All estimates/quotes are based on our
understanding of your requirements and as per given time-frame. Any changes to the
functionality including micro-improvements, may incur additional costs accordingly.
Please ensure and clarify our understanding in a face to face meeting.
By accepting a quote, you agree to and accept
the terms and conditions of Nonstop. Acceptance can be verbal, by email, payment of
Initiation, signing a quote.
Clients to ensure that we have included all
requirements in the quotes/proposals/estimates and that we fully understand their
requirements.
Clients must provide us with clear guidelines along with the flow or specific details
they may require. When such details are not provided, we will proceed with our
understanding of the requirements and quote accordingly. At a later stage, if a
discrepancy arises, it may lead to additional costs to accommodate the changes. Thus, it
is essential that you clarify every aspect of your website development and ensure that
you have been quoted on the right
requirements.
Any complexity related to specific tasks,
must be advised in advance and included in the proposal for costing purposes. We operate
in good faith and rely on our clients to disclose the full picture at the time of
quotation. Any discrepancy arising due to unclear requirements will not be borne by
Nonstop.
There are limited man-hours allocated to each
task, including Project Management and Digital Strategist/Business Analyst. Minor
changes may be included within the allocated hours. This will be analyzed on a
case-by-case basis.
Nonstop will make every effort to complete
the project/changes in the given timeframe. Reasonable delays are accepted if
functionalities are redefined or modified.
Any delays at client;s end, may delay the
project and proposed timeframes and may incur additional costs.
Any bugs (programming errors) reported during
or just after the development does not attract additional charges.
Any re-work on an already completed task will
attract additional charges. Any changes in the design after the design approval will
incur additional charges.
Any modifications requested during the
development or after the Go-Live approval will incur additional charges. All additional
work, over and above the estimates is charged separately. Under no circumstances will
Nonstop be liable for any delays caused by change in the project brief.
Website/application content and all related
materials need to be provided to us within the first two weeks of starting the project.
Any delays thereafter may delay the project and may incur additional charges if it goes
beyond reasonable timeframe.
Our websites/applications are generally
tested on PCs and include near recent versions of following browsers: IE, Firefox,
Chrome & Safari. If you require testing to be done on any other browser, please let
us know in advance.
Responsive/multi-device compatible web pages
are tested on iPhone and iPads. If you require testing to be done on any other device,
please discuss it in advance.
If your website/application is not hosted on
a Nonstop server, any additional man-hours that may be required due to any server or
network related issues are not covered in our quotes and may be charged separately.
Please note that at any stage during the
project, stalling of the project for
over two calendar months will incur $99/week administration costs.
Furthermore, it may increase the previously approved estimates. If you require
the project to be put on hold, please advise us in writing in advance. To put the
project on hold without incurring additional charges, we will need the account
to be up to date based on the work done. Further details can be discussed if
such a situation arises.
Nonstop software codes (not including open
source software)
are copyrights of Nonstop. The codes can be handed over at an
additional cost for use once all previous invoices are settled, on the condition
that the codes are used only for use or modification for re-use for further
development for the specified client or subsequent owners of that legal entity.
Under no circumstance, the codes will be allowed to be used for re-selling or
duplication purposes.
Nonstop CMS is a proprietary CMS of Nonstop.
Nonstop owns copyrights of all codes written for any client, unless
arrangements are made prior to start of the project. Nonstop
warrants a license to use any custom built software for the client, for their use
only. This license is granted while paying for the hosting. Nonstop
CMS cannot be transferred to any external host; this includes any access to the
software codes.
The website or software application will be
designed to be deployed on the
web, via using a commercial grade web-server or a similar setup. Based on
your website traffic, the website may not perform if deployed on a generic
office network environment.
Depending upon the functionalities required,
there may be 3rd party
components such as Third Party Payment Gateways or SSL certificates involved
in building a website/application. Although Nonstop does its best
in recognizing the suitability of any such component, any unforeseen
limitations of 3rd party components are beyond our control. Any third-party
component purchase costs (such as SSL, Payment gateway, Google Adwords,
Plug-in licenses etc) are not included in our quotes.
Nonstop takes no responsibility of any open
source products
such as WordPress, Open Source carts, Joomla etc. It is the clients
responsibility to update all components and third party softwares. We suggest
you to take regular back-ups to avoid any disruptions.
