34. Access requirements
In order to install the design in question, Degraf must be granted read/write access to the customer’s storage directories; those directories must be accessible via FTP. Depending on the project, other resources might have to be configured on the server end (for scripts, image maps, etc.)
35. Alterations to Project Technical Specifications
Once the Project’s Technical Specifications have been agreed, all further alterations to the Technical Specifications may be subject to additional charges for research and redevelopment time. Some Specification decisions may depend on initial research, or upon the presentation of options to the client, in which case the Price Quote may have to be sectioned into Phases.
36. Intellectual Property
All program code, database designs and visual solutions remain the intellectual property of Degraf or it’s subcontractors. All code fragments contain a statement to this effect, hidden within the web pages (not visible on screen).
37. Alterations by Third Parties
Once a Technical Solution has been delivered to the client’s satisfaction, Degraf or it’s subcontractors cannot accept responsibility for any technical failure caused by development work carried out by third parties.
38. Project Feasibility
In the case of re-development of existing Technical Solutions, we will need to charge an initial research fee.
Degraf or it’s subcontractors remain under no obligation to accept projects where the scale of re-development due to code legacy is high. In such cases we will suggest alternatives, or try to source alternative solution providers.
39. Responsibility for Technical Failure
Once a project has been signed off by the Client, we will support Technical Failure where the scope of the problem lies within our Project Development remit. We do not accept responsibility for Technical Failure due to our 3rd party providers i.e. Web Site Hosts, Internet Service Providers, Domain Name Servers, On-line Credit Handling companies, Communications companies, Search Engines. Wherever reasonably possible, we ensure that the Client’s Internet-based software solution is available and functional as agreed in the Technical Specifications.
40. Web Hosting, Email & Domain services:
Degraf shall use its reasonable endeavours to make the server and the Services available to the Customer 100% of the time but because the Services are provided by means of computer and telecommunications systems, Degraf makes no warranties or representations that the Service will be uninterrupted or error-free and Degraf shall not, in any event, be liable for interruptions of Service or downtime of the server.
Degraf shall have the right to terminate this service with immediate effect by notice in writing to the Customer if the Customer fails to make any payment when it becomes due.
41. Recommendations: Web Hosting, Email & Domain Name services.
We accept no responsibility for the Web Hosting, Email, and Domain Name services or any other Technical difficulties that may arise due to the recommendation of 3rd party providers. These are 3rd party providers over which we have no Technical control. We recommend these services, and believe them to be reliable.
We can deliver solutions to other Web servers, provided they support the necessary Technical Solutions agreed upon in the Project Technical Specifications.
42. Legal requirements
It is the client’s responsibility to ensure that the work complies with the laws of the country for which it is intended.
These conditions and all other express terms of the contract shall be governed and construed in accordance with the laws of England and parties hereby submit to the exclusive jurisdiction of the English courts.