By accessing QuinTech Solutions, you acknowledge and agree to be bound by these Terms of Service. If you do not agree to these Terms of Service, please do not use our website services.
We reserve the right to alter these Terms & Conditions at any time. We recommend that you periodically check this information for updates.
1. DEFINITION OF TERMS
The Client: the entity, company or person that enters into a contract with QuinTech Solutions.
Domain Name: your www.name. The official ‘web address’ name of your website.
Downtime: time when the website is not accessible via the internet. This may be due to technical failure or site editing.
Host: the company on whose system your website physically resides.
Link, Hyperlink: a clickable link embedded on a web page that may take the form of graphics or text.
Search Engine: a website that contains a directory of websites on the internet allowing users to discover websites based on subject matter classifications.
Website: A collection of web pages and associated code that forms an integrated presence.
The Work: the subject matter of the contract between the Client and QuinTech Solutions.
2.1 Fees Payable
A non-refundable payment of deposit is considered to be acceptance of a mutual contract and acceptance of the Terms & Conditions as stated in this document. The remaining amount agreed to in writing or verbally and stated on the invoice shall become due when the work is completed to the reasonable satisfaction of the Client but subject to the terms of clause 4.3 Approval of Work and Clause 4.4 Rejected Work hereof. QuinTech Solutions reserves the right not to begin the Work until the said deposit has been paid in full.
2.2 Maintenance Fees
Maintenance and testing shall be on a regular basis. Routine tests and upgrading will be performed. No fee will be required in if no updating is necessary. When required by The Client, updating charges will be applied at a rate of $25 per hour.
3.1 Third Parties
QuinTech Solutions can take no responsibility for services provided by third parties through us or otherwise, including the Hosting of the Client’s Website, although QuinTech Solutions will endeavor to ensure that Website downtime is kept to a minimum.
3.2 Maintenance and Correction of Errors
QuinTech Solutions 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 QuinTech Solutions will be corrected free of charge, but QuinTech Solutions reserves the right to charge the hourly fee for correction of errors for which QuinTech Solutions is not responsible, including, but not limited to malicious modification of the Website by a third party, typographical errors contained in materials provided to QuinTech Solutions by the Client or issues directly related to or caused by the Hosting company.
3.3 Extent of Work
Installation on the Internet is limited to the uploading of all necessary files to the Host, and testing of functionality. No paid registration of the Website with Search Engines will be undertaken unless otherwise agreed with the Client.
3.4 Consequential Loss
Under no circumstances will QuinTech Solutions be responsible or liable for financial or other loss or damage caused by the failure or use or misuse of its software. The Client should ensure that data on their site is regularly backed up and that a contingency plan is in place to minimize possible losses as a result of software failure.
3.5 Status and Duration of Offers
Proposals and offers are valid for a period of one month from the date issued. QuinTech Solutions is not bound to honor offers that have expired. Offers are not legally binding until both parties have agreed an acceptable timetable for the work. This timetable must be agreed within the month that the offer is valid. If both parties have not approved an acceptable timetable within one month of the offer being made, the offer is deemed to have expired.
3.6 Search Engine Listings
QuinTech Solutions does not guarantee listings on Search Engines and the Client accepts that it is Search Engines and not QuinTech Solutions who determine whom they list and whom they will not. The Client further understands there is no guaranteed placement or rank on the Search Engines. QuinTech Solutions does not control Search Engines’ algorithms and huge shifts can appear daily, weekly and even hourly.
4. COMPLETION OF WORK AND PAYMENT
4.1 Completion of Work
QuinTech Solutions warrants completing the Work in accordance with its Standard Terms and Conditions to the specifications previously agreed with the Client. QuinTech Solutions will not charge more than the amount previously agreed unless the Client has varied the specifications of the Work since the agreement. QuinTech Solutions will not undertake changes to the specifications of the Work, which would increase the cost, without prior written authorization from the Client.
