i. MintTwist Ltd will utilise its best efforts to maintain acceptable performance of services contracted for, but MintTwist Ltd makes absolutely no warranties whatsoever, express or implied, including warranty of merchantability or fitness for a particular purpose. MintTwist Ltd cannot guarantee continuous service, service at any particular time, or integrity of data stored or transmitted or received or stored on its system. MintTwist Ltd shall not be liable to Customer or any of its customers for any claims or damages which may be suffered by Customer or its customers, including, but not limited to, losses or damages of any and every nature, resulting from the loss of data, inability to access Internet, or inability to transmit or receive information, caused by, or resulting from delays, non-deliveries, or service interruptions whether or not caused by the fault or negligence of MintTwist Ltd
ii. MintTwist Ltd liability to Customer, and any end user of any package or other MintTwist Ltd services is limited to the amount paid to and received by MintTwist Ltd for services not accepted. In no event shall MintTwist Ltd be liable to Customer, or any end user or any other entity for any special, consequential, or other damages, however caused, whether for breach of contract, negligence or otherwise, even if MintTwist Ltd has been advised of the possibility of such damage
iii. Customer will take all necessary measures to preclude MintTwist Ltd from being made a party to any lawsuit or claim regarding MintTwist Ltd services provided to any Customer or end user. Customer hereby agrees to indemnify and hold harmless MintTwist Ltd from any and all claims of whatever nature brought by any of Customer's customers against MintTwist Ltd in excess of the remedy set forth in the clause above.
iv. MintTwist Ltd will acquire, on request, an Internet Domain Name on behalf of the Customer. In such case the Customer hereby must waive in writing prior to acquisition of said domain name, any and all claims which it may have against MintTwist Ltd for any loss, damage, claim or expense arising out of, or in relation to, the registration of such Domain Name in any on-line or off-line network directories, membership lists or registration lists, or the release of the Domain Name from such directories or lists following the termination of services by MintTwist Ltd for any reason. Any costs of MintTwist Ltd in obtaining or maintaining a domain name for Customer or its customers shall be immediately reimbursed to MintTwist Ltd upon invoice from MintTwist Ltd to Customer. Website Development
v. Site text and graphic content development will consist of only that which is described in the agreed development plan. Additional work required by MintTwist Ltd will result in charges beyond the estimate in this Agreement.
vi. The typical process for the creation of visuals, such as graphics and page designs, consists of MintTwist Ltd providing drafts and asking for feedback from the client. As a general standard, this estimate assumes that 2 rounds of this process for each design element will suffice. Any further changes will be charged additionally.
vii. MintTwist Ltd reserves the right to profile the site as a case study within its own site, and publish a link to the site.
viii. MintTwist Ltd shall be entitled to place an unobtrusive credit with a hypertext link ("Web design by KSS and MintTwist”) in the footer on one page of the web site.
ix. If the production process takes longer than 30 days, billing will switch to semi-monthly for actual hours worked, with invoices sent mid-month and at month's end.
x. MintTwist Ltd will maintain the confidentiality of Client's source materials, technical and marketing plans and all other sensitive information.
xi. MintTwist Ltd and Client agree that any dispute arising out of this Agreement shall first be resolved by mediation, if possible.
xii. Client is solely responsible for the editorial content of the material included on its website, including any copyright on images or photography used in the site design.
xiii. Coding for full compatibility with the unsupported browser system, ‘Internet Explorer 6’ is outside the scope of this project unless stated otherwise.
xiv. Web site design and files are the property of MintTwist Ltd. Upon full payment, web site design and files become the property of the Client.
xv. All time spent on project outside of the agreed project scope will be billed separately at the standard MintTwist Ltd hourly rate unless otherwise agreed.
xvi. Invoices issued by MintTwist should be paid within 15 days. After 15 days the Invoice amounts will accrue interest at a rate of 2% of the total, which will be applied to the Invoice on the first day for each month of non-payment.
xvii. By commissioning MintTwist to carry out this work you are agreeing to scope of the project as defined in this document.
xviii. The site will not go “Live” until MintTwist is in receipt of the final payment from the client.