Terms & Conditions
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Project Terms – Black Belt Digital Terms and Conditions
It is the clients’ responsibility to read and to make themselves aware of the Black Belt Digital Terms and Conditions.
All quotes are valid for 3 months.
During the project briefing, it is the client’s responsibility to provide us with clear guidelines along with the flow or specific details you may require. When such details are not provided, we will proceed with our understanding of your 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.
Once proposal has been finalised, any additions, changes or enhancements in the functionality or design of the project will affect the proposal and may incur additional cost and a revised delivery date. All additional work, over and above the estimates is charged separately. Under no circumstances will Black Belt Digital be liable for any delays caused by change in the project brief.
Any complexity related to specific deliverable, 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 of their expectations. Any discrepancy arising due to unclear requirements or expectations will not be borne by Black Belt Digital. Website content and all related materials need to be provided to us within the first four weeks of starting the project. Any delays thereafter may delay the project and may incur additional charges if it goes beyond reasonable timeframe.
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 or unforeseen schedule interruptions. 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.
Black Belt Digital takes no responsibility of any of the third party products, software or components used in the application development such as payment gateway, SSL certificates etc. We suggest you to take regular back-ups to avoid any disruptions. Black Belt Digital takes no responsibility of any open source products such as WordPress, Open Source carts, Joomla etc. It is clients responsibility to update all components and third party softwares. Black Belt Digital 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. Black Belt Digital owns copyrights of all codes written for any client, unless arrangements are made prior to start of the project. Black Belt Digital 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.
From the anniversary of the site going live the client is responsible for the annual application fee detailed as part of the proposal. Please note that we’ll require full access with hosting support for testing and deploying the application.
Black Belt Digital will not be liable for any delays or errors caused by direct or indirect actions of any hosting company.
Black Belt Digital cannot give access to their test servers and test websites to the clients or any third party. Technology support of additional 5 working hours is given to all medium and large size projects, for any basic modification or changes, which may be utilised for up to a period of one month after the delivery, called the User Acceptance Period.
Please note that these support hours are not applicable if the design or coding or any other aspect of the website has been altered by anyone other than the Black Belt Digital team.
Payment & Refunds
All prices are quoted in Australian dollars are exclusive 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 going live.
Receipt of payment is deemed as acceptance of the quote, milestone, delivery or project.
Black Belt Digital 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 or email.
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 14days 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.
Black Belt Digital 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. I
If you are late with a payment or have any queries regarding the Invoice, please contact us immediately on receiving the invoice or reminder emails.
All communications/correspondences is generally done via emails. It is client’s responsibility to keep us updated with their relevant email addresses.
Any payment relating to hosting or any 3rd party products or service purchased on behalf of the client will have to be in full and is non-refundable.
In case of web-hosting renewals all cancellations must be notified to us 30 days before the renewal date.
If client chooses a 3rd party hosting provider prior to starting a project, Black Belt Digital will build and test the application on one of our own servers or hosted domains. The website may be transferred-off to the nominated 3rd party server upon full payment of all invoices and dues.
All content of this website is a property of Black Belt Digital unless otherwise specified.
Black Belt Digital 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 User Acceptance.
Black Belt Digital 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 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.
Clients, Partners, Suppliers, Sub-contractors and any other 3rd party organisation or individual are not allowed to use Black Belt Digital name, logo and symbol in any way shape or form without a written permission from us.
Disputes, Liability and Indemnity
In an event of a dispute, Black Belt Digital 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, Black Belt Digital reserves the right to charge the client without honoring any discounts that were previously honored in good faith.
Under no circumstances will Black Belt Digital be liable for any damages arising from misrepresentation or misinformation. Once an agreement is entered into, if the agreed timeline moves out for any unforeseen circumstances, Black Belt Digital is in no way liable for any ‘perceived’ loss of business.
Black Belt Digital will go to reasonable lengths to rectify any issues that pertain to the original briefing for the project.
Black Belt Digital reserves the right to refuse service to any client, if these are not aligned with our business operating principles and policies.
Black Belt Digital 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 Black Belt Digital 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 Black Belt Digital, 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 Black Belt Digital.
Black Belt Digital 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.