General Work Terms and Client Responsibilities & Liabilities
Client Responsibilities & Liabilities: The client is solely responsible for providing all site content, including text and multimedia, to Elitewallpack before the work begins.
The client bears the sole responsibility of creating a proper backup of all content on their website before authorizing Elitewallpack to proceed with the contracted work. Any loss or damage to existing data will not be the responsibility of Elitewallpack under any circumstances.
The contract absolves Elitewallpack of any responsibility for tasks related to data entry, web hosting, or custom artwork/graphics unless these tasks are explicitly mentioned, paid for, and mutually agreed upon by both parties. Any artwork, images, or text created or supplied by Elitewallpack on behalf of the client will be considered the property of Elitewallpack and/or its suppliers unless otherwise stipulated and agreed upon.
Elitewallpack will make every effort to meet the estimated delivery times. However, in cases of unforeseen and uncontrollable circumstances such as deployment issues, dependencies, third-party support, development bottlenecks, resource unavailability due to emergencies, communication delays, and similar situations, it may be necessary to extend or adjust the timeline for project completion.
Elitewallpack will offer the Client the chance to review the design and content of the website during the design process and after its completion. Elitewallpack will wait for a period of 7 days to receive feedback from the client on the work and outputs shared. If the client does not respond within this period, the material will be considered automatically accepted and approved by the Client.
The Client maintains the copyright to data, files, and graphic logos they provide and grants Elitewallpack the rights to publish and use this material. The Client is responsible for obtaining the necessary permissions and rights to use any information or files that are copyrighted by a third party. The Client must also grant Elitewallpack the necessary permissions and rights to use this material and agrees to indemnify and hold Elitewallpack harmless from any claims that may arise due to the Client's negligence or failure to obtain proper copyright permissions. The contract for web design and/or placement is considered a guarantee by the Client to Elitewallpack that all required permissions and authorities have been secured. Evidence of these permissions and authorities may be requested.
Elitewallpack will not be held responsible for any changes or alterations made to the Client's website by the Client or any third party after the website has been installed or deployed. These alterations can include, but are not limited to, additions, modifications, or deletions. In the event that issues arise due to such alterations, Elitewallpack may require a one-time web development charge to resolve these issues.
Payments
Elitewallpack accepts payments with credit cards. However, please note that we reserve the right to decline payment through any of these methods without prior notice. Additionally, we retain the right to modify our prices and withdraw specific payment methods at any time without prior notification. In the event of a cancellation by the customer prior to the completion of our service, a cancellation fee may be imposed. This fee will be equivalent to the amount of work that has been completed up to the point of cancellation. Failure to make payment for the cancellation fee and/or overdue amounts may lead to legal action if deemed necessary.
In our project, work progresses through multiple stages, and we will initiate the next stage once we have received the agreed-upon payments for the previous stage. Once our service is complete, we will upload the website to the customer area of the server for your review and approval. After your approval, the website will be transferred to the destination server, where it will remain. Please be aware that Elitewallpack retains the right to delay the uploading of the website until we have received full payment for our services. All the code and materials developed during the project will be transferred to you after the project is completed and you have provided your final sign-offs. The ownership of the code will belong to you after the final payments have been made.
Support and 3rd-Party
Upon the launch of your site, we provide complimentary support for the initial month. Following this one-month period, we offer support packages based on your specific needs, with pricing options available. We also offer attractive discounts if you opt for a higher-tier support package. It's important to note that our support scope covers bug fixing and email support but does not extend to issues related to the site's architecture, rule changes, or add-ons/enhancements.
The responsibility for any 3rd-Party support, products, or services used or integrated into the site, which may require licensing, payment, copyright, etc., falls entirely on the client. The client will need to provide and procure such services themselves or may request Elitewallpack to do so on their behalf, with pre-payment for the associated costs. It's important to note that the fees charged by Elitewallpack are exclusive of any out-of-pocket expenses and expense claims associated with third-party products or services involved.
Elitewallpack does not offer any guarantees or warranties regarding the accuracy or performance of third-party products or services. Any warranties or guarantees for such third-party products or services should be sought directly from the respective providers.
