Terms & Conditions

Scope:

Contractor provides information technology services to the Client.

Contractor provides development services for Client. This service contains multiple phases of the project, which is detailed below. Contractor will store and display process on an independent hosting service and will not share code, files or other material with the Client or any third party until project is finished the below mentioned ways. After that Client gives access to the code, files and all material required for the project to be released on the Client’s hosting service. If Client requires additional consultation regarding the above, that will add as an extra phase to the project, and has the same hourly rate as other services. Client understands that purchasing domain name and hosting service is out of the scope of the Contract and Contractor has no obligation regarding in what way Client is going to use the provided material in the future. Also Contractor has no obligation after the termination of the Contract to do any kind of work, such as maintenance, alterations or other on the project. Once the Contract is terminated and any bug or defect is reported by the Client, Contractor will decide if the further service will be invoiced to the Client based on the nature and quantity of work, but Contractor is not obliged to do any kind of work free of charge

All further details of the service will be listed in the Phase Report files which documents are handled as extension of the Contract.

Location:

The Client and the Contractor confirm that they are both UK entities, and all financial transactions happen within the borders of the UK, and for all legal procedures the UK regulations and law will apply.

Fees:

Hourly rate is set in the Contract.

The Contractor receives an hourly rate of above for any kind of information technology services. If the project requires extra investment eg. software or hardware purchase from a third party, that is necessary for the fulfilment, Parties declare their requirements in the Phase Report, and Client bears expenses for the above.

Payment:

the Contractor issues invoices to the Client.

The payment is made to the Contractor’s personal HSBC Bank account with a reference of the invoice number.

Payment also accepted via Paypal using the dgloria@freemail.hu email address with a reference of the invoice number.

Intellectual Property:

The service Contractor provides, all information about the project, all files, designs, Phase Reports, and other documents are solely the intellectual property of Contractor, therefore Contractor is not obliged to disclose any of the above listed material to the Client, and even if this occurs, Client cannot disclose any of the above material to third party before the Contract is terminated.

Fulfilment:

the Contractor will provide the above service personally. the Contractor will keep Client informed of the process on a daily basis through the Client Area of Contractor’s website. If this is not available for any reasons, the reporting will be made to the Client’s contact e-mail address. If none of these options are accessible for the Contractor, it will do it’s best to notify the Client of the unforeseen events occurred. Any cases the Contractor must divert from the process written in the current Phase Report, Contractor will inform Client as early as possible of the events occurred. the Contractor otherwise will follow the plan and scheduling settled in the current Phase Report. At the end of the phase based on the time sheet report filled in daily and provided to the Client. As per client’s requirement this can be sent by mail, or accessed via the website’s client area, which is protected with username and password.

Contractor and Client agree to meet after each phase and discuss the project, and the details of the following phase. If Parties agree the phase was successful, then the Client releases payment for the finished phase. The Client has 30 calendar days to fulfil the payment after the Phase Report date. If the payment is not fulfilled within this period, the Contract will be terminated with a Termination Letter from the Contractor and an Unsuccessful Final Phase Report sent to the Client’s address as well as any further service will be refused, and the procedure will take place written in the Unsuccessful Termination section. If after the last phase of the project parties agree that no further development is currently necessary, Parties agree that the Contract is Terminated with success and record this in the Successful Final Phase Report.

Unsuccessful Termination:

In case the Parties agree not to proceed to the next stage, and the project is not successfully finished, Contractor will remove any files, design and other related material from Client’s hosting service, and Client deletes all stored files and documents from its servers that belong to the intellectual property of the Contractor, and does the necessary to avoid any of the above to leak out or wilfully be disclosed to third parties. Parties sign the Unsuccessful Final Phase Report and briefly describe the disagreement details for future reference.

Other Termination

Client can request to terminate the Contract by mutual written agreement, in that case Client will be invoiced with the hours worked on the project proven by the workhour provided by the Contractor as attachment to the final invoice. In this case the processes written in the Unsuccessful Termination section will have to be followed. In case Client is not accessible for more than 1 month, Contractor terminates the Contract single sided, and send and invoice of all unpaid works along with the above detailed documents to Client’s postal address.

Additional documentation:

The workhours and the Phase Reports are essential parts of the Contract to provide detailed information to Parties about the project lifecycle and status. However, nothing written in the Phase Report can override the Contract. the Contract can be modified only by a mutually signed Contract Modification.

Confidential Information

Contractor’s obligations: Contractor will not share any of the below information with third party:

Client’s obligations: Client will not share any of the below information with third party:

Liability:

Contractor cannot be held liable in case of any damage to the property of the Client, unwillingly cause the customer to lose an important contract, suffer a computer virus, suffer a security breach or otherwise suffer damage resulting from Contractor’s failure.

Force Majeure

Contractor cannot be held liable for losses caused by force majeure to the Client.

Reputation and ratings of partnership

Both Parties are allowed to provide – after signing the Successful Final Phase Report only – brief description of the mutual work on social media, rating sites, or any other media, provided that the text of the rating doesn’t violate the Contract, and is read and agreed by the other party. Client agrees that it won’t give rating containing dishonesty or attempt to destroy reputation of the Contractor, in which case the Contractor will do the needful to get the content off of the web, and do all the necessary to discuss the issue with the Client. In case this won’t result in an agreement, the Parties will follow the usual rules of dispute resolution by UK law.

Ⓒ by babiwes