Terms and Conditions
All services provided by 79Xperts.com to the Customer are subject to the following terms and conditions.
1. Acceptance
A copy of these terms and conditions must be signed by all new customers at the time of starting a project with 79Xperts.com, indicating agreement to and acceptance of these Terms and Conditions. Alternatively, payment of an advance fee or payment is an acceptance of our terms and conditions.
2. Charges
Charges for services to be provided by 79Xperts.com are defined in the project quotation that the Customer receives via e-mail. Quotations are valid for a period of 30 days. 79Xperts.com reserves the right to alter or decline to provide a quotation after expiry of the 30 days.
Unless agreed otherwise with the Customer, all website design and development services require an advance payment of a minimum of 50% of the project quotation total, non-refundable, before the work is shown to the Customer for review. The remaining 50% of the project quotation total will be due upon completion of the work prior to upload to the server or release of materials.
Charges for web design and development work does not cover the release of source files; if the Customer requires these files, they will be subject to a separate quotation. Payment for services is due by cheque or bank transfer. Any kind of money transfer fee is not covered in the project quotation total. Bank details will be made available on invoices.
3. Customer Review
79Xperts.com will provide the Customer with an opportunity to review the appearance and content of the Web site during the design and once they are completed. At the completion of the project, such designs will be deemed to be accepted and approved unless the Customer notifies 79Xperts.com otherwise within 10 days of the date the designs are made available to the Customer.
4. Turnaround Time and Content Control
79Xperts.com will install and publicly post or supply the Customer's Web site by the date specified in the project proposal, or if no such date is specified, within four weeks of the date initial payment is received from the Customer, unless a delay is specifically requested by the Customer and agreed by 79Xperts.com.
During the project, 79Xperts.com will require the Customer to provide content. If content is not provided within 4 weeks of an official request by email then 79Xperts.com reserves the right to advise the Customer of a revision to the final payment fee based on new or revised pricing schedules that may be introduced from time to time. If content is not provided within 8 weeks from the original email request then the Customer is considered to be in default, the project will be terminated and the Customer sent the final invoice for immediate payment.
5. Payment
Invoices will be provided by 79Xperts.com upon completion of the project and any associated services. All invoices are sent via email and are due upon receipt. 79Xperts.com payment terms are 7 days.
6. Default
Customer with invoice unpaid 30 days after the date of invoice will be considered in default. If the Customer in default maintains any information or files on 79Xperts.com web space, 79Xperts.com will, at its discretion, remove all such material from its web space. 79Xperts.com will not be responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Customer of the obligation to pay any outstanding charges assessed to the Customer’s account. If registration of a domain name has lapsed due to non payment, it shall be the Customer’s responsibility to carry out any new registration. Reinstatement of the content to the web space or reregistration of the domain will incur a charge of $100.00. Reinstatement will take place only when cleared funds for the outstanding payment and such reinstatement charges have been received.
7. Termination
Termination of services by the Customer must be requested in a written notice and will be effective on receipt of such notice. E-mail or telephone requests for termination of services will not be honoured until and unless confirmed in writing. The Customer will be invoiced for design work completed to the date of first notice of cancellation for payment in full within 30 days.
8. Copyright
The Customer retains the copyright to data, files and graphic logos provided by the Customer, and grants 79Xperts.com the rights to publish and use such material. The Customer must obtain permission and rights to use any information or files that are copyrighted by a third party. The Customer is further responsible for granting 79Xperts.com permission and rights for use of the same and agrees to indemnify and hold harmless 79Xperts.com from any and all claims resulting from the Customer’s negligence or inability to obtain proper copyright permissions.
The Customer owns the graphics and other visual elements that we create for the Customer for a specific project. The Customer cannot sell or use the design on other websites unless we agree to it.
A contract for website design and/or placement shall be regarded as a guarantee by the Customer to 79Xperts.com that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
9. Standard Media Delivery
Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Customer in electronic format (ASCII text files delivered on CD or via e-mail or FTP) and that all photographs and other graphics will be provided physically in high quality print suitable for scanning or electronically in .gif, .jpeg, .png or .tiff format. Although every reasonable attempt shall be made by 79Xperts.com to return to the Customer any images or printed material provided for use in creation of the Customer's website, such return cannot be guaranteed.
10. Design Credit
A link to 79Xperts.com will appear in either small type or by a small graphic at the bottom of the Customer's website. If a graphic is used, it will be designed to fit in with the overall site design. If a Customer requests that the design credit be removed, a nominal fee of 10% of the total development charges will be applied. When total development charges are less than $2000, a fixed fee of $300 will be applied.
11. Access Requirements
If the Customer's website is to be installed on a third-party server, 79Xperts.com must be granted temporary read/write access to the Customer's storage directories which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.
12. Post-Placement Alterations
79Xperts.com cannot accept responsibility for any alterations caused by a third party occurring to the Customer's pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.
13. Domain Names
79Xperts.com may purchase domain names on behalf of the Customer. Unless otherwise stated, payment and renewal of those domain names is the responsibility of the Customer. In which case, the loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of 79Xperts.com. The Customer should keep a record of the due dates for payment to ensure that payment is received in good time.
14. General
These Terms and Conditions supersede all previous representations, understandings or agreements. The Customer's signature below or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment is an acceptance of our terms and conditions.
Effective from: July 07, 2007
