Sasnapps Custom Development Terms

The following terms and conditions document is a legal agreement between Sasnapps hereafter “Developer” and “Client” for the purposes of custom design or development. These Terms and Conditions set forth the provisions under which the Client may use the services supplied.

All terms stated in our Eula will apply to any modification made by Sasnapps to our software at the request of our customers.

Before purchaseing custom development services from Sasnapps we ask that customer contact us first.

 

ACCEPTANCE OF WORK

Quotations are valid for 7 days from date of issue.

When the Client places an order to purchase a web site or web site updates from Developer, the order represents an offer to Developer to purchase the web site or web site updates which is accepted by Developer only when an invoice is sent to the Client. No contract for the supply of services exists between Client and Developer until Developer sends an invoice to the Client for payment. The invoice equals acceptance by Developer (or third party supplier) of Clients offer to purchase services from Developer and this acceptance of work is a valid contract between Client and Developer regardless of whether Client receives the invoice.

Any other services on the order which have not been included in the invoice do not form part of the contract. The Client agrees to check the details of the invoice are correct and should print and keep a copy for their records.

Developer reserves the right to withdraw from contract at any time prior to acceptance.

 

PERMISSION AND COPYRIGHT

These terms of use grant a non-exclusive limited license so that the Client can use the design on one web site on one domain name only. The Client is not permitted to use a design/ software for more than one website/application without prior written agreement between the Client and the Developer. Client agrees that resale or distribution of the completed files in full or in part is forbidden unless prior written agreement is made between the Client and the Developer.

Asking for custom development will not void the EULA for Sasnapps.

MATERIAL

Developer reserves the right to refuse to handle: a) Any media which is unlawful or inappropriate; b) Any media which contains a virus or hostile program; c) Any media which
constitutes harassment, racism, violence, obscenity, harmful intent or spamming d) Any media which constitutes a criminal offence, infringes privacy or copyright e) Any other questionable
media at Developers own discretion

 

PAYMENT TERMS

All invoices must be paid in full within 15 days of the invoice date and Developer will carry out work only where an invoice has been paid by the Client for the work, unless otherwise agreed at Developers discretion.

Additional work requested by the Client which is not specified in the agreed quotation is subject to a separate quotation and Developer reserves the right whether to quote or accept additional work. If additional work is accepted by Developer may affect timescale and overall delivery time of the project.

 Developer reserves the right to decline further work on a project if there are invoices outstanding with the Client.

Client may request that the Developer cancel a project in writing by email or via Ticketing Sytem to Developer and the project is cancelled only if Developer confirms work has not been started on the project. If Developer has begun or completed the work and the Client no longer requires the files but have agreed to the work, they are still obliged to pay Developer for the work that has been carried out.

All invoices are submitted by email except where required otherwise by regulations or agreed at Developer's discretion.

 

LIABILITY AND WARRANTY DISCLAIMER

Developer provides their web site and the contents thereof on an "as is" basis and makes no warranties with regard to the site and its contents, or fitness of services offered for a particular purpose. Developer cannot guarantee the functionality or operations of their web site or that it will be uninterrupted or error free, nor does it warrant that the contents are current, accurate or complete.

The Client agrees Developer is not liable for any bugs, performance issues or failure of their, or third party, web-based software.

Developer endeavours to provide a web site within given delivery timescales to the best of it's ability. However, the Client agrees that Developer is not liable for any claims, losses, costs incurred or compensation due to any failure to carry out services within a given delivery timescale.

The Client agrees Developer is not liable for absence of service as a result of illness or holiday.

The Client agrees Developer is not liable for any failure to carry out services for reasons beyond it's control including but not limited to acts of God, telecommunication problems, software failure, hardware failure, third party interference, Government, emergency on major scale or any social disturbance of extreme nature such as industrial strike, riot, terrorism and war or any act or omission of any third party services.

Developer is not liable for any consequences or financial losses such as, but not limited to, loss of business, profit, revenue, contract, data or potential savings, relating to services provided. On handover of files from Developer to Client, the Client shall assume entire responsibility in ensuring that all files are functioning correctly before use.

 

Should Client goes into compulsory or involuntary liquidation or cannot pay its debts in the normal course of business, Developer reserves the right to cancel forthwith any projects and
invoice Client for any work completed.

Developer shall have no liability to the Client or any third parties for any damages, including but not limited to, claims, losses, lost profits, lost savings, or other incidental, consequential, or special damages arising out of the operation of or inability to operate these web pages or web site, even if Developer has been advised of the possibility of such damages.

 

INDEMNIFICATION

Client agrees to use all Developer services and facilities at their own risk and agree to defend, indemnify, save and hold Developer harmless from any and all demands, liabilities, costs, losses and claims including but not limited to attorney’s fees against Developer or it's associates that may arise directly or indirectly from any service provided or agreed to be provided or any product or service sold by the Client or its third parties. Client agrees this indemnification extends to all aspects of the project, including but not limited to website content and choice of domain name.

Client also agrees to defend, indemnify and hold harmless Developer against any liabilities arising out of injury to person or property caused by any service provided or agreed to be provided or any product or service sold by the Client or third parties, including but not limited to, infringement of copyright, infringement of proprietary rights, misinformation, delivery of defective products or services which is harmful to any person, business, company or organisation.

 

NON-DISCLOSURE

Developer and any third party associates agrees that, except if directed by the Client, it will not at any time during or after the term of this agreement disclose any confidential information. Likewise, the Client agrees that it will not convey any confidential information about Developer to another party.

 

English version prevails

In the event that this Agreement is translated into other languages and there is a discrepancy between the two language versions, the English language version shall prevail to the extent that such discrepancy is the result of an error in translation.

 

Mandatory arbitration; exceptions to mandatory arbitration, waiver of class action rights; limitations period; venue and choice of law.

You and Sasnapps agree that any dispute, claim or controversy arising out of or relating in any way to the Sasnapps Service or your use thereof, including our Agreement, shall be determined by mandatory binding arbitration  using the  American Arbitration Association

You agree that the laws of the United States (USA) governs the interpretation and enforcement of this provision, and that you and Sasnapps are each waiving the right to a trial by jury and the right to participate in a class or multi-party action. This arbitration provision shall survive termination of this Agreement and the termination of your Sasnapps service.

Where one or more terms of this 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.

This Agreement together with the Sasnapps Privacy Policy, EULA (the Agreements) constitutes all the terms and conditions agreed upon between you and Sasnapps and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral. Any additional or different terms or conditions in relation to the subject matter of these Agreements in any written or oral communication from you to Sasnapps are void. You agree and accept that you have not accepted the terms and conditions of this Agreement in reliance of or to any oral or written representations made by Sasnapps not contained in this Agreement.

 By accepting a quotation or making a payment of invoice to use the services supplied, the Client acknowledges to have read, understand, and accept the Terms and Conditions of this Agreement, and agrees to be legally binding by these Terms and Conditions.