Philweblink - Terms of Service
(Please ensure that you read and understand these conditions before paying your advance fee.)
Philweblink. ("Philweblink") has expertise and experience with providing website development, web application development, computer programming, software development, systems analysis, consulting, technical support and other specialized technical services ("Services"). Philweblink shall provide Services to each customer ("Customer") that (i) accepts Philweblink's quote or proposal in writing or via e-mail, (ii) executes a separate agreement with Philweblink, or (iii) makes any payment to Philweblink on account of Services (any such Customer, having done any of the foregoing, being deemed to have signed an agreement ("Agreement"), which shall be deemed, in all cases, to include the terms and conditions set forth herein). Each Agreement shall stipulate the exact details of Services to be provided, all of which shall be governed by and subject to the terms and conditions set forth below. These terms and conditions shall be deemed to be incorporated by reference into each Agreement.
Important:
The approval for the work to commence and payment of the advance fee indicates that the client accepts the terms and conditions outlined in this document.PW Intellectual Copyright:
PW holds intellectual copyright of any material, including source code and original images created for the client until payment of the final invoice. At this time we will transfer this intellectual copyright to the client.Clients Responsibilities with Regard to Copyright:
In situations where the client provides images, text, animations, layouts or any other content for their website they are legally responsible for ensuring that this material does not infringe any copyright.Certain images provided by Philweblink may have been purchased under licence from stock image suppliers. These images are generally only licensed for use on a website. The licence may not permit them to be used in publicity material. The website owner is legally responsible for ensuring that this does not happen. If you wish to use any images from the site for other purposes please contact us for clarification.
Registration Charges:
All third party costs arising from the registration of a domain name shall be met by the Client. PW recommend that clients register their own domain names so that they have full ownership of these but where we have registered a domain name on the client's behalf we agree to transfer this domain name to the client immediately upon request and without charge.Search Engine Promotion:
If Search Engine Optimisation has been agreed, the client must be aware that PW is not responsible for ongoing web site promotion. Should the client require the site to be promoted on an ongoing basis a separate contract must be agreed. The order in which websites are ranked in the natural search results is controlled by the search engines. While we can optimise your site initially for this by making it search engine friendly, it is impossible to make any guarantees on ranking position.Cancellation:
Should the client wish to cancel at any point during the process they shall remain liable for the work that has taken place and shall be invoiced accordingly.Failure to Provide Required Website Content:
You must ensure that we are not delayed as a result of late delivery of the material and content required to complete your website.This is why we ask that you provide all the required information in advance. On any occasion where we are delayed because you have not provided this information, we reserve the right to be free from any responsibility of the breach of services. Also, if your job involves Search Engine Optimisation, we need the text content for your site in advance so that the SEO can be planned and completed efficiently.
If you agree to provide us with the required information in advance and subsequently fail to do within four weeks from the date of the project commencement, we reserve the right to archive the project and shall be subjected to new negotiation with the management.
Conceptualising:
Conceptualising is the process of producing website concepts for clients. Concepts can include site mock ups, graphics and design proposals. This clearly takes a lot of time most particularly involving higher cost of websites will be included. For low cost sites (say below Php25, 000.00) you should be aware that (unless previously agreed) only one concept is possible. You should therefore ensure that you have informed us of your preferred colour scheme and design requirements beforehand. Otherwise, If you don't do this, we may be compelled to design the website appropriately as we deemed it right. If it is not to your taste we may not be able to rework the website without additional charges. This is why it is often best to show us another website that you like as an example of what you require.Travel Time and Travel Expenses:
Travelling time to and from customer premises is not generally included in our estimate. PW reserves the right to make a charge for travelling time at our current hourly rate. Likewise PW reserve the right to charge for travelling expenses based on fare rate + 10%. (NOTE: There will be no charges for travelling time or expenses incurred during the quotation process, i.e. before you give your approval for work to commence.)Quotations:
The price quoted to the client is for the work specifically agreed on the quotation only. Should the client decide that changes are required after work on the website has commenced there may be a surcharge.Payment - Advance Fee:
An advance fee of 50% of the total cost of the project is required before work can start. Clients should only pay this advance fee if they agree to our terms and conditions. Advance payment will be taken as part and parcel in the compliance of the agreement.Payment - Refund Policy:
