Not to bore and confuse you with legal-speak and techno jargons in a lengthy agreement, we have decided to break things down in a blunt and simple language to avoid second-guessing and dispute in the future.
We call it our Rules of Engagement. It will serve as an agreement or terms and conditions and it becomes effective the date you make payment for the work to begin.
That said, if there are things you still don’t understand or don’t agree with, please send us an email to clarify before ordering for any of our services.
You already know that when we use “WE” or “OUR” or “US”, we are referring to ourselves KLEVA DESIGNS and when we use “YOU” or “YOUR”, we are, of course, referring to you the CLIENT.
It is very, very important that you take your time to go through these rules to avoid any problems in future.
1. OUR RESPONSIBILITIES
1.01 When you hire us to design or develop a website for you, our deliverables will be captured in a document titled “Acceptance Checklist” and sometimes the process will be described in a document titled “Process Map” to demonstrate that we understand your website design project.
1.02 Before starting the project, we will let you know how long it will take to complete. This shall be contained in a document titled, “Estimated Project Duration.”
1.03 All references to “days” in the “Estimated Project Duration.” mean “Business Days.” And we define business days as Mondays to Fridays, excluding public holidays. It will start counting the day you make payment.
1.04 While your website is being designed and developed, we will put it offline until work is completed.
1.05 We will design and display a “Coming Soon” page on your website’s home page until the work is completed.
1.06 We will send you “Progress Report” every three (3) days on the statuses of our deliverables. The report will be in PDF and it will be sent via email.
1.07 We will welcome and consider requests for changes to this Rules of Engagement or to the deliverables in the Acceptance Checklist only when a written change request is made by you via email. The changes will become effective when we agree to it in writing and sent via email.
1.08 We will notify you of any unforeseen factor, occurrence, or event that may affect our ability to meet the deliverables in the Acceptance Checklist, or that is likely to cause a delay in the turnaround time.
1.09 We will do our best to design your website to highest professional standard.
1.10 We will not hide any illegal link, text, or graphics in your website.
1.11 Throughout the building of your website, we will grant you access to the back-end of the website so you can monitor and confirm our work progress.
1.12 Upon completion of the website by us and its approval by you and balance paid, or upon termination of this relationship, whichever occurs earlier, we will deliver to you via email all code, documentation, administrative login details, reports and other materials developed by us in the course of fulfilling our responsibilities and any other items reasonably necessary for the operation of your website (other than third party operating system software, third party networking software, web browsers and hardware).
1.13 We will implement any changes you request after the completion of the website within two business days, except in the case where the change requested will naturally take longer.
1.14 We will start working on your project within two working days after the advance payment is made.
1.15 We will register your website on a third-party server for a year, after that you can renew it.
1.16 We will create an email address on your behalf to use in completion of our deliverables.
1.17 We will provide free support for your website for the period stated in the Acceptance Checklist. After that if you want us to continue maintaining your website, you must subscribe to our website maintenance service.
1.18 We define support as updating the basic website infrastructures under our control, security patches, bug and error fixes, correction of information, and up-time monitoring.
1.19 We accept seventy per cent (70%) advance payment and thirty per cent (30%) on completion of your website.
1.20 The free domain we promised in our website design packages cover various domain extensions except .ng, .net, .org, .biz, .info, .co, .name, and .tv. If you want any of the aforementioned extensions then you will have to pay an additional fee.
1.21 We only allow seven (7) revisions for logo design.
1.22 We do not allow reviews, comments, or evaluation of website design while still under construction. You may do so after we are done with the design.
1.23 We allow unlimited revision to the website design within 21 business days after first delivery.
1.24 We do not and cannot guarantee that your website will be not be hacked because of the security mechanisms we put in place on your website. No one can promise that. Any determined malicious person can breach any security infrastructure.
1.25 The free customized email addresses we promised will come from your hosting account via an email infrastructure called Webmail. We do not guarantee that emails sent from it will be delivered to recipients’ inbox neither do we guarantee that you will receive mails sent to the email addresses.
1.26 The free social media covers and company profile design we promised is a bonus and we only allow three (3) revisions.
1.27 Free support does NOT include designing of web pages or uploading of unlimited number of e-commerce products or information. To do that will attract an extra fee to be determined at our discretion.
1.28 For custom design or development, if due to market conditions, the cost of carrying out the job is higher than what was previously estimated, we will let you know and you reserve the right to either provide the funds or discontinue with our service.
