It is our intent to serve our Clients to the best of our ability. One way we do this is by having a simple, yet clear agreement between Techberries and our esteemed client.
These are the terms of our agreement together:
- Purpose and Authorization: The Client is engaging Techberries, for the purpose of designing/developing and/or improving a “Software” to be installed on the Client’s web space on a web hosting service’s computer. The Client authorizes Techberries to access his account, and authorizes the web hosting service to provide Techberries with “written permission” for the Client’s web space. Client will share the login credentials to Techberries if required for future implementations and updates. Techberries will be sending official emails to client for accessing server when required for development or updates purpose.
- 2. Software Design & Content: The Client agrees that he is hiring Techberries for the development of his Software and agrees to provide Techberries ALL content for the Software such as text, images (if any) in an electronic format. Client understands that Techberries may choose not begin to develop/customize the website until all content is received.
- 3. Hosting: The Client understands that any web hosting services require a separate contract with a web hosting service provid If the client chooses Techberries for purchase of its domain and hosting of the client websites/software, Techberries will provide a bandwidth space for hosting the client website/ software as specified in the package selected by the client or in the contract signed by the client unless stated otherwise in the contract.
The charges for Hosting and domain name purchase are on a yearly recurring basis. Client understands that at the end of the year, the hosting and the domain contract has to be renewed by paying the annual charges.
Client understands that the storage and bandwidth space which Techberries is providing him with is for hosting the client website/ software. If the space exceeds that of the allocated space the client agrees to pay to Techberries an amount equal to that of the agreed hosting package selected by the client.
- 4. Services and System Development
- In General. In consideration of the fees described in Pricing Section of this Agreement, Developer will provide the services and complete the work described in this Agreement (“Services”) in order to develop and deliver the system. Developer shall meet update the customer fort-nightly on the progress on the System.
- Technical System Design. Developer shall develop the technical design for the System in accordance with this Agreement. The technical System design shall include hardware and software specifications, performance specifications, a narrative description of the System, a description of all input data (such as type, size, range of expected values, and relationship to other data), a description and pictures of all screens, including sequence diagrams, and definitions and descriptions of all outputs and reports to be generated and the process for generating them. Developer shall deliver the completed technical System design to Customer no later than 30 days, and Customer shall have ten (10) days thereafter in which to accept or reject it in writing. If Customer rejects it, Customer shall specify in writing its grounds for rejection and Developer shall use its best efforts to revise the design to make it acceptable to Customer within the following ten (10) days. If Customer rejects the technical System design a second time, Customer shall have the option of repeating the procedure once more or terminating this Agreement upon written notice to Developer
- Milestones and Completion Dates. Upon Customer’s acceptance of the technical System design, Customer and Developer shall set milestones and completion dates for the development of the System. Unless such milestones and dates are set forth and agreed to in writing by both parties, they shall not supersede any provisions of this Agreement.
- Acceptance. Developer shall deliver the completed System to Customer and install it at Customer’s location no later than Sixty days from the date of the acceptance, and Customer shall have thirty (30) days thereafter in which to accept or reject it in writing. If Customer rejects it, Customer shall specify in writing its grounds for rejection and Developer shall use its best efforts to make the System conform to the technical System design as soon as possible. Developer shall continue to use its best efforts to make the System conform to the technical System design until Customer accepts the System.
- Training. Developer shall provide Customer a total of 48 hours of training on use of the System at the site where the System is installed, as requested by Customer at any time within the first 30 days after delivery of the System.
- Maintenance. Developer shall perform remedial and preventive maintenance for the System after its acceptance so that the System continues to perform in accordance with the technical System design. Customer and Developer shall negotiate the terms and price of such maintenance services, but Developer shall not charge Customer more than 22% of the total cost of the project per year maintenance services after acceptance of the System. Customer shall have the right to terminate such maintenance services at any time upon thirty (30) days written notice to Developer. Developer shall have the right to terminate such maintenance services upon thirty (30) days written notice to Customer if Customer is in material breach of the maintenance agreement between Customer and Developer and remains in material breach for such thirty (30) days.
- Payment Terms / Work Flow. A minimum advance payment of half (50%) of the total amount is required to commence work. Once the advance is received by the Developer, basic site design concepts will be put on-line for the Client’s viewing and approval. Alternatively, Developer may show Client the designs in person. Communication between the Developer and the Client is crucial during this phase to ensure that the ultimate publication will match the Client’s taste and needs. Upon completion of this stage, the Client will be asked to confirm acceptance for the basic site design via email or by signing a printed copy of the design. Once this acceptance is received from the Client, the work necessary to complete the project will begin, and the second third of the total amount will be paid (50% of the balance amount remaining). Clients should continue, however, to continually view updates to the site and express their preferences or dislikes to the Developer. Upon completion of the web site, an email or letter and invoice will be sent to the Client advising the Client that the work has been completed. Final payment of the remaining 50% balance plus any additional charges incurred will due within fifteen (15) business days after delivery of completion email or letter and invoice. If the fifteen (15) day minimum is not met an additional charge of 10% is due. Developer reserves the right to remove all Web content from the Internet if payment is not made within thirty (30) days after delivery of our completion notification. Most frequently, problems with timely payment are the result of poor communication. If a payment delay is anticipated, please contact the Developer to discuss potential problems in advance. If problems are anticipated we may be able to accommodate an alternate arrangement.
- Nondisclosure. The Developer, its employees and subcontractors agree that, except as directed by the Client, it will not at any time during or after the term of this Agreement disclose any confidential information. Likewise, the Client agrees that it will not convey any confidential information obtained about the Developer to another party.
- Design Credit. Client agrees that the Developer may put a by line on the bottom of their index for establishing design and development credit. Client also agrees that the software created for the Client may be included in the Developer’s portfolio.
- Revisions: The client will be provided with maximum of 6 revisions in the design of the software and flexible revisions in the development stage according to the requirements mentioned by him. Any other revision & customization will be charged extra which will be added in the customized package selected by the client or billed in the final invoice sent to the client.
- Completion Date: If the software need to be install or designed and developed by Techberries, client and Techberries must work together to complete the website in a timely manner. We agree to work expeditiously to complete the software no later than 60 business days from the date of receipt of advance payment/ package selected. Any delay in approval of the software design/ development from the client or in providing of content & images to be uploaded on the software will result in additional charge which will be billed to the client in the final invoice post the completion of the website.
- Final Payment: The client agrees to pay the final billed amount within 5 working days of the date of receipt of the invoice. Any delay in the payment of the final amount will result an additional interest payment of 5% over and above the final billed invoice. Any non-payment of the bill for more than 10 business days can result in termination of the website and the client understands that he will not hold any right over the designs and development done by Techberries. Client also understands that Techberries can take legal action against the client in case of non-payment of the final billed amount.