Web Design / Development : Agreement

Website.com.bn endeavors to operate in a fair and reasonable manner at all times and it is part of our ethos to ensure we maintain a great relationship with our clients. It is, however, important to have certain contractual aspects agreed in order to protect both parties.

By agreeing to proceed with a website development and design package or project, Client agrees that this forms a contract with Website.com.bn and accept the following terms and conditions.

1. Acceptance

1.1. Quotations are valid for six (6) months from date of issue. No contract for the supply of services exists between Client and Website.com.bn until an invoice has been sent to the Client for payment. The invoice equals acceptance by Website.com.bn (or third party supplier) of the Client’s order and this acceptance of work is a valid contract between Client and Website.com.bn.

1.2. Additional work requested by the Client that is not specified in the agreed quotation is subject to an additional quotation by Website.com.bn on receipt of specification. If the work is needed as part of an existing project, then this may affect time scale and overall delivery time of the project.

1.3. Once the proposal has been finalized, any additions, changes or enhancements in the functionality or design of the project will affect the proposal and may incur additional cost and a revised delivery date. All additional work, over and above the estimates is then charged separately. Any complexity related to specific deliverable, must be advised in advance and included in the proposal for costing purposes.

2. Payment and Charges

2.1. All web development projects will require an advance payment of ten (10) to twenty (20) percent of the project quotation total before work will commence, depending on the total project fee. The remaining balance of the project quotation total will be due upon completion of the work. All invoices are payable within thirty (30) days upon project completion, unless Client opts for payment installments. If the invoice has not been settled after sixty (60) days then Website.com.bn will consider the account to be in default.

2.2. Website.com.bn and Client will work together to complete the website in a timely manner. If the Client does not supply the complete text and graphics content for all pages contracted for within six (6) months after the commencement of the web development project, the project may be considered abandoned, and the deposit will be forfeited.

3. Default

3.1. If the Client in default has any information or files on Website.com.bn’s webspace, we may, at our discretion, remove all such material. Website.com.bn is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account.

4. Permission and Copyright

4.1. Copyright of the completed web designs, images, pages, code and source files created by Website.com.bn for the project shall belong to the Client upon final payment. Shall Client defaults on payment, ownership of designs and all code will be retained by Website.com.bn, which at our discretion can be taken down or sold to recuperate costs.

4.2. The Client agrees that Website.com.bn may include development credits and links on a website we design, build or amend. Website.com.bn reserves the right to include any work done for the Client in a portfolio of work.

4.3. The Client agrees to abide by the terms of any third party software or media included within any work done for the Client. Examples of this include, but are not limited to, Googlemaps, Media under the Creative Commons license, RSS feeds, Open Source GPL Software, etc.

5. Material

5.1. All materials to be supplied by the Client may be provided through CD-ROM / DVD, email, pendrive, via File Transfer Protocol (“FTP”) or other online storage device. Files will be provided in HTML format, standard word processing Text format or, if images, as TIFF GIFF, JPEG or PNG files.

5.2. Website.com.bn reserves the right to refuse to handle:

• Any material that is unlawful or inappropriate.
• Any material that contains a virus or hostile program.
• Any material that constitutes harassment, racism, violence, obscenity, harmful intent or spamming.
• Any material that constitutes a criminal offense, or infringes privacy or copyright.

6 Domain Name, Web Hosting and Maintenance

6.1. Website.com.bn provides domain name registration, web hosting and website maintenance services for its Clients; these services however, are outside the scope of the design project. If the Client wishes to engage the associated services, Website.com.bn can organize an appropriate hosting solution, a quote for which will be submitted separately and approved by the client. Payment for domain name and web hosting services is to be made immediately on receipt of an invoice from Website.com.bn.

7. Meetings

7.1. Meetings can be conducted with clients within the vicinity of Brunei-Muara district. The first three (3) meetings are free of charge. Subsequent meetings however, are chargeable and additional to any project estimates. If in person, the amount invoiced will includes travel to and from the meeting location. Website.com.bn recommends Clients to utilize our preferred methods of contact; email, IM messenger and telephone, after the third meeting.

