Service Agreement

Definitions

The following Terms & Conditions is a legal agreement between Mordrn Inc. hereafter "the developer" and "the client" who purchases and/or utilizes their website after development is complete. These Terms & Conditions set forth the provisions under which the Client may use the services supplied. The Developer is an Internet web design provider offering the Client graphical design, HTML, CSS, Javascript, PHP, WordPress (and WooCommerce) and other related computer programming languages. While the developer does provide free hosting, they reserve the right to discontinue this service at any time without warning and choose not to offer hosting to specific clients.

The client is whom have contracted us to develop, design and conduct similar actions to create a website within a specific time period. They are bound to this agreement for the lifetime of the website.

Validity & Revisions

The developers hold the right to revise and edit these Terms & Conditions at any point. Revisions shall be summarized for easy viewing at the bottom of this page. The revision dates shall also be included for transparency. Revisions only after October 9th, 2021 will be stated. This agreement takes effect for all websites designed and developed to completion. All clients upon payment for the website design and development as well as any other services and bound to these terms and conditions. Failure to comply will result in the termination of the services.

Acceptance of Work

The client upon requesting to have a website developed by the developer is hereby contracting Mordrn Inc. to design, develop and conduct similar tasks related to the creation of a website. Our responsibilities to the client range from the design, development and other similar tasks related to the creation of the website. Upon the completion of the website or contracted services, launch of the website and payment, our responsibilities and obligations to the client ends. Support will be provided at our discretion to assist the client in the future, but this is not included in the service package. This is a voluntary service conducted by the developers. The method of requesting support is for the client to go to https://awebsitecompany.com/support/ and select the appropriate option. To ensure the client has resources to their disposable, we have also created a knowledge base and tutorial videos for them to utilize. We do offer additional services such as Social Media Marketing and similar. However, if the client wishes to contract for these services this is counted as a new project even if that new contracted service is related to the website in any facet.

The client is considered to have initiated design and development of a website upon sending a series of information such as Business Name, Business Contact Information, Logo and other similar information. The developers will then engage in a preliminary design process and send a draft or proposal to the client. If the client wishes to proceed they can offer edits within a reasonable amount and within a reasonable timeframe. Once these edits are completed and the project is satisfactory to the client, the developers will register and attach a domain name. Once the domain name as been attached the client is hereby bound to paying the invoice in full. Once the invoice is cleared the project is considered complete and the developers may not be held liable for any damages by any party. The full liability of the website, it's usage and all related components fall on the client hereafter full payment.

Liability

The websites are developed using platforms such as Wix, WordPress, Shopify, and other similar platforms. Websites also include third party and second party plugins, components, or software such as WooCommerce. Due to this, we cannot guarantee the functionality of those components or platforms overtime. The client would need to request support with the relevant owners of the components. We release ourselves from all liability associated with the functionality of the website after it is launch. The client is also able to edit the website themselves or assign another developer to make changes. Due to this, we are not responsible for any changes to the website after the website is launched. The client is responsible for all edits after the launch of the website. If those edits affect the functionality of the website, we will not be responsible. If the client is unable to receive payments due to issues with their bank, PayPal, or other services whether direct, second party or third party- we are not responsible. We reassure the client however that the services we use are reputable and stable, therefore it is rare for a service to be partially or wholly non-functional. If any service becomes partially or wholly non-functional, we are not inclined to provide redevelopment or redesign or similar for the website. The website may collect data about the customer and similar parties. The client agrees to release us from all liability pertaining to the collection of data, transactions on the website or any other function utilized on the website. The client releases from all liability pertaining to data breaches, wrongful transactions, or anything similar or resulting from the use of the website by any party.

The website may collect data about the customer and similar parties. The client agrees to release us from all liability pertaining to the collection of data, transactions on the website or any other function utilized on the website. The client releases from all liability pertaining to data breaches, wrongful transactions, or anything similar or resulting from the use of the website by any party.

