Website Design & Development Terms, Conditions, Refunds & Cancellations
By placing an order with StrongCode, Inc., you confirm that you are in agreement with and bound by the terms and conditions below.
Preamble: We only develop on apache servers running on Linux. Use our recommended services and solutions for the best quality service and performance. We reserve the right to cancel and refund any order we deem out of scope of the primary products description or other development problems.
The Client : The company or individual requesting the services of StrongCode, Inc.
StrongCode, Inc. will carry out work only where an agreement is provided either by email, telephone, mail or fax. StrongCode, Inc. will carry out work only for clients who are 18 years of age or above. An ‘order’ is deemed to be a written or verbal contract between StrongCode, Inc. and the client, this includes telephone and email agreements.
Refunds & Cancellations
Website design is a software product, in order to protect our intellectual property, refunds can not be given on completed or in progress development. Refunds can not be given on services already rendered, once you make this purchase we begin work and invest time, we purchase and produce imagery and software applications of which we can not ourselves return based on it’s nature. These items when changed hands are non-returnable due to there nature. We guarantee you a delivered functional product as outlined in this entire agreement and can only issue refunds on a case by case basis.
Website Design & Development
Whilst every endeavor will be made to ensure that the website and any scripts or programs are free of errors, StrongCode, Inc. cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.
The website, graphics and any programming code remain the property of StrongCode, Inc. until all outstanding accounts are paid in full.
Any scripts, php scripts, or software (unless specifically agreed) written by StrongCode, Inc. remain the copyright of StrongCode, Inc. and may only be commercially reproduced or resold with the permission of StrongCode, Inc..
StrongCode, Inc. cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.
Any additions to the brief will be carried out at the discretion of StrongCode, Inc. and where no charge is made by StrongCode, Inc. for such additions, StrongCode, Inc. accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions.
The client agrees to make available as soon as is reasonably possible to StrongCode, Inc. all materials required to complete the site to the agreed standard and within the set deadline.
StrongCode, Inc. will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
StrongCode, Inc. will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner.
StrongCode, Inc. will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents.
StrongCode, Inc. will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents.
A typical deposit of 33% – 50% is required with any project before any design work will be carried out larger projects can be negotiated. Hourly rate projects incurr time for every aspect worked on a project wether it be email ,phone calls or anything else realted to the project or task.
Once project has been started no refunds can be given. There are no exceptions to this, i.e If the client decides they no longer want the site, as they have commissioned the work and paid a deposit they are still obliged to pay the balance in full. Non payment will result in legal action being taken if necessary.
Database, Application and E-Commerce Development
StrongCode, Inc. cannot take responsibility for any losses incurred by the use of any software created for the client. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use. All bug reports must be submitted in a timely manner such as 30 days.
Any scripts or software (unless specifically agreed) written by StrongCode, Inc. remain the copyright of StrongCode, Inc. and may only be commercially reproduced or resold with the permission of StrongCode, Inc..
Where applications or sites are developed on servers not recommended by StrongCode, Inc., the client is expected to provide or seek any information,additional software,support or co-operation pertaining to the server required in order for the application to be correctly developed. Where large applications are to be developed, it is the clients responsibility to provide a suitable testing environment which is identical to the final production environment.
The client is expected to test fully any application or programming relating to a site developed by StrongCode, Inc. before being made generally available for use. Where “bugs”, errors or other issues are found after the site is live, StrongCode, Inc. will endeavor (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief.
StrongCode, Inc. will endeavor to ensure that any developed/designed site or application will function correctly on the server it is initially installed in and that it will function correctly when viewed with the web browsing software and with Mozilla Firefox, Microsoft Internet Explorer Version 7,8 and Safari browsers. StrongCode, Inc. can offer no guarantees of correct function with all browser software except these most popular browsers.
Whilst StrongCode, Inc. hosts and recommends hosting companies to host websites, no guarantees can be made as to the availability or interruption of this service by StrongCode, Inc. cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss.
StrongCode, Inc. reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial, and also to terminate the hosting service should the necessity arise.
Payment of Accounts
It is the StrongCode, Inc. policy that any outstanding accounts for work carried out by StrongCode, Inc. or its affiliates are required to be paid in full, no later than 7 days from the date of the invoice unless by prior arrangement with StrongCode, Inc.. If the account has not been paid in 7 days the credit card on file will be charged.
Once work is completed or if a project is canceled, stopped or stalled by you , you are obliged to pay the balance of payment in full. A severely stalled project of more then 60 days may require price reassessment based on fluctuating market rates and conditions, if price negotiation is not acceptable depending on project status the deposit will be held or the balance may be required to be paid in full. We require you to utilize your design slot in a timely manner if your project is stalled it can be replaced last in Que.
If accounts are not settled or StrongCode, Inc. have not been contacted regarding the delay, access to the related website may be denied and web pages removed, we will then pass such cases to the Small Claims Court and DMCA takedowns to pursue payment, non payment will result in county court judgements (ccj’s) being added to the clients credit rating.
Following consistent non payment of an invoice our Solicitors will contact the client in question, with a view to taking the matter further and if need be to seek payment through legal procedures, and if necessary court summons with addtional charges equal to legal expences for time spent in the case for all employes , contractors and agents of Strongcode, Inc.
Anyone who experiences a problem with their web service provided by StrongCode, Inc. should raise the matter directly using our online contact form to do so, giving sufficient information to locate the material (such as an url) and clearly outlining the grounds for complaint.
StrongCode, Inc. will approach the individual responsible for the material in question with a view to resolving the matter to the satisfaction of the complainant.
Formal complaints procedure
The formal complaints procedure should only be used where the complainant feels that the nature of the complaint is too serious to be dealt with informally, or where a satisfactory conclusion has not been reached after following the informal procedure.
A formal complaint should be made in writing to StrongCode, Inc., who will acknowledge receipt and ensure that the matter is looked into as soon as possible.
An initial response to any complaint can be expected within 1 day of its receipt; a full and considered response to the complaint should be completed within 30 days and any subsequent remedy implemented with the minimum of delay.