Elitewallpack does not include upgrades of third-party products or services as part of the project scope. Any upgrades or updates to these third-party products or services will be considered separately and may require adjustments to the project's timeline and cost, as determined by Elitewallpack.
Re-work, Enhancements/Add-ons and Billing
Any additional features or changes to the project scope that were not initially included will be considered through a Change Management process and may incur additional charges. Scope changes after the wireframe sign-off stage may result in additional costs and adjustments to the project timeline. These changes will be communicated and agreed upon by both parties before implementation.
Whilst we try our best to cover most changes within the budget of the site, some changes are classified as enhancements/add-ons to the system and become chargeable; we will advise you before we start work of any such items.
Any requests for re-work, changes, or tweaks by the client after approval and/or after progressing to the subsequent stages of the project process will be considered as additional work and may incur extra charges. These changes will be discussed and agreed upon before implementation.
The client is required to make payments to Elitewallpack in full without any deductions, discounts, or debt settlement by the agreed due dates.
Limitations of Liability
Elitewallpack will use reasonable skill and care in providing the Service. However, we do not make any representation and exclude any warranty, express or implied, regarding the availability, quality, accuracy, timeliness, completeness, performance, or fitness of the Service.
Elitewallpack hereby absolves itself, its employees, and agents from any liability for loss or damage caused by inaccuracies, omissions, delays, or errors, whether resulting from negligence or other causes in the production of the website. We also disclaim any liability for loss or damage to client-provided artwork, photos, data, or content intended for the site, regardless of whether the loss or damage occurs due to negligence or other factors.
Except in cases of death or personal injury resulting from our negligent acts or omissions, we shall not be held liable for any damages, whether arising in contract, tort, or otherwise, related to losses or damages resulting from this Agreement or the operation of the Service. We will not be liable for any direct, indirect, or consequential damages in contract or tort, including but not limited to loss of profit, loss or damage to property, or claims made by third parties.
Elitewallpack cannot provide guarantees of service on behalf of third-party organizations, and we will not be held liable for any failures in services provided by third parties.
Approvals and Delivery
The project will involve multiple stages, and work on the next stage will commence only after receiving approval and the relevant payments for the preceding stage, as agreed.
Upon completion of the service, which includes website design and/or website development, the website will be initially uploaded to the Customer area of Elitewallpack's server for the Client's approval. Once approved by the Client, the website will be transferred to the destination server where it will be hosted. Please note that Elitewallpack reserves the right to postpone the uploading of the website until full payment has been received.
All code and materials developed during the project will be transferred to the client upon the completion of the project and after all necessary sign-offs. The ownership of the code will be vested with the client following the receipt of final payments.
Elitewallpack retains the right to publish and use the completed work and/or the deployed final product or website as references for potential clients. In cases where such publication needs to be restricted, the client must provide advance notice to Elitewallpack and request proper approvals for such restrictions.
Timescale
Elitewallpack will make every effort to complete all services within the agreed timescale. The timeline will start upon receipt of both the agreed deposit and all website content from the Customer.
Elitewallpack may need to extend any timescales due to circumstances beyond its control.
Miscellaneous
Elitewallpack will not be held responsible for any loss or damage related to your use of our Services. If you are dissatisfied with our Website or Services, you can discontinue using or accessing our Website at any time. These terms and conditions are governed by state laws and constitute an agreement between you and Elitewallpack. By accepting these terms, you agree that any legal action arising under the Terms of Use shall be heard in the appropriate court. We reserve the right to terminate any of the rights granted by these Terms of Use, and you must comply with any termination notice by ceasing to use our Website. We have no obligation to review any information, content, messages, or communication materials sent to or through the Website by users and assume no responsibility or liability related to such messages, information, or content.
Changes to Terms of Use
We reserve the right to add, change, modify, or delete any portion or the entirety of these Terms at any time, with or without prior notice to you. It is recommended that you read these Terms periodically for any changes. Your continued use of our website or services signifies your acceptance of the newly updated Terms.
How To Contact Us
If you have any queries or feedback for our Website or Services, you can email us at: contact@elitewallpack.com.