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Website Development Terms and Conditions
Updated May 3, 2019

A. Late Payments

Any payments not made within the specified Due Date on the invoices shall incur a LATE PAYMENT FEE equivalent to Three Percent (3%) on outstanding balances due each month or a fraction thereof until paid. Should there be a need for iManila to take legal action for payments of outstanding invoices, the Client shall reimburse iManila for all legal fees and additional costs incurred by such actions.

 

B. Delivery

30 to 90 working days, upon receipt of initial payment and subject to provision of text and image content by Client. Day one (1) of this delivery schedule starts on the submission of ALL content (text and images) by client.

C. Text and Image Content

The Client will be given up to 10 working days to access their individual portals for submission of text and image content. After 10 working days, the client will no longer be able to upload additional content into the portal. Upon this deadline, no further additional content will be accepted by iManila. Additional content for upload may be subject to additional charges.

Any content provided by the Client either in text or image format shall be uploaded as is. Images are to be provided in DIGITAL format with an optimum size of 3000 pixels. Text shall also be provided in DIGITAL format (text or doc). There will be no editing of submitted content. Editing of copy and/or images are subject to additional charges.

Should the client need Content Writing Services or Photography Services outside of this engagement, iManila shall present a separate proposal covering the requested deliverables.

 

D. Client Responsibility

iManila will review all artworks, designs and specifications according to the directive and business objectives of the client. However, it is also the client’s responsibility to review and approve all artworks, designs, specifications and all final materials.

The Client shall identify a main point person for the project, through whom all project-related matters will be coursed. This main point person is responsible for securing sign-offs on Change Order Requests and acceptance of deliverables from the Client’s end. iManila shall not accept any requests from the Client without the proper endorsement and approval of the identified point person. By signing the conforme of this proposal, the Client understands that requests outside the scope of this engagement are considered as Change Request Orders (CRO) and that these changes will have implications on the timing and costs of the project.

iManila strictly abides by the timeline agreed upon by both parties. Part II. Project Timeline outlines the different responsibilities of the Client, which includes, but is not limited to the following:

· Phase 1: The Client will be given up to 10 working days to submit and upload all text and image content to their individually assigned portal.

· Phase 2: The Client will be given up to 5 working days to review their sitemap and to give their feedback regarding this.

· Phase 3: The Client will be given up to 5 working days to review and give feedback regarding the website mock-up design.

· Phase 6: The Client will be given up to 5 working days to review and give feedback regarding the Developmental Site.

· To officially close the project, the Client will be given up to 3 working days to receive and sign the Acceptance Letter. No feedback or response from the Client within 3 working days will automatically deem the project as closed and billable for the remaining 10% balance.

 

Should there be any delays in feedback from the client’s end, iManila will consider the project on-hold. In cases when a project is put on-hold and in situations where the Client cannot provide any content or feedback and voluntarily opts to put the project on-hold, the project shall be put at the end of the queue against all other projects currently being delivered by iManila and the client will have to wait for the next available slot in order to proceed with the project timeline and deliverables.

 

E. Terms

The project has a fixed contract term of 90 working days from the acceptance of this agreement and the initial payment. In the event of contract termination prior to the completion of the project or delays beyond the allocated 90 working days due to no fault of iManila, all payments are demandable and shall be forfeited in favor of iManila. If Client fails to provide the necessary content (text and images) within the fixed 90 working day contract term, then all payments made, as well as work done, shall be demandable and forfeited in favor of iManila.

F. Meetings

iManila strictly abides by the timeline agreed upon by both parties, and implements coordination online to save time on travel for meetings. However, in lieu of the events when the client needs a face-to-face meeting, iManila allows a maximum of two (2) out-of-the-office meetings with the client. The rest of the necessary meetings can be done online via Skype, Viber, Google Hangouts or whichever is applicable for both parties.

Should the client wish to hold further meetings beyond the allowable out-of-the-office meeting cap, the client shall pay the man-hour rate of Php1,000/man-hour plus out-of-pocket expenses incurred by the development team members required in the meeting. The amount shall be billed accordingly to the client.

 

G. Revisions

The client fully understands that iManila implements one (1) collated content revisions in Phase 6 - User Acceptance Testing and Content Revision. Any additional design changes, functionalities, re-layout, to the approved project parameter after the developmental website publication may require additional charges based on Change Request Orders (CRO) which shall be quoted at Php 1,000.00/man-hour.

 

H. Annual Renewal Fees

All annual renewal fees (i.e., Hosting, Domain Name, SSL Certificate, Web Maintenance, etc.) will be billed automatically upon the expiry, unless there is a 30-day notice to the contrary. These renewal rates are subject to change without prior notice.

