Terms and Conditions
Terms and Condition
Work Satisfaction
At Web Agency NYC, we strive to ensure our clients are satisfied with the services we provide. Our commitment is to meet their expectations, yet due to the nature of our work, satisfaction cannot be guaranteed. It is up to Web Agency NYC’s discretion to decide whether a client expectation or request is within the scope of the service offering, and therefore eligible for consideration. Under no circumstances can Web Agency NYC be held responsible for unreasonable requests or expectations.
Web Agency NYC is dedicated to providing satisfaction within the parameters of the agreement. In the event that additional services are needed to fulfill a client’s requirements, Web Agency NYC will quote separately and cannot be held responsible for such additional services outside of their pre-defined framework.
Scope Control
Once the agreement is signed by the client, Web Agency NYC will follow the agreed written scope of the work. Any change requests will not be entertained at all. All subsequent change requests by the client during the course of project delivery either will be accepted for an additional payment or will be noted and applied in the next version post going live. Additional changes in the scope could be accepted at Web Agency NYC’s discretion. All change requests will either be entertained before development kicks off or while the design team is still working on the designs of web and mobile apps. For change requests, the project manager and the business manager would be involved accordingly and will have the final say on the matter.
The client must make sure that all requirements are mentioned in the proposal, it helps Web Agency NYC plan better and avoids hearsay to execute the project to the decided plan.
Delays in project delivery
Project completion could be delayed due to several factors, such as
- Delay in payments
- Client requests further design changes
- The purchase of additional services related to the project
- Delays in the receipt of textual or visual content from the client
It is important to remember that any time frame estimates on projects are only approximate and may change as actual work is carried out.
PROJECT STATUS UPDATE
Unless otherwise indicated, projects will be considered completed after a period of three months if the client has not provided feedback, APIs, content or payment of any outstanding invoices. This indicates that no further work will be done on the project and no services will be rendered.
Automatic renewal of services
Clients can rest assured that all monthly and yearly services including Hosting, Domains, SEO, and SMM will be automatically renewed on their behalf. We understand that discontinuing necessary services could result in a loss of revenue for them, and we are committed to ensuring uninterrupted service. However, it is the client’s responsibility to request the cancellation of their subscription at least 15 calendar days prior to the renewal date. Upon renewal, the client is obligated to pay the full subscription fee for the upcoming period.
Web Agency NYC reserves the right to cancel services or subscriptions if payment is not received within 15 calendar days of its due date. Additionally, Web Agency NYC also has the right to collect payment for automatic renewals and legal action can be taken against clients who fail to make payment. Web Agency NYC may cease work by the 15th of the month if clients have not released payment by then.
Customers must pay for all monthly and yearly services, including hosting, domain renewal, SEO, and SMM services in advance. If an invoice is not settled within 15 calendar days, while the services are being provided, a 15% fine will be imposed, and the services will be suspended.
3rd Party Approvals
Web Agency NYC does not guarantee third-party approvals, as no third party is under the direct orders of Web Agency NYC to fulfill the requested task. For example, in the case of a mobile app developed for the client for both Android and iOS platforms, it is not the responsibility of Web Agency NYC to obtain the necessary approval from either platform or from government authorities for content or functionalities. Our job is to develop the app and submit to the iOS & Android stores.
About data processing
Web Agency NYC takes security measures seriously, and as such does not store any financial information from clients during the payment process. However, contact details are retained in order to ensure successful service delivery.
Web Agency NYC’s pricing
Web Agency NYC reserves the right to alter prices listed on it’s website without prior notice. The figures provided are solely indicative of potential costs and should not be taken as a guaranteed quotation for your project. To receive an individualized quote, please contact us directly.
Promotional offers are not cumulative
All images and content displayed on our website or social media channels are for illustrative purposes only.
online reviews
Web Agency NYC does not have direct influence over its reviews and placement on review sites, though it does maintain a listing on some of these websites.
