Terms of Services
Here are the following terms of a legal agreement between you and Alpha Saker. Here, we clearly define the aspects of our business relationship with you.
Ensuring the safety and confidentiality of the information provided by the client is our topmost concern. We employ physical, electronic, and procedural safeguards to protect information that needs to be processed and maintained. For instance, we limit the information’s access to authorized staff for whom the availability of this information is vital in order to operate, develop and refine the product. Kindly note that despite our endeavors to safeguard the information, security breaches remain a possible threat.
- All site content (text and multimedia) will be the sole responsibility of the client to provide to Alpha Saker. Such should be provided prior to commencing the work.
- The client is solely responsible to take a proper backup of all content on their site prior to letting Alpha Saker undertake the required course of action toward meeting the contract. Any loss or damage to existing data shall not be the responsibility of Alpha Saker under any circumstances.
- The Contract does not hold Alpha Saker responsible for any data entry, web hosting, or custom artwork/graphics-related work/tasks unless otherwise specifically mentioned, paid for, and agreed to by both parties towards such. Any artwork, images, or text supplied and/or designed by Alpha Saker on behalf of the client, will remain the property of Alpha Saker and/or its suppliers unless otherwise agreed.
- While Alpha Saker will do its best to achieve all deliveries within the estimated time, there may, at times, be the need to extend or adjust the time in cases of any unavoidable and non-forecasted situations like those of deployment issues, dependencies, 3rd-Party support, development bottlenecks, resource unavailability due to an emergency, communication delays and the like.
- Alpha Saker will provide the Client an opportunity to review the appearance and content of the Website during the design and once they are completed. Alpha Saker shall wait for a period of 7 days to hear any feedback on such shared work/outputs from the client. In the event of the client does not reply within this period, such material will be deemed to have been automatically accepted and approved by the Client.
- The Client retains the copyright to data, files, and graphic logos provided by the Client and grants Alpha Saker 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 Alpha Saker’s permission and rights for use of the same and agrees to indemnify and hold harmless Alpha Saker from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. A contract for Web site design and/or placement shall be regarded as a guarantee by the Client to Alpha Saker that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
- Alpha Saker will not accept responsibility for any alterations caused by the Client or a third party occurring to the Client’s pages/website once installed/deployed. Such alterations include, but are not limited to additions, modifications, or deletions. Alpha Saker may require a one-off Web Development charge before resolving any issues that may arise.
- A cancellation fee may be charged if the Customer cancels the Service prior to completion. The fee will be equal to the amount of work completed at the point of cancellation.
- A non-payment of cancellation fee and/or overdue amount will result in legal action upon necessity.
Support and 3rd-Party
- As the site launches, we offer free support for the first month. After one month of free service, we charge according to our various price packages best suited to the client’s requirements. We also provide attractive discounts if the client chooses a higher-price package. The scope of support only includes any bug fixing and email support and excludes any issues related to the site architecture, rule changes, and add-ons/enhancements.
- No guarantees or warranties shall be provided by Alpha Saker for the accuracy or performance of such 3rd-Party product/service.
- Any upgrade in the 3rd-Party product/service being used in the project shall not be part of the scope at Alpha Saker. Such shall be addressed per feasibility and revision of price and time may be called for by Alpha Saker.
Re-work, Enhancements/Add-ons, and Billing
- Any additional features not envisaged in the scope of work would be entertained through a Change Management process and be additionally billed. Scope Creeps after wireframe sign-off would be billed as additional and timelines and costs for delivery would increase.
- Whilst we try our best to cover most changes within the budget of the site, some changes are classified as enhancements/add-ons to the system and become chargeable; we will advise you before we start work on any such items.
- Any re-work, change, or tweak request by the client post-approval and/or further to the subsequent stage of the project process might be treated as add-on work and be additionally billed.
- The client must pay the fee charged by Alpha Saker without any deductions, discounts, or debt settlement by the agreed due dates.
Limitations of Liability
- Alpha Saker will use reasonable skill and care in providing the Service. However, we make no representation and exclude any warranty, express or implied, as to the availability, quality, accuracy, timeliness, completeness, performance, or fitness of the Service.
- Alpha Saker hereby excludes itself, its Employees, and/or Agents from all and any liability for loss or damage caused by any inaccuracy; omission; delay, or error, whether the result of negligence or other cause in the production of the website; All and any liability for loss or damage to clients’ artwork/photos, data/content supplied for the site. This is whether the loss or damage results from negligence or otherwise.
- Except in the event of death or personal injury caused by our negligent acts or omissions, we shall not be liable in any way for any damages arising in contract, tort, or otherwise in respect of loss or damage arising out of or in connection with this Agreement or operation of the Service. In no event will we be liable for any direct, indirect, or consequential damages in contract or tort, including loss of profit, loss or damage to property, or relating to claims made by third parties.
- Alpha Saker cannot make guarantees of service on behalf of third-party organizations and will not be held liable for the failure of any service provided by third parties.
Approvals and Delivery
- The project will involve various stages and the work for the next stage will only start after receiving the sign-off and relevant payments for the previous stage as agreed.
- All code and material developed will be transferred post-completion of the project and after sign-offs. The code ownership will reside with the client after the final payments.
- Alpha Saker holds the Right to publish and use the completed work and/or even the deployed final produce/website for references to other potential clients. In circumstances such is required to be withheld, the client shall notify Alpha Saker well in advance and request prior and proper approvals towards the same.
Severability
- In the event, any one or more of the provisions of this Agreement and/or Order shall be held to be invalid, illegal, or unenforceable, the remaining provisions of this Agreement and/or Order shall be unimpaired and the Agreement and/or Order 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, illegal, or unenforceable provision.