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Terms & Conditions

The following terms and conditions apply to all web applications, website development, mobile apps and design services provided by X Designs S.A.R.L. to or for the Client. And can be changed upon X Designs S.A.R.L. desire without any further notice.

1- 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.

2- Charges

Charges for services to be provided by X Designs S.A.R.L. are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 30 days. X Designs S.A.R.L. reserves the right to alter or decline to provide a quotation after expiry of the 30 days.

Unless agreed otherwise with the Client, all website design services require an advance payment of a minimum of fifty percent (50%) of the project quotation total before the work is supplied to the Client for review. A second charge of twenty five percent (25%) is required after the development stage, with the remaining twenty five percent (25%) of the project quotation total due upon completion of the work, prior to upload to the server or release of materials.

The 50% deposit is only refundable if we have not fulfilled our obligations to deliver the work required under the agreement. The deposit is not refundable if the development work has been started and you terminate the contract through no fault of ours.

Payment for services is due by cheque or bank transfer. Cheques should be made payable to X Designs S.A.R.L. and sent to X Designs S.A.R.L., Mansourieh, Old Main Road, Ghosn Wakim Center, 2nd Floor

3- Payment Terms

Invoices will be provided by X Designs S.A.R.L. upon offer signature.

Fifty percent (50%) should be paid upon invoice delivery, invoices must be settled in full 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. Accounts that remain unpaid thirty (30) days after the date of the invoice will be assessed a service charge in the amount of the higher of five percent (5%) or fourty five dollars (45$) per month of the total amount due.

X Designs S.A.R.L. reserves the right to decline further work on a project if there are invoices outstanding with the Client.

4- Client Review

X Designs S.A.R.L. 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 X Designs S.A.R.L. otherwise within ten (10) days of the date the materials are made available to the Client.

5- Domain names and Hosting

Domain name can be provided by the client if he does not want to buy this service from X Designs S.A.R.L.

Hosting of the first year should be bought from X Designs S.A.R.L. and can be changed on the second year in case the client requested so.

In case of changing hosting, X Designs S.A.R.L. is not committed to any request by the client in case there were errors in the website on the new hosting that is not managed by X Designs S.A.R.L.

6- Turnaround time and content control

X Designs S.A.R.L. will install and publicly post or supply the Client's website by the date specified in the project proposal, or at date agreed with Client upon X Designs S.A.R.L. receiving initial payment, unless a delay is specifically requested by the Client and agreed by X Designs S.A.R.L.

In return, the Client agrees to delegate a single individual as a primary contact to aid X Designs S.A.R.L. with progressing the commission in a satisfactory and expedient manner.

During the project, X Designs S.A.R.L. will require the Client to provide website content; text, images, movies and sound files

7- Failure to provide required website content

To remain efficient X Designs S.A.R.L. must ensure that the work that have programmed is carried out at the scheduled time. On occasions we may have to reject offers for other work and enquiries to ensure that your work is completed at the time arranged.

This is why 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 of up to 25%. If your project involves Search Engine Optimisation we need the text content for your site in advance so that the SEO can be planned and completed efficiently.

If you agree to provide us with the required information and subsequently fail to do within one week of project commencement we reserve the right to close the project and the balance remaining becomes payable immediately. Simply put, all the above condition says is do not give us the go ahead to start until you are ready to do so.

NOTE: Text content should be delivered as a Microsoft Word, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website. These pages should have the same titles as the agreed website pages. Contact us if you need clarification on this.

Using our content management system you are able to keep your content up to date your self.

8- Additional Expenses

Client agrees to reimburse X Designs S.A.R.L. for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography etc.

9- Web Browsers

X Designs S.A.R.L. makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Internet Explorer 8 & 9, Google Chrome, etc.). Client agrees that X Designs S.A.R.L. cannot guarantee correct functionality with all browser software across different operating systems.

X Designs S.A.R.L. cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website have been designed and handed over to the Client. As such, X Designs S.A.R.L. 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.

10- Termination

Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. E-mail or telephone requests for termination of services will not be honoured until and unless confirmed in writing. The 50% deposit is only refundable if we have not fulfilled our obligations to deliver the work required under the agreement. The deposit is not refundable if the development work has been started and you terminate the contract through no fault of ours. The Client will be invoiced for design work completed to the date of first notice of cancellation for payment in full within thirty (30) days.

11- Indemnity

All X Designs S.A.R.L. services may be used for lawful purposes only. The client agrees to indemnify and hold X Designs S.A.R.L. harmless from any claims resulting from his use of X Designs S.A.R.L. service that damages the client or any other party.

12- Permission and Copyright

Copyright of the completed web designs, images, pages, code and source files created by X Designs S.A.R.L. for the project shall be with the Client upon final payment only by prior written agreement. Without agreement, ownership of designs and all code is with X Designs S.A.R.L..

These terms of use grant a non-exclusive limited license so that the Client can use the design on one website on one domain name only. The Client is not permitted to use a design for more than one website without prior written agreement between the Client and X Designs S.A.R.L..

The Client agrees that resale or distribution of the completed files is forbidden unless prior written agreement is made between the Client and X Designs S.A.R.L..

The Client hereby agrees that all media and content made available to X Designs S.A.R.L. for use in the project are either owned by the Client or used with full permission of the original authors. The Client agrees to hold harmless, protect and defend X Designs S.A.R.L. from any claim or suit that may arise as a result of using the supplied media and content.

The Client agrees that X Designs S.A.R.L. may include development credits and links within any code X Designs S.A.R.L. designs, builds or amends. If X Designs S.A.R.L. designs a website for a Client, then the Client agrees that X Designs S.A.R.L. may include a development credit and link displayed on the Client’s website. If X Designs S.A.R.L. builds or amends a website for a Client, then the Client agrees that X Designs S.A.R.L. may include a development credit and link displayed on the Client’s web page, which may be within the code but not displayed on a web browser if requested by the Client.

The Client agrees that X Designs S.A.R.L. reserves the right to include any work done for the Client in a portfolio of work.

The Client agrees to abide by the terms of any third party software or media included within any work done for the Client. Examples of this include, but are not limited to, Googlemaps, Media under the Creative Commons license, RSS feeds, Open Source GPL Software etc.

13- Standard media delivery

Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format (ASCII text files delivered on floppy disk or via e-mail or FTP) and that all photographs and other graphics will be provided physically in high quality print suitable for scanning or electronically in .gif, .jpeg, .png or .tiff format. Although every reasonable attempt shall be made by X Designs S.A.R.L. to return to the Client any images or printed material provided for use in creation of the Client's website, such return cannot be guaranteed.

14- Design and Development credit

A link to X Designs S.A.R.L. will appear in either 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. If a client requests that the design credit be removed, a nominal fee of twenty five percent (25%) of the total development charges will be applied. When total development charges are less than five thousand US dollars (5000 USD), a fixed fee of one thousand US Dollars (1000 USD) will be applied. The Client also agrees that the website developed for the Client may be presented in X Designs S.A.R.L. portfolio, without the condition to remove it.

15- 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.

16- Liability

X Designs S.A.R.L. hereby excludes itself, its Employees and or Agents from all and any liability from:

    a- Loss or damage caused by any inaccuracy;
    b- Loss or damage caused by omission;
    c- Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site;
    d- 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 X Designs S.A.R.L. to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not 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.

Updated on: March 18, 2015