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terms of the contract
After having received a brief of requirements
from the Customer, either verbally or written, Pitanga will produce
a quotation detailing the design work to be carried out. The Customer
must provide written confirmation that the quotation is acceptable.
The quotation will effectively form the basis of this contract.
This agreement constitutes the entire agreement between Pitanga
and the Customer. In making this agreement each party confirms that
they have not relied on any inducement not recorded in this agreement.
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copyright and content
The client must own copyright, or have reproduction
rights, of all artwork, trade names, photographs, and other materials
supplied to Pitanga for inclusion on the clients web site. The client
shall indemnify Pitanga against any costs whatsoever in connection
with the ownership of copyright or reproduction rights. The client
shall have full liability for the consequences of the contents of
their site as long as the site reflects the clients' instructions
to us.
Customer's logos, artwork, graphics and photographs remain the Copyright
of the Customer. Design, graphics and programming produced by Pitanga
remain the intellectual property of Pitanga unless otherwise agreed.
All domain names are registered in the
clients name and not that of Pitanga.
Pitanga reserve the right to refuse to construct a web site which
we may judge as unfit due to content or otherwise. This includes,
but is not limited by, sites containing adult oriented material such
as pornography, sites which promote hatred towards persons belonging
to any ethnic group, religion or sexual orientation and sites which
infringe copyright or are contrary to UK laws.
design of the web site
Pitanga makes every effort to design
pages which display acceptably in the most popular current browsers.
However, we cannot accept responsibility for pages which do not
display acceptably in new versions of browsers which have been released
after the pages have been designed.
Pitanga will produce and publish a proof
design for the customer's approval. The design copyright of the
proof shall remain the sole property of Pitanga. Use of the design
in any respect without the express written permission of Pitanga
will constitute breach of copyright.
Pitanga will complete the design and build of the Customer's Web
Site after receiving written confirmation that the design proof
is satisfactory.
Pitanga will release Web Site code and graphics when payment of
the final invoice for the outstanding quotation value is received
in full.
Once Pitanga has received written confirmation that the test design
is satisfactory, modifications to the design specification will
be considered an amendment to the contract. All modifications must
be confirmed in writing.
payment
The final invoice will be issued when
work has been completed on the Customer's Web Site design. Web Site
code and graphics will not be released to the Customer until payment
is received in full.
Design modifications will be a charged at the prevailing hourly
rate.
Payment shall be made in UK Pounds Sterling to Pitanga. Payments
are due within 14 days of presentation of invoice. If due to bank
charges, transfer fees, or the like, Pitanga
should receive less than its invoice amount, Pitanga will re-invoice
the Customer for the shortfall. In the event that any amount remains
unpaid fourteen days after invoice date, Pitanga reserves the right
to discontinue, withhold, or suspend services to the Customer to
whom such unpaid amounts relate.
In accordance with The Late Payment of Commercial Debts Act 1998
interest will be charged on all payments received outside of payment
terms at the rate of 2% above Lloyds Bank plc base rate. All charges
incurred by Pitanga due to late payment or cheques that require
representing or fees required to recover debts will be passed onto
the Customer.
Tenders and Quotes are valid for 30 days from the date of the Tender
or Quote. All prices quoted may be subject to change without notice
after this period.
If at any point during the Website Development Cycle a client wishes
to cancel, they may do so but will be invoiced an amount that Pitanga
judges to be proportional to the amount of work completed on the
commission.
If, during the Website Development Cycle, the client does not supply
the content required in order to complete the commission within
a reasonable amount of time, Pitanga will consider that the client
wishes to cancel the commission. disclaimer
Pitanga cannot be held liable for any information contained within
the Customer's Web Site. The content of the Web Site remains the
copyright and intellectual property of the Customer. The Customer
is liable for any reasonable legal costs incurred by Pitanga caused
by the content of the Customer's Web Site and agrees to indemnify
Pitanga for any awards made by a court of law.
Domain names and hosting services are obtained and held by Pitanga
on the clients behalf using third parties. Our client takes all
risks in connection with the solvency and performance of such
third parties. We act as our clients' agent in these matters,
and the client accepts that the third party has sole liability
to provide such services
Search Engine entry and ranking can in no way be guaranteed as
this remains the sole discretion of the 3rd party Search Engine
provider.
No liability will be accepted for compatibility issues with code
or any errors, omissions or failings of software code produced.
Where in the instance that a time scale has been given, Pitanga
will not be responsible for any money lost to the client if the
deadline is not met.
Pitanga does not undertake to maintain or update a client's website
as part of the design commission. Pitanga will review the customer's
site three months after the site has been made live and offer
recommendations for any changes to be made. If a client wishes
Pitanga to maintain or update a web site as a separate commission,
Pitanga will negotiate with the client a maintenance contract
appropriate to the amount of work required. Web site maintenance
may also be undertaken on a time and materials basis if the client
so wishes.
Should Pitanga waive any of these terms on an individual basis,
this shall not affect the validity of remaining clauses or commit
Pitanga to waive the same clause on any other occasion
This contract shall be subject to English Law. Where it is held
that Pitanga is not entitled to rely on any term in this contract,
then Pitanga may also be allowed to cancel all rights and obligations
under this contract, or to hold all other clauses as valid entirely
at their sole discretion.
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