TERMS and CONDITIONS
The following Terms and Conditions of Service apply to all products and services provided by Rougarai System Technologies (RST).
At the time of proposal, Rougarai System Technologies Corp. will provide the customer with two (2) copies of the written Quotation. The Terms and can be read on Rougarai website. One copy is to be signed and dated by the customer to indicate acceptance and should be returned to RST. No work on a project will commence until RST have received this document. The second copy is to be retained by the customer.
Charges for design services such as web, logo, brochures, posters and the like to be provided by RST, will be set out in the written Quotation that is provided to the customer. At the time of the customer's signed acceptance of this Quotation, indicating acceptance of the Terms & Conditions, a non-refundable deposit of 50% of the quoted fee will become immediately due. Work on the project will not commence until RST has received this amount.
Charges for Other Services
Charges for any additional services over and above design, will become fully payable (100% of the quoted amount) at the time of Quotation acceptance.
The customer will be provided with an Approval Form and Invoice prior to final publication. At this time the remaining amount due will become payable and the customer will also be required to sign and return the Approval Form to RST. Accounts that remain outstanding for 30 days after the date of invoice, will incur an extra charge of 1.5% per month of the outstanding amount.
Payments may be made by cash, cheque, or deposit to WAM bank account (over the counter). Publication and/or release of work done by RST on behalf of the client, will not take place before cleared funds have been received. Returned cheques will incur an additional fee of USD$30.00 per returned cheque. RST reserves the right to consider an account to be in default in the event of a returned cheque.
Web Design Project Completion
RST considers the design project complete upon receipt of the customer's signed Approval form. Once web design is complete, RST will provide the customer with the opportunity to review the resulting work. Rougarai System Technologies will make any minor changes at no extra cost within 30 days of the start of the review period. Minor changes include small textual changes and small adjustment to placement of items on the page. It does not include changes to forms, or any navigational features. Any minor changes can be notified to RST by phone call, or e-mail.
Rougarai System Technologies will consider that the client has accepted the original draft, if no notification of changes is received in writing from the customer, within 30 days of the start of the review period.
Any indication given by RST of a design project's duration is to be considered by the customer to be estimation. RST cannot be held responsible for any project over-runs, whatever the cause. Estimated project duration should be deemed to be from the date that cleared funds are received by RST for the initial payment.
The customer agrees to supply RST with all necessary materials, electronic, or otherwise, required to create and complete the project, and to supply them in a timely manner.
An account shall be considered default if it remains unpaid for 30 days from the date of invoice, or following a returned cheque. RST shall be considered entitled to remove the customer's material from any and all computer systems, until the amount due has been fully paid. This includes any and all unpaid monies due for services, including, but not limited to, hosting, domain registration, search engine submission, design and maintenance.
Removal of such materials does not relieve the customer of its obligation to pay the due amount. Customer's whose accounts become default agrees to pay RST reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.
Copyrights and Trademarks
By supplying text, images and other data to RST for inclusion in the customer's web, or other medium, the customer declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the customer, or rightful copyright or trademark owner.
Any artwork, images, or text supplied and/or designed by RST on behalf of the customer, will remain the property of RST and/or its suppliers.
The customer may request in writing from RST, the necessary permission to use materials (for which RST holds the copyright) in forms other than for which it was originally supplied, and RST may, at its discretion, grant this. Such permission must be obtained in writing before it will allow any of the aforesaid artwork, images, text, or other data to be used.
By supplying images, text, or any other data to RST, the customer grants RST permission to use this material freely in the pursuit of designing the customer's web. Should RST, or the customer supply an image, text, audio clip or any other file for use in a web site believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, the customer will agree to allow RST to remove and/or replace the file on the site.
The customer agrees to fully indemnify and hold RST free from harm in any and all claims resulting from the customer in not having obtained all the required copyright, and/or any other necessary permission.
