The following Terms and Conditions of Service apply to all services provided by Palment. It is expected that clients read these term & conditions before making any purchase of any of our services. All work is carried out by Palment on the understanding that the client has agreed to our terms and conditions.
Copyright is retained by Palment on all design work including words, pictures, ideas, and illustrations unless specifically released in writing and after all costs have been settled.
If a choice of designs is presented and one is chosen for your project, only that solution is deemed to be given by us as fulfilling the contract. All other designs remain the property of Palment, unless specifically agreed in writing
Palment will provide the customer with a written estimate or quotation by email, text or in hard copy. The customer is to sign the quotation with date to indicate acceptance and should be returned to Palment or an email, call or text acknowledging acceptance of the quotation. Without any of these Palment will not regards such project.
A 70% deposit of the total fee payable under our proposal is due immediately upon you instructing us to proceed with the project. The remaining 30% shall become due when the work is completed 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.
The 70% 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 the development work has been started and you terminate the contract through no fault of ours. Also for project cost between N5, 000 and below, the client is expected to total sum before we can proceed with the project.
The client is required to 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. All text copy has in be MS-Word document or other wording editing programs. The client is also expected to properly review the copy before send it us to reduce number of review.
Where the client fails to supply us the 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.
We shall supply clients high resolution images/ PDF of designs for printing purposes. The raw design files belong to Palment. Charges for design work do not cover the release of our copyright design source files, including but not restricted to Adobe Indd, psd, AI, png, cdr or other source files or raw code; if the Client requires these files for transfer to an in-house or other designer, they will be subject to a separate quotation or ‘buy-out’ charge
We offer customers the opportunity to make revisions to the design/website content. However, we have the right to limit the number of revisions to a reasonable amount and we may imply additional cost 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 any major deviation from the specification will be charged based on the scope of work.
Each Design/Development project has 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 the client and be made available on a daily basis in order to speed-up the feedback process.
On completion of the work you will be notified and have the opportunity to review it. You must notify us in writing via email,text or in hard copy 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 considered to have been approved. Once approved, or considered approved, work cannot subsequently be rejected and the contract will be deemed to have been completed and the 30% balance of the project price will become due.
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.
Upon completion of any project, the client is to make the balance immediately. However, if it a website design project, the client is expected to make the balance within 7-day review period, and we will invoice you for the 30% balance of the project. Payments may be made through Cheque (NOT DEPOSITED CHEQUE), Transfer or in Cash.
Proving text, images, graphics and other data to Palment for inclusion in the customer’s website or other medium, the customer declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the customer, or rightful copyright or trademark owner.
Any artwork, images, or text supplied and/or designed by Palment on behalf of the customer, will remain the property of Palment and/or its suppliers unless otherwise agreed in writing. A license for use of the copyright material is granted to the customer solely for the project defined in the scope or request and not for any other purpose.
Any software, code, plugin or other third party material used in a web or digital project remains the property of the creator and any ongoing license fees or fees for upgrades are the responsibility of the client.
Should Palment, or the customer supply an image, text, audio clip or any other file for use in a website, multimedia presentation, print item, exhibition, advertisement or any other medium believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, the customer will agree to allow Palment to remove and/or replace the file on the site. The customer agrees to fully indemnify and hold Palment free from harm in any and all claims resulting from the customer in not having obtained all the required copyright, and/or any other necessary permission
Once you have paid us in full for our work we grant to you a license to use the website and its related software and contents for your business needs.
All design work – where there is a risk that another party make a claim, should be registered by the client with the appropriate authorities prior to publishing or first use or searches and legal advice sought as to its use.
Palment will not be held responsible for any and all damages resulting from such claims. Palment is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold Palment responsible for any such loss or damage.
Any indication given by Palment of any project’s duration is to be considered by the customer to be estimation. Palment cannot be held responsible for any project over-runs, whatever the cause. Estimated project duration should be deemed to be from the date that cleared funds are received by Palment for the initial payment or by date confirmed in writing by Palment.
