1.DEFINITIONS
The following terms and conditions document is a legal agreement between "New age Multimedia" hereafter “Developer” and “Client” for the purposes of web site design or development. These Terms and Conditions set forth the provisions under which the Client may use the services supplied.
Developer is an Internet web design provider offering the Client graphical design, HTML, CSS, Javascript and other related computer programming languages.
2.ACCEPTANCE OF WORK
Quotations are valid for 7 days from date of issue.
Developer will carry out work only where an invoice has been paid by the Client for the work, unless otherwise agreed at Developers discretion.
When the Client places an order to purchase a web site or web site updates from Developer, the order represents an offer to Developer to purchase the web site or web site updates which is accepted by Developer only when an invoice is sent to the Client. No contract for the supply of services exists between Client and Developer until Developer sends an invoice to the Client for payment. The invoice equals acceptance by Developer (or third party supplier) of Clients offer to purchase services from Developer and this acceptance of work is a valid contract between Client and Developer regardless of whether Client receives the invoice.
Any other services on the order which have not been included in the invoice do not form part of the contract. The Client agrees to check the details of the invoice are correct and should print and keep a copy for their records.
Developer is liable to withdraw from contract at any time prior to acceptance.
Additional work requested by the Client which is not specified in the agreed quotation is subject to an additional quotation by the Developer on receipt of specification. If the work is needed as part of an existing project then this may the effect timescale and overall delivery time of the project.
Client agrees to provide any needed information and content required by Developer in good time to enable Developer to complete a design or web site work as part of an agreed project.
Any work is subject to a minimum charge of HK$150.
3.PERMISSION AND COPYRIGHT
All pages, images, text and code on Developer's web site at http://www.newage-hk.com/ is copyrighted material.
Client and any visitors to the Developer's web site at http://www.newage-hk.com/ may not use any of the pages, images, text or code on the web site for use on Client's or visitors own web site or to create a web site, templates or Actinic templates without prior written permission from Developer.
Copyright of the completed web designs, images, pages, code and source files created by Developer for the project shall be with the Client upon final payment only by prior written agreement. Without agreement, ownership of designs and all code is with the Developer.
These terms of use grant a non-exclusive limited license so that the Client can use the design on one web site on one domain name only. The Client is not permitted to use a design for more than one website without prior written agreement between the Client and the Developer.
Client agrees that resale or distribution of the completed files is forbidden unless prior written agreement is made between the Client and the Developer.
Client hereby agrees that all media and content made available to Developer for use in the project are either owned by the Client or used with full permission of the original authors. The Client agrees to hold harmless, protect and defend Developer from any claim or suit that may arise as a result of using the supplied media and content.
Client agrees that Developer may include development credits and links within any code Developer designs, builds or amends. If Developer designs a web site for a Client then Client agrees that Developer may include a development credit and link displayed on the Clients web site. If Developer builds or amends a web site for a Client then Client agrees that Developer may include a development credit and link displayed on the Clients web page, which may be within the code but not displayed on a web browser if requested by Client. Client agrees that Developer may include development credits and links on the templates Developer offers for sale on the web site at http://www.newage-hk.com/.
Client agrees that Developer reserves the right to include any work done for the Client in a portfolio of work.
4.MATERIAL
Developer reserves the right to refuse to handle:
a) Any media which is unlawful or inappropriate;
b) Any media which contains a virus or hostile program;
c) Any media which constitutes harassment, racism, violence, obscenity, harmful intent or spamming
d) Any media which constitutes a criminal offence, infringes privacy or copyright
5.DOMAIN NAMES AND HOSTING
The Developer can at it's own discretion, but is not obliged to, offer domain name registration and hosting via a third party service.
The Client agrees that registration of a domain name does not provide endorsement of the right to use the name. The Client is responsible for ensuring they have due title to the domain name. The Developer holds no liability and the Client hereby agrees to indemnify and hold harmless the Developer from any claim resulting from the Client's registration of a domain name.
The domain name is registered in the Client's own name, address and contact details. The Client should be aware that a domain name is registered with a third party and as such the Client shall agree to fully abide by the terms and conditions set out by the third party for such services.
Client agrees to take all legal responsibility for use of third party domain name and hosting services and supplies truthful details to the third party services.
