General Work Terms and Client Responsibilities & Liabilities
Client Responsibilities and Liabilities: The client assumes full responsibility for supplying all site content, encompassing text and multimedia, to Xenimpress prior to the project's initiation.
The client bears sole responsibility for creating a thorough backup of all their website's content prior to authorizing Xenimpress to proceed with the agreed-upon work. Under any circumstances, Xenimpress shall not be held accountable for any loss or damage to existing data.
The contract relieves Xenimpress from any responsibilities related to data entry, web hosting, or custom artwork/graphics, unless these tasks are explicitly outlined, paid for, and mutually agreed upon by both parties. Any artwork, images, or text created or provided by Xenimpress on behalf of the client will be considered the property of Xenimpress and/or its suppliers, unless expressly stated and agreed upon otherwise.
The agreement absolves Xenimpress of any obligations regarding data entry, web hosting, or custom artwork/graphics unless these tasks are explicitly defined, compensated for, and mutually consented to by both parties. Any artwork, images, or text produced or supplied by Xenimpress on the client's behalf will be deemed the property of Xenimpress and/or its suppliers unless otherwise explicitly stated and mutually agreed upon.
Xenimpress will provide the client with the chance to evaluate the website's design and content throughout the design process and upon its completion. Xenimpress will anticipate feedback from the client for a duration of 7 days concerning the work and materials presented. In the event that the client does not offer a response within this timeframe, the materials will be deemed as accepted and approved by the client automatically.
The client retains the copyright to the data, files, and graphic logos they provide, and they grant Xenimpress the rights to publish and use this material. It is the client's responsibility to secure the required permissions and rights for the use of any copyrighted information or files owned by third parties. The client must also grant Xenimpress the necessary permissions and rights to utilize this material and agrees to indemnify and release Xenimpress from any claims that may arise due to the client's negligence or failure to obtain proper copyright permissions. The web design and/or placement contract serves as an assurance by the client to Xenimpress that all essential permissions and authorizations have been obtained. Proof of these permissions and authorizations may be requested.
Xenimpress will not take on responsibility for any alterations or modifications made to the client's website by the client or any third party once the website has been installed or deployed. These modifications could include additions, adjustments, deletions, or other changes. If any problems arise due to such modifications, Xenimpress may require a one-time web development fee to resolve and rectify these issues.
Payments
Xenimpress accepts payments via credit cards. Please be aware that we retain the right to decline payments made through any of these methods without prior notice. Additionally, we reserve the right to modify our prices and discontinue specific payment methods at any time without prior notification. If a customer cancels our service before its completion, a cancellation fee may be applied. This fee will be proportional to the work performed up to the point of cancellation. Failure to make payment for the cancellation fee and any outstanding amounts may result in legal action if deemed necessary.
Our project progresses through multiple stages, and the start of the next stage depends on receiving the agreed-upon payments for the previous stage. After completing our service, the website will be uploaded to the customer area of the server for your review and approval. Once you grant your approval, the website will be transferred to the destination server, where it will be hosted. It's important to note that Xenimpress reserves the right to postpone the website upload until we have received full payment for our services. All the code and materials developed during the project will be transferred to you upon the project's completion and your final approval. Ownership of the code will be transferred to you once the final payments have been settled.
Support and 3rd-Party
Upon the launch of your website, we offer free support for the initial month. After this initial one-month period, we provide tailored support packages designed to suit your specific requirements, with various pricing options available. Choosing a higher-tier support package may also grant you access to appealing discounts. Please be aware that our support services encompass bug fixes and email support but do not extend to matters concerning website architecture, rule modifications, or add-ons/enhancements.
The client is fully responsible for any third-party support, products, or services utilized or integrated into the site, including aspects related to licensing, payment, copyright, and similar considerations. The client must independently arrange and secure such services or may choose to delegate this responsibility to Xenimpress, provided they make pre-payment for the associated expenses. Please note that the fees charged by Xenimpress do not include any out-of-pocket costs or reimbursements related to third-party products or services.
Xenimpress does not provide any assurances or warranties regarding the accuracy or performance of third-party products or services. Any warranties or guarantees concerning such third-party products or services should be pursued directly with the respective providers.