4.2 Supply of Materials
The Client is to supply all materials and information required for QuinTech Solutions 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, QuinTech Solutions 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 21 days, QuinTech Solutions has the right to invoice the Client for any part or parts of the Work already completed. If the Client fails to provide materials to QuinTech Solutions within 21 days of a request from QuinTech Solutions, none of the monies received for the Work to date will be refunded.
4.3 Approval of Work
On completion of the Work, the Client will be notified and have the opportunity to review it. The Client should notify QuinTech Solutions, in writing (email), of any unsatisfactory points within 7 days of receipt of such notification. Any of the Work, which has not been reported in writing to QuinTech Solutions as unsatisfactory within the 7-day 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 balancing payment under Clause 2.1 Fee Payable will become due. The Contract will remain in effect until all obligations have been completed in terms of this Clause.
Please note that after 7 days, or for any additional revisions you require before your website is launched we bill $25 per hour.
4.4 Rejected Work
If the Client rejects the Work within the 7 day review period, or will not approve subsequent Work performed by QuinTech Solutions to remedy any points reported by the Client as unsatisfactory, and QuinTech Solutions considers that the Client is unreasonable in his repeated rejection of the Work, the contract will be deemed to have expired and QuinTech Solutions can take any legal measures to recover both payment for the completed Work and reasonable expenses incurred in recovering payment.
Upon completion of 7 day review period, QuinTech Solutions will invoice the Client for the remaining balancing payment in accordance with Clause 2.1 Fee Payable hereof, 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. All completed work must be paid in full before additional work commences.
4.6 Remedies for Overdue Payment
If payment has not been received by the due date, QuinTech Solutions 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, QuinTech Solutions has the right to replace, modify or remove the Web site 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 web site from the Internet, QuinTech Solutions does not remove the Client’s obligation to pay any outstanding monies owing.
5. INTELLECTUAL PROPERTY
5.1 Offers and Proposals
Offers and proposals made by QuinTech Solutions to potential clients should be treated as trade secrets and remain the property of QuinTech Solutions. Such offers and proposals or the information contained within them must not be passed to third parties or publicly disseminated without prior written authorization from QuinTech Solutions. This includes, but is not limited to, technical features, functionality, aspects of the design and pricing information.
5.2 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 QuinTech Solutions for inclusion on the Website. The Client to QuinTech Solutions shall regard the conclusion of a contract between QuinTech Solutions and the Client as a guarantee 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 offense. By agreeing to these terms and conditions, the Client removes the legal responsibility of QuinTech Solutions and indemnifies the same from any claims or legal actions however related to the content of the Client’s site.
5.3 Domain Name
Any Domain Name obtained will belong to the Client. The Client agrees to indemnify QuinTech Solutions, including any incidental costs, against any claims that a Domain Name applied for, or obtained, violates the intellectual property rights of a third party. The Client warrants that the domain name sought is not a trademark of a third party.
Once QuinTech Solutions has received full payment of all outstanding invoices and the Client in accordance with Clause 4.3 has approved the Work hereof, the Client will be granted a license to use the Website and its contents. Artwork created for the Website by QuinTech Solutions is subject to fees and copyright and cannot be reproduced without written prior permission from QuinTech Solutions.
5.5 Trade Secrets
Any code that is not freely accessible to third parties and not in the public domain, and to which QuinTech Solutions 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 QuinTech Solutions. Unless previously agreed otherwise in writing, no modifications may be made by the Client or any third party to code to which QuinTech Solutions or their suppliers owns the copyright. QuinTech Solutions acknowledges the intellectual property rights of the Client. Information passed in written form to QuinTech Solutions, 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.
6. RIGHTS AND RESPONSIBILITIES
6.1 Right to Terminate
QuinTech Solutions 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. Conflict of interest also applies.
6.2 Events Beyond the Control of QuinTech Solutions
QuinTech Solutions 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 QuinTech Solutions.
6.3 Supply and Pricing of Services
QuinTech Solutions 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.
This Agreement shall be governed by the laws of Canada, which shall claim venue and jurisdiction for any legal action or claim arising from the contract between QuinTech Solutions and the Client. The said contract is void where prohibited by law.
7.2 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.
Standard Terms and Conditions – QuinTech Solutions 2014