Web Agency NYC strives for clients to leave their experience on the 3rd party sites, some of the sites like Clutch.co actually do call our clients and spend 30 minutes – 1 hour on the phone with them going over the full experience of their interaction with us. All rankings developed and posted by 3rd party review sites represent the independent opinion of 3rd party review sites, and are derived by virtue of independent judgment, analysis, and subjective/objective criteria.
Third-party review companies provide rankings as a tool for users to consider when making decisions; however, these companies make no guarantees or warranties as to the accuracy of the rankings. Users should conduct their own due diligence in order to form informed opinions and should not use the rankings as an authoritative source.
About Web Agency NYC client websites
Web Agency NYC disclaims any responsibility or liability for the content of websites it designs and/or hosts. Web Agency NYC has no control over information, materials, or products found on those websites. Web Agency NYC does not serve as a consultant for its clients and clients are solely responsible for all content on their websites.
Appearance on Different Devices
When designing and developing websites, variations in their appearance may arise due to multiple factors, such as the screen resolution, operating system, and browser used. We develop majority website as fully responsive. Web Agency NYC would like to make its clients aware of this potential issue.
what we mean by Custom Design
Web Agency NYC provides custom website designs tailored to their client’s individual requirements and instructions. All website design work is carried out in accordance with the latest industry best practices and standards, ensuring that your website looks professional and user-friendly.
To learn more about our customized web design services or to discuss your specific needs, please contact us today.
what we mean by Custom Development
Web Agency NYC offers custom web development services to accommodate every client’s individual needs. The development process is tailored to the approved design by the client, and our team works with a variety of technologies, such as CodeIgniter, Laravel, OpenCart, WordPress, and other CMS-based technologies. The most relevant themes and templates are used to implement the approved design and ensure a successful outcome.
Web Agency NYC will customize the development to meet the specifications of the approved design. Upon completion of the design phase, the development team will adhere strictly to the approved design, and any features which are not included in the approved design will not be implemented.
Design & Development Sequence
Projects are designed and developed following a specific sequence to ensure the best possible outcome. For example, mobile apps are typically designed and developed after a website or e-commerce store’s design and development process has been completed. It is imperative that both clients and developers follow this workflow in order to guarantee successful results.
Copyrights
Web Agency NYC holds the copyrights to its official materials, including but not limited to profile, design mockups, scope of work, estimates, quotations, and proposal documents, as well as web content. These assets are protected under copyright laws, treaties, and conventions as well as laws pertaining to other forms of intellectual property.
Any reproduction, modification, distribution, or republishing of the content in this document in any form, in whole or in part, without prior written consent is strictly prohibited. Web Agency NYC reserves the right to pursue legal action for any illegal use of its copyrighted material, with damages ranging from $10,000 to $1,000,000 depending on the type of violation
Web Agency NYC’s Estimates, Quotations & Proposals Terms
All estimates, quotations, and proposals remain valid for a period of 30 calendar days unless otherwise specified with an exact date or length of time. These documents should be considered confidential and may not be shared with any third party without prior written consent from Web Agency NYC.
Footer Reference
Web Agency NYC reserves the right to display its name in the footer of websites it develops or in a suitable place within mobile app settings. Should the client request to remove this reference, an additional cost of 50% of the total project value is to be paid.
deployment & Timelines
Deployment time, workdays, is the net design/development time, excl. your time for approvals, changes or corrections requests, content delivery, or other necessary time to respond.
A calendar week includes 5 workdays and 2 off days.
Once the code is deployed and the client went live or payment is made after the approval of a certain phase/milestone, the client doesn’t have any authority to claim a refund since our services are paid only after client approval/acceptance.
Standard Web Design
Standard Web / Design work includes 1 wireframe, 1 homepage, and 1 internal page concept and up to 3 design revisions. If 2 hours of work relating to additional features; changes, corrections, and instructions is exceeded, and after your acceptance of our proposal of the site map, wireframe and draft, additional charges will be incurred at an hourly rate.
