Terms & Conditions
The following terms and conditions apply to website design and development and apply to all contracts and all work undertake by QAZCAM ® for its clients.
It is not important 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 considered satisfied themselves as to the terms and conditions applying and have accepted these terms in full. Please read these terms and conditions carefully before purchasing any products or use of our services that you have read and accepted our terms and conditions.
2. Fee Charges
Charges for products or services to be provided by QAZCAM are defined in the project quotation that the client receives via e-mail. Quotations are valid for a period of 30 business days after the date issued. QAZCAM reserves the right to alter or decline to provide a quotation after expiry of the 30 days.
In order to secure and fair activity practice, all website design services require an advance payment of a minimum of thirty (30) percent of the project quotation signing accepted total before the work is provided to the Client for review. A second charge of fifty (50) percent is required after the design and development stage (Layout/Template and Content of the Website), with the remaining twenty (20) percent of the project quotation ended total due upon completion of the work, prior to upload to the server or release of materials.
3. Client Review
QAZCAM will provide the client with an opportunity to review the appearance and content of the website during the design stage and once the overall website development is completed. At the completion of the project, such materials will be considered to be accepted and approved unless the client notifies QAZCAM otherwise within ten (10) days of the date the materials are made available to the client.
4. Dispatch Time and Content Control
QAZCAM will install and publicly supply the client's website by the date specified in the project proposal, or at the date agreed with the client upon QAZCAM receiving initial payment, unless a delay is specifically requested by the client and agreed by QAZCAM.
During working on the project, QAZCAM will require the client to provide website content; text, images, movies, videos, sound files and the other information.
5. Failure to Provide Required Website Content:
QAZCAM is a small business, so to remain efficient we must ensure that work we have is carried out at the scheduled time. On occasions, we may have to reject offers for other work or project and inquiries to ensure that your project is completed at the time arranged.
This is why we ask you to provide all the required information in advance or at the scheduled time frame. On any occasion the progress cannot be made with your project because we have not been given the required information in the agreed time frame, and we are delayed as result and subsequently fail to do within two weeks, 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.
NOTE: Text content should be delivered as a Microsoft Word, Text File, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website. These pages should have the same titles as the agreed website pages. Contact us if you need clarification on this.
Using our content management system, you are able to keep your content up to date yourself.
6. Standard Media Delivery
Unless otherwise specified in the project quotation, this Agreement assumes that any contents will be provided by the client in electronic format (ASCII text files delivered on USB flash, external hard 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 .jpeg, .gif, .png or .tiff format. Although every reasonable attempt shall be made by Wombat Creative Limited to return to the client any images or printed material provided for use in the creation of the client's website, such return cannot be guaranteed.
7. Web Browsers
QAZCAM makes every effort to ensure websites are designed to be friendly viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Google Chrome, Firefox, Microsoft Edge, Internet Explorer 8 & 9, etc.). Client agrees that
QAZCAM cannot guarantee website correct functionality with all web browser software across different operating systems.
QAZCAM cannot accept responsibility for web pages which do not display acceptably in newest versions of web browsers released after the website have been designed and handed over to the client. As such, v reserves the right to quote for any work involved in changing the website design or website code for it to work with updated web browser software.
The payment invoices will be provided by QAZCAM upon the payment terms (Fee Charges). 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 within 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%) per month of the total amount due.
9. Additional Expenses
Client agrees to reimburse QAZCAM for any additional expenses necessary for the completion of the projects. Examples would be the purchase of stock photography, special fonts etc.
Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. Telephone or E-mail requests for termination of services will not be honored until and unless confirmed in writing notice. The Client will be invoiced for design work completed to the date of first notice of cancellation, which shall be paid by the Client.
The Client retains the copyright to files, data, and graphic pictures, logos provided by the Client, and grants QAZCAM the rights to publish and use such material. The Client must obtain right and permission to use any information or files that are copyrighted by a third party. The Client is further responsible for granting QAZCAM permission and rights for use of the same and agrees to indemnify and hold harmless QAZCAM 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 QAZCAM that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
12. Access Requirements
If the Client's website is to be installed on a third-party server or hosting, QAZCAM 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 service project, other resources might also need to be configured on the server.
13. Post-Placement Alterations
QAZCAM 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.
14. Domain Names & Hosting
QAZCAM may purchase domain names and hosting on behalf of the Client. Payment and renewal of those domain names & Hosting is the responsibility of the Client. The loss, cancellation or otherwise of the domain and hosting brought about by non or late payment is not the responsibility of QAZCAM. The Client should keep a record of the due dates for payment to ensure that payment is received in good time and pay on time.
15. Governing Law
This Agreement shall be governed by Cambodia Law.
QAZCAM hereby excludes itself, its Employees and or Agents from all and any liability from:
- Loss or damage caused by any inaccuracy;
- Loss or damage caused by omission;
- Loss or damage caused by error or delay, whether the result of negligence or other cause in the production of the web site;
- Loss or damage to clients' artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.
The entire liability of QAZCAM to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.
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,