The Client agrees that information submitted for registration of Domain names is then available the general public via the Nominet Whois system. However, Clients that are using their web site for non-trading purposes may ask the third party registrar for their contact information not to be included in the Nominet Whois system.
The Client is liable to pay Developer for any domain name registrations and the initial set up of the hosting if included as part of the web site build.
Any support relating to the domain name, hosting and email services are to be made between the Client and the third party service.
Any other domain name and hosting services or costs not included by Developer, including, but not limited to, further domain name registration fees, domain name transfer charges, yearly domain name renewals, hosting charges, yearly hosting renewals, hosting upgrade, extra disk space, bandwidth and any other related or hidden charges are to be paid by the Client to the third party services.
The Client agrees to pay the domain and hosting fees as soon as required by the third party. Any modifications needed to the domain name or hosting services are to be made between the Client and third party service.
The Client agrees that if at any time their contact details including email address change, it is their responsibility to contact the third party and update their contact details. Failure to do so may mean that renewal invoices for the domain and hosting services are not received by the Client.
Payment for domain and hosting services are to be made immediately on receipt of invoice from the third party service. Failure to comply with the payment terms may result in the Clients domain name becoming available to another party and/or the web site and email services becoming unavailable.
Client agrees to pass on FTP details and any other access details relating to their domain name and hosting account which the Developer requires to upload the web site if required as part of a project.
Developer reserves the right without notice to cancel, reject or refuse work with domain names or hosting services without reason for such rejection or refusal.
Client agrees to be liable for their use of the domain name, hosting and email services with the third party and hereby agrees to indemnify and hold harmless the Developer from any claim resulting from the Client's publication of material and use of the domain name, hosting and email services.
Client agrees to take full responsibility for all usage of the domain name, hosting and email services and to fully abide by the terms and conditions set out by the third party for such services.
6.CUSTOM WEB DESIGN PACKAGE
For web site graphic designs as part of the "Custom web design package" offered on the web site at http://www.newage-hk.com/, Developer will design a layout of the site based on specifications made by the Client in the order form and as agreed by Developer. All pages of the site will use the same design layout which will surround the centre content to the top, left, right and bottom of the page. Developer reserves the right to quote separately for any additional different design layouts to surround the centre content to the top, left, right and bottom of any page. If Client chooses to use imagery in the design they may provide 2-4 images of their choosing to the Developer for use in the design layout, or Developer can use 2-4 generic stock images. If Client has a logo they can provide it to the Developer for use in the design layout, or the Developer will create a simple web site logo. Developer will make available to the Client a watermarked version of the design layout for approval. It is important that Client communicates information to the Developer to achieve the required result. Client agrees that they are permitted upto 3 hours of alterations to the layout. All alterations are to be requested in writing either by email or postal mail by the Client. After the 3 hours of alterations have been completed, Developer reserves the right to advise the Client of such and send a separate quotation to the Client and to request payment for any further alterations. Developer reserves the right to request payment be received for further alterations before continuing work. Upon completion of agreed design the Client is asked to confirm in writing by email or postal mail that the design and the screen size is signed off as complete and agree that any further design alterations are chargeable.
For web site build coding as part of the "Custom web design package" offered on the web site at http://www.newage-hk.com/, Developer will build the site based on the specifications in the original quotation. The Client is to provide the digital content for each page of upto 4 images per page and text of upto 1000 words per page. Developer reserves the right to charge an additional cost for typing out hard copy or scanning content or photographs for image creation. Once the site is built, Client agrees that they are permitted upto 3 hours of alterations to images and text content in the centre area of the pages, not including the agreed design layout template which surrounds the centre content to the top, left, right and bottom of the page, the logo or navigational areas of the page. All alterations are to be requested in writing either by email or postal mail by the Client. After the 3 hours of alterations have been completed, Developer reserves the right to advise the Client of such and send a separate quotation to the Client and to request payment for any further alterations. Developer reserves the right to request payment be received for further alterations before continuing work.
7. PROJECTS
Client agrees that a HTML page built from a graphic design may not exactly match the original design because of the difference between the display in design software and the rendering of HTML code by internet browser software. Developer agrees to try and match the design as closely as is possible when building the code.
During a website project it is important that Client communicates information to the Developer to achieve the required result.