7.2. During the project briefing, it is Client’s responsibility to provide Website.com.bn with clear guidelines along with the flow or specific details Client may require. When such details are not provided, we will proceed with our understanding of Client requirements and quote accordingly. At a later stage, if a discrepancy arises, it may lead to additional costs to accommodate the changes. Thus, it is essential that Client clarifies every aspect of the website development.

8. Non Disclosure

8.1. Website.com.bn and any third party associates agree that, unless directed by the Client, it will not at any time during or after the term of this agreement disclose any confidential information. The Client agrees that it will not convey any confidential information about Website.com.bn to another party, unless directed by us.

9. Delivery of Deliverables

9.1. Completion of Work. The completion date for work is approximately sixty (60) days for standard HTML websites and ninety (90) days for standard CMS websites, unless otherwise stated. If the work requires a custom design and/or intensive programming, the delivery schedule will be agreed between the parties prior to the start of the project. Nonetheless, taking into account of revisions, modifications, additional requests and other technical circumstances, a project may be extended for a maximum one hundred and eighty (180) days. Additional fee will incur for urgent deliveries. Website.com.bn, at our own discretion, will decide whether to accept rush project.

9.2. The Client must recognize that at times there may be unforeseen circumstances that will delay the development process, particularly with reference to the integration of third party software. Website.com.bn will try our best to complete the project as agreed in the proposal. As long as it is within a reasonable period, the Client agrees not to penalize Website.com.bn for any genuine delay, when every effort to keep the project on the proposed schedule is taken.

9.3. The Client is to supply all materials and information required for Website.com.bn to complete the work in accordance with the agreed specification. Such materials may include, but are not limited to, photographs, written copy, logos and other printed materials. Where the Client’s failure to supply such materials leads to a delay in completion of the work, Website.com.bn has the right to extend previously agreed deadlines for the completion of the Work by a reasonable amount.

9.4. Approval of Work. On completion of the project, the Client will be notified and have the opportunity to review it. The Client should notify Website.com.bn, in writing, of any unsatisfactory points within fifteen (15) days of receipt of such notification. Any of the Work which has not been reported in writing to Website.com.bn as unsatisfactory within the 15 day review period will be deemed to have been approved.

9.5. Once approved, or deemed approved, work cannot subsequently be rejected, and the contract will be deemed to have been completed and the remaining payment under Clause 2.1 Fee Payable will become due. The Contract will remain in effect until all obligations have been completed in terms of this Clause.

9.6. Upon handover of files (completed website) from Website.com.bn to Client, the Client shall assume entire responsibility in ensuring that all files are functioning correctly before use. Whilst every effort is made to make sure files are error free, Website.com.bn cannot guarantee that the display or functionality of the web design or the website will be uninterrupted or error free.

9.7. If, after handover of files, errors are found in code we have created and the standard development platform, domain name set-up and hosting set-up are the same as when work began, then Website.com.bn can correct these errors for the Client free of charge for a period of one (1) month, after acceptance of the work. After the 1-month period, Website.com.bn reserves the right to quote separately for any work involved in correcting an error.

9.8. If, after handover of files, errors are found in code Website.com.bn has created and the standard development platform, or the domain name set-up or hosting set-up have been changed, Website.com.bn can correct errors and reserves the right to quote separately for any additional work needed as a result of changes to the browser software, domain name set-up or hosting set-up.

9.9. Rejection of Work. If the Client rejects the work within the 15 day review period, or will not approve subsequent work performed by Website.com.bn to remedy any points reported by the Client as unsatisfactory, and Website.com.bn considers that the Client is unreasonable in the repeated rejection of the Work, the contract will be deemed to have expired and Website.com.bn can take any legal measures to recover both payment for the completed Work and reasonable expenses incurred in recovering payment.

10. Accessibility Of Website During Construction

10.1. During the website development cycle, Website.com.bn may at intervals place versions of the prototypes on our demonstration servers so that the Client may view and comment upon the progress, and approve design concepts and the prototypes. Until Client has approved the final website, none of the webpages for Client’s website will be accessible to end users.

11. Communication

11.1. Email, IM Messenger and telephone are Website.com.bn’s primary methods of contact with regard to all communication for the website design and development process. It is the Client’s responsibility to inform us of any change in contact details so we always have valid contact details. Website.com.bn cannot be held liable in any way for problems relating to communication issues if we are not supplied with a valid contact.

