizations, and we will not be held responsible for any service failures provided by third parties.
Approvals and Delivery
The project will consist of multiple stages, and work on the following stage will only begin once approval and the corresponding payments for the preceding stage, as outlined in our agreement, have been received.
Upon the completion of the service, which includes website design and/or development, the website will initially be uploaded to the Customer area on Teruste's server for the Client's review and approval. Once the Client grants approval, the website will be transferred to the destination server for hosting. It's important to recognize that Teruste reserves the right to delay the website upload until full payment has been received.
All code and materials developed during the project will be transferred to the client upon the project's completion and after obtaining all the necessary sign-offs. Ownership of the code will be transferred to the client once the final payments have been received.
Teruste retains the right to showcase and use the completed work and/or the final deployed product or website as references for potential clients. If the client wishes to restrict such publication, the client must inform Teruste in advance and obtain the necessary approvals for these restrictions.
Timescale
Teruste will make every effort to complete all services within the agreed-upon timescale. The timeline will commence upon receipt of both the agreed deposit and all website content from the Customer.
Teruste may need to extend project timescales in cases where circumstances are beyond its control.
Miscellaneous
Teruste will not be held responsible for any loss or damage resulting from your use of our Services. If you are dissatisfied with our Website or Services, you have the option to discontinue using or accessing our Website at any time. These terms and conditions are governed by state laws and constitute an agreement between you and Teruste. By accepting these terms, you agree that any legal action arising under the Terms of Use shall be heard in the appropriate court. We reserve the right to terminate any of the rights granted by these Terms of Use, and you must comply with any termination notice by ceasing to use our Website. We have no obligation to review any information, content, messages, or communication materials sent to or through the Website by users and assume no responsibility or liability related to such messages, information, or content.
Changes to Terms of Use
We reserve the right to add, modify, amend, or remove any portion or the entirety of these Terms at any time, with or without prior notice to you. We recommend that you regularly review these Terms for any changes. Your continued use of our website or services signifies your acceptance of the updated Terms.
How To Contact Us
If you have any questions or feedback about our Website or Services, you can contact us via email at: info@teruste.com.