Main Line: (416) 554–8327
Support Line: (416) 701–3799
2300 Lawrence Ave. E, Suite 73044
Scarborough, Ontario, Canada - M1P 2R2
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  TO THE POINT TECHNOLOGY WEB DESIGN TERMS & CONDITIONS AND SERVICE AGREEMENT

 

1. STANDARD TERMS AND CONDITIONS

This Web Design Agreement (this “Agreement”) is entered into by and between To The Point Technology.com, a liability company ("To The Point Technology") and you, and is made effective as of the date of electronic acceptance. This Agreement sets forth the terms and conditions of your use of To The Point Technology’s Web Design services (the ”Existing” or “New Development”), and represents the entire agreement between you (the “Client”) and To The Point Technology concerning the subject matter hereof. 

Your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, along with our Web Design Service Agreement which is incorporated herein by this reference, and any other agreements or policies that are expressly incorporated herein

2. PAYMENT AND DEPOSITS

A 50% deposit of the total invoiced amount payable under our proposal is due immediately to initiate the production process. The remaining 50% will be due on completion of the web design to your reasonable satisfaction but subject to the terms of the “approval of work” and “rejected work” clauses. We reserve the right not to commence any work until the deposit has been paid in full.

(a) The 50% deposit is only refundable within the cancellation period, (24hrs) after payment is made.

(b) If To The Point Technology has not fulfilled our obligations to deliver the work specified, utilizing your submitted content in accordance with the agreement.

(c) The deposit is not refundable if the development work has been started and you terminate the contract through no fault of To The Point Technology.

On successful and satisfactory completion of the client’s Web Design, the outstanding 50% balance is due and must be paid in full for the successful release and public website publishing. 

3. SUPPLY OF MATERIALS

Client’s must supply all materials and any specified instructed information required (content) by us to complete the work in accordance with this agreement. Such materials may include, but are not limited to, photographs, written copy, logos and other printed material. If there is a delay in supplying content required, the materials to us which leads to a delay in completion of work specified, we reserve the right to extend any previously agreed proof date  or deadlines by a reasonable amount. In the event of the client’s failure to supply content or materials, which prevents the progress of the web design project, Clients will be invoices for any of the work already completed.

4. VARIATIONS

To The Point Technology is pleased to offer you the opportunity to make continuous revisions throughout the development process. However, we have the right to streamline the development process, setting design milestones of the process. Layouts include structure, navigation, advertising, animations, modules, photos, forms and text, etc. To The Point Technology’s design process is flexible and allow for certain changes to the original specifications, However, changing passed or completed milestone or any major deviation from original specification “ref. Web Assessment Form” will be treated as an additional scope element or task that will be charged separately, at regular web design rates $150 per hour. (Ref “Web Assessment Form” for specification.)

5. PROJECT DELAYS AND CLIENT LIABILITY

Any time frames or estimated publishing deadline to which To The Point Technology agrees or gives are contingent upon your full co-operation and complete and final content milestone. During development there is a certain amount of feedback required so in order for development to progress changes will be focused on present milestones and not on previous task. It is important that a single point of contact be appointed from client’s side and lines of communication be established “phone call” or “ email” in order to expedite the feedback process.

6. APPROVAL OF WORK

The last phase of the development process is that of the “Website Polishing” which is a final critique of the project in completion. Client’s will be notified and have the opportunity to review the completed project, before public publishing. You must notify us in writing of any unsatisfactory points in bullet form within 24hrs of such notification. If there is no feedback with the 24hr review period it will be deemed that the project is approved satisfactory. Once approved, or deemed approved, work cannot subsequently be rejected and the contract will be deemed to have been completed and the 50% balance of the project price will become due.