The Client agrees that the Developer is not liable for any failure to carry out services for reasons beyond its control, including but not limited to acts of God, telecommunication problems, software failure, hardware failure, third party interference, Government, emergency on a major scale or any social disturbance of extreme nature such as industrial strike, riot, terrorism and war or any act or omission of any third party services. The Developer is not liable for any consequences or financial losses such as, but not limited to, loss of business, profit, revenue, contract, data or potential savings, relating to services provided. On handover of files from the Developer to the Client, the Client shall assume entire responsibility in ensuring that all files are functioning correctly before use.

The Developer shall have no liability to the Client or any third parties for any damages, including but not limited to claims, losses, lost profits, lost savings, or other incidental, consequential, or special damages arising out of the operation of or inability to operate these web pages or website, even if the Developer has been advised of the possibility of such damages. There are sometimes laws and taxes that affect Internet e-commerce. The Client agrees that it is their responsibility to comply with such laws and will hold harmless, protect, and defend the Developer and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the Client's exercise of Internet e-commerce.

We provide free hosting for our clients. We reserve the right to stop this service at any time giving the client no less than 1 month notice. With free hosting, the client receives only the Dashboard for the specific website as the ‘back-end’. The client is not entitled to C-Panel, free email accounts, the file manager (FTP), chron jobs and other similar services or functions that SiteGround, Cloudways and other hosts offers. For the client to utilize these services, they must use their own hosting.

Indemnification

The Client agrees to use all Developer services and facilities at their own risk and agrees to defend, indemnify, save and hold the Developer harmless from any and all demands, liabilities, costs, losses and claims, including but not limited to legal fees against the Developer or its associates that may arise directly or indirectly from any service provided or agreed to be provided or any product or service sold by the Client or its third parties. The Client agrees that this indemnification extends to all aspects of the project, including but not limited to website content and choice of domain name. The Client also agrees to indemnify, hold harmless and defend, the Developer against any liabilities arising out of injury to property or person caused by any product or service sold by the Client or any service provided or agreed to be provided or by third parties, including but not limited to infringement of proprietary rights, misinformation, infringement of copyright, delivery of defective services or products that are harmful to any company, person, business, or organization.

Domains

Domains are provided free of charge for the first year and the client is required to renew the domain at the end of the first year. These renewals are simply the cost price of the renewal. We do not add any markup to the renewal fee. If the domain is not renewed the website would “disappear” from the internet after the grace period allowed by the domain registrar. If the client refuses to renew the domain even the grace period, we reserve the website from our database and remove the client from our list of clients due to the website not having a website address and thus being dormant.

Client Responsibility

We do not accept money from the client until the project is completed. During the development of the project, the client can interact with the website, utilize the website, suggest changes to the website, suggest additions to the website and leave similar feedback for us to undertake. Due to this process, the client acknowledges that they would have been given ample time to review the website and decide if they would like to make the payment voluntarily. Upon making the payment, due to this ample time, they will not qualify for a refund at any point in time.

The client must take full responsibility in the proper usage of their website.

In summary, the client contracts us for a period to develop a website on a specific platform. This is our only responsibility to the client. We are not responsible for any issues the client may encounter by utilizing the website in the future however we may offer support at our discretion.

Website Damage

If the website has been "taken offline", damaged, hacked or any similar descriptions that would affect the general use of the website the developers may offer free customer support. However, if it is found that a third party service has caused damages or the client has engaged in activity that causes damages the developers reserve the right to charge for repairing the website. This will be determined by an investigation conducted by the developers.

Whilst every effort is made to make sure files are error free, the developer cannot guarantee that the display or functionality of the web design or the website will be uninterrupted or error-free. If, after handover of files, errors are found in code the Developer has created and the standard development platform, domain name set-up and hosting set-up are the same as when work began, then the Developer can correct these errors for the Client free of charge for a period of 3 months, after acceptance of the work. After the 3-month period, the Developer reserves the right to quote separately for any work involved in correcting an error.

Revisions

October 9th: Spelling errors have been resolved. No changes to the content or agreement have been made.

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