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AGREEMENT OF TERMS

The following Terms and Conditions of Service apply to all services provided by E-MySystems ICT Solution. We are expecting all clients have/to read these terms & conditions before making any payment for any of our services. All work is carried out by E-MySystems ICT Solution on the understanding that the client has agreed to our terms and conditions.

How we accept Project?

E-MySystems ICT Solution will provide the customer with a written estimate or quotation by email, text, or hard copy. The customer is to sign the quotation with the date to indicate acceptance and should be returned to E-MySystems ICT Solution or an email, call or text acknowledging acceptance of the quotation. Without any of these E-MySystems ICT Solutions will not regard such a project.

How much will I Deposit first payment?

A 60% deposit of the total fee payable under our proposal is due immediately upon you instructing us to proceed with the project. The remaining 30% shall become due when the work is completed but subject to the terms of the “approval of work” and “rejected work” clauses. We reserve the right not to commence any work until the deposit has been paid in full.

The deposit is not refundable if the development work has been started and you terminate the contract through no fault of ours. The 60% deposit is only refundable if we have not fulfilled our obligations to deliver the work required under the agreement stated in the Questionnaire filled by the Client. Also for project costs between N10,000 and below, the client is expected to total sum before we can start with the project. See Price list

What will happen if I fail to supply Materials?

The client is required to supply all materials and information required by us to complete the work in accordance with any agreed specification. Such materials may include but are not limited to, photographs, written copy, logos, and other printed material. Where there is any delay in supplying these materials to us which leads to a delay in the completion of work, we have the right to extend any previously agreed deadlines by a reasonable amount. All text copy has in be MS-Word document or other wording editing programs. The client is also expected to properly review the copy before sending it to us to reduce the number of reviews.

Where the client fails to supply us with the materials, and that prevents the progress of the work, we have the right to invoice you for any part or parts of the work already completed.

Do I have the right to RAW design files?

We shall supply clients with high-resolution images/PDFs of designs for printing purposes. The RAW design files belong to E-MySystems ICT Solution. Charges for design work do not cover the release of our copyright design source files, including but not restricted to Adobe PSD, AI, CDR, or other source files or raw code; if the Client requires these files for transfer to an in-house or another designer, they will be subject to a separate quotation or ‘buy-out’ charge.

Do we Suspend or Cancel Project?

Yes, E-MySystems ICT Solution shall be entitled to suspend its performance of the contract if and for so long as the Customer shall be in breach of any of its obligations; and
a) If the Customer is in arrears on any payment to the Company.
b) If the client has exceeded the number of reviews
c) If the client keeps on making changes to the original design concept.
d) If the client uses abusive words on any of the E-MySystems ICT Solution’s staff.

Do E-MySystems use immoral, Offensive or Illegal data?

E-MySystems ICT Solution will not include in its 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. E-MySystems ICT Solution also reserves the right to refuse to include submitted material without giving a reason. In the situation where any images and/or data that E-MySystems ICT Solution does include in all good faith, and subsequently discovers is in contravention to such Terms and Conditions, the customer is obliged to allow E-MySystems ICT Solution to remove the contravention without hindrance, or penalty. E-MySystems ICT Solution is to be held in no way responsible for any such data being included.

Do we advertise on designs?

The customer agrees to allow E-MySystems ICT Solution to place a small credit on printed material exhibition displays, advertisements, and/or a link to E-MySystems ICT Solution’s website on the customer’s website. This will usually be in the form of a small line of text placed towards the bottom of the page.

The customer also agrees to allow E-MySystems ICT Solution to place websites and other designs, along with a link to the client’s site on E-MySystems ICT Solution’s website for demonstration purposes and to use any designs in its publicity and portfolios.

Will E-MySystems be responsible for maintaining site?

You are responsible for maintaining your backups concerning your website and other material product. E-MySystems ICT Solution will not be liable for restoring any client data or client websites except to the extent that such data loss arises out of a negligent act or omission by us.

Further, all our clients that under our Website Maintenance service, their site backup will be taken care of by us, and we give our word that there are no circumstances that their backup will be lost.

Can I request a different Design ?

E-MySystems ICT Solution requires that a template is approved by the customer before the coding of a site commences. Once the template(s) for the website are approved by the customer, coding will commence; any changes to navigation items, colors, structure, or content that requires changes to the template will incur an additional charge.

Once the web design is complete, E-MySystems ICT Solution will provide the customer with the opportunity to review the resulting work. We will make one set of minor changes at no extra cost within 14 days of the start of the review period. Minor changes include images, small textual changes, and small adjustments to the placement of items on the page. It does not include changes to many or all images, color schemes, or any navigation features. Any minor changes can be notified to E-MySystems ICT Solution by e-mail.

E-MySystems ICT Solution will consider that the client has accepted the original draft, if no notification of changes is received in writing, text, or call from the customer, within 14 days of the start of the review period.

Project completion

E-MySystems ICT Solution considers a project completed upon receipt of the balance payment as agreed and acknowledges email or text of project delivered. Any afterthought or review will be considered as a separate project.

How long does it takes E-MySystems to complete project?

Any indication given by E-MySystems ICT Solution of any project’s duration is to be considered by the customer to be estimated. E-MySystems ICT Solution 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 E-MySystems ICT Solution for the initial payment or by date confirmed in writing by E-MySystems ICT Solution.

Do we give License ?

Once you have paid us in full for our work we grant you a license to use the website and its related software and contents for your business needs.
All design work – where there is a risk that another party makes a claim, should be registered by the client with the appropriate authorities before publishing or first use or searches and legal advice sought as to its use.

E-MySystems ICT Solution will not be held responsible for any and all damages resulting from such claims. E-MySystems ICT Solution is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold E-MySystems ICT Solution responsible for any such loss or damage.