Nonstop offer packages in co-ordination with
third party
providers. Changes to the third party provider's rules and policies may
ultimately effect the services we provide or the terms and conditions herein.
The client must recognize that at times there
may be unforeseen
circumstances that will delay the development process, particularly with
reference to the integration of third party software. We will try our best to
complete the project as agreed in the proposal. As long as it is within a
reasonable period, the client agrees not to penalize us for any genuine delay,
when every effort to keep the project on the proposed schedule is taken.
Domain registration/renewal etc charges are
not included as a part of any
project/proposal unless mentioned otherwise. If required, a quote for which
will be submitted separately and approved by the client.
Hosting charges are not included in the
quotations unless mentioned
otherwise. Nonstop can organise an appropriate hosting solution
if required, a quote for which will be submitted separately and approved by
the client. Where clients decide to organise their own hosting, we should be
consulted before finalising the type of hosting and database, as it should meet
the requirements of the technology used for the development. Please note
that we'll require full access with hosting support for testing and deploying the
application. Nonstop will not be liable for any delays or errors
caused by direct or indirect actions of the hosting company.
Nonstop generally builds and tests the
websites/applications on
our own servers or hosted domains. Nonstop cannot give access
to their test servers and test websites to the clients or any third party. The
website/application can be transferred-off to a nominated 3rd party server
upon full payment of all invoices and dues.
Nothwithstanding any other provision in the
agreement, in consideration of
the Customer entering into this agreement with Nonstop, upon
full payment of any outstanding invoices, Nonstop will grant an
unconditional license to the Customer to reproduce, publish, communicate,
use, exploit, vary, or otherwise deal with 1) the graphics, 2) texts and 3) images
used in the published website and associated of form and functionality. This
will not include the intellectual property relating to the production of the
website including the digital strategies, programming codes, database
structures, scripts, forms or functionalities.
All communications/correspondences are
generally done via emails. It is
client's responsibility to keep us updated with their relevant email addresses.
Digital Marketing/ Strategy Terms
All digital marketing/strategy packages are for a minimum of 6 months period.
Thereafter, cancel anytime with clear one month email notice.
They are billed monthly and are payable by the 1st of every month.
Packages are designed with keeping in mind Digital Marketing/Strategy requirements of
our clients. There are specific man-hours allocated each month and any unused man-hours
are not rolled over to the next month. No third party softwares or marketing expenses
are included.
Nonstop employs fair use policy, which means that although we don't formally transfer
over any unused time to the next month or formally accumulate unused man-hours, we do
understand that your needs may change from month to month, and we allow flexibility in
good faith sometimes.
Any extra hours used may be billed separately. Any urgent tasks will be charged
separately.
Payable by the 1st of every month. We strongly recommend our clients to have a direct
debit set-up for the same.
An administrative fee of $25 will be charged to the clients account for any late
payments or declined credit card charges.
There are absolutely no refunds for any fees related to the digital marketing/strategy
package.
Termination
All digital marketing/strategy packages are for a minimum of 6 months period.
Thereafter, cancel anytime with clear one month email notice.
Nonstop reserves the right to terminate at anytime with written notice to the Client.
Annual Maintenance Terms
All maintenance packages are for a minimum of 12 months period.
Maintenance packages are billed annually, however, are paid monthly via direct debit on
the 1st of every month.
Packages may include 12 months basic website hosting, email hosting and DNS hosting.
Packages are designed to serve website maintenance tasks only. The hours may not be used
for projects such as full redesign or major functionality add-ons.
Does-not include any Digital Strategy, Business Analysis, Solution Architect, SEO and
Digital Marketing work.
Work-hours are tracked in 15minutes blocks. The support time is used once every month to
take a full backup of your website. After that, we work on updating your CMS and plugin
versions along-with any website fixes that may arise as a result of the updates. Any
remaining hours can be used to make changes to the website. Any additional workhours are
requested for your approval.
Nonstop employs fair use policy, which means that although we don't formally transfer
over any unused time to the next month or formally accumulate unused man-hours, we do
understand that your needs may change from month to month, and we allow flexibility in
good faith sometimes.
Any extra hours used will be billed separately @ $15/hour incl GST.
