6. User Services
1. INTIMACY
1. The processes by which Client may engage Template Rex, may perform a Service Request as a Fixed Price Project, Project, the day-to-day activities pursuant to this Agreement are set forth within the terms and conditions of Template Rex’s website, which by incorporation forms part of this Service Agreement.
2. Client acknowledges and agrees that by entering into this Agreement with Template Rex, this Agreement does not create, establish or otherwise constitute an employment relationship or agreement with Template Rex. This Agreement does not create a partnership or agency relationship between Client and Template Rex or its Employee who has no authority to enter into written or oral contracts (implied or express) on Client’s behalf.
3. The parties (The Client and Template Rex) agree that they will handle all Personal Information shared between them and used for the purpose of performing their respective obligations under this Agreement.
4. Subject to Clause 3, the Parties may only disclose any Confidential Information where disclosure is required by law or by any legal notice, order or regulation of any regulatory authority (a ‘Disclosure Obligation’).
2. WARRANTIES
Each party represents and warrants to the other party that:
(a) There are no actions, claims, proceedings or investigations pending or threatened against it or by it of which it is aware that may have a material effect on the subject matter of this Agreement.
(b) Client has all licenses, authorizations, consents, approvals and permits required by all applicable laws and regulations to commence a Contract with Template Rex.
3. ACCEPTANCE
Customer accepts the scope, terms and conditions of this Agreement and as set forth within the terms and conditions, which by incorporation form part of this Agreement by:
(a) Client makes a Request for Services; or
(b) Client appoints Template Rex to provide services to Client; or
(c) Client makes a payment of any agreed amount, including, but not limited to, the established fees, monthly fees and/or any payment of Template Rex’s invoices (whichever occurs first); or
4. PROJECT DEVELOPMENT STAGE
The client interested in Template Rex providing its services should send all the requirements and details corresponding to their personalized order, please include all the details and requirements in the clearest and most specific way to avoid additional costs or delays in your order, our team will evaluate your requirements and based on these requirements will generate a quote with the price of the detailed items of the requirements provided by the client, we will generate an order with the price and delivery time of your order, once a request for services is accepted by our client you can make the payment corresponding to the order to be processed by our team.
Each project is assigned an amount of time to complete the various tasks to be performed in order to meet the requirements requested by the client who hires our services for this reason we handle a time frame where each project is divided into 3 phases.
1 PHASE
(a) our team will start with the development of your project from the moment the payment is made and confirmed by the network, during the development period of your order our team will take all the items provided in your requirements delivered by the client previously in the step initial.
(b) if any additional detail corresponding to your personalized order has been previously agreed upon, such as the delivery of additional material by our client to complement the items of the requirements, our team will request the additional material during the development period.
(c) the user will be notified during the development stage of any new developments or delays with the delivery of his order.
2 PHASE
(a) after completing the development stage, our team will carry out a first delivery of the order with corresponding items of the project made that our client provided which were defined from the beginning of the project.
(b) in this second phase, when the order is delivered by our team, it is our client’s duty to ensure that the order delivered in this second phase includes all the requirements and items previously agreed upon at the beginning of the project, our client must carry out all the corresponding tests with the in order to ensure that the order includes all the requested requirements.
(c) if the delivered product has any error (programming error), correction or any kind of adjustment the client must indicate it through a feedback where he must include the necessary items corresponding in a single document/mail all corrections, adjustments and changes to be made that are contemplated within the framework of the project and requirements.
(d) our team perform general testing of the product delivered mainly on PC and Mobile Chrome, Firefox and Safari, tests are performed on iPhone and iPads, it is the duty of the user to perform tests on different devices and browsers to use to verify that your product matches your requirements if there are any corrections should be included in your feedback.
(e) Once the feedback is delivered by the client with all the corrections, changes and adjustments to be made within the framework of the project and requirements, our team will confirm the approval of your feedback and proceed to apply the corrections, adjustments and changes necessary for your order to be complete and according to your expectations.
(d) if in the second phase your project applies item (e) and you send us a feedback, our team will make the necessary fixes, changes and adjustments included in your feedback within a reasonable time corresponding to your requirements.
(f) if in the second phase your project does not apply item (e) and you do not send us feedback, you will be informed of the successful delivery of your project and the project will be terminated.
