ACCESS TO THE SITE AND SERVICES
By accessing, browsing, and using the Site and its services (“Services”), you accept, without limitation or qualification, these Terms and Conditions. If you do not wish to be bound by these Terms and Conditions, you should not access the Site and its Services. By using the Services or the Site, you represent and warrant that you accept and agree to abide by all of the terms and conditions of this Agreement. The Site may, without notice to the User, add additional features, change or eliminate features or Services, change nomenclature, and make other changes at any time, which will be subject to these Terms and Conditions.
OFFENSIVE CONDUCT POLICY
We wish for all of our Users to have a pleasant experience while visiting our Site. Accordingly, the use of hateful, offensive, profane, racist, sexist, vulgar, or otherwise inappropriate conduct or language on the Site is not permitted and will not be tolerated. Additionally, we will not perform services for any User whose content includes, promotes or distributes material reasonably considered to be illegal as well as content which promotes terrorism, hate crimes, or other objectionable material. Also, we do not do the work for the implementation of Adult sites, Binary Options sites, Online Casino sites, Internet Gambling sites, Online Pharmacy sites. INeedHTML (“INH”) does not permit the posting or publication of material that contains pornography, abuse, dangerous or illegal activities, terrorism, hate crimes, or any other objectionable or illegal material. INeedHTML (“INH”) reserves the right to refuse service to anyone posting or publishing such materials without notice or further justification. INeedHTML (“INH”) reserves the right to reject, remove, or otherwise exclude any such language from use on its Site. Moreover, INeedHTML (“INH”) reserves the right to prevent any User who is in violation of this policy from making future postings on the Site.
INeedHTML SERVICES STATEMENT
INeedHTML shall provide the services as nominated at time of order. A copy of these agreed services will be emailed to both parties at the beginning of the project, after we have received your completely filled order form and project files.
DELIVERY OF SERVICES
- Start date:
- INeedHTML will start providing services on the next consecutive business day from the date of purchase (order paid and all the files correctly uploaded).
- Completion date:
- While we aim to deliver all our projects on time, if unforeseen circumstances delay delivery times, INeedHTML will endeavor to offer some form of compensation. You are not entitled to make any further claims against INeedHTML beyond the original cost of the project.
Default acceptance criteria are applicable to all projects and all project stages. A delivery is considered accepted if:
- the client approves a delivery in the order thread
- the client does not send any feedback/change request within fourteen (14) days for markup project and within thirty (30) days for CMS integration / development projects.
FORMAT OF DELIVERY
INeedHTML shall provide the completed service in form of a .zip file upon completion of the project. In case you have requested some other specific form of delivery, INeedHTML will comply with this request if agreed on the project specifications that will be taken as a contr
As consideration for the provision of the services by the INeedHTML, the prices for these services are nominated at the time of purchase and they vary depending on the services requested. For the correct pricing please refer to your invoice emailed at time of purchase and make sure you agree with the quote provided before accepting the contract.
You agree to pay the price established by INeedHTML before we begin working on your project. INeedHTML has no obligations to start your project neither delivering files without receiving and confirming your payment(s). Any charges payable under this Agreement are exclusive of any applicable taxes, tariff surcharges or other amounts assessed by any governmental entity arising as a result of the provision of the services provided by INeedHTML to you under this Agreement and such will be payable by the person that contracts INeedHTML in addition to all other charges payable hereunder.
INeedHTML agrees to grant to the purchaser a Non-Disclosure Agreement (NDA) where INeedHTML establishes that any material, information, files related to your project will not be shared with third parties or used in any other way that is not related to the completion of the project. In respect of the material specifically created for the Purchaser as part of the services, INeedHTML accepts that the full title guarantee belongs to the person or company that contracted our services and all of the copyright, other intellectual property rights and any other data or material used or subsisting in the project files, whether finished or unfinished also belongs to the purchaser.
TERMS AND TERMINATION
- The Agreement shall be effective on the date of payment hereof and continue, unless terminated sooner in accordance by both parties.
Either Party may terminate this Agreement upon notice in writing if:
- The other Party is in breach of any material obligation contained in this Agreement, which is not remedied (if the same is capable of being remedied) within 30 days of written notice from the other Party to do so; or
- A voluntary arrangement is approved by both parties.
RELATIONSHIP OF THE PARTIES
The Parties acknowledge and agree that PSD to HTML services performed by INeedHTML, its employees or agents shall be as an independent contractor and that nothing in this Agreement shall be deemed to constitute a partnership, joint venture, agency relationship or otherwise between the parties.
A full refund will be considered based on the following reasons:
- the client’s order cannot be completed;
- the client’s request to cancel the order is received before the development is started;
A partial refund will be considered based on the following reasons:
- the client is not reasonably and legitimately satisfied with the quality of the code or service and provides a comprehensive proof/explanation of the matter;
- the client is not satisfied with the resulting product upon a review on our test server. A refund may be issued upon the confirmation of both parties, and upon the clearance of all details related to the refund.
- Our team has performed at least 10 rounds of fixes to the files and the problem still persists and it's not technically impossible to fix it;
If the order is completed according to the specifications of the client, some minor errors should be deemed acceptable and cannot be a reason for full or partial refund.