The package is auto renewed every year on its anniversary date.
Payment Terms
Monthly maintenance package fees require credit card payment only. No other forms of
payment will be accepted for monthly maintenance. Monthly maintenance package fees will
be charged to the clients credit card on file on the 1st day of every month.
An administrative fee of $25 will be charged to the clients account for any late
payments or declined credit card charges.
More than three missed payments in a year may attract termination of the package and the
client will need to pay immediately the entire remaining amount on the package.
There are absolutely no refunds for any fees related to the monthly maintenance package.
Termination
In case Client need to cancel the auto annual renewal, please inform us in writing
(email) at least one month prior to the renewal date.
Ongoing term: For any reason if the Client decides to terminate an on-going maintenance
package then they will need to pay the balance amount of the remaining months.
Nonstop reserves the right to terminate annual maintenance at anytime with written
notice to the Client.
General Approach
For general website design & development projects we employ the following steps:
Upon quote acceptance/signoff, initiation payment is processed to start the project. As
required by the project, we may hold a Scoping Workshop to discuss the requirements in
detail.
Once we have the brand details such as logo, images, branding materials, etc., we will
have a mock-up for your review within 5 to 10 working days.
You can review the design and suggest improvements accordingly. Depending upon your
project, generally up to 3 to 5 design modifications that can be done within the given
estimates. Please refer to your allocated design and development hours for details.
Once the design is finalized & approved, we'll proceed with the HTML development. At
this stage we generally need around 3 to 5 banner text and/or images for rotation.
Once, HTML is done, if CMS is included in your project, we will proceed to setup your
website on your selected Content Management System (CMS). Please provide all content and
copy prior to the development phase.
Depending upon the time and resources allocated to your project, we'll transfer as much
content as possible from the old website to the new website. Remaining content can be
transferred via the CMS by your designated staff. We can provide the instructions needed
to help you do this.
Once the site is ready from our end, we generally hand it over to you for further
review, test and/or to upload/change contents as necessary.
At this stage you need to give us a Go-Live date for us to make the new website/project
live.
Your website can be made live within 3 to 5 working days of a Go Live approval, assuming
that the accounts are clear. Kindly note that we require full payment prior to
transferring the website on any external servers.
Kindly note, there are limited man-hours allocated on the project. The estimates for all
website under $5000 are based on an assumption that projects will to be completed over
eight to twelve working weeks depending upon the size of your project. Any further
delays may increase the project management costs. If you do not believe the project to
be completed within this time frame, please do let us know prior to starting the
project.
Also, generally speaking, going-back and forth takes a lot of time. We encourage you to
provide all necessary details, at the start of the project to ensure that the project
team's time is efficiently utilised on your project and you do not incur any unnecessary
additional costs.
You will be kept updated via emails and/or telephone calls as the project demands.
However, please do not hesitate to contact us any time you require a project status.
Also, please always keep us updated with your relevant email addresses/contact details.
Once the website/application has been made live on the client's domain, it is their
responsibility to take regular full back-ups and to update all components and third
party softwares.
We consider ourselves to be very flexible and adaptable and approach all requests with a
'can do' attitude. If you require something changed, please feel free to discuss with us.
Please contact us if you require further details or have any questions. We look forward to
working together with you on your project!
Payment/Refund Terms
All prices are quoted in Australian dollars
are inclusive of GST unless specified.
All invoices are to be processed as per the
schedule via your preferred method of payment.
Milestone payments must be made within 5
working days of each milestone/schedule, unless mutually agreed otherwise. Final payment
must be
made prior to website/application/project going live.
Receipt of payment is deemed as acceptance of
the quote, milestone, delivery, project and terms & conditions.
Nonstop reserves the right to negotiate and
refund appropriate portion of the amount paid by customer towards the requested service.
If you cancel your order after making the payment, but the work has not commenced, we
will refund 75% of the payment that you have already made.
If the order is cancelled after the commencement of work, the maximum refund or charge
will be 50% of the invoice. There will be no refund or
adjustments if cancellation is called when more than 50% of the work has been completed.
All cancellations must be received in writing and can be sent via regular mail, email or
fax. Telephone requests on cancellations will not be accepted.
