In the absence of a specific contract for your Web Site Design or Development project, this contract will apply.
20ksites is an initiative nurtured and developed to help individuals and small business showcase their products and/or services online via top quality websites designed & developed at highly affordable rates. 20ksites is owned and managed by Mr. Oluwadamilare Abiodun, as such, 20ksites as used in this binding document may refer to its owner.
20ksites will endeavor to operate in a fair and reasonable manner at all times and it is part of the initiatives ethos to ensure that a great relationship with clients is maintained. It is, however, important to agree to certain contractual aspects in order to protect both parties. By undertaking a Web site design project with 20ksites, you are agreeing to the following terms and conditions.
1. Relationship of the Parties
The parties intend that an independent contractor relationship will be created by this contract, and that no partnership, joint venture or employee/employer relationship is intended or implied.
2. Project Process
20ksites cannot always guarantee to start work immediately on a project but will try as much as possible to do so or arrange a date with the client as to when work can commence.
The project will be run according to 20ksites' Project Process. A simple guide to this process comprises of three (3) basic steps.
If 20ksites' basic requirement for project commencement has been met (payment of first installment) then 20ksites will commence work at once, provided you supply the following:
- Fill the website design questionnaire provided at 20ksites.com/#questionnaire.
- Final data, information, logos, designs, graphic and related materials to be incorporated into the Web solution ready for publication, prior to the design call. This is applicable if you have indicated that these materials will be provided by you.
- Pay the 50% deposit prior to the design call
- Where applicable comply with all the terms of 20ksites
- Should you decide to make design changes once the concept has been signed off, 20ksites may quote for an additional charge.
During the Website Development Cycle, 20ksites may at intervals open up versions of the client’s Web site so that the client may view and comment upon the Web site’s progress, and approve design concepts and prototypes. When both 20ksites and the client agree that the Website meets the criteria agreed during the projecting process, 20ksites will invoice the client for the remainder of the amount due for the project. At 20ksites' discretion, 20ksites may choose to delay publishing some clients Websites until full payment for the Web design project has been received.
3. Acceptance Testing
You will conduct the acceptance tests on the deliverables within 1 week of installation to ensure that they perform in accordance with the proposal. If a deliverable does not pass the acceptance test, the failure will be corrected. You will then repeat the acceptance test. Such processes shall continue until the relevant deliverable passes the acceptance test.
If during the project process you request additional or changed functionality/content from the deliverables outlined in the specification or proposal, then 20ksites will provide a time plus materials quote which will be in addition to the cost of the Web project.
The Web Solution will be designed and tested to operate on different devices, mobile or PC.
All material, both text and images, supplied by the client and used in the construction of the client’s Web site, will remain the client’s property. All such material will be assumed to be the property of the client and free to use without fear of breach of copyright laws.
The copyright for all material provided by 20ksites, such as HTML code, graphics, photographs and text, but excluding software code, will remain the property of 20ksites until such time as 20ksites receives full payment, whereupon they will become the property of the client.
All software code provided as a part of the Web site will remain at all times the property of 20ksites. The client will not be granted any license to the software code and as such may not sell or redistribute the software code. The client will be given access to the source code and may take the code to another developer for purposes of maintaining or extending the system but such a developer may need to get his/her own license for such software codes.
The parties acknowledge that 20ksites may accept jobs from other clients to develop Web solutions with the same or similar functionality to the Web solution, and that 20ksites may replicate and exploit all techniques, structures, designs and individual modules of program code used in the creation of the Web solution.
7. Terms of Payment
An invoice for 50% of the price for the project will be provided on acceptance of 20ksites proposal as displayed on www.20ksites.com. This invoice must be paid before the project can commence.
Once the project is complete and approved by the client the final 50% will be invoiced. Payment for this invoice shall be made within 3 days of the date of issue of the invoice unless otherwise arranged.
If you are responsible for withholding information for completion, the Web site is then deemed payable in full after 14days from initial start date.
If 20ksites is forced to hand your account over to a debt collection agency for collection you will be liable for any collection costs incurred.
20ksites provides maintenance services for its clients; however any maintenance or updates are outside the scope of the design project except for clients who choose the initial 2year web hosting option stated at www.20ksites.com. When updates by other clients are required, 20ksites will provide time and materials based quotes for this work. If a Web site development agreement has been signed then clauses relating to support services will be applicable.
8. Validity of the Agreement
Either party may terminate the agreement on 7 working days’ written notice to the other party. 20ksites may as well terminate the agreement via email.
20ksites reserves the right to cease immediately without liability to provide the service and to terminate this agreement if you should go into liquidation or bankruptcy, or if you fail to meet any obligation in accordance with this agreement.
If at any point during the Web Site Development Cycle a client wishes to cancel, they may do so but will be invoiced an amount that 20ksites judges to be proportional to the amount of work completed on the project.
If the total amount of work completed equals less than the 50% deposit paid by the client, 20ksites will refund the portion of payment not used. If the total amount of work completed is more than the first 50% invoiced, 20ksites has the right to invoice the extra hours completed.
9. Assignment and Delegation
20ksites may assign or transfer our rights and responsibilities under this contract to another party.
20ksites may also subcontract the performance of any of our responsibilities under this contract to another party.
You may not assign or transfer any of your rights or responsibilities under this contract to anyone else without our prior written consent.
You agree that 20ksites will not be liable for any indirect or consequential damages, including but not limited to, loss of profits or for any claim made on the client by any other party, even though 20ksites may have been notified of such damage or claims.
We shall not be liable to you for any loss or damage directly or indirectly arising out of or in connection with any delay in delivery of the goods or failure to perform its obligations under this agreement where such delay is caused directly or indirectly by an act of God, armed conflict, labor dispute, civil commotion, intervention of a government, inability to obtain labor, materials or manufacturing facilities, accidents, interruptions of or delay in transportation or any other cause beyond our control.
You agree to defend, indemnify and hold 20ksites harmless from and against any and all claims, losses, liabilities and expenses (including attorneys’ fees) related to or arising out of the services provided by us to you under this agreement, including without limitation claims made by third parties (including your customers) related to any false advertising claims, liability claims for products or services sold by you, claims for patent, copyright or trademark infringement, claims due to disruption or malfunction of services provided hereunder (including malfunction of Web site/Software or Internet), or for any content submitted by you for publication by 20ksites.
If, despite the other provisions of this agreement, 20ksites is found to be liable to you then its liability for any single event or series of related events is limited to the fees.
Due to the public nature of the Internet, all material submitted by you or used in your behalf for publication will be considered publicly accessible. 20ksites does not screen in advance customer material submitted to or used by 20ksites for publication. 20ksites' publication of material submitted by customers does not create any express or implied approval by 20ksites of such material, nor does it indicate that such material complies with the terms of this agreement.
11. Applicable Law
This agreement shall be deemed to be an agreement made in Nigeria and shall be subject to, governed by and interpreted in accordance with the laws of the Federal Republic of Nigeria.
12. Non Waiver
Failure by any party to enforce any right or obligation with respect to any matter arising in connection with this contract shall not constitute a waiver as to that matter or any other matter either then or in the future. Any waiver of any right or obligation under this contract shall only be of any force and effect if such waiver is in writing and is expressly stated to be a waiver of a specified right or obligation under this contract.