The following terms and conditions apply to all website development / design services provided by Xurli to the Client.
It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.
Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.
Charges for services to be provided by Xurli are defined in the invoice that the Client receives via e-mail.
Unless agreed otherwise with the Client, all website design services require an advance payment of the website setup fee. The website monthly fee will be charged 30 days from the date of purchase. If the client has existing services with Xurli the website monthly fee will be bundled with the other service fees.
3. Client Review
Xurli will provide the Client with an opportunity to review the appearance and content of the website during the design phase and once the overall website development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies Xurli otherwise within ten (10) days of the date the materials are made available to the Client.
4. Turnaround Time and Content Control
Xurli will install and publicly post or supply the Client’s website by the date specified in the project proposal, or at date agreed with Client upon Xurli receiving initial payment, unless a delay is specifically requested by the Client and agreed by Xurli.
In return, the Client agrees to delegate a single individual as a primary contact to aid Xurli with progressing the commission in a satisfactory and expedient manner.
During the project, Xurli may require the Client to provide website content; text, images, movies and sound files
5. Failure to provide required website content
We ask that you provide all the required information in advance. On any occasion where progress cannot be made with your website because we have not been given the required information in the agreed time frame, and we are delayed as result, we reserve the right to continue the monthly billing for your website.
6. Payment, Monthly, and Past Due Billing
Invoices will be provided by Xurli upon purchase of the website VIA the client provided email address. Clients may request monthly invoices and physical invoices at any time.
As Xurli provides a bill-through service for sponsored clientele, the company takes a significant credit risk for each and every client. Therefore, the Client is responsible to maintain an active and valid payment method on file at all times. If for any reason, client’s payment method is not available, Xurli reserves the right to immediately and temporarily turn off the website, pay-per-click ads, sponsored listings and ongoing or then current production, reporting, or support Services being provided to account. If the payment is not received within a 60 day period after the time it is due, Xurli reserves the right to terminate the account status in full and may charge a re-activation fee at such time the account is paid in full in order to turn it back on. All Term Commitment Terminations will result in an escalation of all fees owed under the Terms of the Agreement. Many clients maintain multiple forms of payment on file to prevent this from occurring.
7. Additional Expenses
Client agrees to reimburse Xurli for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography, extensive custom design work, etc.
8. Web Browsers
Xurli makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Internet Explorer, Google Chrome, etc.). Xurli SMARTsites are all mobile friendly and Google compliant.
Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on Xurli’’s Web space, Xurli will, at its discretion, remove all such material from its web space. Xurli is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account. Clients with accounts in default agree to pay Xurli reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Xurli in enforcing these Terms and Conditions.
Termination of services by the Client must be requested in a written notice (email, fax, or physical mail) and will be effective on receipt of such notice. Telephone requests for termination of services will not be honoured until and unless confirmed in writing.
All Xurli services may be used for lawful purposes only. You agree to indemnify and hold Xurli harmless from any claims resulting from your use of our service that damages you or any other party.
The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Xurli 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 Xurli permission and rights for use of the same and agrees to indemnify and hold harmless Xurli from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the Client to Xurli that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
13. Intellectual Property
Xurli will be the rightful owner of the web server, website, graphics, content, and any programming code. Any work done by Xurli will remain our property and copyright of Xurli, unless otherwise agreed, and may be resold or commercially reproduced only with the permission of Xurli.
14. Design Credit
A link to Xurli will appear in either small type or by a small graphic at the bottom of the Client’s website. If a graphic is used, it will be designed to fit in with the overall site design. The Client also agrees that the website developed for the Client may be presented in Xurli’s portfolio.
15. Post-Placement Alterations
Xurli cannot accept responsibility for any alterations caused by a third party occurring to the Client’s pages once installed. If third-party access is requested by the client, it will be granted by Xurli but will the website and its contents will no longer be guaranteed by Xurli and Xurli will not take responsibility for any technical or grammatical errors. Such alterations include, but are not limited to additions, modifications or deletions.
16. Domain Names
Xurli may purchase domain names on behalf of the Client. Payment and renewal of those domain names is the responsibility of the Client. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of Xurli. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.
These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s payment of a setup fee constitutes agreement to and acceptance of these Terms and Conditions. Payment by phone is an acceptance of our terms and conditions.
Xurli hereby excludes itself, its Employees and or Agents from all and any liability from:
- Loss or damage caused by any inaccuracy;
- Loss or damage caused by omission;
- Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site;
- Loss or damage to client’s’ artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.
The entire liability of Xurli to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.
In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement 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.