This Agreement is a legal contract which specifies the terms and conditions between XYPNET LIMITED, hereinafter referred to as the Company, and You the client, hereinafter referred to as the Client/You/Your.
For the purposes of this agreement, the Company’s services shall refer to:
- Designing and development of the client’s website.
- Unless otherwise, you shall provide your own logo. Designing of the logo by the Company will incur some extra cost.
- You shall provide the content for your website i.e. the text. The Company may capture and/or create the graphics for the site.
- If you don’t have a domain and/or hosting account, the website will be given to you on a disk(CD) after completion and testing
- Billing and Payment Terms
In exchange for services provided as described herein, the Client agrees to pay a fee of the selected package (excluding hosting and domain name registration) for the development of the website.
The term of this Agreement shall be valid from this day of agreement, up to the time the website is published or submitted (whichever the case may be) and all payments settled.
- Service Changes
The Company reserves the right to modify, alter, improve, delete or change any services covered by this Agreement, at any time.
- Interruption of services
The Company will make an earnest effort to offer all of the services described herein at all times. The Client acknowledges however, that these are circumstances which are beyond the Company’s control, and the temporary loss of such services will not amount to a reduction in the fee charged for said services. .
This agreement may not be terminated without cause. Termination of this agreement, without cause, by the client will result in the client paying a fee of 30% (from the remaining 50%) for the inconveniences caused to the Company.
Limitation on Liability – The Company will not be responsible for any damages or claims, including but not limited to:
- claims arising out of any illegal activities of which the Client has engaged, including but not limited to: Unfair and deceptive business practices; Misrepresentation of services or products; Theft; and Inclusion of illegal material on the Client’s web-site.
- other claims, based on the results to be achieved under this Agreement, delays, non-deliveries, wrong deliveries, interruptions to the Client’s services, unauthorized access, theft or destruction of the Client’s data caused by the acts and omissions of the Client and its employees, of a customer of the Client, or of any other third party.
Client agrees to defend, indemnify and hold the Company harmless from and against any and all claims, losses, liabilities and expenses (including attorneys’ fees) related to or arising out of the services provided by the Company to Client under this Agreement, including without limitation claims made by third parties (including customers of the Client).
- Prohibition of Publication of Certain Material
The Client shall not knowingly or unknowingly submit to the Company for publication any of the following material (including pictures, links, or any other content):
- Any material which violates or infringes any copyright, trademark, trade secret, patent, statutory, common law or other proprietary rights of others;
- Any material that is libelous or slanderous;
- Any material which is or contains anything obscene or pornographic;
- Distribution lists to be used via unsolicited electronic mail or other mass electronic mailings. Due to the public nature of the Internet, all material submitted by the Client for publication will be considered publicly accessible. The Company does not screen all the material submitted by the Client for publication. The publication of such material submitted by Client to the Company does not create any express or implied approval by the Company of such material, nor does it indicate that such material complies with the terms of this Agreement.