11.2. During a website project it is important that the Client communicates information with Website.com.bn to achieve the required result. If a Client does not respond for more than one (1) month, Website.com.bn will make up to 5 attempts to contact the Client using the contact details on file. If we do not receive a response to these attempts of contact the project may be suspended, and the deposit will not be refunded.

11.3. If the Client wishes to postpone the project for a period of longer than 1 month, it is necessary to inform Website.com.bn in writing of such intention. If a client returns from an unapproved postponement and the last contact is less than 6 months, Website.com.bn reserves the right to levy an administrative fee. If a client returns from an unapproved postponement and the last contact is more than 6 months, Website.com.bn shall need to provide a new quotation for the project.

12. Web Standards

12.1. Website.com.bn shall make every effort to ensure websites are designed to be viewed by the majority of visitors. Sites will be designed to work with the standard development platform, which includes recent versions of the main browsers, Internet Explorer, Google Chrome and Mozilla Firefox. The Client agrees that Website.com.bn cannot guarantee correct functionality with all browser software across different operating systems.

12.2. Website.com.bn tests our work in current or latest versions of the following major desktop browsers:

• Apple (Safari)
• Google (Chrome)
• Microsoft Internet Explorer
• Mozilla Firefox

12.3. With mobile device getting increasingly popular, testing mobile compatibility is essential in ensuring that users experience of a design is appropriate to the capabilities of the device they’re using. Website.com.bn will also test our work in these most popular devices:

• iOS
• Android

12.4. The Client agrees that an HTML page built from a graphic design may not exactly match the original design because of the difference between the display in design software and the rendering of HTML code by Internet browser software. Website.com.bn will to try to match the design as closely as is possible when building the code but provides no guarantee.

13. Development Process

13.1. Client is encouraged to provide as much instruction and direction as possible. In the development process, Website.com.bn will provide a draft of the design on our server, which the Client may review and comment upon.

13.2. Changes, Revisions & Additions. Website.com.bn understands that for any project there are always revisions during the development process to ensure the project meets Client needs. We allow up to 2 rounds of revisions for minor changes to the content, images and other content types. Beyond this we will charge for additional revisions. This includes but is not limited to minor revisions that prolong the timeline, or revisions that impact on structure, design and development. Client will be notified about the additional cost before we do any further work and an agreement for additional charges will be sought via email.

14. SEO (Search Engine Optimization)

14.1. SEO is a long-term strategy used to increase a website’s ranking in search engines such as Google or Bing. Website.com.bn is careful to use clean, web standard mark up, correct image and heading tags, site map generation and search engine submission to assist the website be found organically by search engines. We can assist Client with foundational SEO and recommend SEO strategies for the site, however we are not an SEO agency and therefore do not guarantee the ranking of the site.

15. Assignment of Project

15.1. Website.com.bn reserves the right to assign certain subcontractors to the project to insure the right fit for the job as well as on-time completion. Under such circumstances, Website.com.bn warrants all work completed by subcontractors for the project. When subcontracting is required, we will only use industry recognized professionals.

16. Limitation and Consequential Losses

16.1. If for any reason whatsoever Website.com.bn is unable to provide an agreed product or service in accordance with these terms and conditions our liability shall be limited in its entirety to a proportional refund of any fees paid by Client for the service or product. The entire risk as to the quality and performance of the website or other services is with the Client.

17. Termination

17.1. Either party may terminate the agreement on seven (7) working days’ written notice to the other party. Website.com.bn reserves the right to cease immediately without liability to provide the service and to terminate this agreement if Client fail to meet any obligation or violate the terms and conditions in accordance with this agreement.

17.2. If at any point during the web development cycle a client wishes to cancel, they may do so but will be invoiced an amount that Website.com.bn judges to be proportional to the amount of work completed on the project. If the total amount of work completed is more than the 20 percent deposit paid by the Client, Website.com.bn has the right to invoice the extra hours completed.

17.3. Client will be eligible for a complete refund of the project deposit if no work has been commenced when we receive notice in writing of the cancellation and the request for refund.

18. Technical Acquaintance

18.1. Because customer service is in integral part of Website.com.bn business strategy, all of our web design projects include a one-time complimentary technical acquaintance session (which is to be differentiated from ‘training’) in order for Clients to better make use of their new web technology.

Last Updated: 20 August 2017