Terms and Agreements

By placing an order with Avasoft, you confirm that you are in agreement with and bound by the terms and conditions below.

Definitions:

The Client: The company or individual requesting the services of Avasoft.

Avasoft: Primary designer/developer & employees or affiliates.

General

Avasoft will carry out work only where an agreement is provided either by email, telephone, mail or fax. Avasoft will carry out work only for clients who are 18 years of age or above. An `order` is deemed to be a written or verbal contract between Avasoft and the client, this includes telephone and email agreements.

Website Design and Development

While every endeavor will be made to ensure that the website and any scripts or programs are free of errors, Avasoft cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.

The website, graphics and any programming code remain the property of Avasoft until all outstanding accounts are paid in full.

Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by Avasoft remain the copyright of Avasoft and may only be commercially reproduced or resold with the permission of Avasoft.

The client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Avasoft for inclusion in the web design project are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect and defend Avasoft and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.

Any additions to the brief will be carried out at the discretion of Avasoft and where no charge is made by Avasoft for such additions, Avasoft accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions.

The client agrees to make available as soon as is reasonably possible to Avasoft all materials required to complete the site to the agreed standard and within the set deadline.

Avasoft will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.

Avasoft will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrong doing on the part of a site owner.

Avasoft will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents.

Avasoft will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents.

A deposit of 50% is required with any project before any design or development work will be carried out for total project cost equal to or above US$1,000. Full payment is required prior to any design or development work for projects below US$1,000.

Once a website has been designed and completed the final balance of payment is then due in accordance with Avasoft payment terms. There are no exceptions to this, i.e., if the client decides they no longer want the site, as they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been done.

Compatibility

Avasoft will endeavor to ensure that any developed/designed site or application will function correctly on the server it is initially installed in and that it will function correctly when viewed with most popular web browsers. Avasoft can offer no guarantees of correct function with all browser applications.

Issue Resolution Procedure Anyone who experiences a problem with their web service provided by Avasoft should raise the matter directly via email or MAPS, giving sufficient information to locate the material (such as a url and/or ftp) and clearly outlining the issue/problem.

Avasoft will approach the individual responsible for the material in question with a view to resolving the matter to the satisfaction of the client. An initial response to any issue can be expected within 48 hours of its receipt; a full and considered response to the issue should be completed within 5 days and any subsequent remedy implemented with the minimum of delay.

Web Site Maintenance

This agreement allows for minor web site maintenance to pages over a three-month period, up to an average of one half hour per regular web site, including updating lines and making minor changes to a sentence or paragraph. It does not include updating or replacing nearly all the text from a page with new text, major page reconstruction, new pages, guest books, discussion webs, navigation structure changes, or attempted updates by client repairs. The period begins on the date the client’s website has been published to client`s hosting service. If the client`s web project includes database access using Server Side Script, then very minor page code changes will be accepted under this maintenance plan. Major page code and/or database structural changes will be charged at current hourly rates.