For minor or once-off works, payments need to be made either in advance or as per the
terms mentioned in the invoice/proposal. If you require any changes to the terms, you
must inform us in writing (emails accepted) within two working days of the receipt of
the same.
Late fees and charges: All outstanding
invoices will incur a late payment fee of 10% of the pending amount and an
administration fee of $5.50 per month, from the due date.
Due date: Is the date on which the payment is
due as per the terms on the invoice/proposal.
Outstanding Invoice: An invoice is deemed to
be outstanding if the payment is still due after 14 days of the expiry of the due date.
Debt Collection: Client is provided a further
7 days after late payment fee is applied to pay the invoice. Failure to pay will result
in the outstanding amount referred to a debt collector. Nonstop will not be liable for
any costs or charges associated with the recovery of the outstanding amount. Any charges
associated with the recovery of the outstanding amount (debt collectors, administration
charges, legal fees) will be referred to the client for processing.
If you are late with a payment or have any
queries regarding the Invoice, please contact Accounts Manager immediately on receiving
the invoice or reminder emails.
All communications/correspondences are
generally done via emails. It is client's responsibility to keep us updated with their
relevant email addresses.
Any payment relating to the domain name
registration renewal or hosting or any 3rd party products or service purchased on behalf
of the client will have to be paid in full and is non-refundable. In case of all renewal
cancellations, we must be notified atleast 30 days before the renewal date.
Nonstop generally builds and tests the
websites/applications on our own servers or hosted domains. The website/application will
be transferred-off to the nominated 3rd party server upon full payment of all invoices
and dues.
Disputes, Liability and Indemnity
In an event of a dispute, Nonstop reserves
the right to charge the client in full for the work done as well as for the resources
spent in managing the dispute. In such an event, Nonstop reserves the right to charge
the client without honoring any discounts that were previously honored in good faith.
Under no circumstances will Nonstop be liable for any damages arising from
misrepresentation or misinformation.
Nonstop reserves the right to refuse service
to any client, if these are not aligned with our business operating principles and
policies.
Nonstop provides its services as is, without
any guarantees on security or other issues leading to loss of data, sale or reputation.
We ensure to the best of our ability that our systems and servers are protected from
hackers, viruses, intruders and other online and offline problems, however we will not
be held liable for any disruption of services if such situation arises.
Relationship of Nonstop with its suppliers,
partners and sub- contractors is of an independent nature. None of the parties have any
power, right or authority to interfere or bind the other or assume or create any
obligation or responsibility, whether expressed or implied, on behalf of the other or in
the other's name.
Client will indemnify and hold Nonstop, its
licensors, content providers, service providers, employees, agents, officers, directors,
contractors and sub-contractors (the "Indemnified Parties") harmless from your breach of
any of these Terms And Conditions or any other terms, conditions, policies or procedures
herein, including, without limitation, any use of content other than as expressly
authorized in these Terms and Conditions. Client agrees that the indemnified parties
will have no liability in connection with any such breach or unauthorized use, and you
agree to indemnify and hold harmless the Indemnified Parties from any and all resulting
loss, damages, judgments, awards, costs, expenses, and attorneys' fees in connection
therewith. You will also indemnify and hold the Indemnified Parties harmless from and
against any claims brought by third parties arising out of your use of the information
obtained from Nonstop.
Nonstop will not be liable for any breach of
the agreement which is caused by a matter beyond its reasonable control including but
not limited to Act of God, fire, lightning, explosion, war, disorder, flood, earth
quake, industrial disputes (whether or not involving their employees), extremely severe
weather, or acts of local or central government or other competent authorities.
Hosting
Hosting is an annual charge which must be
paid in advance for the whole year. Except if the client is under one of our Maintenance
packages.
It is the client's responsibility to renew
the hosting in time ie. before the expiry date. Failure to renew in time can lead to
loss of files, data, emails, backups etc. All unpaid hostings are disabled or deleted
from the server.
All renewals must be paid by seven working
days prior to the expiry date. Nonstop will not be responsible for issues relating to
delayed payment.
Hosting are on shared and non-shared servers
hosted via third party providers. Nonstop ensures best to our ability that our systems
and servers are protected from hackers, viruses, intruders and other online and offline
problems, however we will not be held liable for any disruption of services if such
situation arises.
