Purchase Agreement
I agree that I have read and understood the terms and conditions of this page by signing and clicking the “Confirm Contract” button. For clients who have received an invoice from Devolper, the following terms and conditions apply.
Hereafter, the “person”/”organization”/”Company”/”agency” buying any packages, plans referred in this document as “Services” that includes – Web Design, Search Engine Optimization SEO, Pay-Per-Click campaigns, Facebook advertising, Google AdWords, PPC Ads, Ad Management, Analytics Reports, Monthly Maintenance, WordPress, WooCommerce, E-commerce, Service Call, Vincify, Landing Page, Hack Removal, Graphic Services including Logo, Brochures, Business Cards, Banners, Posters, E-Design, Presentation, eBrochures, Booklet, Folder, QR Code, Audio, Print, Delivery, Video, ebooks, Editing, Branding, Video Production & Shooting, Photography, Social Media, Social Media Icons, Internet Marketing Training and any other Strategy Formulation, Training, Graphics and any Marketing and Sales Services ( Do we want to add any other service ) something from Devolper. Any of the URLs or pages that link to this page or domain will be referred to in this document as “Client,” or “you,” or “your,” and Devolper, “we,” or “our.”
This agreement covers all past, present, and future services provided by the Devolper for the Client. The Services provided by the Devolper can be unique and differ from each other. Therefore, these terms and conditions will apply to the specific Services that were purchased. Additional conditions will be applied based on the Client’s purchase. These terms and conditions apply to the specific services purchased by the Client as detailed in the invoice.
Terms and Conditions
Devolper strives to provide a positive, professional, and timely service to its clients. Devolper will work with clients to agree to the following terms and conditions:
The Contract:
- Devolper and the clients will create an independent contractor relationship. No partnership or joint venture is planned or implied.
- Both parties will agree on a date for the commencement of services. Charges will apply based on that date.
- Clients will receive a monthly report on the performance of their services.
- Either party cannot cancel the service or transfer all responsibilities to another vendor without prior notice of at most 10 business days.
- Devolper reserves all rights to subcontract third-party Devolpers for certain service tasks.
- Any person who is not a party or a signatory to the contract will not be entitled to any rights in relation to it.
Authorization:
The Devolper is being engaged by the client as an independent contractor to design and set up new accounts for the services purchased. The client authorises the Devolper, if necessary, to access pre-existing accounts.
This authorization also allows the agent, company, and associates to give the Devolper permission to access the client’s accounts and any other login information, access information, or programs. The client also authorizes Devolpers to access third-party accounts that are associated with the purchased services or sites from which the Client wishes to have access to licensed images, copyrighted texts and any other technical information.
Links:
This agreement stipulates that all links supplied by the Client have been approved and verified for use on the Client’s Services. The Devolper assumes absolutely no responsibility for any suit(s), which are directed at the Client via links that have not been approved to be used on the Client’s account or Services.
Graphics, Audio, and Video Media:
The Devolper is expected to create, capture, or receive from Client all graphics, audio, and video media elements required for the Client’s services. This includes audio, video images, photos, scanning services, video and editing, animation and 3rd-party stock photography.
Photography, Audio, Photography/Photo, and Video Shooting:
Clients who reside in the U.S. and Canada will have their place of business visited by the Devolper to capture images, audio, and video in digital format. This information will be included on the Client’s Services.
At the Client’s request, the Devolper can also scan images and send and receive digital media formats. Because of the different needs of clients, the amount of digital photography, video production and footage, as well as the shooting locations, scans and costs, will be discussed. All travel, food, and accommodation costs for our team are the responsibility of the client.
Third Party Stock Photography, Audio and Video:
The Client must pay all costs associated with purchasing third party stock photography. The Client assumes full responsibility for all 3rd party stock photography, audio, and video he gives to the Devolper via any medium. He will defend, indemnify, and hold harmless the Devolper, its subcontractors, from any lawsuit that may arise from such elements.
Payment:
The Client must pay the entire amount upfront when purchasing our Services online through our secure PayPal gateway. If the Client is unable to use the Paypal Online Credit Card, we accept email transfers.
To begin development, you will need to deposit at least 50% of the quoted amount. You may also negotiate other means of commencing development.
The final payment (or the remainder) of the payment is due at or before completion of development. You can pay online with a Credit Card Payments, Bank Drafts, Money Orders, Cheques, Bank Transfers, or email transfers. If payment is not received within thirty (30 days of our completion notice, the Devolper has the right to delete all web content, designs and development.
To discuss any potential problems ahead of time, contact the Devolper if you anticipate a delay in payment. We may be able offer an alternative arrangement if we anticipate problems.
Devolper may take appropriate action if the Client defaults on their payments. In this case, the account could be transferred to a third-party Collections Agency for proper handling.
- If a client chooses a monthly service package, they must pay the full amount before the work begins.
- Devolper will provide a fixed price quote for any service. Clients are responsible to pay 50% in advance before the work begins. The 50% remaining payment must be received within seven days of the service’s start date.
