Terms of Services

The following terms constitute a legal agreement between you and ExD, where we outline the details of our business relationship.

The responsibility for providing all site content, including text and multimedia, rests solely with the client. This content must be provided to ExD before work begins.

The client is required to back up all site content before ExD commences work. ExD will not be held liable for any loss or damage to existing data under any circumstances.

This contract does not make ExD responsible for data entry, web hosting, or any custom artwork/graphics tasks unless specifically mentioned, paid for, and agreed upon by both parties. Any artwork, images, or text supplied and/or designed by ExD on behalf of the client will remain the property of ExD and/or its suppliers unless otherwise agreed.

Although ExD will make every effort to meet estimated delivery times, there may be occasions where timelines need to be extended due to unforeseen circumstances such as deployment issues, third-party dependencies, development bottlenecks, emergency resource unavailability, or communication delays.

ExD will provide the client with opportunities to review the website's appearance and content during the design phase and upon completion. ExD will await feedback for 7 days after sharing the work with the client. If no feedback is received within this period, the work will be considered automatically approved by the client.

The client retains the copyright to data, files, and graphic logos provided and grants ExD the rights to publish and use such material. The client must obtain all necessary permissions and rights to use any third-party copyrighted material and indemnify ExD from any claims arising from the client's failure to obtain proper copyright permissions.

ExD will not be responsible for any changes made by the client or a third party to the client's website after deployment. Such changes may include additions, modifications, or deletions. ExD may charge a one-time web development fee to address any issues that arise due to these alterations.

If the client cancels the service before completion, a cancellation fee may be charged, equal to the amount of work completed at the time of cancellation.

Non-payment of the cancellation fee or any overdue amount may result in legal action if necessary.

Support and Third-Party Services

Following the site launch, ExD provides free support for one month. After this period, support is charged according to various pricing packages tailored to the client's needs. Discounts may be available for higher-tier packages. Support covers bug fixing and email support only and excludes issues related to site architecture, rule changes, or enhancements.

ExD provides no guarantees or warranties for the accuracy or performance of third-party products or services.

Upgrades to third-party products or services used in the project are not covered under ExD's scope. Such upgrades will be addressed as feasible, and price and time adjustments may be necessary.

Re-work, Enhancements/Add-ons, and Billing

Any additional features not originally included in the scope of work will be handled through a change management process and billed accordingly. Scope changes after wireframe approval will incur additional costs, and the timeline for delivery may be extended.

While ExD strives to accommodate most changes within the site's budget, some changes may be classified as enhancements or add-ons and will be chargeable. Clients will be informed of any such charges before work begins.

Requests for re-work, changes, or tweaks by the client after approval or subsequent project stages may be considered add-on work and billed additionally.

The client must pay ExD's fees in full, without deductions, discounts, or offsets, by the agreed due dates.

Limitations of Liability

ExD will use reasonable skill and care in providing the service but makes no representations or warranties, express or implied, regarding the availability, quality, accuracy, timeliness, completeness, performance, or fitness of the service.

ExD, its employees, and agents exclude all liability for loss or damage caused by inaccuracies, omissions, delays, or errors in the production of the website, whether due to negligence or otherwise. ExD also excludes liability for loss or damage to the client's artwork, photos, or content supplied for the site.

Except in cases of death or personal injury caused by ExD's negligence, ExD shall not be liable for any damages arising from contract, tort, or otherwise in connection with this agreement or the operation of the service. ExD will not be liable for any direct, indirect, or consequential damages, including loss of profit, property damage, or third-party claims.

ExD cannot guarantee the services of third-party organizations and will not be held liable for any failures in services provided by third parties.

Approvals and Delivery

The project will proceed through various stages, with work on the next stage beginning only after receiving approval and payment for the previous stage as agreed.

All code and materials developed will be transferred to the client upon project completion and final sign-offs. The client will own the code after final payments are made.

ExD reserves the right to publish and use the completed work, including the final deployed website, as a reference for other potential clients. If the client requires confidentiality, they must notify ExD in advance and obtain proper approvals.

Severability

If any provision of this agreement or order is found to be invalid, illegal, or unenforceable, the remaining provisions will remain in effect. The invalid provision will be replaced by a mutually acceptable, valid, legal, and enforceable provision that closely aligns with the intent of the original provision.