Standard Rates for Additional Work
Features that are not part of accepted/signed proposals will incur additional charges: standard charge of 100 USD / hour, hosting + server maintenance charge: 100 USD / month (applicable).
Technical Support or Warranty
Technical support covers existing website functions and is not applicable for any updates or new modules outside of the scope of work.
appearance
The appearance of fonts and graphics will be standard as per browsers’ compatibility, capability, and version. We optimize for Windows, MAC OSX, Linux, and the latest browser versions: Internet Explorer / Firefox / Chrome / Safari. For other versions, we charge extra based on your request. Stock images if not provided can be purchased and will be charged extra. Advanced optimization for retina displays is not part of standard proposals and will be charged extra if required.
Rewards / Referral Programme
Web Agency NYC offers various rewards in the form of cash and gifts for successful referrals. The reward will only be released upon the receipt of a down payment from the client. Below are the details of the rewards:
- The approved iPhone model with a value of not more than $ 1,000/-
- A cash reward of $500.
Payments
All payments are strictly non-refundable due to the nature of our work. Once the payment is processed, it won’t be refunded.
Invoice payment: All invoices must be cleared within 05 workdays from the date of the invoice. Web Agency NYC has a full right to stop the work on the project if the invoices are not paid within the allowed time. Any delay in the due invoice payment will result in delays in the project execution and the client can’t hold Web Agency NYC responsible for any delays. Any single workday payment delay from the client side will be considered 03 workday deadline extension at Web Agency NYC end due to the nature of our work and deployment of the resources to the projects.
Delayed invoice payment: If the client delays the due invoice payment for more than 15 calendar days, then a surcharge of AED 50 will be applicable on each calendar day passing by.
Payment after service delivery: Please note that in certain case scenarios e.g. multinationals or government etc., upon specific request from the client, written or verbal, Web Agency NYC may agree to accept payment after service delivery. The client must be aware that the software ownership will belong to Web Agency NYC until it is fully paid. In the case of mobile apps, since we have to do everything at our end, the store accounts are to be created and paid for by Web Agency NYC, and the app will keep functioning through our accounts. Please note that this can’t be changed until or unless the client is willing to pay $5,000 for transfer charges.
Web Agency NYC ONLY starts work on a project upon receipt of a down payment. Unless otherwise specified in writing, the client will always pay the remaining balance before going live. All our projects are ONLY made live upon clearance of all outstanding balances. If applicable, hosting and domain name registration fees must be paid yearly or monthly.
The client has the option to put the project on hold (for whatever reasons e.g. content, payment gateway, APIs, etc.). However, the client must pay all outstanding balance payments. The maximum time to hold a project is 6 months. Web Agency NYC doesn’t take any responsibility for technology changes relevant to the client’s project during the period when the project is being held. The client will have to cover the relevant changes in technology (if any) at the time of work resumption on the project.
Out of scope work requests: Additional services come at additional fees, on a fee-for-service basis, or on an hourly or task rate. If clients require additional services, the correspondent fee is added to their invoice and is charged accordingly.
Services or part of services (i.e. elements of a project) that have been approved by the client are considered as services with which the client is 100% satisfied. Any further work on these services (elements of the project) will be invoiced accordingly. If the client is not satisfied with Web Agency NYC’s Services, the client can ask for revisions. Any funds paid to Web Agency NYC will be non-refundable.
