Terms & Conditions
TERMS & CONDITIONS: SOFTWARE DEVELOPMENT
Our desire is to delight the customer by going above and beyond your expectations. One way is to make clear our understandings with each other with no hidden fees.
These are the terms of our agreement together:
1. Authorization: The customer is engaging Bizoost and sole proprietor John Romano, as an independent contractor for the specific project of developing and/or improving a software project to be installed on the customer's web space on a web hosting service's computer. The customer hereby authorizes Bizoost to access this account, and authorizes the web hosting service to provide Bizoost with "write permission" for the customer's webpage directory, cgi-bin directory, and any other directories or programs which need to be accessed for this project. The customer also authorizes Bizoost to publicize their completed software project to Web search engines, as well as other Web directories and indexes. If the customer does not have website hosting Bizoost will provide at additional “hosting & management” packaged pricing listed on Bizoost.com
Bizoost love’s as much participation as possible from our customers, although we require that all edits suggested by the customer and employees must go through and get “OK’d” by one point of contact before submission to Bizoost.
2. Quotations and Estimates: All quotations and estimates provided by Bizoost for software development are valid for a period of 30 days from date of issue. Quotations not accepted within this timeframe must be re‐issued.
Estimates may be provided by Bizoost to offer the client a guide on the projected costing of a project prior to any discovery or research for said project. All estimates will be clearly marked as such and are not an indication of the exact final cost to develop the application.
All estimates will need to be formalized to a quotation or invoice before acceptance by either party as the final cost of the application.
3. Alterations: Any alterations requested by the client after development has begun will incur extra development and regression testing time. Dependent upon the alteration or change requested an average of 1 day extra development time per alteration should be allowed for. The 1 day average may not be indicative of the time required and can be extended commensurate of the time involved to implement said changes.
Bizoost will not accept responsibility for any alterations performed by the client or any third party which may cause or induce errors within the quoted application.
If Bizoost are required to correct said alterations or errors resulting from said alterations, induced, injected or otherwise caused by parties other than Bizoost, the client will be charged at the hourly rate that is current for Bizoost at the time said errors are to be fixed.
4. Software: If the customer or an agent other than Bizoost attempts to modify software and ending in a support ticket, time to repair software will be assessed at the hourly rate, and is not included as part of the managed services. Monthly maintenance includes issues that affect the stability and working order of your software, scripts, components and plug-ins. No additional charges will be billed to the customer once server logs and case points to system malfunction,. Bizoost is not responsible for cosmetic software reconstruction to the customer’s software and will be provided a quote at a fair and competitive hourly rate. Bizoost managed hosting services commences upon the date of the launch of the clients software.
Additional charges include services such as marketing campaigns including search engine related, graphic design, copy writing, modifying pages once final design has been confirmed, extensive database modifications, and extensive software training. In efforts to expand and grow Bizoost this hourly rate is subject to change with a 90 day notice to the client. Bizoost customers can use any System Administrator and Programmer they see fit to work on each issue. Customers also have the option to use any hosting and management providers at any time. Although Bizoost will be entitled to compensation for services rendered through the date of termination at the standard labor rate. Along with additional charges if migration of data is needed.
5. Content: Digital content documents are supplied by the customer during the design and development stage. All revisions of content will be revised by the customer through the installed content manager. If the customer does not supply Bizoost complete content and discussed graphic’s for all web pages by the time of launching the software project, the remaining fee’s on the contract becomes due and payable within 30 days. Said content, if available, will be used for testing purposes and may not be formatted how the client requires it. If content is not available, mock placeholder content will be used. Time required to make substantive changes to customer-submitted text after the web pages have been constructed will be additional and subject to hourly rate service charges.
6. Completion Date: Bizoost and the customer must work together to complete the software project in a timely manner. We agree to work expeditiously to complete the project by the date added listed on the sales invoice and or project description. Bizoost allocates a project time frame for each project. Once substantial delay’s accure by the customer, project completion date is no longer valid and subject to Bizoost accommodations.
7. Payments & Fees: Fees to Bizoost are due and payable on the following schedule: 50% upon signing this contract for project commencement. Then a final 50% on project completion before going live and prior to file relinquishment, or upload and/or assembly of software project on the web server. After the final payment has been made and project completion, the customer will receive a copy of all images, content and all software project files and access codes. If the total amount of this contract is less than $600, the total amount shall be paid upon signing this contract. In case the customer has not secured web space on a web hosting service by the time the webpages are completed, the web pages may be delivered to the customer on diskette or attached to an e-mail message. Going live, Advertising the pages to Web search engines and updating occur only after the final payment is made. All payments will be made in US funds.