The customer agrees that RST holds no responsibility for any amendments made by any third party, before or after the web is published.
Any design or code created for the customer by RST, or any of its contractors, is licensed for use by the client on a one-time only basis and may not be modified, re-used, or re-distributed in any way or form without the express written consent of RST and any of its relevant sub-contractors.
The client agrees to Rougarai System Technologies'definition of acceptable means of supplying data to the company. Text is to be supplied to RST in electronic format as standard text (.txt) and/or word document file (.doc), on floppy disc, or CD-ROM, or via e-mail.
Images that are supplied in an electronic format are to be provided in either .GIF, .JPG, or .BMP format via floppy disc, CD-ROM, or e-mail. Images must be of a quality suitable for use without any subsequent image processing, and RST will not be held responsible for any image quality which the client later deems to be unacceptable.
Rougarai System Technologies cannot be held responsible for the quality of images which it scans from printed materials.
Additional expenses may be incurred for any necessary action, including, but not limited to, media conversion, photography, digital image processing, or data entry services.
Rights of Access
The client agrees to allow RST all necessary access to computer systems and other locations, as required, in order to complete the project, including the necessary read/write permissions, usernames and passwords. The customer also agrees to allow RST access to any computer systems, usernames and passwords required to remove data and/or sites for failure to comply with these Terms and Conditions.
Rougarai System Technologies does not guarantee continuous service and will accept no liability for loss of service, whatever the cause. RST may change the type of hosting account used for customer's whose site uses a high level of bandwidth. If additional fees become payable, RST will give the customer 30 days notice. RST will not guarantee to host any site that causes detriment to the operation of any other sites or systems.
Rougarai System Technologies cannot guarantee the availability of any domain name. Where RST is to register a domain name on behalf of a client, the client should not assume a successful registration until RST has confirmed this via e-mail, or in writing.
Search Engine Submission
Due to the infinite number of considerations that search engines use when determining a site's ratings, RST cannot guarantee any particular placement. Acceptance to any search engine cannot be guaranteed and when a site is accepted the time it takes to appear in search results can vary from one search engine to another.
Design, Maintenance and Hosting Credit
The customer agrees to allow RST to place a credit and/or link to Rougarai System Technologies' own site on the customer's site. This will usually be in the form of a small logo placed towards the bottom of the client's primary home page or a small ‘Powered and/or Designed' text at the bottom of each page.
The customer also agrees to allow RST to place any web sites and other designs, along with a link to the client's site on RST's own site for demonstration purposes.
Rights of Refusal
Rougarai System Technologies will not include in web sites it designs, any text, images or other data which it deems to be immoral, offensive, obscene or illegal. All advertising material must conform to all standards laid down by all relevant advertising standards authorities. RST also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that RST does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the customer is obliged to allow RST to remove the contravention without hindrance, or penalty. RST is to be held in no way responsible for any such data being included.
Cancellation of orders may be made initially by telephone contact, or e-mail, however, following this, we will need formal notification in writing to the company's postal address. The client will then be invoiced for all work completed over and above the non-refundable deposit that will have been laid at the time of first ordering. The balance of monies due must be paid within 30 days. Please note: any cancellation which is not formally confirmed in writing and received by RST within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.
Rougarai System Technologies makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. RST will not be held responsible for any and all damages resulting from products and/or services it supplies. RST is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. The customer agrees not to hold RST responsible for any such loss or damage. Any claim against RST shall be limited to the relevant fee(s) paid by the customer. RST reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their Terms and Conditions. RST will not knowingly perform any actions to contravene these and the customer also agrees to be so bound.
These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. RST reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.
Acceptance of Quotation and Terms and Conditions
The placement of an order for design and/or any other services offered by RST and validated by the customer's signature on the Quotation Form, constitutes acceptance of the Quotation and agreement to comply fully with all the Terms and Conditions and forms a Contract for Business between the signatory and Rougarai System Technologies (RST).