3 PHASE
(a) this phase only applies if a client has sent us feedback during the second phase with all corrections, changes and adjustments within the framework of the project and requirements.
(b) once we make the final delivery based on the feedback document/mail it is our client’s duty to make sure that the product delivered by our team in this third phase includes all the requirements previously agreed upon and from their feedback document, as well as to perform all the corresponding tests in order to make sure our client that the product includes all the requested requirements.
(c) any item that has not been included in your feedback document/email previously delivered in the second phase by the client and is delivered in the final stage will not be accepted under any circumstances or any kind of claim, we give the opportunity to all clients to check their products and the corresponding files are delivered so that our client can verify everything, the request for additional items that have not been described and are within the document/email of your feedback will incur additional costs for your project.
(d) we understand that upon final delivery a client may require new items to be made, corrections, adjustments to your project, but these will be defined as a new project and will incur an additional cost.
(e) you will be informed of the successful delivery of your project based on your feedback and the project will be terminated.
5. PROJECT TERMS
- All estimates/quotations for a project are based on our understanding of your requirements and according to the given time frame. Any changes in functionality, including micro-enhancements, may incur additional costs accordingly. Please ensure and clarify our understanding through the various means at hand.
- By initiating a project, you accept and agree to Template Rex’s terms and conditions. Acceptance can be by email, payment of the project.
- Clients to ensure that we have included all requirements in quotes/proposals/estimates and that we fully understand your requirements. Customers should provide us with clear guidelines along with any flow or specific details they may require. Where such details are not provided, we will proceed to understand the requirements and quote accordingly. At a later stage, if a discrepancy arises, it may generate additional costs to accommodate the changes. It is therefore essential that you clarify all aspects of your project development and ensure that you have been quoted with the correct requirements.
- Any complexity related to specific tasks should be advised in advance and included in the proposal for costing purposes. We operate in good faith and rely on our clients to disclose the full picture at the time of quotation. Template Rex will not assume any discrepancies arising due to unclear requirements.
Limited working hours are allocated to each task, including project management and digital strategist / business analyst. Minor changes may be included within the allocated hours. This will be discussed on a case-by-case basis.
- Template Rex will make every effort to complete the project or changes on schedule. Reasonable delays are accepted during the development and delivery of the project as well as if functionality is redefined or modified.
- Any delay at the customer’s end, may delay the project and the proposed deadlines and may incur additional costs.
- Any error (programming error) reported during or just after the development does not generate additional charges.
- Any rework of a completed task will incur additional charges. Any changes to the design after design approval will incur additional charges.
- Any modifications requested during development or after approval will incur additional charges. All additional work, other than estimates, is charged separately. Template Rex will not be responsible under any circumstances for delays caused by changes to the project brief.
- Website/application content and all related materials must be provided within the first two weeks after the start of the project. Any further delay may delay the project and may incur additional charges if it exceeds the reasonable timeframe.
- Our websites/applications are generally tested on PCs and include near-recent versions of the following browsers: IE, Firefox, Chrome and Safari. If you require testing on any other browser, please let us know in advance.
- Responsive / multi-device compatible web pages are tested on iPhones and iPads. If you require testing on any other device, please let us know in advance.
- Please note that at any stage of the project, stalling the project for more than two calendar months will incur administration costs of $99 per week. In addition, it may increase previously approved estimates. If you need the project to be put on hold, please notify us in writing in advance. In order to put the project on hold without incurring additional charges, we will need the account to be updated based on the work performed. Further details can be discussed if such a situation arises.
- Template Rex owns the copyright to all code written for any client, unless arrangements are made prior to the start of the project. Template Rex grants a license to use any custom software for the client’s use only.
- Depending on the functionality required, there may be third party components, such as third party payment gateways or SSL certificates, involved in building a website/application. While Template Rex makes every effort to recognize the suitability of such component, any unforeseen limitations of third party components are beyond our control. The costs of purchasing third party components (such as SSL, payment gateway, Google Adwords, plug-in licenses, etc.) are not included in our quotations.
- The client must recognize that there may be unforeseen circumstances that will delay the development process. We will make every effort to complete the project as agreed in the proposal. Provided it is within a reasonable period, the client agrees not to penalize us for any actual delays, when every effort is taken to keep the project on the proposed schedule.
