Terms and Conditions
This Services Agreement (the "Agreement") contains the complete terms and conditions which govern your subscription of Web Design & Development and other Internet-related services provided by NetizenWorks Web Design Services (the "Services"). As used in this Agreement, "NetizenWorks" means NetizenWorks Web Design Services and "Client", "you", or "your" means you. You acknowledge that you have read the Agreement, and you agree to its terms and conditions and all policies posted on the NetizenWorks site. As referred to in this Agreement, "Site" refers to a World Wide Web site and " NetizenWorks Site" refers to the Site located at the URL https://netizenworks.com or any other successor Sites owned or maintained by NetizenWorks, including: https://netizenworks.com/terms-and-conditions.
The following terms and conditions apply to all website development & design services provided by NetizenWorks to the Client.
It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.
Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.
Charges for services to be provided by NetizenWorks are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 15 days. NetizenWorks reserves the right to alter or decline to provide a quotation after expiry of the 15 days.
Unless agreed otherwise with the Client, all website design services require an initial payment as noted on the quotation (depending on which option is selected) before the work is supplied to the Client for review.
Payment for services is due by bank transfer or PayPal. Payment details will be made available on invoices.
Web Design & Development:
Web design and development projects require extensive resources, consumes our time and incurs internal expenses. Therefore once a payment or deposit is made, it is non-refundable. Payments for custom design projects (i.e. custom logo designs and branding projects, full website designs, individual page mockups and smaller design components within a website, etc.) and custom development projects (i.e. WordPress CMS custom development, WordPress Plugin custom development, etc.) are made to us in increments as a courtesy to the client as well as discounted for those who agree to pay in full, but if a project gets canceled, delayed or postponed by the client, then all payments made will be retained by NetizenWorks and if applicable, an additional cost will be charged to the client for all work completed beyond what was already paid for shall be paid by the client. All projects that are completed as defined as the scope of the work are non-refundable.
When adding new text and/or content to a page the client is responsible for providing all text (in digital format) and images/photos. Unused hours do not roll over to subsequent months. No refunds are provided for unused hours. There are absolutely no refunds for any fees related to website maintenance services. Our annual support plans are dependent on the scope and size of a website and are quoted on an annual basis. Especially for websites that we did not initially build, website maintenance and upkeep require extensive upfront resources and time to learn the setup, framework and specifics of a new client's website, thus we require annual maintenance to be a paid in full yearly fee, unless determined otherwise.
All hosting payments whether present or past months are non-refundable. Web hosting accounts are set up from the date of your order and are allotted a limited amount of server resources depending on the plan you purchased.
If the client opens a hosting account but does not use it, payment will still be due. Hosting billing cycles continue until a cancellation notice is received in writing from the client in writing.
Unless otherwise provided, you agree that until and unless you notify NetizenWorks Web Design of your desire to cancel the web hosting services, you will be billed on an automatically recurring basis to prevent any disruption to your Services, using your credit card or other billing information on file with us.
Any invoice that is outstanding for more than fourteen (14) days may result in the suspension or termination of web hosting services. Access to the account will not be restored until payment has been received. If you fail to pay the fees as specified herein, NetizenWorks Web Design may suspend or terminate your account and pursue the collection costs incurred by NetizenWorks Web Design, including without limitation, any arbitration and legal fees, and reasonable attorneys’ fees. NetizenWorks Web Design will not activate new orders or activate new packages for customers who have an outstanding balance on their account.
NetizenWorks Web Design is not responsible for transferring websites to and from NetizenWorks's Web Design's web servers and reserves the right to charge for any web hosting transfer requests.
NetizenWorks will provide the Client with an opportunity to review the appearance and content of the website during the design phase to help aim it to the correct direction. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies NetizenWorks otherwise within ten (10) days of the date the website is made available to the Client.
Turnaround Time and Content Control
NetizenWorks will install and publicly post or supply the Client's website by the date specified in the project proposal, or at date agreed with Client upon NetizenWorks receiving initial payment, unless a delay is specifically requested by the Client and agreed by NetizenWorks.
