Terms of Service

Terms of Service

For customers utilizing website design & development or other services provided by Soft Age Lanka

The following terms and conditions apply to all website development / design services provided by Soft Age Lanka to the Client. Acceptance of a quote, purchase and/or use of the Services shall be considered acceptance of the terms & conditions. Our clientele is our lifeline and as such, we want you, the client to be happy with our work and the service we provide to you. These Terms and Conditions therefore identify our general Terms of Business.

Authorization

The Client is engaging Soft Age Lanka for the specific purpose of developing and/or improving a Web site to be installed on the client’s web space located on a web server with the domain name.

Domain Registration & Hosting Server

Soft Age Lanka can assist the Client in obtaining a domain name or alternatively the Client can secure and supply its own. All fees related to securing domain names by Soft Age Lanka on behalf of the Client are payable to the selected domain name registrar and will be invoiced directly to the Client by the selected domain name registrar.
All fees related to establishing a hosting service is payable to the selected Hosting provider and will be invoiced directly to the Client by the selected Hosting provider. The Client understands that use of the hosting services is subject to the Terms and Conditions as provided by the Hosting provider.
The domain name & hosting server will be the property of the Client and as such the Client will be solely responsible for renewal and maintaining the said service and any resulting fees. The entire risk in obtaining and maintaining the Client’s domain name & hosting server lies with the Client. In no event will Soft Age Lanka be liable to the Client of any third party for any damages, including loss of profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate the Client’s domain service. The loss, cancellation or otherwise of the domain brought about by none or late payment is not the responsibility of Soft Age Lanka. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.

Web Design & Development

This terms of service contemplate the development by Soft Age Lanka of a standard website layout, and any source code required to complete the project as outlined in the Website Proposal.
It is the responsibility of the client to review in full all proposals for website development, and design provided by Soft Age Lanka. Should services or resources fall above the scope of the original proposal, Soft Age Lanka reserves the right either to refuse project add-on or invoice appropriately to account for additional time and materials needed.
The Client agrees that website design will not commence until the required down payment deposit is paid in full. Soft Age Lanka will provide an initial design concept based on the design brief provided by the Client.

Completion Date

Soft Age Lanka and the Client must work together to complete the website in a timely manner for both parties to remain profitable.
Soft Age Lanka agrees to work expeditiously to complete the project within a reasonable time frame except for any unforeseen circumstances or act of god. However, it is the client’s responsibility to provide all necessary information, payments to complete the project within the stipulated time. If the client fails to provide such information and payments and not contacting Soft Age Lanka for a period of more than one month Soft Age Lanka shall consider the project is cancelled and may request to settle the outstanding amount if there’s any based on the held up status of the project.

Cancellation & Redesigning

Upon confirmation of the proposal and payment of Advance Payment Deposit if the client decided to Cancel the project the Client must inform in writing to Soft Age Lanka. In the event the project is postponed or cancelled at the request of the Client, Soft Age Lanka reserves the right to retain the deposited money as developer’s cost. In the event this amount is not sufficient to cover Soft Age Lanka for time and expenses already invested in the project, additional payment will be due. If additional payment is due, this will be billed to the Client.
Upon completion or in the process of completion, if client request for redesigning or restructuring the website, it will be considered as a new web site designing and charges may incur according to the changes and modification for an additional cost which may agreed upon by both parties.

Cross Browser Compatibility

This terms & conditions contemplate the creation of a website viewable by website browsers most commonly used at the time of development of the project commences. Compatibility is defined as all critical elements of each page being viewable in each of the aforementioned browsers.

The Client is aware that some advanced techniques are used on the internet and latest mobiles, however, may require a more recent browser version and brand or plug-in. To be compatible with such latest browsers and mobiles new advanced source codes may to be purchased and installed which may incur in additional cost and such costs will be borne by Soft Age Lanka if your website is covered under our maintenance plan.

Content and Terms of Use, Copyrights & Trademarks

Soft age Lanka will provide the text taking into consideration the searching criteria and common text used for any website. If any advance or more elaborate text is required by the client, such text should be provided by the Client in a digital format.
Softage Lanka will use the most appropriate images that are available without any copyright restriction on the web. If the Client request or insists on any copyright images it is the Client’s responsibility to provide such image/s.
The Client hereby agrees to indemnify and hold harmless Soft Age Lanka from any claim resulting from the Client’s publication of material or use of those materials.
All services provided by Soft Age Lanka may be used only in accordance of the law.

Non Disclosure

The Client agrees that it will not convey any Confidential Information obtained about Soft Age Lanka to another party.

Intellectual property

The Client guarantees that they have legal rights to all elements of text, photographs, and anything else that they provide the Soft Age Lanka with, and will not hold the Soft Age Lanka responsible for any third-party claims.
All websites that design & develop by Soft Age Lanka has been built on a Content Management System (CMS). Soft Age Lanka retain ultimate ownership of Source Code, any Custom Programming and Code. The Soft Age Lanka will guarantee that they have legal rights to all elements related to the services they are providing and will not hold the client responsible for any third-party claims.
If Client wishes to work with new web developer for any reason, Client obligate to inform Soft Age Lanka before the Client proceed with the new developer. Soft Age Lanka will not grant access to the back end of the website for the Client or the Client’s agents. Soft Age Lanka will remove the website with all coding and refresh the Database. After that, the Client can proceed with new developer with the domain name & hosting server.

Design Credit

The Client agrees that Soft Age Lanka may place their logo within the Client’s website establishing design and development credit. The Client also agrees that the website created for the Client may be included in Soft Age Lanka’s portfolio.

Payment Terms

The Client understands that a minimum deposit of seventy percent (70%)of the total project cost is required to commence work.
Larger projects may be broken down into logical development stages and will require progress payments at the completion of each stage. Development of each stage will commence once payment is received for the previous development stage. If applicable, details of each development stage and the relevant progress payments will be outlined in the Website Proposal.
Upon completion of the website, a letter or email will be sent with an invoice to the Client advising that the work has been completed.
Final payment of the remaining balance plus any additional charges incurred will be due upon Softage Lanka informing the Client that the website has been completed. Thereafter, the Client should make arrangement to pay the the balance money within 05 days. If any anticipated delay shall occur to pay the final payment please inform Soft Age Lanka in advance.

Website Changes

There is a 05 days grace period upon completion of the web design, where all minor modifications to the site are free (for example, graphical changes). However, major structural, continual or graphical modifications are subject additional charges to be agreed mutually by both parties.

All modifications fee will depend on type and frame of work and how much time spends on it.

Website Maintenance & Update

Soft Age Lanka offers website maintenance for free of charge within first year in accordance with the proposal. From second year, services will be provided for a fee.

Once the site is completed, website updates and structural, continual or graphical modifications are subject to additional charges. And charges will depend on type and frame of work and how much time spends on it.

Dispute Resolution

If there is any dispute arising under here, the parties undertake to use all reasonable efforts in good faith to attempt to resolve the dispute which arises between them. A party may give the other party a notice of dispute in connection with this agreement. Both the parties must first attempt to resolve the dispute amicably on mutually reasonable terms before commencing any mediation.

Governing Law

This terms & conditions shall be governed and construed in accordance with the laws of Sri Lanka.

E-commerce

Client will responsible for complying with all relevant laws relating to e-commerce, and to the full extent permitted by law will hold harmless, protect, and defend and indemnify Webilicious ® and its subcontractors from any claim, penalty, tax, tariff loss or damage arising from your or your clients’ use of Internet electronic commerce.
Things that are not mentioned in this terms and condition and any dispute that may arise shall be solved amicable with the consent of both the parties.

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