Before signing up for our website design services, please read this page carefully. You can see our general terms and conditions here.
When you sign up for our website design services you agree to be bound by these terms and conditions.
You agree that as our customer, you the client have the power and ability to enter into this contract on behalf of your company or organization. You agree to provide GBCONCEPTS ONLINE SERVICES with everything that we need to complete the project including text, images and other information as and when we need it, and in the format that we ask for. You agree to review our work, provide feedback and sign-off approval in a timely manner too. You will also be bound by any dates and deadlines that we set together as we too are bound to do.
You also agree to stick to the Payment schedule set out at the end of this document.
We (GBCONCEPTS ONLINE SERVICES) have the experience and ability to perform the services you need from us and we will carry them out in a professional and timely manner. Along the way we will endeavour to meet all the deadlines set (in this case, to design your website up to the review stage within 30 days from date of initial payment also referred to as Effective date and finish everything about the design in about 90 days from Effective Date for dynamic websites) but we cannot be responsible for a missed launch date or a deadline if you or your designated representatives have been late in supplying materials or have not approved or signed off our work on-time at any stage or continuously introduce new details, features or variations aside from that which was agreed on as at Effective Date. We cannot also be responsible for missed deadlines arising from governmental or regulatory actions, strikes, demonstrations or lockdowns, natural or acts of God or Internet service provider downtimes.
We will maintain the confidentiality of any information that you give us.
Based on our experience, we guarantee that we can design and deliver your website in record time.
However, it is important to note that websites differ in size and complexity. Therefore, we set a minimum design and delivery date of 90 working days for dynamic database driven websites and 30 working days for static websites.
For complex custom websites with custom codes, features and functionalities, minimum delivery date may range up to six (6) months.
Premised on this, client is advised to monitor and review progress of their websites on the test subdomain or server provided.
Please note that in certain instances, we may not provide client with a test subdomain or server depending on hosting plan acquired and other considerations.
GBConcepts Online ensures that all our clients are satisfied with our services by delivering prompt and timely services. Consequently your websites can be designed and hosted within seven working days from the date of commencement of work on the project (applies to small websites of less than 10 pages only). We may continue working on a site from the date of hosting and uploads until 60 days without client providing any content(s). This is done to ensure that all our clients can provide all relevant details and changes as they may desire.
However, it should be noted that GBConcepts online cannot work on a website in perpetuity and reserves the right to suspend work on any website that the owner(s) fail(s) to provide enough materials or details to complete the website within 60 days from the date it was hosted. Such websites will be considered as COMPLETED and FINISHED by GBconcepts Online. Any further alterations or modifications on the site will be charged on a per update, monthly or annual contract basis.
AS SUCH GBCONCEPTS ONLINE SHALL NOT BE LIABLE TO YOU OR YOUR BUSINESS FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR LOST OR IMPUTED PROFITS OR ROYALTIES ARISING OUT OF THIS AGREEMENT OR ANY GOODS OR SERVICES PROVIDED, WHETHER FOR BREACH OF WARRANTY OR ANY OBLIGATION ARISING THEREFROM OR OTHERWISE, WHETHER LIABILITY IS ASSERTED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT PRODUCT LIABILITY) AND IRRESPECTIVE OF WHETHER YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE. EACH PARTY HEREBY WAIVES ANY CLAIMS THAT THESE EXCLUSIONS DEPRIVE SUCH PARTY OF AN ADEQUATE REMEDY
DETAILS OF PROJECT
We will create websites that are either dynamic and database driven or static with international standard features and functionalities in accordance with prevailing global web design trends.
This contract includes one main design and another design on a subdomain. Development will be done on the subdomain and client has the freedom to review the progress of work and provide inputs as we work. Once design on subdomain is completed and client does not object to the design, look and feel of the website, it will then be migrated to the main server as the main design and the subdomain deleted from the server. Where client is not happy with the designs at this stage, client will pay us in full for all of the work that we have produced until that point and client may either cancel this contract or continue to commission us to make further design revisions at an agreed cost.