In return, the Client agrees to delegate a single individual as a primary contact to aid NetizenWorks with progressing the project development in a satisfactory and expedient manner.
During the project, NetizenWorks will require the Client to provide the necessary website content; text, images, movies and sound files
Failure to provide required website content:
NetizenWorks is a small business, to remain efficient we must ensure that work we have programmed is carried out at the scheduled time. On occasions we may have to reject offers for other work and enquiries to ensure that your work is completed at the time arranged.
This is why we ask that you provide all the required information in advance. On any occasion where progress cannot be made with your website because we have not been given the required information in the agreed time frame, and we are delayed as result, we reserve the right to impose a surcharge.
If you agree to provide us with the required information and subsequently fail to do within two week of project commencement we reserve the right to close the project and the balance remaining becomes payable immediately.
NOTE: Text content should be delivered as a Microsoft Word, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website.
Invoices will be provided by NetizenWorks for payment. These are normally sent via email and paid through PayPal. Invoices are due upon receipt unless a grace-period is stated.
Client agrees to reimburse NetizenWorks for any additional expenses necessary for the completion of the work as the Client instructs. Examples would be purchase of special fonts, stock photography etc.
NetizenWorks makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Internet Explorer, Google Chrome, etc.). Client agrees that NetizenWorks cannot guarantee correct functionality with all browser software across different operating systems.
NetizenWorks cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website have been designed and handed over to the Client. As such, NetizenWorks 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.
Accounts unpaid thirty (25) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on NetizenWorks's Web space, NetizenWorks will, at its discretion, remove all such material from its web space. Although we will keep archive and records of client data for 6 months, NetizenWorks is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client's account.
Termination of services by the Client must be requested through our termination form and will be effective on receipt of such notice. The Client will be invoiced for work completed to the date of first notice of cancellation for payment in full within thirty (30) days.
All NetizenWorks services may be used for lawful purposes only. You agree to indemnify and hold NetizenWorks harmless from any claims resulting from your use of our service that damages you or any other party.
The Client retains the copyright to data, files and graphic logos provided by the Client, and grants NetizenWorks the rights to publish and use such material for the website. 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 NetizenWorks permission and rights for use of the same and agrees to indemnify and hold harmless NetizenWorks from any and all claims resulting from the Client's negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the Client to NetizenWorks that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
Standard Media Delivery
Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format (ASCII text files delivered via email, DropBox, our forms, or via e-mail or FTP) and that all photographs and other graphics will be provided in high quality print suitable for quality display or electronically in .gif, .jpeg, .png or .tiff format.
A link to NetizenWorks will appear in either small type or by a small graphic at the bottom of the Client's website with a link that directs to any page of our website: https://netizenworks.com. If a graphic is used, it will be designed to fit in with the overall site design. The Client also agrees that the website developed for the Client may be presented in NetizenWorks's portfolio.
Server Access Requirements
The website development process requires the website to be hosted on our server for 12 months, afterwards the website can be transferred to another server.
If the Client's website is to be installed on a third-party server, NetizenWorks must be granted temporary read/write access to the Client's storage directories which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.
NetizenWorks cannot accept responsibility for any alterations caused by a third party occurring to the Client's pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.
These Terms and Conditions supersede all previous representations, understandings or agreements. The Client's signature below or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.
NetizenWorks hereby excludes itself, its Employees and or Agents from all and any liability from:
- Loss or damage caused by any inaccuracy;
- Loss or damage caused by omission;
- Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site;
- Loss or damage to clients' artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.
The entire liability of NetizenWorks to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.
In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid.
Legal Name of Company: NETIZENWORKS WEB DESIGN SERVICES
Trade Name of Business: NETIZENWORKS - Web Design, SEO & Digital Marketing
Company Registration: DTI BN No. 1902214 | BIR TIN No. 312-278-396
Contact Person: Keith Ian Maguad
Place Of Registration: QUEZON CITY, Metro Manila, Philippines
Physical Address: 17, Fatimaville, Road 15, Project 8, Quezon City.
Operating Hours: Mon-Sat 9:00am to 5:00pm (GMT+8 Philippine Time)