By accepting the proposal and quote provided by the Tech Growth Global, you agree to the terms and conditions of all Web Development projects that are undertaken by Tech Growth Global Ltd ("TGG" for brevity). If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms and conditions.
The Client is responsible for creating content for incorporation in the Web Site, including but not limited to, any lists, libraries, databases, software files, including but not limited to HTML, graphic files, images, photographs, illustrations, graphics, audio clips, video clips or text. Client shall deliver the content to TGG in a format specified and accessible by TGG (e.g. electronic format such as .txt) as may be specified in the Specifications. Any services required to convert content not set forth in the Specifications shall be charged an additional fee. TGG will not be liable for copyright, patent, trademark, intellectual property or publishing right disputes, infringements arising out of or concerning materials submitted to TGG for inclusion on the Web Site. Client shall deliver all Content to TGG within ten (10) days from acceptance of the quotation.
If the client fails to submit content in a timely manner the project will be delayed. In the event that the project has been completed and the client fails to submit content TGG will use placeholder text and images in their lieu and will consider the project as complete and remaining balance or full payment will be billed.
Charges for services to be provided by TGG are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 15 days from receipt of said quotation by Client. TGG reserves the right to alter or decline to provide a quotation after the expiry date. The quotation shall be incorporated into and shall become a part of this Agreement.
Fees to TGG are due and payable on a schedule defined in the quotation. TGG shall have no obligation to perform any work until the initial payment is received and such funds are cleared from the relevant financial institution and the acceptance of this Agreement. Please make payments to Paypal Account: firstname.lastname@example.org. If paying by check, work will not commence until payment has been credited into our bank account. This usually takes a minimum of 7 business days.
Delinquent bills will be assessed a USD 15.00 charge if payment is not received within 5 days from the due date. If an amount remains delinquent 30 days after its due date, an additional 5% penalty will be added for each month of delinquency. In case collection proves necessary, the client agrees to pay all fees incurred by that process.
If any payment due under this agreement remains outstanding, TGG shall be entitled at its sole discretion to withhold provision of any goods or services it would otherwise be obliged to provide or remove all such material from its web space. TGG is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges including penalty fees.
In the event of dispute either in the charges or the result of the service/product, Client is still liable to remit payment on the due date. The parties shall resolve or reconcile the dispute within a period of thirty (30) days counted from receipt of the written claim or objection.
Client will provide a point of contact/s to TGG who will provide the necessary authorizations, information and approvals of the service provided by TGG. Client may change the point of contact/s, subject to reasonable advance notice to TGG.
TGG agrees to build a website to specifications quoted per the original sale and original invoice. Any additions, changes or enhancements requested outside of the scope of the original specifications, either prior to the custom website going live, or after the site has gone live, will be billed at TGG’s standard hourly rate. Such charges shall be in addition to all other amounts payable under the original quotation. TGG is not obligated to complete Client requests or changes outside of the scope of work on the original invoice. If TGG does not agree to Client requests or changes, Client is still obligated to pay all fees incurred and due of the original sale and original invoice. If TGG agrees to Client requests or changes, these additional requirements to the original sale will be due and billed separately and at the time of request. Despite the revision, client will immediately pay the remaining balance of the original quotation.
TGG may extend or modify any delivery schedule or deadlines in the Project Timeline as may be required by such Changes.
TGG will exercise commercially reasonable efforts to test Deliverables requiring testing and to make all necessary corrections prior to providing Deliverables to Client. Client, within five (5) business days of receipt of each Deliverable, shall notify TGG, in writing, of any failure of such Deliverable to comply with the specifications set forth in the submitted Project Requirement documents, or of any other objections, corrections, changes or amendments Client wishes made to such Deliverable. Any such written notice shall be sufficient to identify with clarity any objection, correction or change or amendment, and Designer will undertake to make the same in a commercially timely manner. Any and all objections, corrections, changes or amendments shall be subject to the terms and conditions of this Agreement. In the absence of such notice from Client, the Deliverable shall be deemed accepted.
Client acknowledges and agrees that the intellectual property and copyright is retained by TGG on all artworks designed by TGG on behalf of the client (including but not limited to any images, wireframe and mock ups and layouts); and codes developed by TGG on behalf of the client (including but not limited to HTML mark up, CSS and custom scripts, flash and multimedia and database design) until payment has been received in full for the work undertaken. . Upon final payment of this Agreement, the client is assigned rights to use as a website the design, graphics, and text contained in the finished assembled website. Rights to graphics, source code, work-up files, and computer programs are specifically not transferred to the client, and remain the property of their respective owners. TGG and its subcontractors retain the right to display graphics and other Web design elements as examples of their work in their respective portfolios.
Client acknowledges that it shall be responsible for performing the following in a reasonable and timely manner:
If the Client terminates this Agreement before the work is finished or client will not use the final product submitted by TGG, any payments made are forfeited and may be held liable for breach of contract. In addition, client will still be liable for the remaining balance.
Client may not assign all or any portion of this Agreement to a third party, without the prior written consent of TGG.
Client agrees to indemnify and hold harmless TGG, its employees, directors, shareholders, members, officers, agents, subsidiaries and affiliates from any and all claims, losses, damages, liabilities and expenses (including attorneys' fees) related to or arising out of the services provided by TGG or in connection with any breach of any of the terms of this Agreement.
This Agreement shall be governed by the laws of Hong Kong, Special Administrative Region, excluding its conflicts-of-law rules. The United Nations Convention on contracts for the international sale of goods is expressly disclaimed. Any controversy or dispute arising out of this Agreement, the interpretation of any provision hereof, or the action or inaction of any party hereto shall be submitted to arbitration in Hong Kong, SAR, in accordance with the International Arbitration Rules of the American Arbitration Association (the "AAA International Rules") then in effect, conducted by one arbitrator either mutually agreed upon by the parties to this Agreement or chosen in accordance with the AAA International Rules. Each party shall have no longer than three (3) days to present its position. Either party may apply to the arbitrator seeking injunctive relief until the arbitration award is rendered or the controversy is resolved. Either party also may, without waiving any remedy under this Agreement, seek any interim or provisional relief that is necessary to protect the rights or property of that party pending the establishment of the arbitral tribunal (or pending the arbitral tribunal's determination of the merits of the controversy) and for the purposes of seeking such interim relief User shall consent to the exclusive jurisdiction of the courts of Hong Kong, SAR. The successful party to the arbitration or any litigation relating to this Agreement or the Services shall be entitled to an award for reasonable costs and attorney's fees. Any award or decision obtained from any such arbitration proceeding shall be final and binding on the parties, and judgment upon any award thus obtained may be entered in any court having jurisdiction thereof. The parties agree that the arbitrator shall have the power to award damages and injunctive relief.
The failure of a party to require strict performance of any provision of this Agreement by the other, or the forbearance to exercise any right or remedy, shall not be construed as a waiver by such party of any such right or remedy or preclude any other or further exercise thereof or the exercise of any other right or remedy.
All notice and other communications shall be valid if made in writing or through email, instant messaging or through phone correspondence.