General Work Terms and Client Responsibilities & Liabilities
The client is accountable for providing all website content, including text and multimedia, to Carmaguzo before the project begins.
The client is solely responsible for creating a comprehensive backup of their website's content before granting authorization for Carmaguzo to proceed with the agreed-upon work. Carmaguzo will not be held liable for any loss or damage to existing data under any circumstances.
The contract absolves Carmaguzo from any obligations concerning data entry, web hosting, or custom artwork/graphics unless these tasks are explicitly defined, compensated for, and mutually consented to by both parties. Any artwork, images, or text produced or supplied by Carmaguzo on the client's behalf will be regarded as the property of Carmaguzo and/or its suppliers, unless expressly specified and mutually agreed upon otherwise.
The agreement releases Carmaguzo from any responsibilities concerning data entry, web hosting, or custom artwork/graphics unless these tasks are explicitly specified, paid for, and mutually agreed upon by both parties. Any artwork, images, or text created or provided by Carmaguzo on behalf of the client will be considered the property of Carmaguzo and/or its suppliers unless otherwise explicitly stated and mutually agreed upon.
Carmaguzo will offer the client the opportunity to review the website's design and content during the design process and upon its completion. Carmaguzo will expect feedback from the client for a period of 7 days regarding the work and materials presented. If the client does not provide a response within this timeframe, the materials will be considered accepted and approved by the client automatically.
The client maintains the copyright to the data, files, and graphic logos they provide, and they grant Carmaguzo the rights to publish and use this material. The client is responsible for obtaining the required permissions and rights for the use of any copyrighted information or files owned by third parties. Additionally, the client must provide Carmaguzo with the necessary permissions and rights to use this material and agrees to indemnify and release Carmaguzo from any claims that may arise due to the client's negligence or failure to obtain proper copyright permissions. The web design and/or placement contract serves as an assurance by the client to Carmaguzo that all necessary permissions and authorizations have been secured. Proof of these permissions and authorizations may be requested.
Carmaguzo will not assume responsibility for any changes or modifications made to the client's website by the client or any third party after the website has been installed or deployed. These modifications may encompass additions, adjustments, deletions, or other alterations. In the event that issues arise as a result of such modifications, Carmaguzo may necessitate a one-time web development fee to address and rectify these issues.
Payments
Carmaguzo accepts payments via credit cards. Please note that we maintain the right to reject payments made through any of these methods without prior notice. Furthermore, we reserve the right to alter our prices and cease specific payment methods at our discretion, without prior notification. In the event a customer terminates our service before its fulfillment, a cancellation fee may be assessed. This fee will be proportionate to the work completed up to the point of cancellation. Failure to remit payment for the cancellation fee and any outstanding amounts may lead to legal action, if deemed necessary.
Our project progresses through multiple stages, and the commencement of the next stage is contingent on receiving the agreed-upon payments for the preceding stage. Upon completion of our service, the website will be uploaded to the customer area of the server for your evaluation and endorsement. Once you provide your approval, the website will be transferred to the destination server for hosting. It's essential to acknowledge that Carmaguzo retains the right to postpone the website upload until we have received full payment for our services. All the code and materials produced during the project will be transferred to you upon the project's completion and your final endorsement. Ownership of the code will be transferred to you after the final payments have been settled.
Support and 3rd-Party
Following the launch of your website, we extend complimentary support for the first month. Following this initial one-month period, we offer customized support packages tailored to meet your specific needs, with a range of pricing choices accessible. Opting for a higher-tier support package may additionally make you eligible for attractive discounts. It's important to note that our support services include bug fixes and email assistance but do not cover matters related to website architecture, rule alterations, or add-ons/enhancements.
The client is fully responsible for any third-party support, products, or services utilized or integrated into the site, including aspects related to licensing, payment, copyright, and similar considerations. The client must independently arrange and secure such services or may choose to delegate this responsibility to Carmaguzo, provided they make pre-payment for the associated expenses. Please note that the fees charged by Carmaguzo do not include any out-of-pocket costs or reimbursements related to third-party products or services.
Carmaguzo does not offer any guarantees or warranties regarding the accuracy or performance of third-party products or services. Any warranties or assurances related to these third-party products or services should be sought directly from the relevant providers.
