Our Designing and Development Terms
Adventures Technology ensures that the work operations must be conducted in a fair and reasonable manner at all the time and it’s a part of our nature to maintain a great business relationship with our clients. However it is important for both parties to agree on certain contractual aspects in order to protect the rights of both. By involving with Adventures Technology for project design and development solutions, you are agreeing to the following terms and conditions.
Adventures Technology will never share your information with third parties unless required to do so by law or requested by you. The collected information from you will be used to maintain your services by us and to represent the quality of our work to our site visitors, such as in our website portfolio.
Relationship to the clients
The clients intend that an independent contractor relationship will be created by this contract, and that no partnership, joint venture or employee/employer relationship is intended or implied.
Adventures Technology cannot guarantee to start the project work immediately but will arrange a date and provide to the client as when work can commence.
The project will be run according to Adventures Technology Project Procedures.
Adventures Technology first produce proposal document for the project to the client and after acceptance we will commence work at once and provide you with supply of:
Final data, information, logos, designs, graphic and related materials to be incorporated into the web project solution, ready for publication. Any updates and modification will be applied by client’s requirements during specified time frame. After any further material supplied at a later date may obtain an additional charge.
Pay the 50% deposit prior to the design call.
If you decide to make design changes once the concept has been signed off, Adventures Technology may quote for an additional charge.
During the Development Life Cycle process Adventures Technology at some intervals will place the client’s project on one of its server’s space for the client’s view so that they can comment upon their project progress and approve design concepts and prototype. When both Adventures Technology and the Client will agree on the project that meets the criteria of project procedures and client’s needs, Adventures Technology will invoice the remaining project amount due on client. At Adventures Technology’s discretion, Adventures Technology may choose to delay publishing some client’s projects until full payment for the project has been received.
You will conduct the acceptance tests on the deliverable of project within 2 weeks of installation to ensure that they perform in accordance with the proposal. If a deliverable project does not pass the acceptance test, we will correct the failure. You will then repeat the acceptance test. Such processes shall continue until the relevant deliverable passes the acceptance test.
If the client request for additional changes in functionality or content of their project during acceptance testing, then Adventures Technology will provide a time plus materials quote which will be in addition to the cost of the web project.
All material, both text and images, supplied by the client and used in the construction of the client’s Web 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 Adventures Technology, such as HTML code, graphics, photographs and text, but excluding software code, will remain the property of Adventures Technology until such time as Adventures Technology receives full payment, whereupon they will become the property of the client.
All software code provided as a part of the client’ project will remain at all times the property of Adventures Technology. The client will be granted a single use, single site, source code license to the software code. The client may not sell or redistribute the software code. The client may not use the software code in more than one installation. The client will be given access to the source code and may take the code to another developer for purposes of maintaining or extending the system.
The clients here acknowledge that Adventures Technology may accept business from other clients to develop web solutions with the same or similar functionality to the their web solution, and that Adventures Technology may replicate and exploit all techniques, structures, designs and individual modules of program code used in the creation of their web solution to the new client.
Terms of Payment
An invoice for 50% of the price for the project will be provided on acceptance of the proposal. This invoice must be paid before the project can commence.
Once the project is complete and approved by the client the final 50% will be invoiced. Payment for this invoice shall be made within 7 days of the date of issue of the invoice unless otherwise arranged.
If you are responsible for withholding information for completion, the web project is then deemed payable in full after completion from initial start date.
If we are forced to handover your account to a debt collection agency for collection you will be liable for any collection costs incurred.
Adventures Technology provides maintenance services for its clients; however any maintenance or updates are outside the scope of the design project. When updates are required, we will provide time and materials based quotes for this work. If a web project development agreement has been signed then clauses relating to support services will be applicable.
Validity of the Agreement
Either party may terminate the agreement on 7 working days’ written notice to the other party before to the expiry of delivery schedule of the project.
Adventures Technology reserves the right to terminate immediately without liability to provide the service and to terminate this agreement if you should go into liquidation or bankruptcy, or if you fail to meet any obligation in accordance with this agreement.
If at any point during the Web project Development Life Cycle a client wishes to cancel, they may do so but will be invoiced an amount that Adventures Technology judges to be proportional to the amount of work completed on the project.
If the total amount of work completed equals less than the 50% deposit paid by the client, Adventures Technology will refund the portion of payment not used to client. If the total amount of work completed is more than the first 50% invoiced, Adventures Technology has the right to invoice the extra hours completed.
Assignment and Delegation
We may assign or transfer our rights and responsibilities, also subcontract the performance of any of our responsibilities under this contract to another party.
You may not assign or transfer any of your rights or responsibilities under this contract to anyone else without our prior written consent.
You agree that Adventures Technology will not be liable for any indirect or consequential damages, including but not limited to, loss of profits or for any claim made on the client by any other party, even though Adventures Technology may have been notified of such damage or claims.
We shall not be liable to you for any loss or damage directly or indirectly arising out of or in connection with any delay in delivery of the goods or failure to perform its obligations under this agreement where such delay is caused directly or indirectly by an act of God, armed conflict, labor dispute, civil commotion, intervention of a government, inability to obtain labor, materials or manufacturing facilities, accidents, interruptions of, or delay in, transportation or any other cause beyond our control.
You agree to defend, indemnify and hold us harmless from and against any and all claims, losses, liabilities and expenses (including attorneys’ fees) related to or arising out of the services provided by us to you under this agreement, including without limitation claims made by third parties (including your customers) related to any false advertising claims, liability claims for products or services sold by you, claims for patent, copyright or trademark infringement, claims due to disruption or malfunction of services provided hereunder (including malfunction of Web site, Web project/Software or Internet), or for any content submitted by you for publication by us.
If, despite the other provisions of this agreement, Adventures Technology is found to be liable to you then its liability for any single event or series of related events is limited to the fees.