Updated May 15, 2018
WEB SITE DEVELOPMENT POLICY
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.
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.
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.
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.
WEB SITE HOSTING POLICY
Company (Digital Deli) agrees to provide, and Client (User) agrees to subscribe, to web hosting and telecommunications services to maintain the availability of Client web site via the Internet. Hosting Services shall be provided by Company to User in consideration of a payment of applicable fees and in accordance with the terms and conditions set forth in Company policy Agreement. Client understands that Company is providing Hosting Services to User and other customers and that such services are non-exclusive.
The use of a web site development agreement may provide some or all these materials for web site Hosting.
It is warranted during the term of this Agreement that the Hosting Services will substantially conform to the material portions of Hosting Services' Plan and Service Level published. There is no warranty that your access to your web site by yourself or another party will be private, secure, uninterrupted or error free. If the Hosting Services are found to be defective, Company's sole responsibility under this warranty shall be at Company's sole discretion, to (i) advise the User how to achieve substantially the same functionality using a different procedure; (ii) correct the Hosting Services, (iii) replace the Hosting Services, or (iv) if these remedies are impractical, terminate Hosting service and refund any unused fees paid by User for hosting service.
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.