Trademark and Copyright

Proving text, images, graphics, and other data to E-MySystems ICT Solution for inclusion in the customer’s website or another 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 E-MySystems ICT Solution on behalf of the customer, will remain the property of E-MySystems ICT Solution and/or its suppliers unless otherwise agreed in writing. A license for use of the copyrighted material is granted to the customer solely for the project defined in the scope or request and not for any other purpose.
Any software, code, plugin, or other third-party material used in a web or digital project remains the property of the creator, and any ongoing license fees or fees for upgrades are the responsibility of the client.

Should E-MySystems ICT Solution, or the customer supply an image, text, audio clip, or any other file for use in a website, multimedia presentation, print item, exhibition, advertisement, or any other medium 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 E-MySystems ICT Solution to remove and/or replace the file on the site. The customer agrees to fully indemnify and hold E-MySystems ICT Solution free from harm in any claims resulting from the customer not having obtained all the required copyright, and/or any other necessary permission

How long does it takes to pay the balance of 30% ?

Upon completion of any project, the client is to make the balance immediately. However, if it a website design project, the client is expected to make the balance within a 7-day review period, and we will invoice you immediately for the 30% balance of the project. Payments should be made through Transfer, Online Payment, or Cash.

What happen if your work is rejected ?

If you reject any of our work within the 7-day review period, or not approve subsequent work performed by us to remedy any points recorded as being unsatisfactory, and we, acting reasonably, consider that you have been unreasonable in any rejection of the work, we can elect to treat this contract as at an end and take measures to recover payment for the completed work.

Can I approve work before the actual project ?

On the completion of the work, you will be notified officially and have the opportunity to review it. You must notify us in writing via email, text, or in a hard copy of any unsatisfactory points within 7 days of such notification. Any of the work which has not been reported in writing to us as unsatisfactory within the 7-day review period will be considered to have been approved. Once approved, or considered approved, work cannot subsequently be rejected and the contract will be deemed to have been completed and the 30% balance of the project price will become due.

How many people can be appointed from client to give feedback?

Each Design/Development project has a certain amount of feedback required to progress to subsequent phases. It is required that a single point of contact be appointed from the client and be made available daily in order to speed up the feedback process.

Can project amount be changed due to corrections ?

We offer clients the opportunity to make at most 3 revisions to the design/website content. However, we have the right to reduce the number of revisions to a reasonable amount and we may imply additional cost if you make a change to the original design specification. Our website development phase is flexible and allows certain variations to the original specification. However, any major deviation from the specification will be charged based on the scope of work.

Disclaimer

E-MySystems ICT Solution makes no warranties of any kind, express or implied, for any products and/or services that it supplies. E-MySystems ICT Solution will not be held responsible for any damages resulting from products and/or services it supplies. E-MySystems ICT Solution is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While we take reasonable steps to investigate the materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure. The customer agrees not to hold E-MySystems ICT Solution responsible for any such loss or damage. Any claim against E-MySystems ICT Solution shall be limited to the relevant fee(s) paid by the customer.
E-MySystems ICT Solution 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. E-MySystems ICT Solution will not knowingly perform any actions to contravene these and the client also agrees to be so bound.

Download the Terms and Conditions

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WEB DESIGN TERMS

The following Terms and Conditions of Service apply to all kind of web design services provided by E-MySystems ICT Solution. We are expecting all clients have/to read these terms & conditions before making any payment for any of our web design service. All work is carried out by E-MySystems ICT Solution on the understanding that the client has agreed to our terms and conditions.

Domain Registration and Purchase

E-MySystems ICT Solution cannot guarantee the availability of any domain name. E-MySystems ICT Solution can only help clients confirm the availability of the domain and then make purchases on behave of the client. We will supply to you the account credentials for domain name registration and/or web hosting that we purchased on you on the project completion.

Note: The client is expected to pay for domain and hosting immediately before proceeding to the website design/development.

Do you offer hosting services ?

E-MySystems ICT Solution is not a website hosting agency but is in the right to advise clients on the right hosting for their website. However, if the client already has a hosting plan, we will review it and advise where necessary for good website performance. We will work with your hosting if it in the right order. E-MySystems ICT Solution may request that clients should change the type of hosting account used if that Hosting provider is considered by E-MySystems ICT Solution to be unacceptable because of poor service, lack of bandwidth, or in any other way insufficient to support the website.

Is my site going to rank first ?

E-MySystems ICT Solution is not granting you of ranking top on your new website. However, we ensure that website is build base on the best SEO principles which will enhance your website’s SEO rank. SEO rank is subject to discussion separately if you are interested.

Click here to know more about our SEO service and the cost.

Is E-MySystems responsible for maintaining site ?

You are responsible for maintaining your backups concerning your website and other material product. E-MySystems ICT Solution will not be liable for restoring any client data or client websites except to the extent that such data loss arises out of a negligent act or omission by us.

Further, all our clients that under our Website Maintenance service, their site backup will be taken care of by us, and we give our word that there are no circumstances that their backup will be lost.

Is it a must to give login access ?

The client agrees to allow E-MySystems ICT Solution all necessary access to computer systems and other locations, as required, in order to complete a website project and until all due funds are cleared, including the necessary read/write permissions, usernames, and passwords.

The customer also agrees to allow E-MySystems ICT Solution access to any computer systems, usernames, and passwords required to remove data and/or sites for failure to comply with these Terms and Conditions. The customer agrees to supply E-MySystems ICT Solution with all necessary materials, electronic, or otherwise, required to create and complete the project, and to supply them on time.

E-commerce

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, and defend and indemnify E-MySystems ICT Solution and its subcontractors from any claim, penalty, tax, tariff loss, or damage arising from your or your clients’ use of Internet electronic commerce.

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