General Work Terms and Client Responsibilities & Liabilities
Client Responsibilities & Liabilities: The client bears full responsibility for supplying all site content, encompassing text and multimedia, to Paseteras prior to commencing the work.
The client is entirely responsible for creating a thorough backup of all content on their website before granting authorization to Paseteras for the agreed-upon work. In any situation, Paseteras will not be held responsible for any loss or damage to existing data.
The contract absolves Paseteras of any responsibility for tasks related to data entry, web hosting, or custom artwork/graphics unless these tasks are explicitly mentioned, paid for, and mutually agreed upon by both parties. Any artwork, images, or text created or supplied by Paseteras on behalf of the client will be considered the property of Paseteras and/or its suppliers unless otherwise stipulated and agreed upon.
The contract releases Paseteras from any responsibility for duties related to data entry, web hosting, or custom artwork/graphics, unless these tasks are expressly specified, paid for, and mutually consented to by both parties. Any artwork, images, or text produced or provided by Paseteras on behalf of the client will be deemed the property of Paseteras and/or its suppliers, unless otherwise explicitly stated and agreed upon.
Paseteras will provide the Client with the opportunity to review the website's design and content during the design process and upon its completion. Paseteras will await feedback from the client for a period of 7 days on the work and materials presented. If the client does not respond within this timeframe, the materials will be automatically considered accepted and approved by the Client.
The Client retains the copyright to the data, files, and graphic logos they provide and grants Paseteras the rights to publish and utilize this material. It is the Client's responsibility to obtain the required permissions and rights for the use of any copyrighted information or files belonging to third parties. The Client must also grant Paseteras the necessary permissions and rights to employ this material and agrees to indemnify and absolve Paseteras from any claims that may arise as a result of the Client's negligence or failure to secure proper copyright permissions. The web design and/or placement contract is considered an assurance by the Client to Paseteras that all essential permissions and authorizations have been obtained. Proof of these permissions and authorizations may be requested.
Paseteras will not be accountable for any changes or modifications made to the Client's website by the Client or any third party after the website has been installed or deployed. These alterations can encompass additions, adjustments, or deletions, among other things. In the event that issues arise as a result of such alterations, Paseteras may necessitate a one-time web development charge to address and rectify these issues.
Payments
Paseteras accepts payments via credit cards. It's important to be aware that we maintain the right to refuse payment through any of these methods without prior notice. Furthermore, we reserve the right to adjust our prices and discontinue specific payment methods at any time without prior notification. In the event of a customer's cancellation before our service is completed, a cancellation fee may be applied. This fee will be commensurate with the work that has been performed up to the point of cancellation. Failure to make payment for the cancellation fee and/or outstanding amounts may result in legal action if deemed necessary.
In our project, progression occurs through various stages, and we will commence the next stage upon receipt of the agreed-upon payments for the prior stage. Once our service is concluded, we will upload the website to the customer area of the server for your evaluation and approval. Following your approval, the website will be transferred to the destination server, where it will reside. It's important to note that Paseteras reserves the right to postpone the website upload until we have received full payment for our services. All the code and materials developed throughout the project will be handed over to you after the project's completion and upon your final approval. Ownership of the code will be transferred to you once the final payments have been settled.
Support and 3rd-Party
Upon the launch of your website, we offer free support for the first month. After this initial one-month period, we have support packages available that are tailored to your specific requirements, with various pricing options. If you choose a higher-tier support package, you may also benefit from attractive discounts. It's essential to understand that our support scope encompasses bug fixes and email support but does not extend to issues concerning the website's architecture, rule changes, or add-ons/enhancements.
The client is fully responsible for any 3rd-party support, products, or services utilized or integrated into the site, which may involve licensing, payment, copyright, etc. The client will be required to arrange and secure such services independently or may request Paseteras to do so on their behalf, with pre-payment for the associated expenses. It's crucial to understand that the fees charged by Paseteras do not include any out-of-pocket costs or expense claims linked to third-party products or services involved.
Paseteras does not provide any assurances or warranties concerning the accuracy or performance of third-party products or services. Any warranties or guarantees for such third-party products or services should be pursued directly from the respective providers.
