WEB DEVELOPMENT POLICY
This Policy is with respect to the design and development of any web-related media, hereinafter referred to as the "Project." This Policy refers to iTec Web Solutions Inc., hereafter referred to as "iTec” and the commissioner of the Project, hereafter referred to as "Client." Whereas, iTec is a professional web design company of good standing; Whereas, Client wishes iTec to develop Project described more fully herein; and Whereas, iTec agrees to meet set requirements for Project; Now, therefore, in consideration of the foregoing premises and the mutual covenants hereinafter set forth and other valuable considerations, the parties hereto agree as follows:
The Client and iTec may disclose confidential information one to the other to facilitate work under this Policy. Such information shall be so identified in writing at the time of its transmittal, and shall be safeguarded and not disclosed to third parties by the receiving party. Confidential information shall not include information that:
- is already known to the party to which it is disclosed;
- is or becomes part of the public domain without breach of this Policy;
- is obtained from third parties, which have no obligations to keep confidential to the parties to this Policy.
DESCRIPTION OF WORK:
The Proposal will describe the Project that is required of iTec for the Client. Ongoing project changes, tweaking, add-ons, details and clarifications must be submitted by the Client in written format, and acknowledged by iTec in written format.
iTec agrees to deliver samples of design on dates as agreed upon in the Proposal. iTec will make every effort to meet agreed upon due dates. The Client should be aware that failure to submit required information or materials may cause subsequent delays in the production. Client delays could result in significant delays in delivery of finished work.
After the estimated due date, the project will be marked as complete if it meets all requirements outlined in the Proposal excluding those that require Client inputs and those inputs have not been delivered. The Client will be alloted a 6 week grace period to submit required content, after which iTec will be permitted to suspend the Project and bill Client for services. Should Client submit required content at a later date, it will be processed free of charge after Project has been paid in full.
If Client does not submit due payments or required inputs and/or content in order for us to complete the project, we reserve the right to repackage /rebrand and sell the project to another Client after 95 days after written request of due payment or required inputs and/or content.
FEES & ADDITIONAL SERVICES:
Changes in Client input or direction or excessive changes will be charged per task. Any work the Client wishes iTec to create, which is not specified in the Proposal and/or Invoice will be considered an additional service. Such work shall require a separate written agreement. If iTec deems work to be small enough, it will be billed as an additional service in the Project’s upcoming invoice.
Client is responsible for all necessary or optional sofware, module, extension and peripheral updates on projects that exceed 1 month.
3rd PARTY TECHNOLOGY, SOFTWARE & PERIPHERALS:
iTec will ensure that web-based projects and applications function properly across all major browsers and operating systems, although it is acceptable that visual elements may contain non-obstructive differences on different browser screens and/or computer monitors. If Client requests the installation of 3rd Party software, components or applications, iTec can no longer guarantee cross-browser compatibilty. Mobile compatibility is treated as an additional service.
iTec is not responsible for the following:
- server interruptions, slowness and/or failure if Client subscribes to a 3rd party web host
- any 3rd party software, encoders, decoders or peripherals that are used in conjuction with web devices, applications and/or media
- the quality of Client’s computer, monitor, speaker system, sound, camera, input & output devices
any 3rd party website and/or unrequested search engine activities connected to Client, project, or project‘s subject matter, unless requested by Client in a written agreement
ASSIGNMENT OF WORK:
iTec reserves the right to assign other designers or subcontractors to the Project to ensure quality and on-time completion.
RESERVATION OF RIGHTS:
All rights not expressly granted hereunder are reserved to iTec, including but not limited to all rights in sketches, comps, or other preliminary materials.
PERMISSIONS AND RELEASES:
The Client agrees to indemnify and hold harmless iTec against any and all claims, costs, and expenses, including attorney's fees, due to materials included in the Project at the request of the Client for which no copyright permission or previous release was requested or uses which exceed the uses allowed pursuant to a permission or release.
Either party may terminate this Policy by giving 3 days written notice to the other of such termination. In the event that the Project is postponed or terminated at the request of the Client, iTec shall have the right to bill pro rata for work completed through the date of that request, while reserving all rights under this Policy. If additional payment is due, this shall be payable within thirty days of the Client's written notification to stop work. In the event of termination, the Client shall also pay any expenses incurred by iTec and the iTec shall own all rights to the Project. The Client shall assume responsibility for all collection of legal fees necessitated by default in payment. The Client and iTec are independent parties and nothing in this Policy shall constitute either party as the employer, principal or partner of or joint venture with the other party. Neither the Client nor iTec has any authority to assume or create any obligation or liability, either express or implied, on behalf of the other.
WEBSITE MAINTENANCE + SECURITY
iTec will make every effort to ensure a secure platform that is standards compliant with up-to-date coding at project commencement. After project completion:
- Client is responsible for ensuring that all content management system and related software is up-to-date at all times to maintain a maximum level of security
- Client is responsible for maintaining full website back-ups as the contingency plan in the rare event of catastrophy, server failure or breach of security