Terms of Web Design Services
This Terms of Services has prepared by HKWebDesign.net (referred to ‘Skywise Technologies’, 'we', 'us', or 'Site' latter) to demonstrate the terms and conditions (unless otherwise stipulated in the contract) that our clients engage us as an independent contractor for the specific web project of developing and/or improving a web site (hereinafter referred to as "project" or the project).
The project will be started and made effective only when receipt of the order and full payment of the said deposit. An order is deemed to be a written or verbal contract (including telephone and email agreements) between the client and us.
Payments must be made promptly based on the agreed schedule. Before the project commencement, the client is required to pay a 50% non‐refundable deposit for all projects. Once a project has been designed and completed, the final balance of payment is then due and should be made within 7 business days and at least 3 business days before launch date.We reserves the right to remove any web design project from viewing on the Internet until final payment is made. In case collection proves necessary, the client agrees to pay all fees incurred by that process. Any dispute will be litigated or arbitrated in Hong Kong.
Designs remain our property until all outstanding accounts are paid in full. Original web site content specifically requested by the customer and designed under work for hire shall be the intellectual property of the customer once final payment under this agreement and any additional charges incurred have been paid. Rights to clipart, photos, graphics, source code, work-up files and computer programs that are not specifically requested and designed under work for hire are not transferred to the client, and remain the property of their respective owners. We retain the right to display graphics and other web design elements as examples of our work.
4. Rights & Duties
By you using our services, the client acknowledge that we have the right to refuse to design any graphics, websites, products, web applications, and provide services for any illegal uses. The project will be started after receiving all necessary materials. The client agree to provide us accurate, complete, and updated information during development of the project. If you are unable to provide materials necessary for the completion of project and/or approve development work in a timely manner agreed upon at the start of project, then completion and delivery deadlines are subject to change.
For the web design, website redesign, and/or SEO (search engine optimization) project which the website may be installed on the client's account on an Internet Service Provider (ISP) / Web Presence Provider (WPP) computer (hereinafter refer to as "Hosting Service"), the client agree to authorize us to access this account and authorizes the Hosting Service to provide us with "full access" to the client's account and any other programs needed for this web design, website redesign, and/or SEO project that are included as part of the client's service agreement/level.
6. Copyright and Trademarks
The client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, videos, or other artwork furnished to us for inclusion in the web design project are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect and defend us and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.
7. Web Site Maintenance
If the web site maintenance is included in the project, it means minor web site maintenance such as updating lines and making minor changes to a sentence or paragraph. It does not include updating or replacing nearly all the text from a page with new text, major page reconstruction, new pages, new functions, navigation structure changes, etc. Major page amendment and/or database structural changes will be charged at current hourly rates based on the job volumes.
8. Completion Date
We and the client must work together to complete the project in a timely manner. If the client does not supply us with required materials such as complete text and graphic content (for web design and/or website redesign project) within 60 days of the date this agreement was signed, the agreement will be terminated and the deposit not refunded. If the client decides to cancel the project, it should be immediately notify us in written form. For the work that has been completed beyond the amount covered by payment(s) made at the time of cancellation and/or termination of the agreement, the client is still obliged to pay.
9. Project Delivery
The project delivery shall be completed upon receipt of the final payment associated with delivery. For web design and website redesign project, delivery may be accomplished by publishing, electronic transfer, or physical media.
10. Electronic Commerce Laws
The client agrees that he/she is solely responsible for complying with such laws, taxes and tariffs (if any), and will hold harmless, protect, and defend us and our subcontractors from any claim, suit, penalty, tax or tariff arising from the client's exercise of Internet electronic commerce.
11. Limited Liability
We do not warrant that the functions contained in the project will be uninterrupted or error-free. In no event will we be liable to the client or any third party for any damages, including, but not limited to service interruptions caused by Acts of God or any other circumstances beyond our control, any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate this project, failure of any service provider, of any telecommunications carrier, of the Internet backbone, of any Internet servers, your or site visitor's computer or Internet software, even if we has been advised of the possibility of such damages.
If any provision of this terms of services shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable.
13. Waiver of Contractual Right
The failure of either party to enforce any provision of this terms of services shall not be construed as a waiver of limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this terms of services. This terms of services agreement shall be governed by and interpreted and enforced in accordance with the laws of the Hong Kong.
Last Update: Sept 1, 2013