A non-refundable deposit of 50% of the total fee payable under the contract is due immediately upon the signing of the contract or order form . The remaining 50% shall become due when the Work is completed to the reasonable satisfaction of the Client but subject to the terms of Approval of Work and Rejected Work hereof. TechGenius reserves the right not to begin the Work until the said deposit has been paid in full and liability of payment remains same irrespective of work. The fee quoted in the contract does not include the cost of domain registration, hosting set up fee or hosting and content.
Defination of work completion
TechGenius has completed project as per specification in Quote pending information to be given by client such as content, images and changes. Any project documentation requested by client will be charged extra $65/hour +GST
Project Specifications and costing
Project specifications along with agreed price that is discussed with client over phone or in meeting will be sent in E-mail before start of project and client need to ensure that project specifications are correct (if there is any changes then client required to reply back with project changes before start of work) and if there is no reply on same then TechGenius assumes that project specifications and price is correct and start working accordingly
Dissatisfaction of services
If client is unsatisfied with work or services of any TechGenius employee than client required to make formal complaint within 5 days of experiencing dissatisfaction of particular service. all formal complaints required to be mailed to email@example.com and TechGenius responds to complaints in 7 working days however this does not cease client's responsibility to make agreed payment according to quote/proposal
Maintenance of website will be charged at $65/hour
Third Parties FAULTS
TECHGENIUS can taken no responsibility for services provided by third parties through us or otherwise, including the Hosting of the Client's Website, although TECHGENIUS will Endeavor to ensure that Website downtime is kept to a minimum.
Maintenance and Correction of Errors
TECHGENIUS takes no responsibility for the functionality or maintenance(unless a maintenance contract is in place) of the Website after the Work has been completed. Errors(both technical and typographical)attributable to TECHGENIUS will be corrected free of charge,but TECHGENIUS reserves the right to charge a reasonable fee for correction of errors for which TECHGENIUS is not responsible,including,but not limited to malicious modification of the Website by a third party and typographical errors contained in materials provided to TECHGENIUS by the Client
Extent of Work
Installation on the Internet is limited to the uploading of all necessary files to the Host, and testing of functionality. No registration of the Website with Search Engines will be undertaken unless otherwise agreed with the Client.
Under no circumstances will TECHGENIUS be responsible or liable for financial or other Loss or damage caused by the failure or use or misuse of its software. The Clients should ensure that data on their site is regularly backed up to minimize possible losses as a result of software failure.
Completion of Work
TECHGENIUS warrants completing the Work in accordance with its Standard Terms and Conditions to the specifications previously agreed with the Client. TECHGENIUS will not charge more than the amount previously agreed unless the Client has varied the specifications of the Work since the agreement. Any extra specification given by client which is not in agreed Quotation/proposal will be charged at $65/hour +GST
Supply of Materials
The Client is to supply all materials and information required for TECHGENIUS to complete the Work in accordance with the agreed specification. Such materials may include,but are not limited to,photographs,written-copy,logos and other printed materials. Where the Client's failure to supply, such materials leads to a delay in completion of the work, TECHGENIUS has the right to extend previously agreed deadlines for the completion of the Work by a reasonable amount. Where the Client's failure to supply, materials prevents progress on the Work for more than 21days, TECHGENIUS has the right to invoice the Client for any part or parts of the Work already completed.
Approval of Work
On completion of the eWork,the Client will be notified and have the opportunity to review it in TechGenius subdomain. The Client should notify TECHGENIUS, in writing, of any unsatisfactory points within 7days of receipt of such notification. Any of the Work which has not been reported in writing to TECHGENIUS as unsatisfactory within the 7day review period will be deemed to have been approved. Once approved, or deemed approved, work cannot subsequently be rejected, and the contract will be deemed to have been completed and the 50% balance payment under Fee Payable will become due before making website live on client domain. The Contract will remain in effect until all obligations have been completed in terms of this Clause.
If the Client rejects the Work within the 7day review period, or will not approve subsequent Work performed by TECHGENIUS to remedy any points reported by the Client as unsatisfactory, and TechGenius considers that the Client is unreasonable in his repeated rejection of the Work,the contract will be deemed to have expired and TECHGENIUS can take any legal measures to recover full payment for the completed Work and reasonable expenses incurred in recovering payment.
