Terms of Use

OVERVIEW

The following are terms of a legal agreement between you and Dsign Palette. Please read these Terms Of Use before using this website and its services or products. By accessing, browsing, or using this Web site, you acknowledge that you have read, understood, and agree to be bound by these terms and to comply with all applicable laws and regulations. Dsign Palette may, without notice to you, at any time revise these Terms of Use and any other information contained in this Web site by updating this posting. Dsign Palette may also make improvements or changes in the services or products described in this site at any time without notice.

OUR FEES AND DEPOSITS

A 50% deposit of the total fee payable under our proposal is due immediately upon you instructing us to proceed with the design and development work. The remaining 50% shall become due when the work is completed to your reasonable satisfaction but subject to the terms of the “approval of work” and “rejected work” clauses. We reserve the right not to commence any work until the deposit has been paid in full.

SUPPLY OF MATERIALS

You must supply all materials and information required by us to complete the work in accordance with any agreed specification. Such materials may include, but are not limited to, photographs, written copy, logos and other printed material. Where there is any delay in supplying these materials to us which leads to a delay in the completion of work, we have the right to extend any previously agreed deadlines by a reasonable amount.

Where you fail to supply materials, and that prevents the progress of the work, we have the right to invoice you for any part or parts of the work already completed.

VARIATIONS

We are pleased to offer you the opportunity to make revisions to the design. However, we have the right to limit the number of design proposals to a reasonable amount and may charge for additional designs if you make a change to the original design specification.

Our development phase is flexible and allows certain variations to the original specification. However any major deviation from the specification will be charged extra.

PROJECT DELAYS AND CLIENT LIABILITY

Any time frames or estimates that we give are contingent upon your full co-operation and complete and final content in photography for the work pages. During development there is a certain amount of feedback required in order to progress to subsequent phases. It is required that a single point of contact be appointed from your side and be made available on a daily basis in order to expedite the feedback process.

APPROVAL OF WORK

On completion of the work you will be notified and have the opportunity to review it. You must notify us in writing of any unsatisfactory points within 7 days of such notification. Any of the work which has not been reported in writing to us as unsatisfactory within the 7-day review period will be deemed to have been approved. Once approved, or deemed approved, work cannot subsequently be rejected and the contract will be deemed to have been completed and the 50% balance of the project price will become due.

REJECTED WORK

If you reject any of our work within the 7-day review period, or not approve subsequent work performed by us to remedy any points recorded as being unsatisfactory, and we, acting reasonably, consider that you have been unreasonable in any rejection of the work, we can elect to treat this contract as at an end and take measures to recover payment for the completed work.

PAYMENT

Upon completion of the 7-day review period, we will invoice you for the 50% balance of the project.

WARRANTY BY YOU AS TO OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS

You must obtain all necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names and trade marks, or any other material that you supply to us to include in your website or web applications or mobile application or others.

You must indemnify us and hold us harmless from any claims or legal actions related to the content of your website or web applications or mobile application or others.

LICENSING

Once you have paid us in full for our work we grant to you a license to use the website or web applications or mobile application or others and its related software and contents for the life.

SEARCH ENGINES

We do not guarantee any specific position in search engine results for your website or web applications or mobile application or others. We perform basic search engine optimisation according to current best practice.

CONSEQUENTIAL LOSS

We shall not be liable for any loss or damage which you may suffer which is in any way attributable to any delay in performance or completion of our contract, however that delay arises.

DISCLAIMER

Use of this site is at your sole risk. All materials, information, and services are provided “as is,” with no warranties or guarantees of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. Without limitation, Dsign Palette makes no warranty or guarantee that this web site will be uninterrupted, timely, secure, or error-free.

SUBCONTRACTING

We reserve the right to subcontract any services that we have agreed to perform for you as we see fit.

NON-DISCLOSURE

We (and any subcontractors we engage) agree that we will not at any time disclose any of your confidential information to any third party.

ADDITIONAL EXPENSES

You agree to reimburse us for any requested expenses which do not form part of our proposal including but not limited to the purchase of templates, third party software, stock photographs, fonts, domain name registration, web hosting or comparable expenses.

BACKUPS

You are responsible for maintaining your own backups with respect to your project data and we will not be liable for restoring any client data or client websites or web application or mobile application or others except to the extent that such data loss arises out of a negligent act or omission by us.

OWNERSHIP OF DOMAIN NAMES AND WEB HOSTING

We will supply to you account credentials for domain name registration and/or web hosting that we purchased on your behalf when you reimburse us for any expenses that we have incurred.

SCOPE OF ANNUAL MAINTENANCE

We will provide timely backups of project and we will apply security or bug fixes if required.

CROSS BROWSER, OS VERSION, MOBILE DEVICES AND OTHER COMPATIBILITY

We endeavour to ensure that the websites or web application or mobile application or others we create are compatible with all current modern web browsers or mobile OS or different device or others. Third party extensions, where used, may not have the same level of support for all the things. Where appropriate we will substitute alternative extensions or implement other solutions, on a best effort basis, where any incompatibilities are found.