Client agrees that for graphic design work they are permitted upto 3 hours of alterations and for coding work they are permitted upto 3 hours of alterations. All alterations are to be requested in writing either by email or postal mail by the Client. After the 3 hours of alterations have been completed either in graphic design or coding, Developer reserves the right to advise the Client of such and send a separate quotation to the Client and to request payment for any further alterations. Developer reserves the right to request payment be received for further alterations before continuing work. Upon completion of agreed design the Client is asked to confirm in writing by email or postal mail that the design and the screen size is signed off as complete and agree that any further design alterations are chargeable.
If the Client requests design or content alterations to pages that have already been completed, new pages or different functionality other than that specified in the original quotation, Developer reserves the right to quote separately for these alterations. Examples of alterations include, but are not limited to:
- Altering the design layout template which surrounds the centre content to the top, left, right and bottom of the page
- Altering the logo
- Altering layers, tables, data, graphics, images and text
- Addition of a new table or layer to redesign the whole or part of a page
- Altering colours and font styles
- Changing the widths and heights of objects on the page
- Altering the design and structure of navigational menus, links, buttons
- Altering or adding new functionality to the page, navigation, Javascripts etc
For site builds the navigation will be hard coded as per the design. However if the navigation requires Javascript, drop down layers or other functionality which require further coding work this may be quoted for separately.
For Actinic site builds the Actinic shop sections navigation will use the default Actinic Javascript. Further customisation of this Actinic Javascript or applying an alternative Javascript to change the menu may be quoted separately.
If optimised pages are included as part of the project, Developer will optimise the Client's web pages which already make up part of the project, optimised pages is not creation of new pages. The optimisation of the web pages can include the meta tags, keywords, description, title, alt tags and text provided by the Client.
For non-Actinic sites, If the Client does not provide keywords information needed by Developer, then Developer will include it to it's best judgement. For non-Actinic sites where optimised pages are not included as part of the project, Developer will provide a standard meta tag set for each page.
Developer endeavours to create pages that can be crawled by search engine spiders. However, Developer gives no guarantee that the site will become listed with search engines. This is often achieved through various methods such as page layout, content and cross linking with other web sites. The Client may wish to enquire about specialist web marketing.
If an error or issue with the design or code arises during the project which does not allow the design or code to match the original specification, then Client agrees that Developer can apply a nearest available alternative solution.
Developer at all times applies reasonable skill and care in provision of services.
On request, the Developer can create a copy of the web site on one CD to be posted to the Client on project completion, a small charge will be made to cover the cost of this.
Once the project is completed, Developer will upload the web site to the Client's live web address if included as part of a project.
After site completion, a Client or a third party of their choosing may wish to edit their web site code themselves to make updates. However, the Client agrees that in so doing they assume full responsibility for any issues which occur as a result of changing the code themselves. If Client or a third party of their choosing edits the web site code and this results in functionality errors or the page displaying incorrectly, then Developer reserves the right to quote for work to repair the web site.
Developer reserves the right to assign subcontractors in whole or as part of a project if needed.
Developer will keep a copy of the site and design source files when a web site project is being worked on. However, the Client agrees that it is their responsibility to have regular backups made by themselves or the third party hosting services in case of a software or hardware failure at the third party hosting servers.
All communications between Developer and Client shall be by telephone, email, Skype or postal mail, except where agreed at Developer's discretion.
8.ACCESSIBILITY & WEB STANDARDS
Developer tests sites and templates to ensure they comply with WAI accessibility standards to Level A conformance for Actinic sites and Level AA conformance for non-Actinic sites as they are at time of sale. Should Client request Developer alter the site or templates to meet specific WAI accessibility guidelines or if updated WAI accessibility guidelines were introduced after the site or templates were sold to the Client, Developer reserves the right to quote separately for any additional work needed. If Client uses Developer's Actinic templates along with other Actinic templates which are not built by Developer, the overall page may not meet WAI accessibility standards to Level A conformance.
Developer tests sites and templates to ensure they comply with W3C CSS standards as they are at time of sale. Should updated W3C CSS guidelines be introduced after the site or templates were sold to the Client, Developer reserves the right to quote separately for any additional work needed. If Client uses Developer's Actinic templates along with other Actinic templates and CSS stylesheets which are not built by Developer, the overall page may not meet W3C CSS standards.