Xenimpress does not include upgrades of third-party products or services as part of the project's scope. Any upgrades or updates to these third-party products or services will be considered separate tasks and may necessitate modifications to the project's timeline and cost, as determined by Xenimpress.
Re-work, Enhancements/Add-ons and Billing
Any additional features or modifications to the project scope that were not initially included will be evaluated through a Change Management process, and they may involve additional fees. Changes to the project scope after the wireframe sign-off stage may lead to additional costs and timeline adjustments. These changes will be discussed and mutually agreed upon by both parties before they are implemented.
While we make every effort to accommodate most changes within the site's budget, certain modifications are categorized as enhancements or add-ons to the system and may incur additional charges. We will inform you in advance if any such items require work and are chargeable.
Any client requests for rework, changes, or adjustments after approval and/or after moving to the next stages of the project process will be considered additional work and may incur extra charges. These changes will be discussed and agreed upon before implementation.
The client is obligated to make payments to Xenimpress in their entirety, without any deductions, discounts, or debt settlements, by the agreed-upon due dates.
Limitations of Liability
Xenimpress will apply reasonable skill and care in providing the Service. However, we do not make any representations and disclaim any warranties, whether expressed or implied, regarding the availability, quality, accuracy, timeliness, completeness, performance, or fitness of the Service.
Xenimpress hereby absolves itself, its employees, and agents from any responsibility for losses or damages arising from inaccuracies, omissions, delays, or errors in the production of the website, regardless of whether they result from negligence or other factors. We also deny any responsibility for the loss or damage of client-provided artwork, photos, data, or content intended for the site, regardless of whether the loss or damage occurs due to negligence or other factors.
Except in cases of death or personal injury resulting from our negligent acts or omissions, we shall not be held liable for any damages, whether arising in contract, tort, or any other legal theory, related to losses or damages stemming from this Agreement or the operation of the Service. We will not be responsible for any direct, indirect, or consequential damages in contract or tort, including but not limited to loss of profit, loss or damage to property, or claims made by third parties.
Xenimpress cannot provide guarantees for the services offered by third-party organizations, and we will not be held accountable for any service failures caused by third parties.
Approvals and Delivery
The project will consist of multiple stages, and the initiation of work on the following stage will only begin once approval and the corresponding payments for the preceding stage, as outlined in our agreement, have been received.
Upon the completion of the service, which includes website design and/or development, the website will initially be uploaded to the Customer area on Xenimpress's server for the Client's review and approval. After receiving the Client's approval, the website will be transferred to the destination server where it will be hosted. It's important to note that Xenimpress retains the right to delay the website upload until full payment has been received.
All code and materials created throughout the project will be handed over to the client upon the project's completion and after obtaining all the required sign-offs. The ownership of the code will be transferred to the client once the final payments have been received.
Xenimpress retains the right to showcase and utilize the completed work and/or the final deployed product or website as references for potential clients. In cases where the client wishes to restrict such publication, the client must notify Xenimpress in advance and obtain the necessary approvals for these restrictions.
Timescale
Xenimpress will make every effort to complete all services within the agreed-upon timeframe. The timeline will begin upon receipt of both the agreed deposit and all website content from the Customer.
Xenimpress may need to extend project timescales in cases where circumstances beyond its control necessitate such an extension.
Miscellaneous
Xenimpress will not be held liable for any loss or damage resulting from your use of our services. If you are not satisfied with our website or services, you have the option to discontinue using or accessing our website at any time. These terms and conditions are governed by state laws and constitute an agreement between you and Xenimpress. By accepting these terms, you agree that any legal action arising from the Terms of Use will be heard in the appropriate court. We reserve the right to terminate any of the rights granted by these Terms of Use, and you must comply with any termination notice by discontinuing the use of our website. We are not obligated to review any information, content, messages, or communication materials sent to or through the website by users, and we assume no responsibility or liability related to such messages, information, or content.
Changes to Terms of Use
We retain the right to add, modify, amend, or remove any part or the entirety of these Terms at any time, with or without prior notice to you. We recommend that you regularly check these Terms for any revisions. Your ongoing use of our website or services indicates your acceptance of the revised Terms.
How To Contact Us
If you have any queries or feedback for our Website or Services, you can email us at: support@nonarchagency.com.