Client is solely responsible for the content
stored on and served by the hosting service purchased and the activity of any scripts or
email services created under the hosting service. The Customer must maintain the
security of all account passwords and applications or scripts and ensure all scripts
under the hosting service are free from malicious content that may harm any part of the
Server, other client accounts hosted, or the external systems of visitors viewing the
hosted content.
In case of a malware attack, Nonstop reserves
the right to delete files on the hosting service without giving any prior notice.
Cancellation/Termination
Hosting Cancellation requests must be sent in
writing or by email one month prior to the expiry of the same. Once the hosting has been
renewed, it cannot be cancelled and must be paid for the full year.
If the hosting is not paid and renewed before
the expiry date. We reserve the right to disable the hosting and all associated services
including emails and dns records. Additional charges will be applicable to re-enable the
hosting. Nonstop will not be responsible for any loss of data, files, emails, backups,
restoration costs etc.
If a hosting has been cancelled / disabled
then all files, emails, databases and backups will be deleted from the server without
any notification to the client. Once all invoices are paid, it is client's
responsibility to request for the files subject to the below:
- Nonstop CMS is a proprietary CMS of
Nonstop. Nonstop owns copyrights of all codes written for any client, unless
arrangements are made prior to start of the project. Nonstop warrants a license to use
any custom built software for the client, for their use only. This license is granted
while paying for the hosting. Nonstop CMS cannot be transferred to any external host;
this includes any access to the software codes. FTP and Control panel access is not
provided if the website is using Nonstop CMS.
- Nonstop CMS is a proprietary CMS of Nonstop
and cannot be transferred to any external host.
Emails
All emails are to be downloaded on the
client's computer periodically. Email boxes must be kept within their quota limits.
Periodical maintenance may be carried out on the email box and emails older than 6
months are deleted.
Client's must not use the email hosting for
inappropriate content and other undesired emails which can result in spamming or
infecting the server. Under such circumstances, immediate action will be taken and the
required files and data will be deleted without any prior notice.
Nonstop offer packages in co-ordination with
third party providers. Changes to the third party provider's rules and policies may
ultimately effect the services we provide or the terms and conditions herein.
Hosting are on shared and non-shared servers
hosted via third party providers. Nonstop ensures best to our ability that our systems
and servers are protected from hackers, viruses, intruders and other online and offline
problems, however we will not be held liable for any disruption of services if such
situation arises.
Domains
All domain registrations and renewals are to
be paid in advance.
Expiration of a domain can result in service
disruption and loss of domain.
Nonstop will not be responsible if a domain expires due to non- payment / late payment
of the charges. All payments must be made by seven working days before the expiry date.
It is the client's responsibility to renew
their domain names with us. All invoices and dues must be paid in full before we release
the requested domain name.
Nonstop has the domains in a common pool
account and therefore cannot give access to its domain control panel.
Nonstop offer packages in co-ordination with
third party providers. Changes to the third party provider's rules and policies may
ultimately effect the services we provide or the terms and conditions herein.
Intellectual Property
All content of this website is a property of
Nonstop unless otherwise specified. Nonstop reserves the right to change the content or
policies without any prior notice.
The project related copyrights can be
transferred to the client at an additional cost, after the full payment of the project
and upon signing the Certificate of Acceptance. Nonstop reserves the rights to refuse
the transfer of ownership if irregular circumstances arise.
Copyrights handed over to the client do not
include rights to re-use the code for another website or re-sell the programming codes
for any commercial or non-commercial purposes. In the case of a business restructuring
or ownership change, ownership of the website may be transferred from one owner to
another. New owners are not allowed to re-sell or re-use for any commercial or
non-commercial purpose. Nonstop CMS is a proprietary CMS of Nonstop and can not be
transferred to any external host.
In an event of a Webmaster change, site
owners are not allowed to display the credits to the new website, unless such time that
the website functionality and appearance is changed by over 50% of our original work.
"Nonstop" is a trademark of the Nonstop of
India, along with the symbol which consists of an 'infinity' and also the logo "Nonstop
- registered company sign". Clients, Partners, Suppliers, Sub- contractors and any other
3rd party organization or individual are not allowed to use Nonstop trademarks including
the name, logo and symbol in any way shape or form without a written permission from us.
Please note that Nonstop reserves the right
to change the terms and conditions without notice.
