Terms & Conditions: Dynamic Website + Mobile App
1- Executive Summary
Dynamic Dezyne is an IT consultancy company specializing in internet solutions, e-commerce, mobile applications and marketing.
2- Objective of the Project
These terms are for the design and development of a dynamic website and / or a mobile app as described below.
3- Project Description
a) Website Description
b) Mobile App Description
4- Technologies Used
– The solution will be hosted on Apache cloud server located in the USA: utilizing Linux operating systems and open source technologies. These are the most stable and most secure systems available today on the Internet.
– The data will be stored on using Mysql databases which is a very fast database and can handle tens of thousands of records efficiently and fast
5 – Admin
This is a special administration system that Dynamic Dezyne creates for the client to use to manage the records and contents of your databases without any technical knowledge.
The backend admin is the copyright of Dynamic Dezyne and cannot be copied, transferred or used in any form other than for the use of the client on our servers as specified in this paragraph.
Dynamic Dezyne operate Cloud servers which are located in the United States and / or in Europe at one of the leading data centers in the world, with a 99.99% uptime.
The client will indemnify Dynamic Dezyne from any legal claim arising from any service interruptions that may occur due to hardware failure or any other natural forces that are outside of our control. In the unlikely case of disruption of service exceeding 1 week at a time, Dynamic Dezyne will provide the client with one month free hosting extension for every 1 week the service has been disrupted, the client agrees that this will be the maximum liability of Dynamic Dezyne.
7- Terms and Conditions
I. Media Availability: Information for the whole site is required in digital format, which includes logo and information required for the creation of the design and initial pages. The information as specified in this paragraph is to be supplied by the client. Kindly note that any delay in providing required material in digital format will result in an increase of the specified time for delivery .
II. Project requirements: timeframe
· The client shall provide clear, detailed requirements including functional and design requirement.
· Requirements once frozen shall not undergo changes.
· Accomodating changes subsequent to signing an agreement will be done at an additional cost that will be quoted to the client before any such changes are undertaken.
· Dynamic Dezyne retains the right to display graphics and other web design elements as examples of its work in its portfolio.
III. Copyrights and Trademarks: The client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Dynamic Dezyne for inclusion in web pages are owned by The clientor that The clienthas permission from the rightful owner to use each of these elements, and will indemnify Dynamic Dezyne from any legal claim arising from the use of such furnished elements.
Any coding, programming, functions, libraries used in the development of the website are unconditionally the copyright material of Dynamic Dezyne under intellectual property copyright laws, and cannot be copied, altered, downloaded, edited, transferred or used in any form or format by the client and / or his agents, and have no claims over such material or code. DDI offers a license for the use of the functionality of the website for as long as the client remains a client of Dynamic Dezyne.
Any data relating to the client or his business activities, or his products, or entered by the client and / or his agents, remains the copyright of the client. Dynamic Dezyne, or their employees or their agents have no claim over such data.
IV. Intellectual Property & Patents: Dynamic Dezyne uses proprietary code in the development and design of the mobile apps, and this code is the intellectual property of DDI and is registered as such worldwide under Reg. # 284686277. DDI provides you with a limited license to use the mobile app for as long as the hosting fees are paid and renewed yearly. The client has no claim over the code and no access to ftp or to the hosting control panel can be given to the client or his agents under any circumstances.
V. Acknowledgment: Along with the copyright notice, the following acknowledgement phrase will figure on all pages of the web site: “Developed by Dynamic Dezyne” or “Developed by DDI”.
VI. Data Entry: Our Terms do not include any data entry. Dynamic Dezyne provides the client with a backend admin that will allow the client to do his own data entry. If the client requires that Dynamic Dezyne manages his website and data entry, a separate agreement will be entered into.
VII. Security: For the security of the client, his data and website, and for the security of Dynamic Dezyne servers and the copyrighted code and programming modules, no access to ftp or to the hosting control panel can be given to the client or his agents under any circumstances.
VIII. Quality Control: Utmost care is given to all details of the website. However it is the client’s responsibility to double check for all errors and report them by email within a maximum of one month from the date of completion. Errors in data are the clients responsibility, programming errors will be corrected free of charge, however, changes of display, design, functionality are not errors, and will be considered as modifications to be charged at an extra cost.
8- Warranty and Maintenance Support
Dynamic Dezyne will offer warranty support for a period of one month from date of project completion for defect fixing and clarifications to the customer without additional charges. After this period, Dynamic Dezyne will deem that the client has received the completed work without any errors. Any changes, updates, additions, management or maintenance would be identified and a separate proposal would be submitted by Dynamic Dezyne for approval by the client.
This plan also includes customer support during Dynamic Dezyne normal working hours, Monday to Friday, from 10:00 to 16:00. To contact our team you may either call or e-mail the project leader, free for 3 months. After which customer support will be charged at $50 per hour or $150 per visit to clients premises.
10- Time Frame
Time to complete project is as agreed after receiving all the required material.
11- Financial Aspect
I. Validity period: Please note that any price offer is only valid for a period of 30 days following the submission date, after which, Dynamic Dezyne reserves the right to modify the content and price
II. Payment Terms: Fees to Dynamic Dezyne are due and payable based on the following schedule:
a. 50% upon agreement
b. 50% upon delivery of the project.
III. Delivery of website: A website is deemed delivered when:
· The website is published to the hosting space of DD and is accessible on the internet
· The client has access to the username and password of the website admin.
· Mobile App is deemed delivered when submitted to the app stores for approval
IV. Invoice: Invoices will be raised upon the receipt of the final payment.
If during the execution of the project, there is any extension of scope, the implications on cost and time thereof, will be mutually discussed and agreed upon between Dynamic Dezyne and the client.
Dynamic Dezyne reserves the right to change these terms & conditions at any time without notice, and the changes will take effect from the time of publication on our website.