If client refuses to make payment of full agreed cost of project than TechGenius can employ debt collection agency and cost incurred by debt agency such as collection fees which ranges in between 25-35% along with any court expenses and administration fees will be passed to client.
Upon completion of 7day review period, TECHGENIUS will invoice the Client for the 50% balancing payment in accordance with Fee Payable here of,which,in the absence of agreement to the contrary, is to be paid by the Client within 7 days of the date that the invoice was issued.
Remedies for Overdue Payment
If payment has not been received by the due date,TECHGENIUS has the right to suspend ongoing work for Client, until such time that full payment of the outstanding balance has been received. If full payment has still not been received 7 days after the due date, TECHGENIUS has the right to replace, modify or remove the Website and revokes the Client's license of the Work until full payment has been received. By revoking the Client's license of the Work or removing the website from the Internet,TECHGENIUS does not remove the Client's obligation to pay any outstanding monies owing.TechGenius also charges interest rate of 18% per annum for overdue balance.
Offers and Proposals
Offers and proposals made by TECHGENIUS to potential clients should be treated as trade secrets and remain the property of TECHGENIUS. Such offers and proposals or the information contained within must not be passed to third parties or publicly disseminated without prior written authorization from TECHGENIUS This includes, but is not limited to, technical features, functionality, aspects of the design and pricing information.
Warranty by Client as to Ownership of Intellectual Property Rights
The Client will obtain all the necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos,names and trademarks or any other material it supplies to TECHGENIUS for inclusion on the Website. The conclusion of a contract between TECHGENIUS and the Client shall be regarded as guarantee by the Client to TECHGENIUS that all such permissions and authorities have been obtained and that the inclusion of such material on the Website would not constitute a criminal offense or civil delict. By agreeing to these terms and conditions, the Client removes the legal responsibility of TECHGENIUS and indemnifies the same from any claims or legal actions however related to the content of the Client's site.
Any Domain Name obtained will belong to the Client. The Client agrees to indemnify TECHGENIUS, including any incidental costs,against any claims that aDomain Name applied for,or obtained, violates the intellectual property rights of third party. The Client warrants that the domain name sought is not a trademark of a third party
Once TECHGENIUS has received full payment of all outstanding invoices and the Work Has been approved by the Client, the Client will be granted license to use the Website and its contents.
Any code that is not freely accessible to third parties and not in the public domain,and To which TECHGENIUS or their suppliers owns the copyright, may not be copied, published,distributed or passed to any third parties in any form without prior written consent from TECHGENIUS Unless previously agreed otherwise in writing, no modifications may be made by the Client or any third party to code to which TECHGENIUS or their suppliers owns the copyright. TECHGENIUS acknowledges the intellectual property rights of the Client. Information Passed in written form to TECHGENIUS, and that the Client has indicated is confidential or a trade secret, will not be published or made available in any other way to third parties without the prior written consent of the Client.
Right to Terminate
TECHGENIUS reserves the right to refuse or break a contract without prior notice, if it is believed that the Client, their Website, or any material is illegal, immoral or otherwise unacceptable. Even if client terminates contract in middle of project, client is still liable to make full agreed cost as per quotation/proposal and he need to send termination by E-mail to firstname.lastname@example.org. termination of services in middle does not cease client's responsibility to make agreed payment.
Events Beyond the Control of TECHGENIUS
TECHGENIUS will not be liable for breach of contract where that breach was due to software, hardware or electrical failure, natural events such as fire or other events beyond the control of TechGenius
Supply and Pricing of Services
TECHGENIUS reserves the right to use whoever it feels appropriate at the time for third Party software and services, and to alter its prices as necessary without prior notice and without affecting existing contractual pricing agreements.
Survival of Contract
Where one or more terms of the said contract are held to be void or unenforceable for Whatever reason, any other terms of the contract not so held will remain valid and enforceable at law.
Change of Terms and Conditions
These terms & conditions may change from time to time. The Client will be informed Of revisions as and when they are issued.
This Agreement shall be governed by the laws of New Zealand which shall claim Venue and jurisdiction for any legal action or claim arising from the contract between TECHGENIUS and the Client. All disputes to be settled in Auckland The said contract is void where prohibited by law.