The following terms and conditions apply to all website development / design services provided by Itals Tech Consultants. These terms and conditions Supersedes any other provision (s) guiding any project on web design, redesign or related service by Itals Tech Consultants

Last updated: 4th July 2017 08:00hrs EAT

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 and the contract document that you sign to enter into contract with us

Charges

Charges for services to be provided by Itals Tech Consultants are defined in the project quotation that the Client receives via e-mail and/or in writing or in discussion with us. Quotations are valid for a period of 20 days. Itals Tech Consultants reserves the right to alter or decline to provide a quotation after expiry of the 20 days.

Unless agreed otherwise with the Client, all website design services require an advance payment of a minimum of 80% of agreed fee/ of the project quotation total before the work is done and balance cleared before the project is uploaded to the client or handled over to the client upon project completion.

Payment for services is due by cash, MPESA or bank transfer or by Bankers, Itals Tech Consultants will not accept any payments in installments (bits by bits). We strictly follow these terms.

Client Review

Itals Tech Consultants will provide the Client with an opportunity to review the appearance and content of the website after  the first phase of design and once the overall website development is completed. Note Itals Tech Consultants does not let the client review the project at any other phase of development. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies Itals Tech Consultants. The client is supposed to review the project and in writing via email send to Itals Tech Consultants with the areas where they want changes done within 5 days after Itals Tech Consultants has sent an email to request the client to review the website designed. Itals Tech Consultants does not accept screen shots from clients as a way of suggesting edits. Itals Tech Consultants uploads the project on its sub domain for the client to review and not on client’s server. If the client refuses to cooperate by reviewing the project the delivery dates are not guaranteed and as such we do not accept any pressure whatsoever by the client. On this domain review that takes more than 5 days by the client commands a delay in delivering the project within the agreed dates.

Turnaround Time and Content Control

Itals Tech Consultants will install and publicly post or supply the Client’s website by the date specified in the project proposal, or at date agreed with Client upon Itals Tech Consultants receiving initial payment, unless a delay is specifically requested by the Client and agreed by Itals Tech Consultants

In return, the Client agrees to delegate a single individual as a primary contact to aid Itals Tech Consultants with progressing the commission in a satisfactory and expedient manner.

During the project, Itals Tech Consultants will require the Client to provide website content; text, images, movies and sound files etc. to populate the website. Itals Tech Consultants is not responsible in any way to come up with the content, images or any other file on behalf of the client. If the client fails to send the information required, the project is at stand and the delivery time is delayed. It is therefore not acceptable for the client to start demanding project delivery on any other tentative date that is not approved by Itals Tech Consultants in writing. In the event that the client request that Itals Tech Consultants sources images for the them the client cannot complain later on that the images are not what they wanted. Itals Tech Consultants buys images from existing platforms that have subscription with such files, therefore it is not expected that the client will whatsoever demand other images to be used, it will basically translate to loss on Itals Tech Consultants side

Failure to provide required website content:

Itals Tech Consultants is a big entity and 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 at least two (2) week prior to the agreed completion date. On any occasion where progress cannot be made with your website 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 Optimization we need the text content for your site agreed 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 before the agreed time, 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.

Itals Tech Consultants agree to make periodical updates to any sites commissioned and hosted for Itals Tech Consultants. This is subject to a fair usage clause. Itals Tech Consultants reserve the right to refuse to update websites if such requests exceed 3 hours of development time per site per annum.

NOTE: Text content should be delivered as Microsoft Word, 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. All images MUST be sent via email and this is mandatory. Itals Tech Consultants is not responsible of sourcing images for the client

If you are commissioning a CMS website, you will be provided with a content management system so that you are able to keep your content up to date yourself.

Payment

Invoices will be provided by Itals Tech Consultants to make a down payments and  upon completion but before publishing the live website. Invoices are normally sent via email. Invoices are due upon receipt. Accounts that remain unpaid ten (10) days after the date of the invoice will be assessed a service charge in the amount of the higher of twenty percent (20%) or Ksh300 per month of the total amount due, whichever is greater.

Additional Expenses

Client agrees to reimburse Itals Tech Consultants for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography, plugins etc. This payment will be required prior to the purchase of the additional required materials. If the client asks for these additional after reviewing the project, we expect the client to procure these items and send to us for use. Itals Tech Consultants will not procure anything on behalf of the client.

Web Browsers

Itals Tech Consultants 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 (e.g. Firefox, Microsoft Edge, Google Chrome, etc.). The client agrees that Itals Tech Consultants cannot guarantee correct functionality with all browser software across different operating systems.

Itals Tech Consultants cannot accept responsibility for web pages which do not display acceptably in obselete version or new versions of browsers released after the website have been designed and handed over to the Client. As such, Itals Tech Consultants reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.

Default

Accounts unpaid ten (10) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on Itals Tech Consultants Web space, Itals Tech Consultants will, at its discretion, remove all such material from its web space. Itals Tech Consultants 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 Ksh 2500 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 Itals Tech Consultants reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Itals Tech Consultants in enforcing these Terms and Conditions.

