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Tebix Creative service Terms and Conditions

Authorisation.
The following terms and conditions apply to all services offered by Tebix Creative. By ordering services from Tebix Creative you are agreeing to the following terms and conditions.

The completion of payment for a project shall be deemed as a contractual agreement between the client and Tebix Creative.

The Project.
Tebix Creative cannot always guarantee to start work immediately on a project but will arrange a date with the client as to when work can commence.

All material, both text and images supplied by the client and used in the client?s project, will remain the client?s property. All such material will be assumed to be the property of the client and free to use without fear of breach of copyright laws.
The copyright for all material provided by Tebix Creative, such as HTML code, SOURCE codes, graphics, photographs and text, will remain the property of Tebix Creative even after the payment has been made in full.

Initial Process.
Tebix Creative will initially place the client?s website on a development domain in order that the client may view and comment upon the website?s progress. When both Tebix Creative and the client agree that the website meets the criteria that apply to the particular project, Tebix Creative will invoice the client for the full amount due for the project.

Tebix Creative will then immediately publish the website on the client?s domain. If the client?s project is to be installed on a third-party server, Tebix Creative must be granted temporary read/write access to the client?s storage directories, and those directories must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.

Tebix Creative cannot be held responsible if the project is unsuitable for the server. If at any point during the Initial Process a client wishes to cancel, they may do so but will not be provided with any source files created by Tebix Creative. The cancelled project will remain on the development domain for a maximum of 30 days in which time if the client wishes to reactivate the Initial Process they may do so at no additional cost, however, any initial agreed dates to commence will be void and subject to change. If, during the Initial Process, the client does not supply the content required in order to complete the project within a reasonable amount of time, Tebix Creative will take no responsibility for agreed dates not met.

Payment.
Invoices will be provided by Tebix Creative upon completion of the project. Invoices are sent via email. If the client wishes to have a hard copy they can request and a hard copy will be made available. Accounts that remain unpaid fourteen (14) days after the date of the invoice will be deemed late.

No late fees are applicable; however, if the account remains unpaid thirty (30) days after the due date then the project will be frozen and taken off-line with no exceptions. Accounts can be unfrozen by paying the due amount.

Acceptable Use.
A project will initially be installed in a shared hosting environment. If the project is deemed too large at any time by Tebix Creative to be stored in a shared hosting environment then the project will be moved to a dedicated environment. The new hosting cost will then be invoiced out to the client.

Design Credit.
We reserve the right to the design credits of any project we work on, the text ?Site Designed By Tebix Creative? will be applied to the client?s project, with ?Tebix Creative? linking visitors to Tebix Creative?s web site.

Legal Notice.
Tebix Creative does not warrant that the functions contained in the project will be uninterrupted or error-free. The entire risk as to the quality and performance of the web design project is with the client.
In no event will Tebix Creative be liable to the client or any third party for any damages, including, but not limited to service interruptions caused by Acts of God or any other circumstances beyond our control, any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate this project, failure of any service provider, of any telecommunications carrier, of the Internet backbone, of any Internet servers, your or project visitor?s computer or Internet software, even if Tebix Creative has been advised of the possibility of such damages.


Governing Law.
This Agreement shall be governed by Federal Republic of Nigeria Law.

1. Definitions

1.1 In these Terms and Conditions the following meanings apply:

'we', 'our ', 'us' and 'the Company' mean Tebix Creative.

'you' and 'yours' mean the client with whom we make this contract, including any person reasonably appearing to us to act with that client's authority.

'commencement date' means the date set out on the quotation.

'pre-contractual statements' includes pre-contractual statements or agreements, representations, warranties, inducements or promises whether or not made innocently or negligently.

'domain name' means an Internet address that has been registered with the central authorities on the Internet on your behalf.

'web site', 'site' and 'web space' mean the body of work, including text, images, thumbnails, photos and other media, that we develop for you and which is published on the Internet against your domain name.

'host' and 'hosting' mean publishing your web site on the Internet and connecting your name to that site.

'web hit counters' means an Internet connected service that records the number of approaches made to a site.

'down time' means a period of time when any service is unavailable causing loss of access to the Internet by anyone.

ISP means Internet Service Provider.

'intellectual property rights' means any and all patents, trade marks, rights in domain names, rights in designs, copyrights and database rights (whether registered or not and any applications to register or rights to apply for registration of any of the foregoing) rights in confidential information and all other intellectual property rights of a similar or corresponding character which may subsist now or in the future in any part of the world.

'the price' means the sums to be paid by you to us in consideration of the provision of the services.

'the terms of payment' means the terms of payment of the price specified in the quotation

'the quotation' our written statement to you specifying the charge for our services.

'the service' means the design, development, supply of a website, hosting facilities and promotion of the website as specified in the quotation

'the timetable' means the timetable of the provision of the Services as modified from time to time in accordance with the terms of this agreement

 

 
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