Below are Infortum Terms and Conditions governing the relationships between the client and Infortum. By visiting our website, you, in fact, agree to these terms and conditions as a whole.
1. STANDARD TERMS AND CONDITIONS
These are Infortum terms and conditions (“Infortum”), a Web Services Company that apply to all contracts and all work undertaken by Infortum for its clients.
2. 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 development work. The remaining 50% shall become due when Infortum completes the work to your reasonable satisfaction but subject to the terms of the “approval of work” and “rejected work” clauses. Infortum reserves the right not to commence any work until the deposit has been paid in full.
The 50% deposit is only refundable if we have not fulfilled our obligations to deliver the work required under the agreement. The deposit is not refundable if Infortum fails to start the development work and you the client terminates the contract through no fault of ours.
3. SUPPLY OF MATERIALS
You must supply all materials and information required by Infortum 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 the client fails to supply materials, which will prevent Infortum from completing its work, Infortum has the right to invoice you for any part or parts of the work already completed.
We are pleased to offer you the opportunity to revise 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 website development phase is flexible and allows certain variations to the original specification. However, Infortum will charge for any major deviation from the specification at the rate of $120.00 per hour.
5. PROJECT DELAYS AND CLIENT LIABILITY
Any periods 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.
6. WEB CONTENT
Unless otherwise agreed upon in advance and in writing, the client is responsible for delivering the content to populate the website Infortum is designing. Delays in providing the content materials may adversely affect the deliverables as per the contract.
Infortum is not responsible for such delays.
7. APPROVAL OF WORK
On completion of the work, Infortum will notify the client to review the completed work or parts of the project. The client must notify us in writing of any unsatisfactory issues or deviations from the previously agreed upon contract within 7 days of Infortum notifying the customer to review. Any of the work, which the client does not report to Infortum in writing as unsatisfactory within the 7-day review period, Infortum will consider the client has approved the work. Once approved, or deemed approved, client agrees not to reject the work and the contract will be deemed to have been completed and the 50% balance of the project price will become due.
8. REJECTED WORK
If the client rejects any of Infortum’s work within the 7-day review period, Infortum will act to remedy the situation in a reasonable amount of time. After the remedy, should the client reject Infortum’s remedial efforts, Infortum will consider it has fulfilled its obligations under the contract with the client and may seek to be paid in full.
Upon completion of the 7-day review period, Infortum will invoice you for the 50% balance of the project.
10. WARRANTY BY CLIENT AS TO OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS
Client must obtain all necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names and trademarks, or any other visual or non-visual material that you supply to us to include in your website or web applications.
Client must indemnify and hold harmless Infortum and its agents, subcontractors, partners, or associates from any claims or legal actions arising from the use of content of the client’s website.
Once the client has paid Infortum in full for the work, Infortum shall grant the client a license to use the website and its related software and programmable contents for the life of the website.
12. SEARCH ENGINES
We do not guarantee any specific position in search engine results for your website unless Infortum signs a contract with the client with specific language relating to this task. Under normal web development, Infortum performs basic search engine optimization according to current best practice.
13. CONSEQUENTIAL LOSS
Infortum shall not be liable for any loss or damage, which the client may suffer, attributable, in any way, to any delay in performance or completion of our obligation under the contract.
To the full extent permitted by law, all terms, conditions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise (other than the express provisions of these terms and conditions) relating in any way to the services Infortum provides the client are excluded.
Without limiting the above, to the extent permitted by law, any liability against Infortum under any terms, conditions, warranties or representation that by law cannot be excluded are limited, at our discretion, to the replacement, re-repair or re-supply of the services or the payment of the cost of the services the client contracted Infortum to perform.
We reserve the right to subcontract any services that we have agreed to perform for you as we see fit.
Infortum (and any subcontractors we engage under a signed NDA) agree not to disclose, at any time, any of the client information to any third party.
17. ADDITIONAL EXPENSES
The client agrees to reimburse Infortum 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.
The client is responsible for maintaining their own backups with respect to their own website(s) and Infortum will not be liable for restoring any client data or client websites except to the extent that such data loss arises out of a negligent act or omission by us.
19. OWNERSHIP OF DOMAIN NAMES AND WEB HOSTING
Infortum will supply to the client all credentials for domain name registration and/or web hosting that Infortum purchased on its behalf when the client has fully reimbursed Infortum for any expenses that Infortum may have incurred and after the full payment of the contract by the client at the end of the work.
20. GOVERNING LAW
This agreement constituted by these terms and conditions will be by the laws of The State of Maryland. Both, the client and Infortum, submit to the non-exclusive jurisdiction of the courts in relation to any dispute arising under these terms and conditions or in relation to any services Infortum performed for the client.
21. CROSS BROWSER COMPATIBILITY
By using current versions of well-supported content management systems such as “WordPress”, Infortum endeavors to ensure the websites it creates are compatible with all current modern web browsers such as the most recent versions of Internet Explorer, Firefox, Google Chrome and Safari. Third party extensions, where used, may not have the same level of support for all browsers. Where appropriate we will substitute alternative extensions or implement other solutions, on a best effort basis, where Infortum finds any incompatibilities.
The client is responsible for complying with all relevant laws relating to e-commerce. The client agrees to hold harmless, protect, defend, and indemnify Infortum and its subcontractors from any claim, penalties, taxes, tariff losses or damage arising from the client or his/her clients’ use of Internet electronic commerce.