Developer tests sites and templates to ensure they comply with W3C HTML standards as they are at time of sale. Should updated W3C HTML guidelines be introduced after the site or templates were sold to the Client, Developer reserves the right to quote separately for any additional work needed. For Actinic templates, Actinic software needs to have Actinic specific coding tags within the templates for the site to work and these Actinic code tags do not comply with W3C HTML standards as they are not recognised, however this does not affect site functionality or display. If Client uses Developer's Actinic templates along with other Actinic templates which are not built by Developer, the templates not built by Developer may not meet W3C HTML standards.
Developer shall make every effort to ensure sites are designed to be viewed by the majority of visitors. Sites are designed to work with the main browsers Internet Explorer and Mozilla Firefox latest releases. New layouts are tested with older browsers to ensure as much compatibility as possible. Client agrees that Developer cannot guarantee correct functionality with all browser software across different operating systems.
Clients agree that after handover of files any updated software versions of the main browsers Internet Explorer and Mozilla Firefox, domain name setup changes or hosting setup changes thereafter may affect the functionality and display of their web site. As such, Developer reserves the right to quote for any work involved in changing the web site design or web site code for it to work with updated browser software, domain name or hosting changes.
Client agrees that more advanced applications on a web site page may require a newer browser version or Plugin.
9.PAYMENT TERMS
Prices are subject to change without notice.
For any work Developer requires a payment to be received in advance for the work being carried out and before handover of files, except where agreed at Developer's own discretion.
The Client chooses either to pay the full cost in one payment or split the cost into 2 payments to be agreed with the Developer. Should the cost be split into 2 payments then the first half of the payment is to be received before work commences and the second payment to be received when requested by Developer half-way through the project before commencement of further work.
Once the final payment has been received and the work finished, the files will be handed over to the Client or uploaded if included as part of a project.
once the produce has been beginning , the first payment will not be returned.
( Refund - not acceptable. )
Once an invoice is sent to the Client it must either be paid either by cheque made payable to "New age Multimedia" or postal order and sent with proof of posting to the Developer's main postal address, or paid online via Paypal secure online payment using a major credit card.
All invoices must be paid in full within 7 days of the invoice date, except where agreed at Developer's own discretion.
Developer reserves the right to decline further work on a project if there are invoices outstanding with the Client.
Client may request that the Developer cancel a project in writing by email or postal mail to Developer and the project is cancelled only if Developer confirms work has not been started on the project. If Developer has begun or completed the work and the Client no longer requires the files but have agreed to the work, they are still obliged to pay Developer for the work that has been carried out.
All invoices are submitted by email except where required otherwise by regulations or agreed at Developer's discretion.
Developer reserves the right to remove it's work for Client from the Internet if payments are not received.
10.LIABILITY AND WARRANTY DISCLAIMER
Developer provides their web site and the contents thereof on an "as is" basis and makes no warranties with regard to the site and it's contents, or fitness of services offered for a particular purpose. Developer cannot guarantee the functionality or operations of their web site or that it will be uninterrupted or error free, nor does it warrant that the contents are current, accurate or complete.
The Client agrees Developer is not liable for any bugs, performance issues or failure of their Actinic software as Actinic is provided by Actinic Software Ltd which is a separate company. Any bugs, performance issues or failure with the software will be directed to Actinic Software Ltd.
Developer endeavours to provide a web site within given delivery timescales to the best of it's ability. However, the Client agrees that Developer is not liable for any claims, losses, costs incurred or compensation due to any failure to carry out services within a given delivery timescale.
The Client agrees Developer is not liable for absence of service as a result of illness or holiday time. Developer has a third party associate who may be able to take on work should there be the need to.
The Client agrees Developer is not liable for any failure to carry out services for reasons beyond it's control including but not limited to acts of God, telecommunication problems, software failure, hardware failure, third party interference, Government, emergency on major scale or any social disturbance of extreme nature such as industrial strike, riot, terrorism and war or any act or omission of any third party services.
Developer is not liable for any consequences or financial losses such as, but not limited to, loss of business, profit, revenue, contract, data or potential savings, relating to services provided.
On handover of files from Developer to Client, the Client shall assume entire responsibility in ensuring that all files are functioning correctly before use.