Request for cancellation of Website design order after 7 days with no work done yet, 75% of the down payment will be refunded. However, if the work has started on the website only 50% of the down payment will be refunded. But if the work on the website has completed more than 50% of the project, there will be no more refund of the down payment made by the customer. Under special circumstances, the Philweblink shall reserve negotiable options as may be considered.Payment Methods:
Unless otherwise agreed, payment is only accepted in Cash, Bank deposit, Paypal.Payment by Credit Card:
Credit card payments are accepted via our Paypal electronic invoicing system. These payments are subject to a $5 (USD) surcharge and full payment is required in advance. (Your credit card should offer you purchase protection.)Payment of Balance:
Invoices are only issued when clients accept that their website has been completed to their satisfaction. Payment of the balance is due immediately on completion of the website. We reserve the right not to launch the website until full payment has been received.Late Payment 1:
Any websites previously launched may be removed if payment is not forthcoming. When this occurs an additional minimum charge of Php500.00 will be required to have the site restored.Late Payment 2:
Accounts that have not been settled within 7 days of our final reminder will incur a late payment charge of 10% of the outstanding amount. You will also be charged statutory interest of 8% above the reference rate (fixed for the six month period within which date the invoices became overdue) pursuant to the late payment legislation.Future Support:
Your website will be handed over as a fully functioning, completed work. Unless it has been agreed beforehand PW is not responsible for future support. Support can be provided upon request for an agreed fee. Your website is offered as a single contract and no guarantee of the availability of future support from Philweblink is offered unless an ongoing support package(Website Maintenance services) has been agreed.Future Site Problems:
Problems caused by malicious software, spyware, viruses and website hacking are a fact of life on today's Internet. It is unlikely that these will affect your website, and PW will endeavour to protect it from these as much as we can during its creation, but after the website is handed over we cannot be held responsible for problems caused by illegal activity or the actions of others.Access of client to control panel:
While PW is yet in full control of the website maintenance, clients are not granted the access to the control panel in the interest of website development and security. Unless the client shall have their existing hosting provider which shall become the subject for ensuing arrangement.No Warranties:
Philweblink makes no warranties or representations of any kind for the services being offered. The service is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of title, noninfringement, or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by Philweblink or its agents or employees shall create a warranty. Philweblink provides no warranty that the service will be uninterrupted or error free or that any information, software or other material accessible on the service is free from viruses or other harmful components. Under no circumstances shall Philweblink be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from your use of or inability to use the service, or for third parties' use of the service to access your Web space, or to access the Internet or any part thereof, or your or any third parties' reliance on or use of information, services, or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance. You assume total responsibility and risk for your use of Philweblink's servers and the Internet. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services and other information, and the quality and merchantability of all merchandise provided through Philweblink or on the Internet generally.Compliance with Ecommerce, Accessibility or Other Regulations:
We design websites in accordance with the client's specifications. It is the client's responsibility to ensure that the website and its content comply with current online trading laws and regulations.We cannot accept responsibility for any failure to comply with laws and regulations related to accessibility, selling online or those related to a specific business or trade. We can research this on the client's behalf upon request, but in any business where complex compliance issues may exist we recommend that the client takes legal advice from their company lawyer.
Validity of Quotation:
Unless otherwise agreed, any quotation provided will be valid for 30 days from the date of receipt.Revision:
Highly Important: The revision can be applied before the official launched of the website, otherwise you agree to pay the 50% of the total cost of the web design services.Website Maintenance/Update Schedule:
Highly Important: Business day from Monday-Friday, 8:00AM - 5:00PM. Any transaction will be done through email, otherwise we will not entertain.Notes:
Should PW waive any of these terms on an individual basis, this shall not affect the validity of remaining clauses or commit PW to waive the same clause on any other occasion.
By agreeing to these terms and conditions your statutory rights are not affected.
PW reserves the right to change or modify any of these terms or conditions at any time. Should clarification of any of the above be required please contact us.
Philweblink
#034 Guiwan Highway, Zamboanga City
Philippines, 7000
E-mail: sales@philweblink.com
Website: www.philweblink.com
