I Need Website does not warrant that the functions contained in this software will meet the client’s requirements or that the operation of the software will be uninterrupted or error-free. The entire risk as to the quality and performance of the software is with client.
In no event will I Need Website be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate this app, even if I Need Website has been advised of the possibility of such damages.
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
Copyrights and Trademarks
The client represents to I Need Website and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to I Need Website for inclusion in the app 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 I Need Website and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.
Laws Affecting Electronic Commerce
From time to time governments enact laws and levy taxes and tariffs affecting Internet electronic commerce. The client agrees that the client is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend I Need Website and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the client’s exercise of Internet electronic commerce.
If the client halts work and applies by registered letter for a refund within 30 days, to I Need Website, work completed shall be billed at half of the initial payment, the balance of which shall be returned to the client. If, at the time of the request for refund, work has been completed beyond the amount covered by the initial payment, the client shall be liable to pay for all work completed at the hourly rate stated above. No portion of this initial payment will be refunded unless written application is made within 30 days of signing this contract.
MAINTENANCE AND HOURLY RATE
This agreement includes minor app maintenance over a twelve month period including error correction, and general layout fixes free of charge. This does not include fixes, additions, or ideas that were not included in the documentation submitted with this contract the date it was signed.
Changes requested by the client that are not included in this contract or outside of the twelve month time period will be billed at an hourly rate of $80 per hour+ GST. This rate shall also govern additional work authorized beyond the maximums specified above for such services as general Internet orientation education, marketing consulting, UI design, editing, modifying app screen and databases in an online store, art, photo, graphics services, and helping clients learn how to use their own software.
All billable changes will be documented and brought to the attention of the client before any charges are accrued.