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.
Last Updated Date: February 03, 2020

Authorization

  • The Client is engaging Soft Age Lanka for the specific purpose of developing/designing a website to be installed on the web space provided by Soft Age Lanka located on a web server with the domain name.

Domain Name & Hosting Server - Registration & Renewals

  • Since Soft Age Lanka is web developers & designers only, Soft Age Lanka will provide the Domain Name and Hosting Server from an International Domain & Hosting Providing companies.
  • Soft Age Lanka provides the Domain Name behalf of the Client (or alternatively the Client can secure and supply domain name its own) from GoDaddy.com and subject to GoDaddy’s Domain Name Registration Terms and Conditions. And the Domain Name will be registered under the Client’s name.
  • Renewal of Hosting is due on a yearly basis. The date of renewal will be annually from the date that the advance payment received by Soft Age Lanka. Soft Age Lanka provides Domain Name & Hosting Server from international providers, so renewal is base on USD which may fluctuates day by day.
  • If a Domain name is purchased by the Client through a company other than Soft Age Lanka, the Client has full responsibility in making sure that the domain name is renewed when due. Soft Age Lanka will not renew the Domain name when annual Hosting renewal is due if the Domain name is purchased through a company other than Soft Age Lanka.
  • When a Client renews Hosting with Soft Age Lanka, this also includes Domain renewal if the renewal is needed to keep the site functioning and was purchased as part of the Hosting package. If the Client does not renew the Hosting, their Domain name could be made available to the public for purchase and Soft Age Lanka cannot be held liable for this.
  • Soft Age Lanka reserve the right to deactivate any website where the Hosting has expired and the Client has not paid the renewal charge. There will be an admin fee set by Soft Age Lanka for reactivating the website/Hosting.

Web Design & Development

  • This agreement contemplates the development by Soft Age Lanka of a standard website layout, graphic creation, javascript and any source code required to complete the project as outlined in the Website Proposal.
  • Soft Age Lanka will design & develop website according to the provided 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.
  • Soft Age Lanka offers both custom and template websites depending on the Clients’ needs and budget.

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.
  • Soft Age 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.

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.
  • 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.
  • As a web designer and developer, Soft Age Lanka retains the ultimate ownership of the website Source Code, any Custom Programming and Code. Soft Age Lanka does not provide back-end access to the website unless otherwise specified.
  • If the Client wishes to work with new web developer for any reason, Soft Age Lanka transfer your domain name to any desired domain provider and the domain transfers can take 5 to 7 days to complete. Soft Age Lanka DOES NOT handover hosting or website data files to the Client for any reason.

Limitation of Liability

  • The Client agrees that any material submitted for publication will not contain anything leading to an abusive or unethical use of the Web Hosting Service, the Host Server or Soft Age Lanka. Abusive and unethical materials and uses include, but are not limited to, pornography, obscenity, nudity, violations of privacy, computer viruses, harassment, any illegal activity, spamming, advocacy of an illegal activity, and any infringement of privacy.
  • It is also understood that Soft Age Lanka will not publish information over the Internet which may be used by another party to harm another. Soft Age Lanka will also not develop any unlawful website for the Client. Soft Age Lanka reserves the right to determine what is and is not unlawful.

Non Disclosure

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

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 (60%)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 Soft Age 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.

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. (View Maintenance Plan here.)
  • Once the site is completed, website changes (ad new pages, forms, change photos etc.) are subject to a fee. And charges will depend on type and frame of work and how much time spends on it. And all updates can be done only in our regular working days & hours.

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.

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 Soft Age Lanka from any claim, penalty, tax, tariff loss or damage arising from Client or Client’s clients’ use of Internet electronic commerce.

Governing Law

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