The domain name(s) belongs absolutely to the client. We only register the domain on behalf of the client. Where occasion demands, we register the domains in our names and with our details, but where the client so expresses the desire, the domains are registered with the clients details. In some instances, clients may be asked to provide certain identification or company documents before we register their domains as per ICANN, NIRA, WHOIS or Registrar regulations and requirements etc.
The client has unrestricted access to his/her domain(s). Where domains are registered under our bulk domain platform, clients are not given login access to the domains dashboard, but they still own the domain nonetheless and we provide the client with their EPP Codes whenever required free of charge except where the client is owing as in cases of auto-renewals of domain, ICANN and WHOIS fees.
The domain belongs to the client as long as the payment period is valid and not expired.
Expired domains are subject to cancellation, deletion or resale by us, the registrar or other interested individuals.
Expired domains have a short grace period as per applicable international laws within which client can renew it before it is deleted.
We may charge administrative fees before renewal, recovery or repurchase of expired domains (if available).
Note: It is better, cheaper and easier to renew your domain before expiration than after expiration.
Hosting services and servers belongs to the developer/Solutions provider (GBCONCEPTS ONLINE SERVICES) except where client purchases a dedicated Server or owns his own server.
As a client on our platform you do not have unlimited access to the hosting server or its root configurations, you only have access rights to your own Control Panel. Client has access to the hosting control panel as long as payment period is valid.
Client loses rights of access to the hosting server once hosting expires and renewal fees are not paid. Where client defaults in payment for hosting services or design services or admin services or other agreed costs, we (GBCONCEPTS ONLINE SERVICES or its subsidiaries) reserve the rights to suspend the website until payment is made. Where client abuses the hosting privileges or contravenes the terms, we also reserve the rights to suspend, take down or delete client’s account to safeguard our servers and the accounts of other clients. (Abuse or contravention of hosting terms is detailed at http://gbconcepts.net/tos.php and http://gbconcepts.net/tos)
DATA AND/OR DATABASE
The data belongs to the client. You will always have access to your data and database via your control panel. While you manage the data, website or databases, client reserves the right to modify or change or alter the data in the website or database so long as client knows or understands what client is doing. Where client breaks the code, database or website, we charge administrative or redesign fees to rectify the issues.
The codes are the intellectual property of the developer. You are paying for a service and not our codes (unless client requires the codes, whereby we charge a separate fee). Where a client’s project requires the use of licensed plugins or codes, clients will be duly informed in the course of the development either to purchase rights to the plugins, continue the subscription or forfeit the rights to the service provided by the plugin (or use a free version if available).
Where codes are developed exclusively for clients, client retains ownership of the codes. All third-party codes, themes or templates remain the property of their respective owners or subject to their applicable licenses.
We will test all websites in current versions of all major browsers including those made by Apple, Microsoft, Mozilla and Opera. We will also test to ensure that pages will display visually in a similar, albeit not necessarily an identical way, in Microsoft Internet Explorer 7 for Windows. We will create mobile compatible and responsive websites. We will not test our designs in old or outdated browsers or non-standards compliant browsers, for example Microsoft Internet Explorer 5, 5.5 or 6 for Windows or Mac, previous versions of Apple’s Safari, Mozilla Firefox or Opera unless otherwise specified. We do not guarantee that the website will display, render or work as expected in these old or outdated browsers
If client needs to display the websites in these old browsers, client will be charged a fee to create compatibility hacks or codes for such browsers.
The rights to the concept and design are exclusively ours except where client so desires and requests that we do not replicate same or similar design for another client. Client is expected to pay for that.
All data and graphics provided by us remain ours or the copyrights of their respective owners. All third-party licenses and logos are the property of their respective owners.
