1. Acceptance
It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply, they can be agreed verbally in a meeting or via message. 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. Fees
The fees for the services provided by Hich Web are defined in the project prices received by the client via email or message. The prices are valid for a period of 30 days. Hich Web reserves the right to change or revise the prices after the expiry of the 30 days.
For all website design services, a minimum advance payment of Rs. 10000 or more of the total project price is required at the time of providing the work to the client for review. The remaining amount of the total project price must be paid in one go or in two installments before the work is completed, uploaded to the server or released on the agreed dates.
Payment for the services must be made by check or bank transfer.
3. Client Review
Hich Web will provide the Client with opportunities to review the appearance and content of the website during the design phase and upon completion of the overall website development. Upon completion of the project, such materials will be deemed accepted and approved unless the Client notifies Hich Web otherwise within ten (10) days from the date the materials are made available.
4. Turnaround Time and Content Control
Hich Web will install and publicly publish, or provide, the Client's website by the date specified in the agreement with the Client after Hich Web receives the initial payment, unless a delay is specifically requested by the Client and agreed to by Hich Web.
In return, the Client agrees to assign a single individual as the primary contact to assist Hich Web in progressing the commission in a satisfactory and appropriate manner.
During the course of the project, Hich web will be required to provide the Client with website content; text, images, movies and sound files.
5. Failure to provide required website content
To be efficient with Hich Web, we must ensure that the work we have programmed is carried out on time. In some cases, we may have to reject other work and inquiries to ensure that your work is completed on time.
Delays may occur as a result of not providing us with the necessary information within 30 days. If your project involves search engine optimization, we will need the text content for your website in advance so that the SEO can be planned and completed efficiently.
You can keep your content up to date yourself by using our content management system.
6. Payment
Invoices will be provided by Hich Web after the advance payment has been made and the website is completed but before the live website is published. Invoices are usually sent via email or WhatsApp message. However, the client can choose to receive hard copy invoices. Invoices must be paid upon receipt. Once we have been paid in full, the client has ownership of all design work.
7. Additional Costs
The Client agrees to reimburse Hich Web for any additional costs necessary to complete the work. Examples include the purchase of special fonts, stock photography, etc. (We will notify you of this before purchasing the item by phone or email).
8. Web Browsers
Hich Web makes every effort to ensure that the Websites are designed to be viewed by the majority of visitors. The Websites are designed to work with the most popular current browsers (e.g. Firefox, Internet Explorer 9, 10 and 11 Google Chrome, etc.). The Client agrees that Hich Web cannot guarantee correct operation with all browser software across different operating systems.
Hich Web cannot accept responsibility for web pages that do not display acceptably in new versions of browsers released after the Website has been created and delivered to the Client. Therefore, Hich Web reserves the right to quote for any work related to the creation of the Website or modification of the Website code to work with updated browser software.
9. Termination
Termination of services by the Client must be requested in a 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. Deposits are non refundable.
10. Copyright
The Client owns the copyright to the data, files and graphic logos provided by the Client, and must grant us the right to publish and use such materials. If the project is hosted on our servers, we are responsible for its uptime, security, and performance. If the project is hosted on any server we do not directly manage (yours or a third party's), you are fully responsible for all server-related issues, including security, uptime, and configuration. We are not liable for any problems arising from your server environment.
11. Standard Media Delivery
Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format (ASCII text files delivered on floppy disk or via e-mail or FTP) and that all photographs and other graphics will be provided physically in high quality print suitable for scanning or electronically in .gif, .jpeg, .png or .tiff format. Although every reasonable attempt shall be made by Hich Web to return to the Client any images or printed material provided for use in creation of the Client's website, such return cannot be guaranteed.
12. Design Credit
A link to Hich Web 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. The Client also agrees that the website developed for the Client may be presented in Hich Web portfolio.
13. Access Requirements
If the Client's website is to be installed on a third-party server, Hich Web 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
Hich Web 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
Hich Web may purchase domain names on behalf of the Client. The Client is responsible for renewing such domain names. Hich Web is not responsible for the loss, cancellation, or otherwise of the domain resulting from non-payment or late payment. The Client must keep a record of payment due dates to ensure that payment is received in a timely manner.
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.
17. Governing Law
These Terms and Conditions are governed by the laws of Sri Lanka. Any disputes will be subject to the jurisdiction of Sri Lankan courts.
18. Liability
We are not liable for indirect damages, data loss, or business disruption arising from the use of our services. Our liability is limited to the total amount paid for the service.
19. Severability
In the event any 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 comes closest to the intention of the parties underlying the invalid.
