Terms & Conditions
The following terms and conditions apply to all website development / design services provided by metatation.com to the Client. metatation.com is a non-trading identity of Computer Consultant Group, Inc., and all business and transactions will be conducted as from Computer Consultants Group, Inc.
1. Acceptance
By accepting a proposal or quotation, Client accepts these terms and conditions in full. Please read these terms and conditions carefully. Any purchase or use of our services indicates that you have read and accepted our terms and conditions.
2. Charges
Charges for services to be provided by metatation.com are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 30 days. metatation.com reserves the right to alter or decline to provide a quotation after expiry of the 30 days. Payment terms are as provided in your quotation/proposal.
3. Client Review
metatation.com will provide the Client with an opportunity to review the appearance and content of the website during the design phase and once the overall website development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies metatation.com otherwise within ten (10) days of the date the materials are made available to the Client.
4. Turnaround Time and Content Control
metatation.com will install and publicly post or supply the Client's website by the date specified in the project proposal, or at date agreed with Client upon metatation.com receiving initial payment, unless a delay is specifically requested by the Client and agreed by metatation.com. In return, the Client agrees to delegate a single individual as a primary contact to aid metatation.com with progressing the commission in a satisfactory and expedient manner.
During the project, metatation.com will require the Client to provide website content; text, images, movies and sound files
5. Payment
Invoices will be provided by Computer Consultants Group, Inc. for each phase of your project. Invoices are normally sent via email; however, the Client may choose to receive hard copy invoices. Invoices are due upon receipt.
6. Additional Expenses
Client agrees to reimburse metatation.com for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography etc.
7. Web Browsers
metatation.com makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers: Google Chrome (+Mobile), Safari (+Mobile), Microsoft Edge, Internet Explorer (9+), Firefox. Client agrees that metatation.com cannot guarantee correct functionality with all browser software across different operating systems.
metatation.com cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website have been designed and handed over to the Client. As such, metatation.com reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.
8. Default
Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on metatation.com's Web space, metatation.com will, at its discretion, remove all such material from its web space. metatation.com 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 assessed to the Client's account.
9. Termination
Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. E-mail or telephone requests for termination of services will not be honoured until and unless confirmed in writing. The Client will be invoiced for work completed to the date of first notice of cancellation for payment in full within thirty (30) days.
10. Indemnity
All metatation.com services may be used for lawful purposes only. You agree to indemnify and hold metatation.com harmless from any claims resulting from your use of our service that damages you or any other party.
11. Copyright
The Client retains the copyright to data, files and graphic logos provided by the Client, and grants metatation.com the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting metatation.com permission and rights for use of the same and agrees to indemnify and hold harmless metatation.com from any and all claims resulting from the Client's negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the Client to metatation.com that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
12. Standard Media Delivery
Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format (ASCII text files delivered on floppy disk or via e-mail or FTP) and that all photographs and other graphics will be provided physically in high quality print suitable for scanning or electronically in .gif, .jpeg, .png or .tiff format. Although every reasonable attempt shall be made by metatation.com to return to the Client any images or printed material provided for use in creation of the Client's website, such return cannot be guaranteed.
13. Access Requirements
If the Client's website is to be installed on a third-party server, metatation.com must be granted temporary read/write access to the Client's storage directories which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.
14. Post-Placement Alterations
metatation.com cannot accept responsibility for any alterations caused by a third party occurring to the Client's pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.
15. General
These Terms and Conditions supersede all previous representations, understandings or agreements. The Client's signature below or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.
16. Liability
metatation.com hereby excludes itself, its Employees and or Agents from all and any liability from:
- Loss or damage caused by any inaccuracy;
- Loss or damage caused by omission;
- Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site;
- Loss or damage to clients' artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.
The entire liability of metatation.com to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.
17. Severability
In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid provision.