Definitions
The following Terms and Conditions document is a legal agreement between “Bayatech” and “the Client” for the purposes of business. These Terms and Conditions set forth the provisions under which the Client may use the services supplied.
Project Acceptance
At the time of proposal, Bayatech will provide the customer with a written estimate or quotation by post or email as requested.
A copy of the written estimate or quotation is to be signed and dated by the client to indicate acceptance and should be returned to Bayatech by email or post. Alternatively, the client may send an official order in reply to the estimate or quotation which binds the client to accept Bayatech terms and conditions. No work on a project will commence until either document has been received by Bayatech.
Deposit, Payment, Refund and Cancellation
A 50% deposit of the total fee payable under our proposal is due immediately upon you instructing us to proceed with any project work. The remaining 50% shall become due when the work is completed to your reasonable satisfaction but subject to the terms of the “approval of work” and “rejected work” clauses. 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.
Copyright Material
The Client retains the copyright to data, files and print provided by the Client, and grants Bayatech the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting Bayatech permission and rights for use of the same and agrees to indemnify and hold Bayatech harmless from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. A contract for any of our services shall be regarded as a guarantee by the Client to Bayatech that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested from us.
Providing Material
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 content, images 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.
Project Delays And Client Liability
Any time frames or estimates that we give are contingent upon your full co-operation and complete and final. During development there is a certain amount of feedback required in order to progress to subsequent phases. It is required that 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.
Consequential Loss
Bayatech 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.
Revision
We are pleased to offer you the opportunity to make revisions. However, we have the right to limit the number of design proposals to a reasonable amount and may charge for additional designs if you make a change to the original design specification.
Our website development phase is flexible and allows certain variations to the original specification. However any major deviation from the specification will be charged prices vary depending on whats needs to be done.
Additional Expenses
Client agrees to reimburse Bayatech for any additional expenses necessary for the completion of the work.
Standard Media Delivery
For websites Bayatech will email a link to the demo site for you the client will be able to review and ask for any changes to be made such as color, content, structure, images etc… until final approval. After final approval you the client is subjected to make final payment. After final payment is received the project is marked as complete, the live website will be published and the source files and full copyright status is transfered from Bayatech to the client.
For any design work Bayatech will email the client with samples which may be watermarked. You the client will be able to review the project and be able to ask for different concepts, changes and revisions until final approval. After final approval you the client is subjected to make final payment. After final payment is received the source files and full copyright status is transfered from Bayatech to the client.
Changes And Updates After Completed Project
After the website has been completed you the client gets 1 year of free website content changes. A request for changes to be made to website content can be sent by email. You the client will have to provide us with the new content to be added on site our we will have to charge for new content on a per word pricing. For new software features to be added on site you will be charged pricing vary.
Subcontracting
We reserve the right to subcontract any services that we have agreed to perform for you as we see fit.
Domain Name and Web hosting
Bayatech may purchase domain names on behalf of the Client from a third party domain provider. Payment and renewal of those domain names is the responsibility of the Client. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of Bayatech. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.
Bayatech uses third party website hosting services to host our clients websites, no guarantees can be made as to the availability or interruption of this service. Bayatech cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss.
Website Design Credit
A link to Bayatech will appear in either small type or by a small graphic at the bottom of the Client’s website. If a graphic is used, it will be designed to fit in with the overall site design. If a client requests that the design credit be removed at no additional cost. The Client also agrees that the website developed for the Client may be presented in Bayatech portfolio and be used on social media.
Web Standards
The Bayatech shall make every effort to ensure sites are designed to be viewed by the majority of visitors. Sites are designed to work with the standard development platform, which includes recent versions of the main browsers, Internet Explorer and Mozilla Firefox. The Client agrees that the Bayatech cannot guarantee correct functionality with all browser software across different operating systems.
Bayatech do not guarantee compatibility on any device or browser, we strive to build our websites to be compatible with the most common modern browsers including the latest versions of Firefox, Google Chrome, and Internet Explorer version 8 and above. We also test our themes on various mobile, tablet, and desktop devices.
Any updated software versions of the Internet browsers detailed in the standard development platform, including the browsers Internet Explorer and Mozilla Firefox, domain name set-up changes or hosting set-up changes thereafter may affect the functionality and display of their website. As such, Bayatech reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software, domain name or hosting changes.
Liability and Warranty Disclaimer
Bayatech provides their website and the contents thereof on an ‘as is’ basis and makes no warranties with regard to the site and its contents, or fitness of services offered for a particular purpose. The Bayatech cannot guarantee the functionality or operations of their website or that it will be uninterrupted or error free, nor does it warrant that the contents are current, accurate or complete.