Whilst every effort is made to make sure files are error free, Developer cannot guarantee that the display or functionality of the web design or the web site will be uninterrupted or error free. If after handover of files errors are found in code the Developer has created and the main browsers Internet Explorer and Mozilla Firefox, domain name setup and hosting setup are the same as when work began, then Developer can correct these errors for the Client free of charge.
If after handover of files errors are found in code the Developer has created and the main browsers Internet Explorer and Mozilla Firefox have released an updated software version, or the domain name setup or hosting setup has been changed, Developer can correct errors for the Client free of charge and reserves the right to quote separately for any additional work needed as a result of changes to the browser software, domain name setup or hosting setup.
Should Client goes into compulsory or involuntary liquidation or cannot pay its debts in the normal course of business, Developer reserves the right to cancel forthwith any projects and invoice Client for any work completed.
Developer shall have no liability to the Client or any third parties for any damages, including but not limited to, claims, losses, lost profits, lost savings, or other incidental, consequential, or special damages arising out of the operation of or inability to operate these web pages or web site, even if Developer has been advised of the possibility of such damages.
There are sometimes laws and taxes which affect Internet ecommerce. Client agrees that it is their responsibility to comply with such laws and will hold harmless, protect, and defend Developer and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the Client’s exercise of Internet ecommerce.
Developer may from time to time recommend to the Client that updates are needed to their site to comply with, including but not limited to, new legislations, software releases and web standards. Developer reserves the right to quote for any updates as separate work. Client agrees Developer is not liable for any failure to inform or impliment these updates to their site. Client agrees that it shall defend, indemnify, save and hold Developer harmless from any and all demands, liabilities, costs, losses and claims arising from omission to inform or impliment these updates.
11.INDEMNIFICATION
Client agrees to use all Developer services and facilities at their own risk and agree to defend, indemnify, save and hold Developer harmless from any and all demands, liabilities, costs, losses and claims including but not limited to attorney’s fees against Developer or it's associates that may arise directly or indirectly from any service provided or agreed to be provided or any product or service sold by the Client or its third parties. Client agrees this indemnification extends to all aspects of the project, including but not limited to web site content and choice of domain name.
Client also agrees to defend, indemnify and hold harmless Developer against any liabilities arising out of injury to person or property caused by any service provided or agreed to be provided or any product or service sold by the Client or third parties, including but not limited to, infringement of copyright, infringement of proprietary rights, misinformation, delivery of defective products or services which is harmful to any person, business, company or organisation.
12.NONDISCLOSURE
Developer and any third party associates agrees that, except if directed by the Client, it will not at any time during or after the term of this agreement disclose any confidential information. Likewise, the Client agrees that it will not convey any confidential information about Developer to another party.
13.PRIVACY POLICY
Developer and any third party associates shall use information provided by the Client in relation to this agreement in accordance with the Data Protection Act 1998 and also for the following purposes 1) to identify the Client in communications with them 2) to contact the Client from time to time to offer them services or products which may be of interest to or benefit the Client.
14.INTERPRETATION
Developer reserves the right to terminate a project with a Client at any time without prior notification if it finds the Client in breach of these terms and conditions. Developer shall be the sole arbiter in deciding what constitutes a breach. No refunds are given in such a situation.
This agreement shall be governed by the laws of Hong Kong Special Administrative Region (HKSAR) Government which shall claim venue and jurisdiction for any legal motion or claim arising from this agreement. This agreement is void where prohibited by law.
Where one or more terms of this contract are held to be void or unenforceable for whatever reason, any other terms of the contract not so held will remain valid and enforceable at law.
Any and all matters pursuant to this agreement are governed by Hong Kong Special Administrative Region (HKSAR) Government Law and are under exclusive jurisdiction of the Hong Kong Special Administrative Region (HKSAR) Government Courts.
Developer reserves the right to alter these Terms and Conditions at any time without prior notice, the latest terms and conditions can be found at the Developers web site at http://newage-hk.com/ws/index.php?option=com_content&task=view&id=65&Itemid=33 with a date of last update.
By accepting a quotation or making a payment of invoice to use the services supplied, the Client acknowledges to have read, understand, and accept the Terms and Conditions of this Agreement, and agrees to be legally binding by these Terms and Conditions.
Updated 27/08/2007. |
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Tel: +852-6803 9529