Termination

Termination of services by the Client must be requested in a written notice or email and will be effective on receipt of such notice. Telephone requests for termination of services will not be honored until and unless confirmed in writing by  email. The Client will be invoiced for design work completed to the date of first notice of cancellation for payment in full within Thirty  (30) days. If Itals Tech Consultants sends the project to the client to review and thereafter the clients sends a termination notice, Itals Tech Consultants will write to the client  to acknowledge the receipt of cancellation request. The client will be invoiced with the INVOICE OF THE WORK THAT IS ALREADY COMPLTED. KINDLY NOTE IF THE CLIENT HAS ALREADY PAID THE DEPOSIT  AND THE COMPLETED WORK IS ALREADY WORTH MORE THAN THE CLIENTS HAS PAID FOR THE CLIENT IS EXPECTED TO PAY THE REMAINING AMOUNT IN FULL. ON THE SAME DOMAIN IF THE PAID  DEPOSIT IS MORE THAN THE VALUE OF THE COMPLETED WORK  ITALS TECH CONSULTANTS WILL REFUND TO THE CLIENT THE EXCESS AMOUNT WITHIN A PERIOD OF 30 DAYS FROM THE DATE OF CANCELLATION NOTICE. Itals Tech Consultants will quantify  the value for the completed work based on some factors such as graphics procured, graphics edited, cms theme procured and cms plugins procured and labor for the whole task. If a client terminates the contract because they have refused to honor the information required for Itals Tech Consultants to do the project or due to failure to review the website but instead asks to terminate the contract, this Cancellation/Termination is at the clients cost therefore no any refund is done and the balance MUST be paid in 30 days from date of contract termination. Contact us if you need any clarity on this subject. The website developed  for the client   to review on our server  will automatically be deleted after 45 days counting from the date the client has requested to cancel the contract. 

Itals Tech reserve the rights to offer our services to  any client. In for some reason the client is not ready to follow our terms of business, we reserve the rights to terminate our services without any notice whatsover.  However, we are obliged to communicate the same to the client via email and this email.  This termination takes effect immediately and the accounts there off be settled ( Client to honour any payments pending and Itals Tech share exits any login possibilities to the clients websites and make the client Admin if they have not been admin) 

From this moment hence forth the client the client is incharge of the website and Itals Tech is not liable in case of any loss or damage.  Any damage resulting from  the clients failure to take  any precaution measure is at clients  cost. 

After the termination of service any files regarding a project that is within our servers  ( if any) eg backups , demo or staging server will be automatically deleted after  10 days.  Any premium plugin or them or any premium cms file that needs to be updated is entirely at the cost of the client. Failure to  keep the cms files upto date and failure to keep in touch with any emerging internet security concerns as communicated for by developers of such cms file ( them or plugin) that leads to any damage will be at clients cost. Itals Tech will not take any responsibilities of such disasters.  The client is responsible for renewing the licenses of such cms file annually.  Take Note ! No any Invoice will be  settled by Itals Tech after service termination. 

Failure to Conclude the Project by the Client

Itals Tech Consultants holds the clients web materials on its servers on during progressive development. In the event that the client is not communicating, delayed payments failure to review the website or any other delay that translates to project not concluded for more than 15 days, Itals Tech Consultants will inform the clients via an email reminder. Should the client fail to act accordingly  Itals Tech Consultants will  delete the website content without any notice and as such any contract in place will be null and void. Should the client want to have his / her website again they will have to contract Itals Tech Consultants afresh. Any amount unpaid MUST be be paid in full before any other contract begins and must be paid within 30 days since the date the website is deleted. In such case no any refund can be made to the client by Itals Tech Consultants.

Indemnity

All Itals Tech Consultants services may be used for lawful purposes only. You agree to indemnify and hold Itals Tech Consultants 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 Itals Tech Consultants 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 Itals Tech Consultants permission and rights for use of the same and agrees to indemnify and hold harmless Itals Tech Consultants 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 Itals Tech Consultants 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 (text files delivered on Google drive or via e-mail ) and that all photographs and other graphics will be provided in .gif, .jpeg, .png. Although every reasonable attempt shall be made by Itals Tech Consultants to return to the Client any images or printed material provided for use in creation of the Client’s website, such return cannot be guaranteed.

Design Credit

A link to Itals Tech Consultants will appear in either small type or by a small graphic at the bottom of the Client’s website. 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 5% of the total development charges will be applied. When total development charges are less than Ksh5000, a fixed fee of Ksh1000 will be applied. The Client also agrees that the website developed for the Client may be presented in Itals Tech Consultants portfolio.

Access Requirements

If the Client’s website is to be installed on a third-party server, Itals Tech Consultants 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

Itals Tech Consultants 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

Itals Tech Consultants can purchase domain names on behalf of the Client. Payment and renewal of those domain names is the responsibility of the the client. The loss, cancellation or otherwise of the domain brought about by non or late payment by the client is not the responsibility of Itals Tech Consultants. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.

General

These Terms and Conditions supersede all previous representations, contracts terms and any other binding agreement understandings or agreements. The Client’s acceptance via email, text or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment via online integration is also an acceptance of our terms and conditions.

Governing Law

This Agreement shall be governed by Kenyan Law.

Liability

Itals Tech Consultants 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;

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 Itals Tech Consultants 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.

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 clause.