You will NOT be eligible for a refund if the project has been delivered to you & if the files meet our quality standards. Any negligence or behavior produced either by 3rd parties or by the client itself while installing, modifying, manipulating or using the final materials will not be a cause of refund.
The user agrees that access to the site, and use of the services is at the user’s own risk. Neither INeedHTML nor its officers, directors, employees, affiliates or agents warrant that the services may be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of the services or as to the accuracy, reliability, suitability or content of the services. All other services are provided on an "as is," "as available" basis without representations or warranties of any kind, either expressed or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose or audience, and non-infringement. In no event shall INeedHTML or its directors, officers, employees, affiliates or agents be liable to the user or any third party for any incidental, indirect, special, or consequential damages (even if INeedHTML has been advised of the possibility of such damages), arising out of the user’s use of or inability to access the site, or to use any other services, including, without limitation, loss of revenue or anticipated profits, loss of goodwill, lost business, lost data, computer failure or malfunction, or any and all other damages or losses that result from mistakes, omissions, interruptions, deletions of files, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not limited to acts of god, communications failure, theft, destruction, or unauthorized access to INeedHTML 's records, programs or services. As some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states INeedHTML’s liability is limited to the greatest extent permitted by law, not to exceed the amount paid for the services.
Nothing in these terms and conditions shall affect the statutory rights of any user or exclude or restrict any liability for death or personal injury arising from the negligence or fraud on the part of INeedHTML.
The User agrees to indemnify and hold INeedHTML and its affiliates, officers, agents, partners and employees harmless from any claims or demands, including reasonable attorneys’ fees, made by any third party due to or arising out of information submitted by, posted to, emailed, or otherwise transmitted by the User through the Services, your use of the Services, your connection to the Services, or your breach of the Terms and Conditions.
The failure of either party to enforce its rights under this Agreement at any time for any period shall not be construed as a waiver of such rights and if any part, term or provision of this Agreement is held to be illegal or unenforceable neither the validity nor enforceability of the remainder of this Agreement shall be affected.
- Neither Party shall assign or transfer all or any part of its rights under this Agreement without the consent of the other Party.
- This Agreement may not be amended for any other reason without the prior written agreement of both Parties.
- This Agreement constitutes the entire understanding between the Parties PSD to HTML services and/or platform implementation hereof unless any representation or warranty made about this Agreement was made fraudulently and, as may be expressly referred to or referenced herein, supersedes all prior representations, writings, negotiations or understandings with respect hereto.
- Neither Party shall be liable for failure to perform or delay in performing any obligation under this Agreement if the failure or delay is caused by any circumstances beyond their control, including but not limited to acts of god, war, civil commotion or industrial dispute. If such delay or failure continues for at least 7 days, the Party not affected by such delay or failure shall be entitled to terminate this Agreement by notice in writing to the other.
- INeedHTML reserves the right to work on future projects for any given client or to erase/prevent access to clients for any suspicious behavior or for not complying to this agreement.
- After preview, if you approve the HTML/CSS, you are more than welcome to provide fixes that you need to be done in order for the project to be fully pixel perfect based on your PSD files. You will have a maximum of 3 rounds for small edits (for example: Font styling, Minor alignment changes, etc) and if you require a change in the design that might require extra efforts, we may have to charge an additional fee based on our own criteria of hours needed to be billed (Normally about USD 30 per hour).
- A round can be defined as a list of edits that we are going to complete. Once the first round is fully completed, if you need a few more changes you will be able to send a second round and a third round if needed.
- The programmer will need a detailed list of changes (screenshots if possible) so we can provide a fast and efficient result. Any on-line tool for screenshot may be helpful.
- After the 3 rounds of edits are finalized you can ask for more changes, but this will be charged separately.
- If you don’t send feedback during the next 3 business days from the project completion, INeedHTML will consider the project approved by the client and will be able to refuse making any changes or fixes at all.
CMS projects are crafted by our team in the following way:
- PSD to HTML/CSS standard coding takes place; once this stage is finished we'll present you the demo links to evaluate them.
- We'll wait for your feedback (if any) on these files and will proceed to the next stage after clarifying that everything is ok.
- We'll integrate the previously coded HTML/CSS Markup with any JS Scripts needed along with the CMS chosen for the project.
- We'll perform Quality Assurance round to make sure everything's up to the project details and specifications.
- We'll present the demo links to the client to evaluate the completed project integrated with the selected CMS.
- The client will have up to one week to provide any feedback which will be solved within the following 10 rounds of fixes.
- After client evaluation and feedback or fixes, the client should approve the project as completed to receive the files from INeedHTML for later migration or implementation.
Some other important notes regarding this service.
- Prices for CMS Projects are stated on two stages regarding the process described above; over cancellation in the middle of the second stage you won’t be eligible for a refund on the full amount of the project.
- Edits on the CMS have the same flow as the HTML process, but they are only related to functionality (for example: changing widgets, use of different plugins, the logic of the code) and not to HTML/CSS, because we will be using the HTML code that you previously approved.
- Upon making payment for any of INeedHTML’s services you are hereby accepting this terms and services agreement.