DigitalDeli.Biz
DigitalDeli.Biz
DigitalDeli.Biz
DigitalDeli.Biz
DigitalDeli.Biz Masthead

Web Development & Hosting Policy

Updated May 15, 2018



Our Policies:



WEB SITE DEVELOPMENT POLICY

  1. STATEMENT OF WORK. Developer (Digital Deli) provides web site design, development, programming and other consulting services to create Client Web Sites (as defined herein), as set forth in each statement of work, or modification to statement of work, agreed to by the parties, based on Client specification submitted to Developer.
  2. WORK PRODUCT LICENSE. Developer grants to Client and Client accepts a non-exclusive, non-sublicenseable, perpetual, worldwide license to publicly perform, publicly display and digitally perform the Work Product on the Internet.
  3. OWNERSHIP.
    1. DEVELOPER'S PROPERTIES. As between Developer and Client, Developer will at all times be and remain the sole and exclusive owner of the Developer Properties, defined herein as any property, in any format used in or made part of the Work Product which is not provided by the Client or a Third Party. Except as expressly authorized, Client will not copy, modify, distribute or transfer (by any means), display, sublicense, rent, reverse engineer, decompile or disassemble the Developer Properties.
    2. CLIENT'S PROPERTIES. As between Developer and Client, Client will at all times be and remain the sole and exclusive owner of Client Properties.
    3. THIRD PARTIES' PROPERTIES. Except as otherwise set forth herein, nothing shall cause or imply any sale, license, or other transfer of proprietary rights of or in any third party software or products from one party to this Agreement to the other party.

  4. INDEMNIFICATION.
    1. INTELLECTUAL PROPERTY. If either party (the Indemnitee) promptly notifies the other (the Indemnitor) in writing of a claim against Indemnitee that any of the Developer Properties or Client Properties infringes a presently existing proprietary right of a third party, and if Indemnitee specifies in such notice that the claim is based to any extent upon an alleged infringement by any portion of Indemnitor's properties, the Indemnitor, with respect to and the extent of the portion of the claim pertaining to the Indemnitor's properties, shall indemnify and defend such claim at its expense and pay any costs or damages, including any attorney's fees and/or expert witness or consulting fees, that may be incurred or finally awarded against the Indemnitee.

  5. WARRANTIES.
    1. DEVELOPER WARRANTIES. Developer represents and warrants that the Work Product does not and will not knowingly: (a) violate any law or regulation, including, without limitation, the laws and regulations governing export control; (b) be defamatory or trade libelous; (c) be pornographic or obscene; or (d) contain any viruses, Trojan horses, worms, time bombs or other computer programming devices which are intended to damage a user's system or data or prevent the user from using same. Developer does not warrant the Work Product to be error free.

      Developer further represents and warrants that (a) it will use commercially reasonable efforts to insure the Work Product will substantially conform to the Acceptance Criteria (see paragraph 6 below) for a period of thirty (30) days after testing (provided Client makes no changes to the Work Product, the server, the hardware or any technology related to any of them; and (b) there is no outstanding contract, commitment, or agreement to which Developer is a party or legal impediment of any kind known to Developer which conflicts this Agreement or might limit, restrict or impair the rights granted hereunder.

    2. CLIENT WARRANTIES. Client represents and warrants that the Client Properties will not knowingly: (a) violate any law or regulation, including, without limitation, the laws and regulations governing export control; (b) be defamatory or trade libelous; (c) be pornographic or obscene; or (d) contain any viruses, Trojan horses, worms, time bombs or other computer programming devices which are intended to damage a user's system or data or prevent the user from using same.

      Client further represents and warrants that (a) Client has all rights necessary for the production, distribution, exhibition and exploitation of the Client Properties as part of the Work Product consistent with the license granted in this Agreement; and (b) there is no outstanding contract, commitment or agreement to which Client is a party or legal impediment of any kind known to Client which conflicts this Agreement or might limit, restrict or impair the rights granted hereunder.


  6. DISCLAIMER.
    THE FOREGOING WARRANTIES BY EACH PARTY ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER PARTY SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY COVER OR SETOFF NOR FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.


    LIMITATION OF LIABILITY.
    DEVELOPER'S LIABILITY TO CLIENT FOR ANY REASON AND UPON ANY CAUSE OF ACTION, WHETHER SOUNDING IN TORT, CONTRACT, OR ANY OTHER LEGAL THEORY, SHALL AT ALL TIMES AND IN THE AGGREGATE BE LIMITED TO THE THE AMOUNT ACTUALLY PAID BY CLIENT TO DEVELOPER DURING THE THREE (3) FULL CALENDAR MONTHS IMMEDIATELY PRECEDING THE MONTH IN WHICH THE EVENT UPON WHICH LIABILITY IS PREDICATED FOR SERVICES PROVIDED BY DEVELOPER HEREUNDER, EXCLUSIVE OF ANY EXPENSES REIMBURSED PURSUANT TO THIS AGREEMENT. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED OR IMPLIED HEREIN, DEVELOPER SHALL HAVE NO LIABILITY FOR ANY DAMAGES, WHATSOEVER RELATING TO THE TOOLS, THIRD PARTY PRODUCTS, OR ANY GOODS OR SERVICES NOT DEVELOPED OR PROVIDED BY DEVELOPER.


  7. REFUND AND CANCELLATION.

    Payments for custom web design and development including E-Commerce projects are typically made with progress payments depending on the size of the project. Payment of deposits for work are not refundable. If a project is cancelled or postponed by Client, all payments made by Client are retained by Developer and if applicable, a fee for all work completed beyond what was already paid for shall be paid by the Client.


  8. DEFINITIONS.
    1. Client Properties shall mean all text, pictures, sound, graphics, video and other data supplied by Client to Developer.
    2. Developer Properties shall mean the Work Product except for the Client Properties.
    3. Client Web Site shall mean the HTML, CSS, Java, PHP, SQL and related files that render Client text, graphics files, animation files, data files, including underlying technologies for scripting and programming (in object code form), documentation, and each and every deliverable developed by Developer and delivered to Client in accordance with the terms and conditions of this Agreement, excluding Client Properties.


WEB SITE HOSTING POLICY


Digital Deli Logo


This site and all contents, unless otherwise noted, are Copyright © 2021 DigitalDeli.Biz™, a QC Communications digital property. All rights reserved. The material on this site may not be reproduced, distributed, transmitted, cached or otherwise used, except with the prior written permission of QC Communications. Use of this website signifies your agreement to the policies governing this site. Please read our Website Policies.


DigitalDeli.biz Logo