Paseteras does not encompass upgrades of third-party products or services within the project's scope. Any upgrades or updates to these third-party products or services will be treated separately and may necessitate modifications to the project's timeline and cost, as determined by Paseteras.
Re-work, Enhancements/Add-ons and Billing
Any extra features or alterations to the project scope that were not originally included will be evaluated through a Change Management process and may involve additional fees. Changes to the project scope after the wireframe sign-off stage may result in added costs and timeline adjustments. These modifications will be discussed and agreed upon by both parties before they are put into action.
Whilst we try our best to cover most changes within the budget of the site, some changes are classified as enhancements/add-ons to the system and become chargeable; we will advise you before we start work of any such items.
Any requests for re-work, changes, or tweaks by the client after approval and/or after progressing to the subsequent stages of the project process will be considered as additional work and may incur extra charges. These changes will be discussed and agreed upon before implementation.
The client is obligated to make payments to Paseteras in their entirety, without any deductions, discounts, or debt settlements, by the agreed-upon due dates.
Limitations of Liability
Paseteras will exercise reasonable skill and care in delivering the Service. Nevertheless, we do not provide any representation and disclaim any warranty, whether express or implied, concerning the availability, quality, accuracy, timeliness, completeness, performance, or fitness of the Service.
Paseteras hereby absolves itself, its employees, and agents from any liability for loss or damage caused by inaccuracies, omissions, delays, or errors, whether resulting from negligence or other causes in the production of the website. We also disclaim any liability for loss or damage to client-provided artwork, photos, data, or content intended for the site, regardless of whether the loss or damage occurs due to negligence or other factors.
Unless in cases of death or personal injury resulting from our negligent acts or omissions, we shall not be held accountable for any damages, whether arising in contract, tort, or any other legal theory, connected to losses or damages arising from this Agreement or the operation of the Service. We will not be responsible for any direct, indirect, or consequential damages in contract or tort, including but not limited to loss of profit, loss or damage to property, or claims made by third parties.
Paseteras cannot provide guarantees of service on behalf of third-party organizations, and we will not be held liable for any failures in services provided by third parties.
Approvals and Delivery
The project will comprise several stages, and work on the subsequent stage will commence only after obtaining approval and the corresponding payments for the preceding stage, as per our agreement.
Upon the completion of the service, which encompasses website design and/or development, the website will initially be uploaded to the Customer area on Paseteras's server for the Client's review and approval. Once approved by the Client, the website will be transferred to the destination server where it will be hosted. It's important to be aware that Paseteras retains the right to delay the uploading of the website until full payment has been received.
All code and materials created throughout the project will be handed over to the client upon the project's completion and after obtaining all the required sign-offs. The ownership of the code will be transferred to the client once the final payments have been received.
Paseteras reserves the right to showcase and employ the completed work and/or the deployed final product or website as references for potential clients. In situations where the client wishes to limit such publication, the client must notify Paseteras in advance and seek appropriate approvals for these restrictions.
Timescale
Paseteras will make every effort to complete all services within the agreed timescale. The timeline will start upon receipt of both the agreed deposit and all website content from the Customer.
Paseteras may find it necessary to extend any project timescales because of circumstances that are beyond its control.
Miscellaneous
Paseteras will not be held responsible for any loss or damage related to your use of our Services. If you are dissatisfied with our Website or Services, you can discontinue using or accessing our Website at any time. These terms and conditions are governed by state laws and constitute an agreement between you and Paseteras. By accepting these terms, you agree that any legal action arising under the Terms of Use shall be heard in the appropriate court. We reserve the right to terminate any of the rights granted by these Terms of Use, and you must comply with any termination notice by ceasing to use our Website. We have no obligation to review any information, content, messages, or communication materials sent to or through the Website by users and assume no responsibility or liability related to such messages, information, or content.
Changes to Terms of Use
We retain the right to add, alter, amend, or remove any portion or the entirety of these Terms at any time, with or without prior notice to you. We recommend that you regularly review these Terms for any changes. Your ongoing use of our website or services indicates your acceptance of the updated Terms.
How To Contact Us
If you have any queries or feedback for our Website or Services, you can email us at: support@paseteras.com.