All estimates/quotes are based on our understanding of your requirements and as per given time-frame. Any changes to the functionality including micro-improvements, may incur additional costs accordingly.
• By accepting a quote, you agree to and accept the terms and conditions of Easyweb internet Pty Ltd. Acceptance can be verbal, by email, payment of Initiation, signing a quote and service order form.
• Clients to ensure that we have included all requirements in the quotes/proposals/estimates and that we fully understand their requirements. Clients must provide us with clear guidelines along with the flow or specific details they may require. When such details are not provided, we will proceed with our understanding of the 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 you clarify every aspect of your website development and ensure that you have been quoted on the right requirements.
• Any complexity related to specific tasks, must be advised in advance and included in the proposal for costing purposes. We operate in good faith and rely on our clients to disclose the full picture at the time of quotation. Any discrepancy arising due to unclear requirements will not be borne by Easyweb Internet.
• There are limited man-hours allocated to each task including Project Management and Digital Strategist/Business Analyst. Minor changes may be included within the allocated hours. This will be analysed on a case-by-case basis.
• Easyweb Internet will make every effort to complete the project/changes in the given timeframe. Reasonable delays are accepted if functionalities are redefined or modified.
• Any delays at client’s end, may delay the project and proposed timeframes and may incur additional costs.
• Any bugs (programming errors) reported during or just after the development does not attract additional charges.
• Any re-work on an already completed task will attract additional charges. Any changes in the design after the design approval will incur additional charges.
• Any modifications requested during the development or after the Go-Live approval will incur additional charges. All additional work, over and above the estimates is charged separately. Under no circumstances will Easyweb Internet be liable for any delays caused by change in the project brief.
• Website/application content and all related materials need to be provided to us within the first two weeks of starting the project. Any delays thereafter may delay the project and may incur additional charges if it goes beyond reasonable timeframe.
• Our websites/applications are generally tested on PCs and include near recent versions of following browsers: IE, Firefox, Chrome & Safari. If you require testing to be done on any other browser, please let us know in advance.
• Responsive/multi-device compatible web pages are tested on iPhone and iPads. If you require testing to be done on any other device, please discuss it in advance.
• If your website/application is not hosted on a Easyweb Internet server, any additional man-hours that may be required due to any server or network related issues are not covered in our quotes and may be charged separately.
• If you require the project to be put on hold, please advise us in writing in advance. To put the project on hold without incurring additional charges, we will need the account to be up to date based on the work done. Further details can be discussed if such a situation arises.
• Easyweb Internet software codes (not including open source software) are copyrights of Easyweb Internet. The codes can be handed over at an additional cost for use once all previous invoices are settled, on the condition that the codes are used only for use or modification for re-use for further development for the specified client or subsequent owners of that legal entity. Under no circumstance, the codes will be allowed to be used for re-selling or duplication purposes.
• Easyweb Internet owns copyrights of all codes written for any client, unless arrangements are made prior to start of the project. Easyweb Internet warrants a license to use any custom built software for the client, for their use only. This license is granted while paying for the hosting. Easyweb Internet cannot be transferred to any external host; this includes any access to the software codes.
• The website or software application will be designed to be deployed on the web, via using a commercial grade web-server or a similar setup. Based on your website traffic, the website may not perform if deployed on a generic office network environment.
• Depending upon the functionalities required, there may be 3rd party components such as Third Party Payment Gateways or SSL certificates involved in building a website/application. Although Easyweb Internet does its best in recognising the suitability of any such component, any unforeseen limitations of 3rd party components are beyond our control. Any third-party component purchase costs (such as SSL, Payment gateway, Google Adwords, Plug-in licenses etc) are not included in our quotes.
• Easyweb Internet takes no responsibility of any open source products such as WordPress, Open Source carts, Joomla etc. It is clients responsibility to update all components and third party softwares. We suggest you to take regular back-ups to avoid any disruptions.
• Easyweb Internet offer packages in co-ordination with third party providers. Changes to the third party provider’s rules and policies may ultimately effect the services we provide or the terms and conditions herein.
• 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. We 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 us for any genuine delay, when every effort to keep the project on the proposed schedule is taken.
• Domain registration/renewal etc charges are not included as a part of any project/proposal unless mentioned otherwise. If required, a quote for which will be submitted separately and approved by the client.
• Hosting charges are not included in the quotations unless mentioned otherwise. Easyweb Internet can organise an appropriate hosting solution if required, a quote for which will be submitted separately and approved by the client. Where clients decide to organise their own hosting, we should be consulted before finalising the type of hosting and database, as it should meet the requirements of the technology used for the development. Please note that we’ll require full access with hosting support for testing and deploying the application. Easyweb Internet will not be liable for any delays or errors caused by direct or indirect actions of the hosting company.