Carmaguzo does not include upgrades of third-party products or services as part of the project's scope. Any upgrades or updates to these third-party products or services will be considered separate tasks and may necessitate modifications to the project's timeline and cost, as determined by Carmaguzo.
Re-work, Enhancements/Add-ons and Billing
Any additional features or modifications to the project scope that were not initially included will be evaluated through a Change Management process, and they may involve additional fees. Changes to the project scope after the wireframe sign-off stage may lead to additional costs and timeline adjustments. These changes will be discussed and mutually agreed upon by both parties before they are implemented.
Although we strive to accommodate most changes within the site's budget, certain modifications may be considered enhancements or add-ons to the system and could result in additional charges. We will notify you in advance if any of these items require work and will incur additional costs.
Client requests for revisions, alterations, or modifications after approval and/or after progressing to the next stages of the project process will be treated as additional work and may involve additional fees. These changes will be deliberated and mutually agreed upon before implementation.
The client is obligated to make payments to Carmaguzo in their entirety, without any deductions, discounts, or debt settlements, by the agreed-upon due dates.
Limitations of Liability
Carmaguzo will exercise reasonable skill and care in delivering the Service. Nevertheless, we do not provide any representations and disclaim all warranties, whether explicit or implied, concerning the availability, quality, accuracy, timeliness, comprehensiveness, performance, or suitability of the Service.
Carmaguzo hereby absolves itself, its employees, and agents from any responsibility for losses or damages arising from inaccuracies, omissions, delays, or errors in the production of the website, regardless of whether they result from negligence or other factors. We also deny any responsibility for the loss or damage of client-provided artwork, photos, data, or content intended for the site, regardless of whether the loss or damage occurs due to negligence or other factors.
Except in cases of death or personal injury resulting from our negligent acts or omissions, we shall not be liable for any damages, whether arising in contract, tort, or any other legal theory, related to losses or damages arising from this Agreement or the operation of the Service. We will not be responsible for any direct, indirect, or consequential damages in contract or tort, including but not limited to loss of profit, loss or damage to property, or claims made by third parties.
Carmaguzo cannot provide guarantees for the services offered by third-party organizations, and we will not be held accountable for any service failures caused by third parties.
Approvals and Delivery
The project will be divided into multiple stages, and work on the next stage will commence only after receiving approval and the corresponding payments for the previous stage, as specified in our agreement.
Upon the completion of the service, which includes website design and/or development, the website will initially be uploaded to the Customer area on Carmaguzo's server for the Client's review and approval. After receiving the Client's approval, the website will be transferred to the destination server where it will be hosted. It's important to note that Carmaguzo retains the right to delay the website upload until full payment has been received.
All code and materials created throughout the project will be handed over to the client upon the project's completion and after obtaining all the required sign-offs. The ownership of the code will be transferred to the client once the final payments have been received.
Carmaguzo reserves the right to use the completed work and/or the final deployed product or website as references for potential clients. If the client wishes to restrict such publication, they must inform Carmaguzo in advance and obtain the necessary approvals for these restrictions.
Timescale
Carmaguzo will make every effort to complete all services within the agreed-upon timeframe. The timeline will begin upon receipt of both the agreed deposit and all website content from the Customer.
Carmaguzo may need to extend project timescales in cases where circumstances beyond its control necessitate such an extension.
Miscellaneous
Carmaguzo will not be held liable for any loss or damage resulting from your use of our services. If you are not satisfied with our website or services, you have the option to discontinue using or accessing our website at any time. These terms and conditions are governed by state laws and constitute an agreement between you and Carmaguzo. By accepting these terms, you agree that any legal action arising from the Terms of Use will be heard in the appropriate court. We reserve the right to terminate any of the rights granted by these Terms of Use, and you must comply with any termination notice by discontinuing the use of our website. We are not obligated to review any information, content, messages, or communication materials sent to or through the website by users, and we assume no responsibility or liability related to such messages, information, or content.
Changes to Terms of Use
We retain the right to add, modify, amend, or remove any part or the entirety of these Terms at any time, with or without prior notice to you. We recommend that you regularly check these Terms for any revisions. Your ongoing use of our website or services indicates your acceptance of the revised Terms.
How To Contact Us
If you have any queries or feedback for our Website or Services, you can email us at: contact@carmaguzo.com.