7. REJECTED WORK

Client’s be mindful that development is all done to your specifications, from your input of personal choice and preferences and your step-by-step contribution to each milestone and “Web Assessment Form”. If you reject any of our work within the 24hr review period, or not approve subsequent work performed. To The Point Technology is reasonable so to remedy any points recorded as being unsatisfactory, will be rectify and made satisfactory. However  all considering if you have been unreasonable in any rejection of the project, To The Point Technology reserve the right to reject your opinion and elect to treat this contract as at an end and take measures to recover payment for the outstanding balance owing on the completed project.

8. WARRANTY BY YOU AS TO OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS

You must obtain all necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names and trademarks, or any other material that you supply to us to include in your website or web applications.

You must indemnify us and hold us harmless from any claims or legal actions related to the content you ‘client submitted for the development of your website.

9. LICENSING

Once you have paid us in full for your “Web Design” project To The Point Technology grant to you a license to use the website and its related software and contents for the life of the website.

10. SEARCH ENGINES

To The Point Technology will guarantee search engine position if you client’s is marketing an original product or service. We do not guarantee any specific position in search engine results for your website if the product of service is not original. Standard development includes basic search engine optimization according to current best practices.

11. CONSEQUENTIAL LOSS

To The Point Technology shall not be liable for any loss or damage which you may suffer which is in any way attributable to any delay in performance or completion of our contract, however that delay arises.

12. DISCLAIMER

To the full extent permitted by law, all terms, conditions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise (other than the express provisions of these terms and conditions) relating in any way to the services To The Point Technology provide to client’s are excluded. Without limiting the above, to the extent permitted by law, any liability of To The Point Technology under any term, condition, warranty or representation that by law cannot be excluded is, where permitted by law, limited at our option to the replacement, re-repair or re-supply of the services or the payment of the cost of the services that we were contracted to perform.

13. SUBCONTRACTING

To The Point Technology reserve the right to subcontract any services that we have agreed to perform for client’s as is necessary or seen fit.

14. NON-DISCLOSURE

To The Point Technology and any subcontractors we engage agree that we will not at any time disclose any of your confidential information to any third party, or use for any personal activity.

15. ADDITIONAL EXPENSES

Client’s agree to reimburse To The Point Technology for any requested expenses which do not form part of our proposal including but not limited to the purchase of templates, modules, third party software, stock photographs, fonts, domain name registration, web hosting or comparable expenses.

16. BACKUPS

Client’s are responsible for maintaining your own personal backups with respect to your website and To The Point Technology will not be liable for restoring any client data or client websites except to the extent that such data loss arises out of a negligent act or omission by us, unless To The Point Technology is contracted for either “Web Hosting” or “Web Maintenance”.

17. OWNERSHIP OF DOMAIN NAMES AND WEB HOSTING

To The Point Technology will supply to client’s account credentials for domain name registration and/or web hosting that is provided as require on your behalf when client’s reimburse the company for any expenses that we have incurred.

18. GOVERNING LAW

The agreement constituted by these terms and conditions and any proposal will be construed according to and is governed by the laws of Ontario, Canada or CIRA. You and To The Point Technology submit to the non-exclusive jurisdiction of the courts in and of Ontario, Canada in relation to any dispute arising under these terms and conditions or in relation to any services To The Point Technology performs for it’s client’s.

19. CROSS BROWSER COMPATIBILITY

By using current versions of well supported content management systems such as “Joomla” & “Wordpress”, To The Point Technology endeavour to ensure that the websites create are compatible with all current modern web browsers such as the most recent versions of Internet Explorer, Firefox, Google Chrome and Safari. Third party extensions, where used, may not have the same level of support for all browsers. Where appropriate To The Point Technology will substitute alternative extensions or implement other solutions, on a best effort basis, where any incompatibilities are found.

20. E-COMMERCE

 

Client’s are responsible for complying with all relevant laws relating to e-commerce, and to the full extent permitted by law will hold harmless, protect, and defend and indemnify To The Point Technology and its subcontractors from any claim, penalty, tax, tariff loss or damage arising from your or your clients’ use of Internet electronic commerce.