STANDARD TERMS AND CONDITIONS

These are the standard terms and conditions for Website Design and Development, Mobile Application Design and Development, Design Graphics Work, Search Engine Optimization/Search Engine Marketing Work and all other services offered by AcuSync and apply to all contracts and all work undertaken by AcuSync for its clients.

QUALIFYING SITES

AcuSync reserves the right to refuse work on any projects that:

  • Promote sexually explicit materials, products, or services
  • Promote violence
  • Promote discrimination, including but not limited to, that based on race, sex, religion, nationality, disability, sexual orientation, or age
  • Promote illegal activities
  • Promote an unconventional and unusual political agenda
  • Promote controversy that might damage the reputation of AcuSync

SUPPLY OF INFORMATION & MATERIAL

The client is responsible for the supply all materials and information required for Acusync to complete the work in accordance with any agreement that has been specifified. This material and information may include, but is not limited to, logos, graphics, videos, animations, photographs, written content, and other documentation. In the event there is a delay in supplying this information & material to us which in turn leads to a delay in the completion of the work, AcuSync reserves the right to extend any previously agreed deadlines to incorporate any of those delays.

In an event where a client falls short of supplying information & materials which further prevents the development of the work, we reserve right to invoice the client for any areas of work already completed.

VARIATIONS

AcuSync is pleased to offer our clients the opportunity to make revisions to the design and prefer to engage the clients early on to ensure that they are an integral part of the design process. However upon website or milestone completion, we have the right to limit the number of revisions to a reasonable amount and may charge for any additional designs if you make a substantial change to the original design specification.

The number of revisions for standard website, e-commerce, and design graphic packages sold on the website are listed in the package pricing section and these revisions are documented through our revision process which includes forms, mock up and project management tools. These revisions are limited to revision period designated by package or contract. After the revision period has expired, AcuSync is no longer obligated to continue to making revisions under the same web package contract.

Within reason, if the client is unable to provide revision feedback within the designated revision period, the client must communicate this in the beginning of the revision process after the milestone or completion of the initial design. AcuSync will try to best work with the client to reschedule this revision period to accommodate the client however this will be void if the client requests to make revisions during the original revision period.

Note we are flexible in our approach and allow for certain variations to the original specification. However any major deviation from the specification will be charged at the rate of $100.00 per hour for custom projects and $50.00 per hour for any standard website or e-commerce packages.

PROJECT DELAYS AND CLIENT LIABILITY

Any timeframes or estimates that Acusync provides are contingent upon the client’s full co-operation and complete and prompt delivery of any content that may be required to continue work on the project. During development there is a definite level of feedback required in order to advance to subsequent phases. It is a requisite that a distinct point of contact be appointed from your side whether an individual, or if utilizing a team of people than  a team leader is designated and be made accessible on a daily basis in order to advance the feedback process.

APPROVAL OF WORK

On completion of the project or a phase of the project you will be notified and given the opportunity to review it during the revision process. You must notify us in writing through the AcuSync Portal, through the feedback wizard or through an emailed revision form of any unsatisfactory points within the revision period. If the package has allowed for multiple revisions than each item of concern that you want included in the revision must be collectively written in either the feedback wizard, issued via email or by the revision form this is how we account for revisions.  Any work which has not been reported in writing to us as unsatisfactory within the revision period will be considered to have been approved. Once the client has approved, or the work has been deemed approved, work cannot subsequently be rejected, consequently the contract will be considered as completed and if a balance is remaining on the project, than that will become due.

REJECTED WORK

If the you the client rejects any of our work within the revision period, or does not approve work performed subsequent to the feedback we receive in regards to a revision or subsequent revisions. Acting reasonably AcuSync will attempt to remedy this unsatisfactory work in the best possible manner, but if we consider that the client has been unreasonable in any rejection of the work, we can choose to deem the contract as at a conclusion and take action to recover any unpaid payments for the completed work.

OUR FEES AND DEPOSITS

When purchasing a standard package directly from the website, the purchaser is instructing AcuSync to initiate work on the project.

For services and products where a quote has been issued in the cases of a unique customized solution including products like a fully customized website design and development or a mobile application design or development payment terms are flexible depending on the total contract value. Payment terms for these projects can either be 50% at beginning of the project and 50% at project completion or broken down into thirds or quarterly payments in milestone payments as mutually agreed upon the client and AcuSync, with the first payment being considered as the deposit.

With projects of this nature, a deposit is due immediately upon you instructing us to proceed with the website or mobile application design and development work. The remaining shall become due when the milestone or work is completed to your reasonable satisfaction but subject to the terms of the “approval of work” and “rejected work” clauses. AcuSync reserves the right to hold the commencement of any work until the deposit has been fully paid.