1.29 We shall treat your project as confidential. After you have approved the final website, however, we may list you as our client and may include a link to or from your website.
2. YOUR RESPONSIBILITIES
2.01 You will supply us with the content we need to use to design and develop your website. By content we are referring to content such as your corporate profile and in some cases, your in-house images and graphics.
2.02 The content will only be accepted if sent via email or via link to cloud storage. And the files must be provided in HTML format, or text format, or Microsoft Word format or, if images, as GIF, JPEG, PNG or Photoshop files.
2.03 You will supply the complete content within seven business days or in worst case scenario, not later than fourteen business days.
2.04 You will pay future hosting and domain renewal fees when due and at the current price at that future time.
2.05 If there are additional information you want added or any changes made after the website is delivered, this will not stop the balance from being paid, as our “after-sales” free support will cover those changes.
2.06 You may call us via phone but only in cases of emergency as far as your website functionality is concerned. Our phone line will be open from 9:00AM to 6:00PM Nigerian time. Every other types of communication regarding things that will be implemented on your website shall be communicated via email.
2.07 You may schedule a Skype video or voice call or text chat or WhatsApp chat to have a discussion with us. After the discussion, we shall send you an email summary of what was discussed. The content of the email will be binding once you reply with an approval of the content of the email.
3.01 The total price for all of the work listed in the Acceptance Checklist (excluding fees to be paid to online payment processor and excluding post-approval add-ons requested by you) shall be stated in “Invoice” that will be sent to you email.
3.02 Completion of your project is defined as delivery of our deliverables up to the standard and quantity stated in the Acceptance Checklist.
3.03 You shall pay the thirty per cent (30%) balance not later than forty eight (48) hours after the completion and approval of your website. Late or incomplete payment will attract a penalty of 20% of the balance amount.
3.04 In the case that the thirty per cent (30%) balance is not paid after the completion and delivery of the website, we reserve the right to take your website off the internet until the balance and the penalty are paid in full.
3.05 If there is a dispute with regard to whether work was actually completed or whether an invoice is properly payable, the amount of the invoice in dispute shall not be due until the dispute is resolved.
3.06 This Rules of Engagement shall be effective as of the date down-payment was made and shall remain in force for a period covered by the free support, unless otherwise terminated as provided in this document.
3.07 Neither party shall be liable for any loss or delay resulting from any force majeure event, including acts of God, fire, natural disaster, labour stoppage, war or military hostilities, or inability of carriers to make scheduled deliveries, and any payment or delivery date shall be extended to the extent of any delay resulting from any force majeure event.
3.08 This Rules of Engagement shall not be modified or amended except in writing and sent via email by you or by us and specifically referring to this Rules of Engagement. This Rules of Engagement shall take precedence over any other documents which may be in conflict with it.
3.09 If one party is required or permitted to give notice to the other under this Rules, such notice shall be deemed given via email.
3.10 You may terminate any or all work outstanding, immediately upon written notice. Upon receipt of notice of such termination, we shall inform you of the extent to which performance has been completed and deliver to you whatever work product and deliverables have been done.
3.11 You shall pay us for all work performed through the date of receipt of notice of termination.
3.12 We may not terminate any work under this Rules without your prior written consent.
3.13 This Rules (agreement) may be terminated by either you or us upon seven (7) days written notice to the other party in the event of a breach of a material provision of this Rules by the other party, provided that, during the seven (7) days period, the breaching party fails to cure such breach.
3.14 The headings of these Rules are for convenience only and are not part of this Rules of Engagement.
3.15 We may modify, add, or delete portions of these Rules at any time. If we have made significant changes to these Rules, we will inform you via email and we will post a notice on our website for at least thirty (30) days after the changes are posted and will indicate at the bottom of this Rules the date of the last revision.
3.16 Any revisions to these Rules will become effective when posted unless otherwise provided. You agree to any modification to these Rules by continuing to use our services after the effective date of any such modification.
3.17 We reserve the right to modify, change, or discontinue any aspect of our services at any time.
3.18 If any provision or portion of any provision of this Rules is found to be illegal, invalid or unenforceable by a court of competent jurisdiction, the remaining provisions or portions (unless otherwise specified) thereof shall remain in full force and effect.
3.19 By making payment for the work to start, it means you agree to the “Acceptance Checklist”, “Process Map”, and “Estimated Project Duration”, and every other terms stated in this Rules of Engagement.
Last revision date: December 17, 2017