The following terms and conditions apply to all website development / design services provided by Packsat LLC to the Client.
Acceptance
It is not necessary for a client to have signed an acceptance of these terms of agreement for them to apply. On acceptance of a quote, a client will be deemed to have read and accepted all applicable 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
Charges for services to be provided by Packsat LLC are defined in the project quotation which the Client shall receive via e-mail. Quotations are valid for a period of 30 days. Packsat LLC reserves the right to alter or decline to provide a quotation on expiration of the 30 days.
Unless agreed otherwise with the Client, all website design services require an advance payment of a minimum of 40 percent (40%) of the project quotation total before project execution. A second charge of thirty (30%) percent is required after the development Phase (after initial review of the progress so far was successful and approved by the client). The remaining thirty (30%) percent of the project quotation total is due upon completion of the work, after upload to the server but prior to release of materials (Login details, Source files and more).
Preferred payment methods will be made known to clients.
Client Review
Packsat LLC will afford the Client an opportunity to review the appearance and content of the website (and/or App) twice, namely; during the design phase and upon completion of the overall development of the website (and/or App), just before the final payment installment is made. Upon completion of the project, and approval of its content and design by the client, the project will be marked as successfully completed to the client’s specification and satisfaction. The Client however has 14days from the date the project was delivered to request for additional modification and content upload.
Turnaround Time and Content Control
Packsat LLC will install and publicly post or supply the Client’s website by the date specified in the project proposal, or at an agreed date upon Packsat LLC receiving initial payment, unless a delay is specifically requested by the Client and accepted by Packsat LLC.
In return, the Client agrees to delegate a single individual as a primary contact to aid Packsat LLC with progressing the commission in a satisfactory and expedient manner.
During the project, Packsat LLC will require the Client to provide website content; text, images, videos, sound files and more.
Failure to provide required website content:
Being a small business, Packsat LLC must ensure that scheduled work/projects are carried out as at when due. Sometimes, we may reject offers from prospective clients to enable us concentrate on your work and ensure it is completed and delivered as scheduled. This will enable us to remain efficient in our delivery.
This is why we ask that you provide all the required information in advance. On any occasion where progress cannot be made on your project because we have not been given the required information in the agreed time frame, and we are delayed as a result, we reserve the right to impose a surcharge of up to 25%. If your project involves Search Engine Optimization, we need the text content for your website/article in advance so that the SEO can be planned and completed efficiently.
If you agree to provide us with the required information and subsequently fail to do so within one week of project commencement, we reserve the right to close the project and the balance remaining becomes payable immediately. Simply put, all the above condition says is do not give us the go ahead to start until you are ready to do so.
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. These pages should have the same titles as the agreed website pages.
Payment
Invoices will be provided by Packsat LLC upon project completion but prior to publishing and live hosting of the website/App. Invoices will be delivered to the client via email. Invoices are due upon receipt. Accounts that remain unpaid thirty (30) days after the date of the invoice will be assessed a service charge in the amount of the higher of one-half percent (1.5%) or $50 per month of the total amount due.
Additional Expenses
Client agrees to reimburse Packsat LLC for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography, plugins, Themes etc.
Web Browsers
Packsat LLC do make concrete effort to ensure websites are designed to be viewed by the majority of visitors. This means that our websites are designed to work with recent versions of the most popular web browsers (e.g. Firefox, Internet Explorer 8 & 9, Google Chrome, Safari etc.). Client accepts that Packsat LLC cannot guarantee full (100%) compatibility with all browser software across different operating systems.
Packsat LLC 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, Packsat LLC reserves the right to quote for any work involved in changing the website design and/or codes to enable it work with updated browser software.
Default
Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on Packsat LLC ‘s Web space, Packsat LLC will, at its discretion, remove all such material from its web space. Packsat LLC is not responsible for any loss of data suffered 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. Cheques returned for insufficient funds will be assessed a return charge of $40 and the Client’s account will immediately be considered to be in default until full payment is received. Clients with accounts in default agree to pay Packsat LLC reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Packsat LLC in enforcing these Terms and Conditions.
Termination
Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. E-mail or Telephone requests for termination of services will not be honored until and unless confirmed in writing. The Client will be invoiced for design/development work completed to the date of first notice of cancellation for payment in full within thirty (30) days.
Indemnity
All Packsat LLC services may be used for lawful purposes only. You agree to indemnify and hold Packsat LLC harmless from any claims resulting from your use of our service that damages you or any other party.
Copyright
The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Packsat LLC the rights to publish and use such material. The Client must obtain proper permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting Packsat LLC permission and rights for use of the same and agrees to indemnify and hold harmless Packsat LLC 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 Packsat LLC 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 texts content will be provided by the Client in electronic format (ASCII text files delivered via removable storage facilities or via e-mail or FTP) and that all photographs and other graphics will be provided electronically in .gif, .jpeg, .png .svg, or .tiff format, Photoshop file, Adobe Illustrator file.
Design Credit
A link to Packsat LLC’s official website 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, a nominal fee of 10% of the total development charges will be applied. When total development charges are less than $5000, a fixed fee of $500 will be applied. The Client also agrees that the website developed for the Client may be presented in Packsat LLC’s portfolio.
Access Requirements
If the Client’s website is to be installed on a third-party server, Packsat LLC must be granted temporary read/write access to the Client’s storage directories which must be accessible via FTP or directly via the server’s admin dashboard. Depending on the specific nature of the project, other resources might also need to be configured on the server.
Post-Placement Alterations
Packsat LLC cannot accept responsibility for any alterations caused by a third party on pages of websites already completed, published and delivered. Such alterations include, but are not limited to additions, modifications, deletions or break in site’s layout.
Domain Names
Packsat LLC may purchase domain names on behalf of the Client. Payment and renewal of those domain names is the responsibility of the Client. Packsat LLC shall not be liable in the event of loss, cancellation or otherwise of such domain names for any reason, including; non or late payment. The Client should keep a record of the due dates to ensure that payments are made as and when due and received on time by the third-party.
General
These Terms and Conditions supersedes 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.
Governing Law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Daleware.
Liability
Packsat LLC 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/Application;
- Loss or damage to clients’ artwork/photos, supplied for the project. Immaterial whether the loss or damage results from negligence or otherwise.
The entire liability of Packsat LLC 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.
Severability
In the event 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 will to a great extent satisfy the interest of the parties.
