These are the standard terms and conditions that will form a contract between US – Design X Code and YOU – the Client; your acceptance of which is agreed from the moment you purchase our web design packages, hosting packages, support packages, one-off/add-on packages and miscellaneous packages.
1. Payment Terms.
The Client will be required to pay-in-full upfront for any of our packages via PayPal, credit card, or via bank-to-bank transfer (to our US bank account), wire transfer in US currency. If the Client requires additional work/task outside the scope of the package/s purchased, this will be quoted and billed at an additional cost including but not limited to the purchase of templates, third-party software, stock images, fonts, and domain name registrations, web hosting or comparable expenses.
2. Package Termination.
In the event of a cancellation request after the purchase of the package, the company reserves the right to charge the client a mandatory fee and charge for work that has already been done. The Client will be responsible for paying all work completed prior to the company’s receipt of the cancellation request. Ownership of all copyrights and any original artwork shall be retained by Design X Code.
3. Data Gathering.
YOU (the client) must supply all data and information required by US to complete the work in accordance with any agreed package/specifications. Such materials may include but are not limited to, images, written content, logos, and other printed materials. In the event of any delay in supplying these materials to US, Design X Code reserves the right to extend any previously agreed deadlines by a reasonable amount.
The Client is responsible for complying with all relevant laws relating to E-commerce, and to the full extent permitted by law will hold harmless, protect, defend and indemnify Design X Code from any claim, penalty, tax tariff loss or damage arising from your use of internet electronic commerce.
5. Intellectual Property Rights.
The Client must obtain all necessary permissions and authorities in respect for the use of all copy, graphic, images, registered company logos, names, and trademarks, or any other material that you supply to us to include in your website. YOU will hold harmless, protect, and defend Design X Code and its subcontractors from any liability or suit arising from the use of such elements.
6. Governing Law and Jurisdiction.
The agreement constituted by these terms and conditions and any proposal will be construed according to and is governed by the laws of the Philippines and the Client agrees to reimburse Design X Code for any legal expenses the Client’s actions may make the company irons.
7. Limitations of liability and damages.
In no event shall Design X Code be held liable, whether in contract or in tort, for any lost profits, lost savings, lost data, lost or damaged software, or any other special, indirect, consequential, incidental, or punitive damages arising out of the agreement/s, regardless of whether such party had notice of the possibility of any such loss or damage.
8. Refusal of Service.
Design X Code reserves the right to decline service with any client for whatever reasons.
9. Representations and Warranties.
No Conflict. Design X Code represents and warrants that it is under no obligation or restriction that would in any way interfere or conflict with the work to be performed by Design X Code under this Agreement and the Order. The client understands that Design X Code is currently working on one or more similar projects for other clients. Provided that those projects do not interfere or conflict with Design X Code’s obligations under this Agreement, those projects shall not constitute a violation of this provision of the Agreement.
Client and Design X Code agree to make a good-faith effort to resolve any disagreement arising out of, or in connection with, this Agreement through negotiation. Should the parties fail to resolve any such disagreement within ten (10) days, any controversy or claim arising out of or relating to this Agreement, including, without limitation, the interpretation or breach thereof, section 6 of this agreement will be in effect.
11. Refund Policy.
Any package purchased after 7 days is no longer refundable but can be converted into store credits valid for 90 days which can be applied to any Design X Code packages.
12. Changes to Terms and Conditions.
Design X Code reserves the right to change, edit, and add to these Terms and Conditions at any time for whatever reason.