I. Limited Liability and Intellectual Property Rights

Any material submitted for web publication shall be the full responsibility of the client and will not contain anything that may lead to an abusive or unethical use of the Internet. All images and content published on the Internet should be rightfully owned and/or licensed to the customer. Abusive and unethical material and uses include, but are not limited to, pornography, obscenity, nudity, violations of privacy, computer viruses, harassment, any illegal activity, spamming, advocacy of illegal activity, and any infringement of privacy.

J. Mobile Responsiveness Limitations

This service is for a Mobile Responsive website only . It is a single website which adapts to different browser views. There will be some design compromises since the website will be rendered dynamically depending on the browser type and size of the device. Your website will not display identically across different devices and software versions (Internet Browser and Operating System OS). We will test the mobile responsiveness of the website in current and updated versions of all major browsers including those made by Apple, Microsoft, Mozilla and Google. We will also test to ensure that pages will display visually in a similar, albeit not necessarily an identical way, in Microsoft Edge for Windows.

However, we will not test and will not guarantee that they will publish correctly in browsers or Operating Systems that are 2 versions older than the current version. Neither will be guarantee their appearance in abandoned browsers such as Microsoft Internet Explorer 5, 5.5,6, 7, and 8 for Windows or Mac, previous versions of Apple's Safari, Mozilla Firefox or Google Chrome for desktop and mobile unless otherwise specified. If you need to show the same or similar visual design to visitors using these older browsers, we will charge you at our agreed man-hour rate set out in our original estimate for any necessary additional code and its testing.

If there is a need to have a Mobile version of the website which is a separate site, additional charges will apply.

 

K. Exclusivity

The final creative product becomes the exclusive property of the client, upon approval and acceptance. Any other work created and developed by iManila in the course of the project remains the property of iManila.

 

L. Warranty

Fifteen (15) working days warranty on the WordPress Theme coding from time of live publication. We shall provide free debugging during the warranty period, however, re-designs, re-coding or re-layouts shall be billed additional charges based on the rates. The WordPress themes provided are developed for the latest WordPress version and as such is not guaranteed to work for future versions. We cannot guarantee the phase out period for the WordPress version supported. Note however, that if you are utilizing a third-party hosting service, any compatibility issue that you may encounter will not be covered by the fifteen (15) working day warranty period.

M. Hosting

iManila guarantees 99.5% network uptime for all subscribers of a solution with a network connection included. *See www.imanila.ph/terms for more details

In the event that the website will be hosted to a 3rd party hosting provider, the following shall apply:

a. All remaining balance is paid prior to the website publication.

b. Any website issue from the 3rd party hosting provider (website performance, functionalities, design, etc) that are not present from the developmental server will not be considered as a bug. Troubleshooting procedure can be implemented but may incur facilitation charges for server side isolation and configuration.

 

N. Backup and Restoration

With the iManila Hosting with WP Security Bundle, back-up and restoration is automated using the CodeGuard® Cloud-based website back-up service. This service automatically monitors and back-ups with 90-day retention of your website and allows quick client administered restoration from backups. In partnership with SiteLock® Website security, you website is essentially protected from intrusion and downtime. This service is provided FREE for the 1st year and will be automatically renewed for succeeding years.

If iManila will do the restoration from CodeGuard® backup service, this shall be charged at a fee of Php 1,500.00 per instance. Other support services are available at additional fees.

If the Hosting service is not renewed after the initial 1st year, back-up and restoration shall be the client’s sole responsibility.

O. Exclusions

iManila’s accountabilities will be limited to the deliverables outlined in this proposal. Here is a list of optional services that may be availed of from iManila:

● Hosting

● Domain Name Registration / Renewal

● SSL Certificates

● Mobile and Web Applications Development

● Graphic Design and Image Editing

● Social Media Management

● Search Engine Optimization

● Search Engine Marketing

● Content Marketing

● Technical Support Services

Should the client need other services outside of this engagement, iManila shall present a separate proposal covering the requested deliverables.

 

P. Web Maintenance

iManila provides Web Maintenance Services for its Standard, Customized and eCommerce WordPress development projects. The Web Maintenance Service is for the content uploading and CMS support during office hours: Mondays to Friday, 9:00 am to 6:00 pm.

Should the Client need Web Maintenance Services outside of this engagement, iManila shall present a separate proposal covering the requested deliverables.

 

Q. Support

For technical support on Hosting and Email, we provide 24/7 support by phone (+632 3 4900000), email [email protected] and chat.

Kindly take note that iManila’s technical support is not available to address issues that may arise should the client avail of a third-party web hosting service or when the client opts to host their website on their own servers.

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