The following terms and conditions apply to all website development / design or services provided by Deviitor (PVT) LTD. 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.
The following Terms and Conditions document is a legal agreement between Deviitor (PVT) LTD, hereafter “the Developer”, and “the Client” for the purposes of website design or development. These Terms and Conditions set forth the provisions under which the Client may use the services supplied.
Changes to Terms
The Developer reserves the right to alter these terms at any time, without prior notice or warning. All changes or modifications will come into effect immediately upon posting to them to the Developer’s website. In the unlikely event that the Developer is unable to fulfil part of a previous agreement – a refund or an alternative will be offered.
Charges for services to be provided by the Developer are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 14 days. The Developer reserves the right to alter or decline to provide a quotation after expiry of the 14 days. The Client can accept the quotation by clicking Accept on the quotation view page.
When the Client places an order to purchase a website or website updates from the Developer, the order represents an offer to the Developer to purchase the website or website updates. No contract for the supply of services exists between Client and Developer until the Developer sends a Pro-forma invoice to the Client for the order. The Developer is liable to withdraw the from contract at any time prior to acceptance.
The Pro-forma invoice equals acceptance by the Developer (or third party supplier) of the Client’s offer to purchase services from the Developer and this acceptance of work is a valid contract between Client and Developer regardless of whether the Client receives the Pro-forma invoice. Quotations, Pro-forma invoices and Invoices are normally sent via e-mail. The Client may download and print a copy of them.
Unless agreed otherwise with the Client, all website design services require an advance payment of a minimum of fifty (50) percent of the Pro-forma invoice total before the work is supplied to the Client for review.
The Developer will inform the Client upon completion of the project. Full payment of the remaining balance and any additional expenses incurred, shall be paid prior to the project being published or handed over.
Deviitor (PVT) LTD accepts payments via Cash, Check and Bank transfer as valid payment methods. The Client is responsible for ensuring that the Developer receives full, valid payment in a timely manner. Work will not commence until valid payment is received successfully. Payment details will be made available on invoices upon request by the Client.
From time to time the Developer may agree alternative payment terms in order to make Client’s website more affordable. If alternative payment terms are agreed, the Client shall ensure that all payments are made promptly.
Accounts that remain unpaid 7 days after the date of the project completion or service issued and project that is delayed, pause or exceeded final project completion date in the invoice, due to the Client cause are subject to monthly late payment fee of 10% remaining balance of the invoice. The late payment charges will appear on Client’s invoice one after the late payment occurred. If late payment is occurred, Payments will be credited to late payments first, then to unpaid balances.
The payments are not refundable if the development work has been started and the Client terminate the contract through no fault of the Developer.
Client agrees to reimburse the Developer for any additional expenses necessary for the completion of the work. Examples would be purchase of special licenses, fonts, stock photography etc.
Additional work requested by the Client that is not specified in the agreed quotation is subject to an additional quotation by the Developer. If the work is needed as part of an existing project, then this may affect time scale and overall delivery time of the project.
The Client acknowledges that it is responsible for performing the following in a reasonable and timely manner: (a) Provide Client Content in a form suitable for use in the Deliverables without further preparation by Designer, unless otherwise specified in the Project Proposal; (b) Proofread all Deliverables. Client will be charged for correcting errors after the acceptance of any Deliverable; (c) Make decisions regarding other parties.
Approval of Work
On completion of the work the Client will be notified and have the opportunity to review it. The Client shall notify the Developer in writing of any unsatisfactory points within 7 days of such notification. Any of the work which has not been reported in writing to the Developer as unsatisfactory within the 7-day review period will be deemed to have been approved. Once approved, or deemed approved, work cannot subsequently be rejected and the contract will be deemed to have been completed and the balance of the project price will become due.
If the Client reject any of the Developer’s work within the 7-day review period, or not approve subsequent work performed by the Developer to remedy any points recorded as being unsatisfactory, and the Developer, acting reasonably, consider that Client have been unreasonable in any rejection of the work, the Developer can elect to treat this contract as at an end and take measures to recover payment for the completed work.
Permission and Copyright
Copyright of the completed web designs, images, pages, code and source files created by the Developer for the project shall be with the Client upon final payment only by prior written agreement. Without agreement, ownership of designs and all code is with the Developer.
The Client agrees that resale or distribution of the completed files is forbidden unless prior written agreement is made between the Client and the Developer.
