This Services Agreement (the “Agreement”) contains the complete terms and conditions which govern your subscription of Website Design, Development, and other Internet-related services provided by Myanmar Digital Company (the “Services”). You acknowledge that you have read the Agreement, and you agree to its terms and conditions and all policies posted on the Myanmar Digital Company site. As referred to in this Agreement, “Site” refers to a World Wide Web site and ” Myanmar Digital Company”
The following terms and conditions apply to all website development/design services provided by Myanmar Digital Company to the Client.
Acceptance
It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote, then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.
Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.
Charges
Charges for services to be provided by Myanmar Digital Company are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 30 days. Myanmar Digital Company reserves the right to alter or decline to provide a quotation after the expiry of the 30 days.
Unless agreed otherwise with the Client, all website design services require an advance payment of a minimum of fifty (50) percent of the project quotation total before the work is supplied to the Client for review. The remaining fifty (50) percent of the project quotation total is due upon completion of the work, prior to upload to the server or release of materials.
Payment for services is due by cheque or bank transfer. Cheques should be made payable to Myanmar Digital Company and sent to Myanmar Digital Company. Bank details will be made available on invoices.
Client Review
Myanmar Digital Company will provide the Client with an opportunity to review the appearance and content of the website during the design phase and once the overall website development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies Myanmar Digital Company otherwise within ten (10) days of the date the materials are made available to the Client
Turnaround Time and Content Control
Myanmar Digital Company will install and publicly post or supply the Client’s website by the date specified in the project proposal, or at the date agreed with Client upon Myanmar Digital Company receiving initial payment, unless a delay is specifically requested by the Client and agreed by Myanmar Digital Company.
In return, the Client agrees to delegate a single individual as a primary contact to aid Myanmar Digital
Failure to provide required website content:
Myanmar Digital Company is a small business, to remain efficient we must ensure that work we have programmed is carried out at the scheduled time. On occasions, we may have to reject offers for other work and inquiries to ensure that your work is completed at the time arranged.
Therefore, we ask that you provide all the required information in advance. On any occasion where progress cannot be made with your website because we have not been given the required information in the agreed time frame, and we are delayed as result, we reserve the right to impose a surcharge.
If you agree to provide us with the required information and subsequently fail to do within two weeks of project commencement, we reserve the right to close the project and the balance remaining becomes payable immediately.
Payment
Invoices will be provided by Myanmar Digital Company upon completion but before publishing the live website. Invoices are normally sent via email; however, the Client may choose to receive hard copy invoices. Invoices are due upon receipt.
Additional Expenses
The client agrees to reimburse Myanmar Digital Company for any additional expenses necessary for the completion of the work. Examples would be the purchase of special fonts, stock photography, etc.
Web Browsers
Myanmar Digital Company makes every effort to ensure websites are designed to be viewed by most visitors. Websites are designed to work with the most popular current browsers (e.g., Firefox, Internet Explorer, Google Chrome, etc.). The client agrees that Myanmar Digital Company cannot guarantee correct functionality with all browser software across different operating systems.
Myanmar Digital Company cannot accept responsibility for web pages that do not display acceptably in new versions of browsers released after the website has been designed and handed over to the Client. As such, Myanmar Digital Company reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.
Default
Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on Myanmar Digital Company’s Web space, Myanmar Digital Company will, at its discretion, remove all such material from its web space. Myanmar Digital Company is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account. Cheques returned for insufficient funds will result in the Client’s account being immediately in default until full payment is received. Clients with accounts in default agree to pay Myanmar Digital Company reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Myanmar Digital Company in enforcing these Terms and Conditions.
Termination
Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. Telephone requests for termination of services will not be honored until and unless confirmed in writing. The Client will be invoiced for work completed to the date of first notice of cancellation for payment in full within thirty (30) days.
Indemnity
All Myanmar Digital Company services may be used for lawful purposes only. You agree to indemnify and hold Myanmar Digital Company harmless from any claims resulting from your use of our service that damages you or any other party.
Copyright
The Client retains the copyright to data, files, and graphic logos provided by the Client, and grants Myanmar Digital Company the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting Myanmar Digital Company permission and rights for use of the same and agrees to indemnify from all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the Client to Myanmar Digital Company that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
Design Credit
A link to Myanmar Digital Company will appear in either a small type or by a small graphic at the bottom of the Client’s website. If a graphic is used, it will be designed to fit in with the overall site design. The Client also agrees that the website developed for the Client may be presented in the Myanmar Digital Company’s portfolio.
Access Requirements
If the Client’s website is to be installed on a third-party server, Myanmar Digital Company must be granted temporary read/write access to the Client’s storage directories which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.
Post-Placement Alterations
Myanmar Digital Company cannot accept responsibility for any alterations caused by a third party occurring to the Client’s pages once installed. Such alterations include, but are not limited to additions, modifications, or deletions.
General
These Terms and Conditions supersede all previous representations, understandings, or agreements. The Client’s signature below or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.
Governing Law
This Agreement shall be governed by Myanmar Law.
Liability
Myanmar Digital Company hereby excludes itself, its Employees and or Agents from all and any liability from:
- Loss or damage caused by any inaccuracy.
- Loss or damage caused by omission.
- Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the website.
- Loss or damage to clients’ artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.
The entire liability of Myanmar Digital Company to the Client in respect of any claim whatsoever or breach of this Agreement, whether arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.
Severability
In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal, or unenforceable, the remaining provisions of this Agreement shall be unimpaired, and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal, and enforceable provision, which comes closest to the intention of the parties underlying the invalid.