The deposit is only refundable if AcuSync has not fulfilled our obligations to deliver the work required under the agreement. If the development work has been started, the deposit is non-refundable if you decide to terminate the contract due to no fault of ours.

OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS OF MATERIAL PROVIDED

You must acquire all required permissions in respect of the use of all copy, graphic images, registered company logos, names and trademarks, or any other material that you supply to us, which you want included in your website or mobile applications.

You must indemnify us and hold us not liable for any claims or legal actions related to the content of your website.

LICENSING

Licensing will only be granted to you the client, once you have paid us all payments for our work. We will grant you a license to use the website and its related software and contents for the life of the website. Any 3rd party software or content that is integrated into your website or mobile application will be licensed in accordance to the terms and conditions of the 3rd party provider.

STANDARD TERMS AND CONDITIONS

These are the standard terms and conditions for Website Design and Development, Mobile Application Design and Development, Design Graphics Work, Search Engine Optimization/Search Engine Marketing Work and all other services offered by AcuSync and apply to all contracts and all work undertaken by AcuSync for its clients.

SEARCH ENGINE OPTIMIZATION

We do not, and cannot guarantee (No one can), any specific position in search engine results for your website. We perform search engine optimization is accordance to the current best practice. In the event that you purchase an one time on site SEO package or a monthly campaign we go beyond the basic SEO

CONSEQUENTIAL LOSS

AcuSync shall not be held liable for any loss or damage, or potential loss or damage, which you may bear which is in any way attributable to any delay in the performance and/or completion of the work set out in the contract, however that delay may arise.

DISCLAIMER

To the full extent permitted by law including all terms, conditions, activities, incentives, warranties or representations whether implied, expressed, statutory or otherwise (other than the express provisions set out in these terms & conditions) relating in any way to the services we make available to you are excluded. Without limiting any of the above, to the extent of the law, any liability of AcuSync under any condition, term, representation, or warranty that by law cannot be excluded is, where permitted by the law, limited at our decision to the substitution, re-supply or re-repair of any of the services or the compensation of the cost of the services that we were contracted to complete.

SUBCONTRACTING

AcuSync reserves the right to subcontract any services or work that we have agreed to perform for you as we deem fit.

NON-DISCLOSURE

AcuSync and any subcontractors hired by AcuSync, will abide to all non-disclosure agreements and agree that at all times during the course of a project and a non-disclosure agreement we will not disclose any of your personal or confidential information to any third party which is not directly involved with the project. When purchasing web hosting or a domain name, the client agrees that your personal details will shared to ensure that the 3rd Party hosting and Domain services are registered under the clients name and email address in harmonization with the 100% Ownership Guarantee on our web packages and any other packages where 3rd Party hosting and Domain are required.

OWNERSHIP OF DOMAIN NAMES AND WEB HOSTING

Upon completion of the project, AcuSync will supply to you account credentials for your domain name registration and, if applicable, web hosting credentials that we may have purchased on your behalf if it was included within the price of a web package or project. In the event that domains and hosting are required but have not been included in the proposal and within the agreed upon price, you will be required to reimburse us for any expenses that we have incurred.

GOVERNING LAW

The agreement constituted by these terms and conditions and any future proposal will be interpreted according to and is governed by the laws of Canada. You and AcuSync  submit to the non-exclusive jurisdiction of the courts in and of Canada in relation to any dispute that may arise in accordance to these terms and conditions or in relation to any services we perform for you.

E-COMMERCE

You are responsible for complying and following any relevant laws involved with e-commerce, and to the full extent allowed by law will hold harmless, protect, and defend and indemnify AcuSync and its subcontractors from any penalty, claim, tax, tariff loss or damage arising from you or your clients’ use of Internet electronic commerce.

ADDITIONAL EXPENSES

You agree to reimburse us for any requested expenses which are not part of our proposal including, but are not limited to the purchase of templates, third party software, stock photographs, fonts, domain name registration, web hosting or comparable.

All standard website and E-commerce packages sold on the website will include any templates, stock photographs, written content, domain name registrations within the pricing packages as outlined in each specific pricing package.

BACKUPS

You are responsible for maintaining your own backups with respect to your website after the job is complete and we will not be liable for restoring any client data or client websites except to the extent in which such data loss in a result of a negligent act or omission caused by us. We will provide a backup file of the website and store a copy of the backup file for the warranty period.

CROSS BROWSER COMPATIBILITY

By using current versions of supported content management systems such as “Wordpress” or “Joomla”, we endeavor to ensure that the websites we produce are compatible with all up to date modern web browsers including the most recent versions of Internet Explorer, Firefox, Google Chrome and Safari. Third party extensions, where utilized, may not have the equivalent level of support for all browsers. Where suitable we will substitute alternate extensions or implement other solutions, on a best effort basis, where any incompatibilities are to be found.