Web Development Terms & Conditions

  1. STANDARD TERMS AND CONDITIONS
    These are the standard terms and conditions for Website Design and Development and apply to all contracts and all work undertaken by shashimamitchell.com.
  2. OUR FEES AND DEPOSITS
    A 50% deposit of the total fee payable under our proposal is due immediately upon you instructing us to proceed with the website design and development work. The remaining 50% shall become due when the work is completed to your reasonable satisfaction. We reserve the right not to commence any work until the deposit has been paid in full.The 50% deposit is only refundable if we have not fulfilled our obligations to deliver the work required under the agreement. The deposit is not refundable if the development work has been started and you terminate the contract through no fault of ours.
  3. ADDITIONAL EXPENSES
    You agree to reimburse shashimamitchell.com for any requested expenses which do not form part of our proposal including but not limited to the purchase of templates, third party software, stock photographs, fonts, domain name registration, web hosting and any other comparable expenses.
  4. SUPPLY OF MATERIALS
    You must supply all materials and information required by us to complete the work in accordance with any agreed specification. Such materials may include, but are not limited to, photographs, written copy, logos and other printed material. Where there is any delay in supplying these materials to us which leads to a delay in the completion of work, we have the right to extend any previously agreed deadlines by a reasonable amount.Where you fail to supply materials, and that prevents the progress of the work, we have the right to invoice you for any part or parts of the work already completed.
  5. VARIATIONS
    The website development phase is flexible and allows certain variations to the original specification. However, we have the right to limit the number of design revisions to a reasonable amount at our discretion – at which juncture we may choose to terminate the contractor/client agreement. Upon our termination of the contract, you will be invoiced for all billable design hours and if due, a refund on the deposit will be promptly made to your account. If the design has already been approved, any major deviation from the specification will be charged at the rate of $75.00 per hour and added to your final balance due.
  6. RIGHT TO TERMINATE
    shashimamitchell.com reserves the right to refuse or break a contract for any reason, including but not limited to if it is believed that the Client, their Web site, or any material is illegal, immoral or otherwise unacceptable, without prior notice.
  7. PROJECT DELAYS AND CLIENT LIABILITY
    Any time frames or estimates that we give are contingent upon your full co-operation and complete and final content in photography for the work pages. During development there is a certain amount of feedback required in order to progress to subsequent phases. It is required that only a single point of contact be appointed from your side and be made available on a daily basis in order to expedite the feedback process.
  8. WARRANTY BY YOU AS TO OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS
    You must obtain all necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names and trademarks, or any other material that you supply to us to include in your website or web applications.You must indemnify us and hold us harmless from any claims or legal actions related to the content of your website.
  9. SEARCH ENGINE OPTIMIZATION (SEO)
    We do not guarantee any specific position in search engine results for your website. We perform basic search engine optimization according to current best practice.
  10. CROSS BROWSER COMPATIBILITY
    By using current versions of well supported content management systems, we endeavor to ensure that the web sites we create are compatible with all current modern web browsers such as the most recent versions of Internet Explorer, Firefox, Google Chrome and Safari. Third party extensions, where used, may not have the same level of support for all browsers. Where appropriate we will substitute alternative extensions or implement other solutions, on a best effort basis, where any incompatibilities are found.
  11. SUBCONTRACTING AND NON-DISCLOSURE
    We reserve the right to subcontract any services that we have agreed to perform for you as we see fit. We (and any subcontractors we engage) agree that we will not at any time disclose any of your confidential information to any third party.
  12. DESIGN CREDIT
    A link to shashimamitchell.com will appear by a graphic at the bottom of the Client’s website. If a client 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 $1000.00 USD, a fixed fee of $150.00 USD will be applied. The Client also agrees that the website developed for the Client may be presented on shashimamitchell.com within the portfolio.
  13. BACKUPS
    You are responsible for maintaining your own backups with respect to your website and we will not be liable for restoring any client data or client websites except to the extent that such data loss arises out of a negligent act or omission by us.
  14. CONSEQUENTIAL LOSS
    We shall not be liable for any loss or damage which you may suffer which is in any way attributable to any delay in performance or completion of our contract, however that delay arises.
  15. DISCLAIMER
    To the full extent permitted by law, all terms, conditions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise (other than the express provisions of these terms and conditions) relating in any way to the services we provide to you are excluded. Without limiting the above, to the extent permitted by law, any liability of shashimamitchell.com under any term, condition, warranty or representation that by law cannot be excluded is, where permitted by law, limited at our option to the replacement, re-repair or re-supply of the services or the payment of the cost of the services that we were contracted to perform.
  16. GOVERNING LAW
    The agreement constituted by these terms and conditions and any proposal will be construed according to and is governed by the laws of the State of New York. You and shashimamitchell.com submit to the non-exclusive jurisdiction of the courts in and of the State of New York in relation to any dispute arising under these terms and conditions or in relation to any services we perform for you.
  17. E-COMMERCE
    You are responsible for complying with all relevant laws relating to e-commerce, and to the full extent permitted by law will hold harmless, protect, and defend and indemnify shashimamitchell.com and its subcontractors from any claim, penalty, tax, tariff loss or damage arising from your or your clients’ use of Internet electronic commerce.
  18. SEVERABILITY
    In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties.
  19. EFFECTIVE DATES
    This notice is current and effective for all contracts as of 1 January 2013 and is also applicable to any amended contracts after the effective date 1 January 2013.
  20. ACCEPTANCE OF THESE TERMS
    It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.