The following terms and conditions apply to all digital services provided by digializer to the Client.
- 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.
- Charges Charges for services to be provided by digializer are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 30 days. digializer 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 / app design services require an advance payment of a minimum of fifty (50) percent of the project quotation total before the work is supplied to the Client for review, with the remaining fifty (50) percent of the project quotation total due upon completion of the work, prior to upload to the server or release of materials.
- Client Review digializer will provide the Client with an opportunity to review the appearance and content of the website / app during the design phase and once the overall website / app development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies digializer otherwise within ten (10) days of the date the materials are made available to the Client.
- Turnaround Time and Content Control digializer will install and publicly post or supply the Client's website / app by the date specified in the project proposal, or at date agreed with Client upon digializer receiving initial payment, unless a delay is specifically requested by the Client and agreed by digializer or the Client did not pay all payments. digializer will install and publicly post or supply the Client's website / app ONLY after receiving ALL the project fees and payments from the Client.
In return, the Client agrees to delegate a single individual as a primary contact to aid digializer with progressing the commission in a satisfactory and expedient manner.
During the project, digializer will require the Client to provide website / app content; text, images, movies and sound files
- Failure to provide required website / app content: digializer 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 / app 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 Optimisation 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.
NOTE: Text content should be delivered as a Microsoft Word, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website / app. These pages should have the same titles as the agreed website / app pages. Contact us if you need clarification on this.
Using our content management system you are able to keep your content up to date your self.
- Payment Invoices will be provided by digializer upon completion but before publishing the live website / app. 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 1000 AED per month of the total amount due.
Delaying payments from Client side will result in delaying the delivery of the final output of the project. Moreover, digializer reserve the right to stop working on a job, or cancel the Job without even informing the client if the related payment is not received within seven (7) days from the date of the invoice. Moreover, digializer, has the right to reject working on any task for the Client if there is pending payments that has to be paid by the Client.
- Additional Expenses Client agrees to reimburse digializer for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography etc.
- Web and Apps Compatibility digializer 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 (maximum 2 years old version). Client agrees that digializer cannot guarantee correct functionality with all browser software across different operating systems.
digializer cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website / app have been designed and handed over to the Client. As such, digializer reserves the right to quote for any work involved in changing the website / app design or website / app code for it to work with updated browser software.
Regarding Mobile Apps, digializer is responsible to release apps that are compatible with Android and iOS versions available at the date of starting the job. Modifying apps to work with with any new operating system, that is released after starting the job, is considered as a new task and extra charges will occur. Moreover, modifying the App to be Compatible with any new request from App Stores (after starting the job) is considered as a new task and extra fees will occur. App upgrade will be done ONLY after client approves and pay the extra cost estimated by digializer. The Client agrees that he will be responsible to pay all extra costs, including and not limited to, development fees, 3rd party fees, and any fee that is needed for the extra tasks to be done. In Case client fails to pay the fees within 7 days of the invoice date, or cost approval verbally, or via any communication method used between the Parties, digializer has the right not to work on the upgrade until payment is fully paid by the Client. Moreover, the Client agrees that he hold the full responsibilty if the application is removed from any app store, or cannot be updated, or uploaded to the any app store as a result not upgrading the app.
- Default Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on digializer's Web space, digializer will, at its discretion, remove all such material from its web space. digializer is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client's account. Cheques returned for insufficient funds will be assessed a return charge of AED1000 and the Client's account will immediately be considered to be in default until full payment is received. Clients with accounts in default agree to pay digializer reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by digializer in enforcing these Terms and Conditions.
- 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 honoured until and unless confirmed in writing. The Client will be invoiced for work completed to the date of first notice of cancellation for payment in full within thirty (30) days.
- Indemnity All digializer services may be used for lawful purposes only. You agree to indemnify and hold digializer harmless from any claims resulting from your use of our service that damages you or any other party.
- Copyright The Client retains the copyright to data, files and graphic logos provided by the Client, and grants digializer 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 digializer permission and rights for use of the same and agrees to indemnify and hold harmless digializer from any and all claims resulting from the Client's negligence or inability to obtain proper copyright permissions. A contract for website / app design and/or placement shall be regarded as a guarantee by the Client to digializer that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
- 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 digializer to return to the Client any images or printed material provided for use in creation of the Client's website / app, such return cannot be guaranteed.
- Design Credit A link to digializer will appear in either small type or by a small graphic at the bottom of the Client's website / app. 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 £5000, a fixed fee of £500 will be applied. The Client also agrees that the website / app developed for the Client may be presented in digializer's portfolio.
- Access Requirements If the Client's website / app is to be installed on a third-party server, digializer 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.
- Post-Placement Alterations digializer 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.
- Domain Names & Hosting digializer 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 digializer. The Client should keep a record of the due dates for payment to ensure that payment is received in good time. For domain names bought by digializer on Client behalf before 31-12-2014, digializer will auto renew the domain name 3 months before expiry. The domain name can be transfered to the Client only after clearing all pending invoices on the Client. In case of payment failure from the Client side, digializer retains the right to cancel the domain name.
Hosting service will be auto renewed 90 days before the domain name expiry. Cancelation requests should be emailed to email@example.com seven (7) days before the renewal date. If the service is renewed, the Client is required to fully pay for the service. digializer retains the right to suspend the Hosting and delete all the files in case the Client failed to pay the hosting fees. Moreover, in case of payment failure from the Client side, digializer retains the right to not transfer any domain name or service to the Client ownership until the Client pays all pending payments.
- 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.
- Tasks including third party extensions digializer is not responsible to debug or alternate third party extensions used in any development job. digializer responsibility is limited to installing the 3rd party extensions as they are. In case these third party extensions have bugs or did not work for any reason, the Client agrees that fixing these issues/bugs is the responsibility of the third party extesnsin developer. Moreover, the Client agrees that the digializer is entitled to request development fees if the Client requested from digializer to fix third party extensions issues.
- Governing Law This Agreement shall be construed and enforced according to the laws of Dubai, United Arab Emirates, and any dispute under this Agreement must be brought in this venue and no other.
- Liability digializer 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 delay or error, whether the result of negligence or other cause in the production of the web site or mobile app;
- Loss or damage to clients' artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.
digializer liability to client for any reason and upon any cause of action, whether sounding in tort, contract, or any other legal theory, shall at all times and in the aggregate be limited to the amount actually paid by client to digializer during the one (1) full calendar month immediately preceding the month in which the event upon which liability is predicated for services provided by digializer, exclusive of any expenses reimbursed. digializer shall have no liability for any direct or indirect damages, loss in profit, or any loss claim by the client.
- Communication All requests, enquiry , or any type of communication from the Client to digializer should be only sent via email to firstname.lastname@example.org or to the related project manager's email mentioned in the contract signed with the Client. Although digializer may occasionally responds to other type of communication as a courtesy, however, digializer is not responsible to respond, start, or execute any task in response to any other type of communication (other than official emails) including and not limited to, Audio calls, text messages, WhatsApp communication, messaging communication,...etc.
- 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,