Terms & Conditions
1. Acceptance
It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these 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.
2. Charges
Charges for services to be provided by Xclusive Tech Jamaica are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 30 days. Xclusive Tech Jamaica reserves the right to alter or decline to provide a quotation after expiry of the 30 days. Unless agreed otherwise with the Client, all website design services /graphic design services require an advance payment of fifty (50) percent of the project quotation total before the work is supplied to the Client for review. A final balance charge of fifty (50) percent plus any additional charges are payable at the completion of the project before launch. Payment for services is Pay Pal or bank transfer. Bank details will be made available on invoices.
3. Client Review
Xclusive Tech Jamaica will provide the Client with an opportunity to review the appearance and content of the website during the design phase and once the overall website development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies Xclusive Tech Jamaica otherwise within five (5) days of the date the materials are made available to the Client.
4. Turnaround Time and Content Control
Xclusive Tech Jamaica will install and publicly post or supply the Client’s website by the date specified in the project proposal, or at date agreed with Client upon Xclusive Tech Jamaica receiving initial payment, unless a delay is specifically requested by the Client and agreed by Xclusive Tech Jamaica. In return, the Client agrees to delegate a single individual as a primary contact to aid Xclusive Tech Jamaica with progressing the commission in a satisfactory and expedient manner. During the project, Xclusive Tech Jamaica will require the Client to provide website content; text, images, movies and sound files.
5. Failure to provide required website content:
Xclusive Tech Jamaica is a small business, to remain efficient we must ensure that work we have programmed is carried out at the scheduled time. On occasions we may have to reject offers for other work and enquiries to ensure that your work is completed at the time arranged. This is why we ask that you provide all the required information in advance. On any occasion where progress cannot be made with your website because we have not been given the required information in the agreed time frame, and we are delayed as 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 site 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 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. Using our content management system you are able to keep your content up to date your self.
6. Payment
Invoices will be provided by Xclusive Tech Jamaica upon completion but before publishing the live website. Invoices are normally sent via email; however, the Client may choose to receive hard copy invoices. 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 and one-half percent (1.5%) or $30 USD per month of the total amount due.
7. Additional Expenses
Client agrees to reimburse Xclusive Tech Jamaica for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography etc.
8. Web Browsers
Xclusive Tech Jamaica makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Internet Explorer 8 & 9, Google Chrome, etc.). Client agrees that Xclusive Tech Jamaica cannot guarantee correct functionality with all browser software across different operating systems. Xclusive Tech Jamaica 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, Xclusive Tech Jamaica reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.
9. 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 work completed to the date of first notice of cancellation for payment in full within thirty (30) days.
10. Indemnity
All Xclusive Tech Jamaica services may be used for lawful purposes only. You agree to indemnify and hold Xclusive Tech Jamaica harmless from any claims resulting from your use of our service that damages you or any other party.
11. Copyright
The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Xclusive Tech Jamaica the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting Xclusive Tech Jamaica permission and rights for use of the same and agrees to indemnify and hold harmless Xclusive Tech Jamaica 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 Xclusive Tech Jamaica that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
12. Design Credit
A link to Xclusive Tech Jamaica 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 $1,000 USD, a fixed fee of $100 USD will be applied. The Client also agrees that the website developed for the Client may be presented in Xclusive Tech Jamaica’s portfolio.
13. Access Requirements
If the Client’s website is to be installed on a third-party server, Xclusive Tech Jamaica must be granted temporary read/write access to the Client’s storage directories which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.
14. Post-Placement Alterations
Xclusive Tech Jamaica cannot accept responsibility for any alterations caused by a third party occurring to the Client’s pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.
15. Domain Names
Xclusive Tech Jamaica may purchase domain names on behalf of the Client. Payment and renewal of those domain names is the responsibility of the Client. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of Xclusive Tech Jamaica. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.
16. General
These Terms and Conditions supersede 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. Payment online is an acceptance of our terms and conditions.