The Client hereby agrees that all media and content made available to the Developer for use in the project are either owned by the Client or used with full permission of the original authors. The Client agrees to hold harmless, protect and defend the Developer from any claim or suit that may arise as a result of using the supplied media and content.
The Client agrees that the Developer may include development credits and links within any code the Developer designs, builds or amends. If the Developer designs a website for a Client, then the Client agrees that the Developer may include a development credit and link displayed on Client’s website. If the Developer builds or amends a website for a Client, then the Client agrees that the Developer may include a development credit and link displayed on Client’s web page.
The Client agrees that the Developer reserves the right to include any work done for the Client in a portfolio of work.
The Client agrees to abide by the terms of any third-party software or media included within any work done for the Client. Examples of this include, but are not limited to, Google maps, Media under the Creative Commons license, RSS feeds, Open Source GPL Software etc.
Liability and Warranty Disclaimer
The Developer provides their website and the contents thereof on an ‘as is’ basis and makes no warranties with regard to the site and its contents, or fitness of services offered for a particular purpose. The Developer cannot guarantee the functionality or operations of their website or that it will be uninterrupted or error free, nor does it warrant that the contents are current, accurate or complete.
The Developer endeavors to provide a website within given delivery time scales to the best of its ability. However, the Client agrees that the Developer is not liable for any claims, losses, costs incurred or compensation due to any failure to carry out services within a given delivery time scale.
The Client agrees that the Developer is not liable for any failure to carry out services for reasons beyond its control, including but not limited to acts of God, telecommunication problems, software failure, hardware failure, third party interference, Government, emergency on a major scale or any social disturbance of extreme nature such as industrial strike, riot, terrorism and war or any act or omission of any third-party services.
The Developer is not liable for any consequences or financial losses such as, but not limited to, loss of business, profit, revenue, contract, data or potential savings, relating to services provided.
On handover of files from Developer to Client, the Client shall assume entire responsibility in ensuring that all files are functioning correctly before use.
Should the Client go into compulsory or involuntary liquidation or cannot pay its debts in the normal course of business, the Developer reserves the right to cancel forthwith any projects and invoice the Client for any work completed.
The Developer shall have no liability to the Client or any third parties for any damages, including but not limited to claims, losses, lost profits, lost savings, or other incidental, consequential, or special damages arising out of the operation of or inability to operate these web pages or website, even if the Developer has been advised of the possibility of such damages.
There are sometimes laws and taxes that affect Internet e-commerce. The Client agrees that it is their responsibility to comply with such laws and will hold harmless, protect, and defend the Developer and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the Client’s exercise of Internet e-commerce.
The Developer may from time to time recommend to the Client that updates are needed to their site, including but not limited to new legislation compliance, software compatibility and web standards. The Developer reserves the right to quote for any updates as separate work. The Client agrees that the Developer is not liable for any failure to inform or implement these updates to their site. The Client agrees that it shall defend, indemnify, save and hold the Developer harmless from any and all demands, liabilities, costs, losses and claims arising from omission to inform or implement these updates.
The Developer and any third-party associates shall use information provided by the Client in relation to this agreement in accordance with the Data Protection Act 1998. This information will also be used to identify the Client in communications with them and to contact the Client from time to time to offer them services or products that may be of interest to or benefit the Client.
The Client is responsible for maintaining their own backups with respect to Client’s website and the Developer will not be liable for restoring any client data or client websites.
The agreement constituted by these terms and conditions and any proposal will be construed according to and is governed by the laws of Sri Lanka. The Client and the Developer submit to the non-exclusive jurisdiction of the courts in and of Sri Lanka in relation to any dispute arising under these terms and conditions or in relation to any services the Developer perform for the Client.
A link to Deviitor (PVT) LTD will appear in either small type or by a small graphic at the bottom of 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 10% of the total development charges will be applied. When total development charges are less than LKR 20000, a fixed fee of LKR 2000 will be applied. The Client also agrees that the website developed for the Client may be presented in Deviitor's portfolio.
Cancellation of the project at the request of the Client shall be made in writing. In the event cancellation is requested, the Developer shall have the right to retain all payments to date, and any invoiced amounts will be deemed payable on the contract. In the event this amount is not sufficient to cover the Development time and expense already invested in the project, additional payment will be due.