8. Late fees: In order for Bizoost to remain in business, payments must be made promptly. If an amount remains delinquent 30 days after its due date, an additional 3% penalty will be added for each month of delinquency. Bizoost reserves the right to remove webpages from viewing on the Internet until final payment is made. If litigation is commenced by either party to enforce the terms of this agreement, the succeeding party shall be entitled to reasonable attorney fees. This agreement becomes effective only when signed by Bizoost. Regardless of the place of signing of this agreement, the customer agrees that for purposes of venue, this contract was entered into in Cook County, Illinois, and any dispute will be litigated or arbitrated in Cook County, Illinois.
8. Assignment of Project: Bizoost reserves the right to assign subcontractors to certain projects to insure the customer is getting the highest quality of product, as well as on-time completion. Any assignment to a subcontractor will be at no additional cost to Customer, and the Customer shall not be liable to any subcontractor for payments.
9. Third Party Damages: In no event will Bizoost be liable to the customer for any third party’s 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 webpages or software project, even if Bizoost has been advised of the possibility of such damages. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
10. Intellectual Property (Copyrights and Trademarks): The customer represents to Bizoost that to the best of customer’s knowledge any elements of content, graphics, photos, designs, trademarks, or other artwork furnished to Bizoost for inclusion in webpages are owned by the customer, or that the customer has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend Bizoost and its subcontractors from any claim or suit arising from the use of such elements furnished by the customer.
Unless specified all quotations provided by Bizoost, do not include any source code license.
All source code and associated intellectual property relating to said source code, developed by Bizoost, solely remains the property of the customer, except where specific code license has been issued to the client and said issuance has been indicated in writing from Bizoost.
Any alteration, reverse engineering, or manipulation of any kind on the code, compiled or otherwise, created by Bizoost for the quoted application may be a breach of trademark and copyright laws. If said breach is confirmed, penalties will apply under the relevant acts.
Any costs incurred by Bizoost for third party code license required to complete the quoted application are the responsibility of the client and will be solely borne by the client. Any such third party code license will be attached to the existing Bizoost code license for the quoted application.
11. Copyright to Webpages: Copyright to the finished assembled work of webpages produced by Bizoost is owned by the customer and the customer has the right to take the finished product to any company for hosting services. Rights to photos, graphics, source code, files, and computer programs are transferred to the customer, and remain the property of their respective owners. Bizoost will take no responsibility for damages or losses incurred by the client from the use of material for which permission or authority has not been obtained.
Bizoost and its subcontractors retain the right to display graphics and other Web design elements as examples of their work in their respective portfolios. Bizoost reserves the right to display “Development by Bizoost” and a hyperlink to Bizoost.com at the footer of customers website. Customer may opt out with a 5% surcharge will be added.
12. Laws Affecting Electronic Commerce: From time to time governments enact laws and levy taxes and tariffs affecting Internet electronic commerce. The customer agrees that the customer is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend Bizoost and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the customer's exercise of Internet electronic commerce.
13. Sole Agreement: The agreement contained in this "Customer agreement” in conjunction with the separate detailed quote constitutes the sole agreement between Bizoost and the customer regarding this project. Any additional work not specified in this contract must be authorized by a written change order. All prices specified in this contract will be honored for one (1) month after both parties sign this contract. Invoiced Fee’s for services after that time may require a new agreement if pricing or product details have been changed.
14. Refund Policy: Customer can stop work by registered letter or email (with confirmation) for a refund within the 1st half of the projected time frame (shown on the invoice), to the address listed in section 1. Work completed shall be billed at the hourly rate as stated above, and deducted from the initial payment, the balance of which shall be returned to the customer along with all files. If, at the time of the request for refund, work has been completed beyond the amount covered by the initial payment, the customer shall be liable to pay for all work completed at the hourly rate stated above. No portion of this initial payment will be refunded unless written application is made within 7 business days of initial deposit.
Within the scope of these Terms and Conditions and any documents accompanying these Terms and Conditions;
• Application and quoted application refers to the product that is being quoted or referenced to within the quotation, estimate or invoice.
• Client refers to the person or body that is referenced within the quotation, estimate or invoice as being the requestor of said document or a representative of the requestor acting on their behalf.
• Third party product refers to any code, product, library or reference that is not solely created by Bizoost or representatives of Bizoost.
• Code and source code refers to any programmatic files that Bizoost need, create, use or require during the course of developing the quoted application.
• Residency is the term used for where the developed application will reside once completed, this could be, but not limited to; a web server, in‐house server, external server, or client desktop computer.