PHOTOGRAPHS AND TEXT
If needed, you will supply us photographs either in digital or printed format. If you choose to buy stock photographs we can suggest vendors of stock photography. You also agree to provide us with soft copies of your text when needed in any format we require.
MAINTENANCE AND MANAGEMENT
It is our duty to ensure that your webserver is always running based on our 99.9% uptime guarantee. It is our duty to ensure that at the root level, server and data integrity and security are maintained.
It is the duty of client or their designated admins to ensure that their website is safe and running once completed and handed over. Server, data or database backups are the responsibility of client except where we are contracted to do so.
Except where contracted to do so, we do not administer websites after design and hand over. (Handover refers to when final payment is made by client and we provide client with login credentials to the Server Control Panel and Website Admin Dashboard in the case of dynamic websites). Where client or their designated admins cause a malfunction or compromise of their websites or server security, the client bears the cost of the correction.
You can read our Comprehensive Terms and Conditions at http://gbconcepts.net/tos
Where client does not have a qualified admin to manage the website, client can contract the website management to GBCONCEPTS ONLINE SERVICES. Client can also appoint or designate an admin for website management and administration training by GBCONCEPTS ONLINE SERVICES for a fee.
CHANGES, REVISIONS AND UPDATES
We know from plenty of experience that fixed-price contracts are rarely beneficial to clients, as they often limit you to your first idea about how your project should look, or how it might work. We do not want to limit either your options or your opportunities to change your mind. Consequently, should client require changes or revisions or updates after the completion of the website, client will be charged a fee. Such a Fee is negotiable. Client is or will be required to put such requests in writing for proper documentation.
You guarantee to us that any elements of text, graphics, videos, audios, photos, designs, trademarks, or other artwork that you provide us for inclusion in the web site are either owned by you or your organisation, or that you have permission to use them.
When we receive your final payment, copyright is automatically assigned as follows:
- You own the graphics and other visual elements that we create for you for this project. These files you can find at the relevant directories or folders in your website. We are not required to keep backup copies of your files or provide any native source files that we used in making them.
- You also own text content, photographs, videos, audios and other data you provided, unless someone else owns them. We own the XHTML markup, CSS and other code and we license it to you for use on only this project.
- We handover the Server Control Panel Login Credentials (Hosting), Website Admin Login Credentials (Website Design), Domain Credentials (where applicable), Database Credentials (where relevant) or other passwords (where relevant). It is the responsibility of client to safeguard client’s platform login credentials.
- We love to show off our work and share what we have learned with other people, so we also reserve the right to display and link to your completed project as part of our portfolio and to write about the project on web sites, in magazine articles and in books about web design, our blogs, social media or peer review platforms.
- When you contract us to manage your websites, we retain the rights to create additional admin accounts, change or create new passwords and assign high level admin privileges to such accounts for ease of administration.
We require a 75% down payment before commencement of any design for client.
Subsequent payments are scheduled in agreement with client as design progresses or as milestones are attained.
On completion of design, client agrees to pay up all outstanding fees before hand-over of website to client.
Where client fails to pay as at when due, Client agrees that we reserve the rights to suspend client’s websites for non-payment in lieu of interest surcharges or both until payment of all outstanding fees, interests and surcharges are made.
Client may require, request or order more products or services from GBCONCEPTS ONLINE SERVICES separate or in connection to this project in future and such services or products shall be negotiated independently of this contract and shall be charged independently of this contract.
We cannot guarantee that the functions contained in any web page or in a completed web site will always be error-free and so we cannot be liable to you or any third party for damages, including lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate this web site and any other web pages, even if you have advised us of the possibilities of such damages.
If any provision of this contract shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
Client agrees not to transfer this contract to anyone else without our permission.
If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts of it remain in place.
Should client require more services from GBCONCEPTS ONLINE SERVICES, a new agreement shall be entered into and shall not in anyway invalidate the provisions of this contract but can however complement the provisions of this contract.
This contract is a legal document under exclusive jurisdiction of Nigerian courts.