• Easyweb Internet generally builds and tests the websites/applications on our own servers or hosted domains. Easyweb Internet cannot give access to their test servers and test websites to the clients or any third party. The website/application can be transferred-off to a nominated 3rd party server upon full payment of all invoices and dues.
• Nothwithstanding any other provision in the agreement, in consideration of the Customer entering into this agreement with Easyweb Internet, upon full payment of any outstanding invoices, Easyweb Internet will grant an unconditional license to the Customer to reproduce, publish, communicate, use, exploit, vary, or otherwise deal with 1) the graphics, 2) texts and 3) images used in the published website and associated of form and functionality. This will not include the intellectual property relating to the production of the website including the digital strategies, programming codes, database structures, scripts, forms or functionalities.
• All communications/correspondences are generally done via emails. It is client’s responsibility to keep us updated with their relevant email addresses.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Easyweb Internet, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
CANCELLATION
The Customer may cancel its contract / a project with Easyweb Internet by giving no less than 30 (Thirty Days) business days written notice of the intention to cancel. Easyweb Internet may, where applicable, charge a reasonable termination or settlement fee for the early termination of the contract.
The Customer agrees to pay Easyweb Internet any amounts owed for Services which have already been rendered as well as costs that Easyweb Internet will be liable to pay as a result of the early termination.
Easyweb Internet may cancel the contract, or project or quotation with a customer by giving no less than 10 business days written notice of its intention to cancel. Any services and costs incurred in relation to this contract will be invoiced.
BREACH
Without prejudice to our other rights under our Terms, if you breach our Terms, we may take the action we deem appropriate.
Any account that remains unpaid 30 (thirty) days after the date of invoice will be considered in breach of our Terms. If the Customer commits a breach, services may be suspended without notice. If the overdue account has not been settled within 60 days, the contract may be cancelled at Easyweb Internet’s discretion and the Customer will be liable for the cancellation fee. Any information or files may be removed in Easyweb Internet’s sole discretion. We will not be liable for the loss of any content in this regard. Suspension of services or removal of any content will not relieve the Customer of its payment obligations.
If Easyweb Internet institutes legal action to recover any money due by a Customer, or for any other lawful purpose, the Customer in question will be liable for the legal costs of Easyweb Internet on the attorney and own Customer scale unless applicable legislation states otherwise.
Copyright
Copyright is a legal right that grants the creator of an original work exclusive rights to its use and distribution, usually for a limited time, with the intention of enabling the creator to receive compensation for their intellectual effort. This applies to various forms of creative works such as literature, music, art, and software.
- Text: Any original written content, whether it’s prose, poetry, articles, scripts, or any other literary form, is protected by copyright as soon as it is created and fixed in a tangible form (e.g., written down or saved electronically).
- Images: Copyright also covers original visual works such as photographs, illustrations, paintings, and graphic designs. Like text, copyright protection applies as soon as the work is created and fixed in a tangible form.
For both text and images, the copyright holder has the exclusive right to reproduce the work, distribute copies, display or perform the work publicly, and create derivative works based on the original. This means others generally cannot use these works without permission from the copyright holder, unless their use falls under fair use or another exception under copyright law.
Google ads Management
Services: Easyweb Internet will provide Google Ads management services to the Client, including but not limited to creating and optimizing Google Ads campaigns, managing and monitoring ad spend, creating ad copy, and providing reports on campaign performance.
Fees: Client agrees to pay Easyweb Internet a monthly management fee for their monthly Google Ads management. The fee will be invoiced on a monthly basis and is due within 10 days of receipt of invoice.
Ad Spend: The actual ad spend may fluctuate each month, but the management fee will always be calculated based on the total ad spend for the month.
Contract Term: This Agreement will begin upon submission and will continue until terminated by either party with a 30-day notice.
Termination: Either party may terminate this Agreement with a 30-day written notice. If the Client terminates this Agreement before the end of the initial term or any renewal term, Client will be responsible for payment of the monthly management fee for the remainder of the term.
Ownership: All Google Ads accounts and related data created by Easyweb Internet on behalf of Client will remain the property of Client. Easyweb Internet will provide Client with administrative access to the accounts.
Confidentiality: Easyweb Internet agrees to keep all Client data and information confidential and will not disclose such information to any third party without Client’s consent.
Indemnification: Client agrees to indemnify and hold Easyweb Internet harmless from any and all claims, damages, and expenses arising from the use of the Google Ads campaigns created and managed by Easyweb Internet on behalf of Client.
Entire Agreement: This Agreement constitutes the entire understanding between the parties with respect to the subject matter hereof and supersedes all prior negotiations, discussions, and agreements between them.