Terms & Conditions
These terms shall govern the use of services by the customer, terms shall continue to govern the services until the services have been fully performed or terminated. This document defines the terms and conditions of our working relationship. Unless otherwise agreed to in writing by both the parties, the terms of this Agreement will commence on the date specified. All services that Matsofts may be contracted to produce or provide for Clients will be subject to the following:
The client authorises to perform the services outlined in this agreement on the clients’ behalf, which may include, but is not limited to, accessing their hosting account and disk space, creating databases and applications, and submitting the project to search engines. Customer shall not interfere with the networks and servers of any other Customers of Matsofts such other Customers’ use of our facilities. Assumption of Risk: Customer hereby assumes any and all risks associated with Customer’s, its agents’ (including contractors and sub-contractors) or employees’ use of the Space and shall indemnify, defend, and hold harmless from any and all claims, liabilities, judgments, causes of action, damages, costs and expenses (including reasonable attorneys and experts fees), caused by or arising in connection with such use.
Agreement Scope and Period
Services supplied, costs and rates are limited to what is specifically set forth in this agreement. Any additional services will require an additional agreement. We reserve the right to adjust our service and rates after this period.
Costs and Fees
Changes and additions outside of the scope of this document will be quoted and invoiced to the client. The client will be advised of all costs, changes and additions before commencement of the additional work. Fees for professional services do not include outside purchases such as, but not limited to, software licensing, copyright licensing, printing, photography, colour printouts, laminating, illustrations, shipping and handling or courier service. Expenses are itemized on each invoice. Expenses are subject to GST.
Production schedules will be established and adhered to by both the client and us. Where production schedules are not adhered to by the client, final delivery date or dates will be adjusted accordingly. Additional costs may be charged for client delays, if the delays result in an increase in time to manage or deliver the services.
- The client agrees to pay My Company in accordance with the terms specified in each proposal/estimate. The client will be required to pay 30% of the project cost before commencement of work. Unless otherwise specified, all subsequent balances due are payable upon completion of key stages of the project.
- If the client fails to pay any invoice, Matsofts reserves the right to withdraw the website and associated materials or refuse completion and/or delivery of work until past due balances are paid. All materials or property belonging to the client, as well as work performed, may be retained as security until all just claims against the client are satisfied. We will charge a late payment fee of 5% per month on the outstanding amount. The client is responsible for any debt collection fees which may come due.
- In the event of cancellation of the project prior to completion, the client must pay Us a fee for work completed, based on the contract price and the expenses already incurred.
Limitation of liability
The services and the work product of Matsofts are sold “as is.” In all circumstances, the maximum liability of its Designers, Directors, Officers, Employees, Design Agents and Affiliates (“Our parties”), to the client for damages for any and all causes whatsoever, and the client’s maximum remedy, regardless of the form of action, whether in contract, tort or otherwise, shall be limited to the net cost of this project as specified in this Agreement. In no event shall Matsofts be liable for any lost data or content, lost profits, business interruption or for any indirect, incidental, special, consequential, exemplary or punitive damages arising out of or relating to the materials or the services provided by Matsofts even if My Company has been advised of the possibility of such damages, and notwithstanding the failure of essential purpose of any limited remedy.
We will provide two rounds of revisions of content after the submission of the content, before the website is completed. Extended revisions outside of this scope will be charged under “Content Management” rates.
If the client or an agent of The client other than Matsofts attempts to update, edit or alter the site’s pages, infrastructure, source files or hosting management in a way that causes damage to individual pages or the site’s architecture, time to repair web pages will be assessed at our STANDARD or OVERTIME hourly rate, and is an additional cost above the costs outlined in this agreement.
- Customer content: Customer must acknowledge that Matsofts exercises no control whatsoever over the content of the information passing through Customer’s site(s), and that it is the sole responsibility of Customer to ensure that the information it and its users transmit and receive complies with all applicable laws and regulation and these rules and regulations.
- Prohibited activities: Customer will not permit any person (Users) using Customer’s online facilities and/or services, including but not limited to, Customer’s web site(s) and transmission capabilities to do any of the following (Prohibited activities):
Send unsolicited commercial messages of communications in any form (SPAM)
Engage in any activities or actions that infringe or misappropriate the intellectual property rights of others, including, but not limited to, using third party trademarks without appropriate permission or attribution, and using or distributing third party information protected as trade secret information in violation of a duty of confidentiality.
- Engage in any activity/ies or actions that would violate the personal privacy rights of others, including but not limited to, collecting and distributing information about Internet users without their permission, except as permitted by applicable law.
- Send, post, or host harassing, abusive, libellous or obscene materials or assist in any similar activities related thereto
- Intentionally omit, delete, forge or misrepresent transmission information, including headers, return mailing and Internet protocol addresses
- Use the Matsofts connectivity services for any illegal purpose, in violation of any applicable laws or regulations or in violation of the rules of any other service provider’s websites, chat rooms or the like.
- Assist or permit any person in arranging any of the activities described above. If Customer becomes aware of any prohibited activities, Customer will use all efforts to remedy such prohibited activities immediately, including, if necessary, limiting or terminating user’s access to Customer’s online facilities.
Backup and Recovery Details
You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on our servers, unless otherwise specified depending on the account type. We performs backups of shared and reseller servers; however, these backups are for our administrative purposes only, and are in NO WAY GUARANTEED! Customers are responsible for maintaining their own backups on their own personal computers. In case you are storing the backup at server then you can only keep single copy of backup. We does not provide any sort of compensation for lost or incomplete data in the event that backups do not function properly (even if the malfunction was due to negligence on our part). We will do our best to ensure complete and accurate backups, but assume no responsibility for this duty.
We always treat our customers with the utmost respect and expect the same from you too. If our staff feels that you are consistently addressing them in a demeaning or rude manner, your account may be suspended and you may be asked to take your business elsewhere. In the event that we terminate service for support abuse, customers will be given ten (10) days’ notice to find a new host
This contract and any supplemental terms, policies, rules and guidelines posted on our website constitute the entire agreement between you and us and supersede all previous or contemporaneous written or oral agreements. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.