- Devolper will invoice clients monthly in advance.
- Devolper will terminate services immediately if clients fail to pay their monthly invoices on time. Devolper will not issue a notice 10 days in advance in this instance.
- You have the right to cancel
We reserve the right to discontinue our services at any moment.
All deposit payments are non-refundable in the event of cancellation.
- Late payments
Invoice credit terms are listed at the foot. Before the credit term ends, payment is required.
We have the right, under statutory legislation, to levy an additional fee of 8% on top of the Bank’s base rate of interest for any period the invoice is unpaid. Once the credit term is over, this policy will take effect immediately.
Please allow for sufficient time for your cheque to reach our offices before it is paid into our bank account. If the payment is not recorded as cleared funds prior to the credit term expires, you will be responsible for late payment fees.
Liability:
- Devolper is not liable for indirect or consequential loss resulting from delay in service deliveryables.
- Devolper will be held harmless by clients from any claims, losses or expenses arising out of the services it provides to clients under this agreement. This includes without limitation any claims by third parties for false advertising claims, liability claims for products and services sold by clients, claims for trademark, copyright, and patent infringement claims, as well as claims due to disruptions or malfunction of services or any content submitted to Devolper for publication.
- Devolper will publish any information/content that clients have provided to it. This is due to the nature of digital media. Developer is not responsible for the screening of the material or any damage or loss of profit, goodwill, or any other business assets due to the nature and publicity of the content.
Waiver
- If we fail to insist on the strict performance by you of any obligations under the service agreement or these terms and conditions, it will not automatically release you from those obligations. This will not be a waiver.
- A waiver of condition or term will only be effective if it is in writing.
Privacy Rights
- Clients will not be able to disclose any information, such as their name, email address, contact number and website URL, without their consent. Devolper employees will have access to this information.
- Devolper will take all reasonable precautions to protect your personal information from misuse, loss, or alteration.
- Devolper cannot guarantee any security when data is transferred over the internet.
- To ensure maximum security against fraud and theft online, we use SSL encryption technology to make any type of money transaction.
- Cookies are used to track the browsing information/preferences of web users and we may use Cookies to gather statistical data about your browsing pattern for optimizing our site.
- Third party advertisers that have their ads links on our website might also use cookies to collect statistical information about you. Cookies do not give us access to your personal information.
● The purpose of collecting personal information
For the following purposes, we collect and use personal data:
- to fully understand the needs of our customers regarding our services.
- To create and offer our website and products and services to our customers.
- To fulfill your request for information, products or services.
- Communicate with customers and visitors when necessary. Inform customers about upgrades and other services.
- To enable customers to have limited access to our site.
- To personalize certain of our products and services for you, and to send targeted ads and offers.
- To ensure the protection of the products, services, or rights of – including the integrity or security of our website.
- To diagnose and fix technical issues related to our website, products, or services.
- Personal information is also used in aggregate (i.e. not individually attributable) to support business analysis, marketing, and other promotional purposes.
- Disclosure, Processing and Retention
We don’t rent, sell or divulge your personal information to any other party.
Security Guards
We will make every effort to protect our customers.
● Copyrights & Trademarks:
The client represents to the Devolper that all elements of text, graphics and photos that are submitted to the Devolper via email, phone, internet, on-paper, in-meeting, or otherwise are his or her own.
The Client will protect and defend the Devolper, its subcontractors, from any claim or suit that may arise from the use of any such elements. The client acknowledges that all content used in developing the website is his or her own.
Under no circumstances will the Devolper assume responsibility for the Client’s Content or any Content of third parties. This includes but not limited to any errors or omissions made by the Client or any loss or damage incurred due to the use of any Content transmitted, posted, transmitted, or otherwise. Copyright Infringements will not be covered by the developer.
Nondisclosure
The Devolper and its employees, as well as subcontractors, agree to not disclose Confidential Information at any time during the term of the Agreement. The Client also agrees to not disclose any confidential information about the Devolper, including its strategies, vision, information brain maps, and training, to anyone.
Complete Understanding:
These terms constitute the only agreement between the Devolper and the Client concerning any development performed by the Devolper for the Client. This agreement becomes effective upon the Client engaging services from the Devolper, or purchasing any Services from them.
This agreement is intended to be mutually beneficial for both the Client and Devolper. Both parties acknowledge that they have read the agreement.
This agreement applies to all Clients for whom the Devolper have rendered Services. It also applies to any Client who has Services that include the design credit or byline “powered by” or “website created by”, etc. linked to the URL of the Devolper.
REVISIONS TO THESE TIME TERMS OF AGREEMENT
The Devolper reserves the right at any time to modify, revise, amend or modify this Agreement, as well as other Terms Of Use and Privacy Policies, and Agreements. Any revision, amendment or modification will be communicated in accordance to our Terms of Agreement.
*Devolper reserves all rights to change the above terms at any time.