The client agrees to allow Palment all necessary access to computer systems and other locations, as required, in order to complete a website project and until all due funds are cleared, including the necessary read/write permissions, usernames and passwords.
The customer also agrees to allow Palment access to any computer systems, usernames and passwords required to remove data and/or sites for failure to comply with these Terms and Conditions. The customer agrees to supply Palment with all necessary materials, electronic, or otherwise, required to create and complete the project, and to supply them in a timely manner.
Palment considers a project completed upon receipt of the balance payment as agreed and acknowledges email or text of project delivered. Any afterthought or review will considered as a separate project
Palment requires that a template is approved by the customer before coding of a site commences. Once the template(s) for the web site are approved by the customer, coding will commence; any changes to navigation items, colours, structure or content that requires changes to the template will incur an additional charge.
Once web design is complete, Palment will provide the customer with the opportunity to review the resulting work. Palment will make one set of minor changes at no extra cost within 14 days of the start of the review period. Minor changes include images, small textual changes and small adjustments to placement of items on the page. It does not include changes to many or all images, colour schemes or any navigation features. Any minor changes can be notified to Palment by e-mail.
Palment will consider that the client has accepted the original draft, if no notification of changes is received in writing, text or call from the customer, within 14 days of the start of the review period.
Palment is not website hosting agency, but is in the right to advice client on right hosting for their website. However, if the client already has a hosting plan, we will review it and advice where necessary for good website performance. We will work with your hosting if it in the right order. Palment may request that clients change the type of hosting account used if that account is considered by Palment to be unacceptable because of poor service, lack of bandwidth or in any other way insufficient to support the website.
Palment cannot guarantee the availability of any domain name. Palment can only help client confirm the availability of the domain and then make purchase on behave of the client. We will supply to you the account credentials for domain name registration and/or web hosting that we purchased on you on the project completion.
Note: Client is expected to payment for domain and hosting immediately before proceeding to the website design/development.
You are responsible for maintaining your own backups with respect to your website and other material product. Palment 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.
Palment is not granting you of ranking top on your new website. However, we ensure that website is build base on best SEO principles which will enhance your website’s SEO rank. SEO rank is subject to discussion if you are interested.
The customer agrees to allow Palment to place a small credit on printed material exhibition displays, advertisements and/or a link to Palment own website on the customer’s website. This will usually be in the form of a small logo or line of text placed towards the bottom of the page.
The customer also agrees to allow Palment to place websites and other designs, along with a link to the client’s site on Palment’s own website for demonstration purposes and to use any designs in its own publicity and portfolios.
Palment will not include in its designs, any text, images or other data which it deems to be immoral, offensive, obscene or illegal. All advertising material must conform to all standards laid down by all relevant advertising standards authorities. Palment also reserves the right to refuse to include submitted material without giving reason. In the situation where any images and/or data that Palment does include in all good faith, and subsequently discovers is in contravention to such Terms and Conditions, the customer is obliged to allow Palment to remove the contravention without hindrance, or penalty. Palment is to be held in no way responsible for any such data being included.
Palment shall be entitled to suspend its performance of the contract if and for so long as the Customer shall be in breach of any of its obligations; and
a) If the Customer is in arrears on any payment to the Company.
b) If the client has exceed the number of review
c) If the client keeps on making changes to the original design concept.
d) If the client uses abuses words on any of the Palment’s staff.
Palment makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Palment will not be held responsible for any and all damages resulting from products and/or services it supplies. Palment is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While we take reasonable steps to investigate the materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure. The customer agrees not to hold Palment responsible for any such loss or damage. Any claim against Palment shall be limited to the relevant fee(s) paid by the customer.
Palment reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their Terms and Conditions. Palment will not knowingly perform any actions to contravene these and the client also agrees to be so bound.
You are responsible for complying with all relevant laws relating to e-commerce, and to the full extent permitted by law will hold harmless, protect, and defend and indemnify Palment and its subcontractors from any claim, penalty, tax, tariff loss or damage arising from your or your clients’ use of Internet electronic commerce.
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