|
Orders are accepted on condition that the
wording complies with current legislation
and confirms to the provisions of the
Nigerian code of Advertising Practice.
Definitions: In this
agreement the terms have the following
meanings:
(a) “The Client/Customer” means any
person, company, partnership, organization
or body at whose application,
Sundiata Services agrees to to
provide the products and/or services under
the terms of the agreement.
(b) “The Agreement” means the contract
between
Sundiata Services and the Client to
which these conditions will apply.
(c) “The Order Form” mean the digital or
printed document completed by the client
in order to enter the Agreement.
(d) “Order” is the request by the Client
for products and/or services in the order
form/agreement
(e) “Completion of site” means 5 days from
the site being uploaded to a temporary
site on the server of a **Web Hosting
Company of the client's choice, for
approval by the client, without
notification from the client that the site
is unsatisfactory.
(f) "Deliverables" are the outputs of
services to be supplied under the
agreement and shall include but are not
limited to, all software and written
material, including programs, tapes,
listings and other programming
documentation.
Scope: This agreement shall apply
to all goods and/or services ordered by
the client from
Sundiata Services.
Payment: An upfront payment of 60%
of the total fee is due with order, unless
otherwise agreed, in which case payment is
due upon completion of site. Whilst any
payment due under the agreement remains
outstanding,
Sundiata Services shall be entitled
at its sole and absolute discretion to
withhold provision of any goods or
services it would otherwise be obliged to
provide under the agreement. All payments
by cheque, bankers draft, money order or
postal order must be made in the Nigerian
Currency (Naira).
Liability:
Sundiata Services hereby excludes
itself, its Employees and or Agents from:-
all and any liability for loss or damage
caused by any inaccuracy; omission; delay
or error, whether the result of negligence
or other cause in the production of the
web site; All and any liability for loss
or damage to clients artwork/photos,
supplied for the site. Immaterial whether
the loss or damage results from negligence
or otherwise.
Copyright: Any web page; design or
entire site designed by
Sundiata Services carries a
copyright, and cannot be reproduced
without written consent. The placing of an
order by the client or other person/Agency
on behalf of the client constitutes a
guarantee that all necessary authority and
permissions have been obtained in respect
of the artwork, design and photographs,
for use in the advertisement. The
Advertiser/customer must indemnify
Sundiata Services in respect of all
actions; proceedings; costs demands and
claims arising from any such breach.
Precautions: Advertisements must
comply with the Business Advertisements
(Disclosure) Order 1997 and the Trade
Descriptions Act 1968.
Delivery: on completion of work,
the deliverables will be uploaded to the
client's account in the his choice Web
Hosting Server for approval under the
terms of the guarantee. Upon written
approval by the client, the deliverables
will be uploaded to the client's choice
Web Hosting server.
Sundiata Services reserves the
right to withhold a client's order should
any payment remain outstanding after
6 days from
completion of the client's order.
Guarantee: In the event that the
client is not satisfied with the design of
their site they are entitled to a full
refund of the design fees. Additional
charges including but not limited to:
stock photography; electronic commerce
software; bank charges; domain name
registration, web space and Internet
connection provided by third parties are
non refundable.
Refunds: cancellations must be made
within 5 days of the client viewing the
completed web site otherwise no refund
will be made. Cancellations made within 5
days, may be subject to a charge, if
expenses have been incurred in respect of
additional expenses from third parties
including but not limited to: stock
photography; electronic commerce software;
bank charges; domain name registration,
web space and Internet connection from
third parties. Where possible third party
products will not be purchased until the
design has been approved. All such
cancellations must be in writing within 3
days of the client viewing the completed
web site, otherwise refunds will not be
entertained.
Acceptance of Conditions: The
placing of an order will confirm
acceptance of the aforementioned
conditions. Conditions stipulated on our
Order Form shall be regarded as void, if
they are in conflict with our conditions.
Law: These conditions and all other
express terms of contract shall be
governed and construed in accordance with
the laws of Nigeria.
Severability: In the event any one
or more of the provisions of this
Agreement and/or Order Form shall be held
to be invalid, illegal or unenforceable,
the remaining provisions of this Agreement
and/or Order Form shall be unimpaired and
the Agreement and/or Order Form shall not
be void for this reason alone. Such
invalid, illegal or unenforceable
provision shall be replaced by a mutually
acceptable valid, legal and enforceable
provision which comes closest to the
intention of the parties underlying the
invalid, illegal or unenforceable
provision. |