1. Contract: The client's approval for work to commence shall be deemed a contractual agreement between the client and Blue Ocean Global Technology. The approval for the work can be either an email confirming back the quote (with the quote document attached) or the quote document signed by the client.
Important: Approval for the work to commence and payment of the advance fee indicates that the client accepts these terms and conditions.
2. Material:All material supplied by the client shall remain the client's property. It will be assumed that this material belongs to the client and that it does not breach any copyright laws.
3. Domain Names: Blue Ocean Global Technology provides domain name consultancy if required. Domain names registered by Blue Ocean Global Technology on the client's behalf are property of Blue Ocean Global Technology until the client has paid for the domain booked and professional fees involved and previously agreed upon.
Blue Ocean Global Technology agrees to transfer this domain to the client or his/her agent when asked to do so provided that all accounts have been settled.
Note: Domains booked and owned by clients themselves are not subject to the matter discussed above. This term is related to only those domains booked by Blue Ocean Global Technology upon the request of clients.
4. Registration Charges:All third party costs resulting from the registration of a domain name/purchase of third party utilities/services shall be settled by the client and are payable to Blue Ocean Global Technology before a formal application for registration is completed. This is included in the standard invoice issued after approval for work to commence.
5. Copyright: Blue Ocean Global Technology will retain the copyright of any material, including design, artwork and the source code, created for the client by Blue Ocean Global Technology. Once final payment has been received by Blue Ocean Global Technology copyright may be transferred to the client if previously agreed. Blue Ocean Global Technology reserves the right to retain the copyright on all material created by Blue Ocean Global Technology unless otherwise agreed between the two parties in writing.
6. Photography and graphics:
Blue Ocean Global Technology may use stock photographs and images in the design and build phase of the site. Images and graphics purchased from stock libraries are not generally included in the quote and will only be included once the client has approved the additional cost.
General reworking and editing of artwork and photography supplied by the client will be included in the quote. However, where Blue Ocean Global Technology considers the amount or extent of work involved in editing or reworking assets, we may reserve the right to charge for the time of completing additional work.
7. Accessibility:: Responsibility for the adherence to American law regarding disabled accessibility rests with the client and not with Blue Ocean Global Technology. Adhering to accessibility guidelines may involve additional expense depending on a client's requirements and will be invoiced separately according to the client's requirements.
8. Browser compatibility: Blue Ocean Global Technology makes every effort to design pages that display appropriately in the released (at the date of project agreement) versions of the most popular current browsers - Microsoft Internet Explorer, FireFox, Safari, and Chrome. However, we cannot accept responsibility for pages that do not display appropriately in newer versions of browsers released after pages have been designed. While material display errors in recent and future versions are not a common occurrence, they do occur with greater frequency in older versions of web browsing software. For example, IE6 and IE7 are outdated browsers and text or images may not display exactly as the client and Blue Ocean Global Technology intended or how they are displayed in the most updated version as of the project completion date. Clients will be advised to download the updated version and instruct their stakeholders to do the same.
9. Search Engine Submission:Blue Ocean Global Technology is not responsible for the client'ss on-going web site promotion. Should the client require the site to be promoted, a separate contract must be agreed.
Blue Ocean Global Technology cannot guarantee the success of any search engine promotion activity because it is controlled by the search engines.
10. Cancellation: : Should the client wish to cancel at any point during the process, they shall remain liable for the work that has taken place and shall be invoiced accordingly. If cancellation takes place prior to completion, the client will be charged what Blue Ocean Global Technology considers to be a reasonable amount for the work.
11. Site maintenance:: Blue Ocean Global Technology does not maintain or update a client's website as part of the design payment, unless otherwise agreed between the two parties in writing. Blue Ocean Global Technology will negotiate a maintenance contract with the client.
12. Content: Blue Ocean Global Technology cannot be held liable for any information contained within the client's web site. The content of such remains the copyright and intellectual property of the client.
13. Portfolio of work: Blue Ocean Global Technology retains the right to display graphics and other web design elements as examples of their work in their respective portfolios, unless otherwise agreed between the two parties in writing.
14. Travel Time and Expenses: : Travelling time to and from client premises is not generally included in our estimate. If a visit/travel is required for meeting, The client will bear all the expenses or as agreed by both the parties.
15. Quotations: The price quoted to the client is for the work agreed on the quotation only. Should the client decide that changes are required, then we will provide a separate quote for the additional work and may need to review the timeline for completing the project.
16. Upfront Payment: An advance of 40% of the total cost of the project is required before work can commence. After work commences this is non-refundable.
17. Payment terms:Payment is currently accepted by Credit Card, Wire Transfer, or Check.
18. Payment:Payment will be due within 14 days of invoice. Full publication of the Web Pages may occur only after full payment has been received unless otherwise agreed. Any material previously published may be removed if payment is not received. When this occurs a minimum charge of US$ 100 will be required to have the site restored.
19. Internet Service Provider: The client understands that any Internet Service Provider (ASP) services or Website storage services will require a separate contract with the ISP. Blue Ocean Global Technology will agree to set up a domain name with host if required, but will not be held responsible for any changes made by the server supplied.
20. 1 Year Free Technical Support: We provide complimentary technical support for 1 year from the date of delivery that the project or project files are moved to the clientâ€™s hosting account. 1 Year complimentary technical support is available for all the bugs/errors found in our server side scripting or Java script errors. We offer complimentary support unless some other designer/developer modifies the project files that we have delivered.
21. Delayed Response From client Side: Unreasonable delays from the client in providing the required feedback/information/data to finish the project shall exempt Blue Ocean Global Technology from meeting the timelines mentioned in the quote.
22. Single Domain License: Unless otherwise agreed, client agrees to establish the scripts delivered only on one domain. However if client wish to run same website on different domain, then client has to purchase separate license for each domain.
23. License Validity Period:: License comes without expiration date as long as it is for a single domain.
24. Ownership of Code and Intellectual Property Rights:Unless otherwise agreed, Blue Ocean Global Technology is the owner of the source code and the intellectual property rights and reserves the right to reuse the code for other projects.
25. Profit Sharing: After client makes the agreed payment for the project, Blue Ocean Global Technology will not claim a share in the profits from operations or from the sale of the business, unless otherwise agreed between the two parties in writing.
26. Use of encrypted files: Unless otherwise agreed, for faster turn around and bug free application development, Blue Ocean Global Technology can use its own framework (code library in encrypted format) which is used for web applications development. Client will be provided with detailed documentation for using code library functions, with help of the documentation provided other programmers can modify the website functionality.
In no event, Blue Ocean Global Technology shall be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate these web pages or website. Despite the best efforts of Blue Ocean Global Technology, errors in web page information will occur. At no time will Blue Ocean Global Technology assume responsibility for accidentally including erroneous information beyond correcting the error.
Should Blue Ocean Global Technology waive any of these terms on an individual basis, this shall not affect the validity of remaining clauses or commit Blue Ocean Global Technology to waive the same clause on any other occasion.
By agreeing to these terms and conditions your statutory rights are not affected.
Blue Ocean Global Technology reserves the right to change or modify any of these terms or conditions at any time, but agreements signed prior to the updations in this agreement remains unaffected. Should clarification of any of the above be required, please contact us.