These are the standard terms and conditions for Website Design and Development and apply to all contracts and all work undertaken by Samui Infotech Co., Ltd. for its clients.
1: Our fees and deposits
A 50% deposit of the total fee payable under our proposal is due immediately upon you instructing us to proceed with the website design and development work. The remaining 50% shall become due when the work is completed to your reasonable satisfaction but subject to the terms of the “approval of work” and “rejected work” clauses. We reserve the right not to commence any work until the deposit has been paid in full.
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.
1.1: Additional Fees – Outstanding of any project work
The follow fees are, if there is some work – outside a project work:
- Urgent Changes on Your webpage: We charge THB 1500 per request
- Changes with no more than 5 hours per request: We charge THB 400 per hour
- Changes between 6 hours and 15 hours per request: We charge THB 350 per hour
- Changes with more than 16 hours per request: We do a project proposal, and it is charged as above
1.2: Charges for 3rd party support (such as Your hosting provider issues etc)
Any support time for 3rd party support, eg Your hosting provider issues, we need to charge a THB 1000 per issue.
1.3: Payments for hosting providers and hosting space
Samui Infotech is able to provide hosting space or is able to advise what hosting provider fits your business. All fees for any hosting space needs to get paid either in advance, or if You order your own hosting provider plan, You will be asked for a prepayment too. Samui Infotech is NOT responsible for any unpaid hosting provider or hosting space. In circumstances You get off your website, if there is a missing payment from your side.
Upon completion of the 3-day review period, we will invoice you for the 50% balance of the project. The due date of this invoice or any normal invoice are 3 days and the payment needs get done.
2.1: Delayed payments of our monthly services result in an immediate cessation of services.
2.2: A resumption of activity will take place once all outstanding invoices have been paid.
2.3: Delayed payments of our website design and development services result in a temporary closing of Your website and Your logins
3: Offers / Proposal
In all offers/proposal we are showing You the service prices, meaning, the “real work” prices. Additional prices, such as a theme we need to buy, or a special plugin we need to buy, we will discuss with You and You will find it on the proposal self.
Domain names, hosting provider fees etc, are basically yearly fees and will not written on an offer/proposal, respectively will be written down separate and will NEVER be a part of our service prices.
4: Additional expenses
You agree to reimburse us for any requested expenses which do not form part of our proposal including but not limited to the purchase of templates, themes, plugins, third party software, stock photographs, fonts, domain name registration, web hosting or comparable expenses.
5: Supply of materials
You must supply all materials and information required by us to complete the work in accordance with any agreed specification. Such materials may include, but are not limited to, photographs, written copy, logos and other printed material. Where there is any delay in supplying these materials to us which leads to a delay in the completion of work, we have the right to extend any previously agreed deadlines by a reasonable amount.
Where you fail to supply materials, and that prevents the progress of the work, we have the right to invoice you for any part or parts of the work already completed.
If You can’t provide and supply materials, we can provide and advise You where and what 3rd parties (partners from us) can help You. They will also advise and invoice You directly.
For additional work, such as organizing images or creating a logo, we are able to do it, but we need to charge an extra fee per effort.
If there is a corporate identity or branding rules from your company, we need to know about it.
3.1 Termination of supplying of material by project start: We expect to get all materials, such as images, logos and text (content) in a 5 day period, just after the deposit payment.
We are pleased to offer you the opportunity to make revisions to the design. However, we have the right to limit the number of design proposals to a reasonable amount and may charge for additional designs if you make a change to the original design specification.
Our website development phase is flexible and allows certain variations to the original specification. However any major deviation from the specification will be charged at the rate of THB 350.00 per hour.
7: Project delays and client liability
Any time frames or estimates that we give are contingent upon your full co-operation and complete and final content in photography for the work pages. During development there is a certain amount of feedback required in order to progress to subsequent phases. It is required that a single point of contact be appointed from your side and be made available on a daily basis in order to expedite the feedback process.
8: Approval of work
On completion of the work you will be notified and have the opportunity to review it. You must notify us in writing of any unsatisfactory points within 3 days of such notification. Any of the work which has not been reported in writing to us as unsatisfactory within the 3-day review period will be deemed to have been approved. Once approved, or deemed approved, work cannot subsequently be rejected and the contract will be deemed to have been completed and the 50% balance of the project price will become due.
9: Rejected work
If you reject any of our work within the 3-day review period, or not approve subsequent work performed by us to remedy any points recorded as being unsatisfactory, and we, acting reasonably, consider that you have been unreasonable in any rejection of the work, we can elect to treat this contract as at an end and take measures to recover payment for the completed work.
10: Warranty by you as to ownership of intellectual property rights
You must obtain all necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names and trade marks, or any other material that you supply to us to include in your website or web applications.
You must indemnify us and hold us harmless from any claims or legal actions related to the content of your website.
Once you have paid us in full for our work we grant to you a license to use the website and its related software and contents for the life of the website.
9.1 Additional costs, referring to theme / plugin licenses: Depend of the theme/plugins we use, there are recurring costs, either yearly costs or half yearly costs. We will ask You if You like to have a new version of it, and will ask You for the half or full yearly cost to pay. Samui Infotech will never pay for license, as long as You not want an update for it.
12: Search engines
We do not guarantee any specific position in search engine results for your website. We perform basic search engine optimisation according to current best practice.
13: Consequential loss
We shall not be liable for any loss or damage which you may suffer which is in any way attributable to any delay in performance or completion of our contract, however that delay arises.
To the full extent permitted by law, all terms, conditions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise (other than the express provisions of these terms and conditions) relating in any way to the services we provide to you are excluded. Without limiting the above, to the extent permitted by law, any liability of Samui Infotech Co., Ltd, under any term, condition, warranty or representation that by law cannot be excluded is, where permitted by law, limited at our option to the replacement, re-repair or re-supply of the services or the payment of the cost of the services that we were contracted to perform.
We reserve the right to subcontract any services that we have agreed to perform for you as we see fit.
We (and any subcontractors we engage) agree that we will not at any time disclose any of your confidential information to any third party.
17: Governing Law
The agreement constituted by these terms and conditions and any proposal will be construed according to and is governed by the laws of Thailand. You and Samui Infotech Co., Ltd, submit to the non-exclusive jurisdiction of the courts in and of Thailand in relation to any dispute arising under these terms and conditions or in relation to any services we perform for you.
18: OWNERSHIP OF DOMAIN NAMES AND WEB HOSTING
We will supply to you account credentials for domain name registration and/or web hosting that we purchased on your behalf when you reimburse us for any expenses that we have incurred.
You are responsible for maintaining your own backups with respect to your website and we will not be liable for restoring any client data or client websites except to the extent that such data loss arises out of a negligent act or omission by us.
In most hosting providers, there are some backup mechanism including. Please refer to Your hosting provider, in what intervals backup are done.
If You need a better backup strategy, we are able to help and like to offer you a proposal.
You are 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 Samui Infotech Co., Ltd, and its subcontractors from any claim, penalty, tax, tariff loss or damage arising from your or your clients’ use of Internet electronic commerce.
21: Cross browser compatibility
By using current versions of well supported frameworks such as “Bootstrap” or similar, we endeavor to ensure that the web sites we create are compatible with all current modern web browsers such as the most recent versions of Internet Explorer, Firefox, Google Chrome and Safari. Third party extensions, where used, may not have the same level of support for all browsers. Where appropriate we will substitute alternative extensions or implement other solutions, on a best effort basis, where any incompatibilities are found.
22: GDPR Compilance and Privacy Policies
Depend of Your business area, we will advise You to act in the terms of GDPR compilance.
Last Update: 19th of April 2018