Payment delay: We request our clients to cooperate with the team in terms of financial milestones. The way we get a talented team to build complex solutions at low costs is through efficiency. We need top-notch programmers to build the best software that commands top-notch salaries in this industry. So, to make a project viable we have to be very efficient in our processes as a team. And a delay in payment puts things off track, we have to move the team to another project where finances are not a challenge at very short notice and then get them working on your project as soon as they are available without too much delay. As you can understand, this has a very negative impact on the Software Development Plans hence we request you meet financial milestones in a timely fashion.Web
provision of textual & visual content
It is the client’s responsibility to provide textual and visual content including but not limited to pictures or videos. If the content is not provided within 30 calendar days from the presentation of the demo, the final invoice for the completion must be processed. Stock images can be purchased and will be charged extra, and we recommend http://www.istockphoto.com + http://www.depositphotos.com.
Penalty Clauses & Delays from Client
Any delays from the client (in terms of payment, delivery of content, or approvals) of more than 07 workdays will obsolete the penalty clauses (if any) due to the fact that resources are still deployed for more hours than expected and causing us to incur extra design & development costs to Web Agency NYC. If both sides agreed that penalty clauses will no more be effective from both sides, then the relevant clauses in the contract will be considered obsolete. Any single workday delay of feedback from the client side will be considered a 03 workday deadline extension at Web Agency NYC end due to the nature of our work and deployment of the resources to the projects.
Guaranteed SEO Results
Web Agency NYC provides a guarantee for SEO results, ensuring that the keywords will appear at least in the first 30 results of Google. The placement of keywords higher than the 30th cannot be guaranteed. In the rear case, if we are not able to deliver the keywords in the top 30 results, then clients are eligible to receive a refund of 75% of their total payment based on a pro-rata basis.
Abusive Language & Misbehavior with Web Agency NYC's Team
At Web Agency NYC, always treat all clients fairly and respectfully. Our team is strictly abode by the rules of pleasant client dealing. All Web Agency NYC clients are required to treat their respective project managers and relevant team members in a respectful manner. In case of any abusive behavior, Web Agency NYC has full right to put the project on hold or even cancel the project. Even if the project is not complete, the clients are required to pay the outstanding balance and any fines for abusive behavior.
Commercially Reasonable Efforts
During rendering our services, Web Agency NYC agrees to devote its commercially reasonable efforts to the performance of its duties and responsibilities under the signed Contract. The Client agrees to devote its commercially reasonable efforts to support the activities of the Team in any reasonable technical, administrative and commercial way to provide the Team with documentation, statements, and credentials available to the Client which shall allow the Team to perform its duties and responsibilities hereunder.
Independent Contractor
Web Agency NYC’s relationship with the Client will be of an independent contractor, and not a joint partnership, joint venture, or employer-employee relationship. The team is not authorized to make any representation, contact, or commitment on behalf of the Client unless specifically requested or authorized to do so in writing by the Client. Web Agency NYC will under no circumstances perform duties for the Client not related to the work assigned explicitly to the Team under the Contract.
The team acknowledges that the Client intends not to withhold any federal income tax, state income tax, social security tax or state disability insurance tax from amounts to be paid to Team. The team further acknowledges that the Client will not pay any social security or federal or state unemployment on Team’s behalf, and will not cover the Team or any of its employees under any worker’s compensation insurance, unemployment insurance, retirement plan, health care plan, disability or life insurance plan or any other benefit plan which the Client provides for its employees. The team shall carry, at the expense of the Team, appropriate worker’s compensation and liability insurance to cover the Team, its employees, and the performance of the obligations of the work agreement.
General Confidentiality, Non-Disclosure, Title, and Property Rights
The client and Web Agency NYC, both agree and acknowledge that in the course of performing their duties, they shall have access to, and shall be entrusted with detailed confidential information, Intellectual Property information, patents and trade secrets concerning the business, plans or financial affairs of the other Party and the present and contemplated Products, techniques and other services evolved or used by such other Party and agree that the disclosure of any such confidential information to competitors of the other Party or the general public would be highly detrimental to the best interests of such other Party.
Either Party acknowledges and agrees that the right to maintain the confidentiality of such confidential information, Intellectual Property information, patents and trade secrets and the right to preserve its goodwill, constitute proprietary rights, which the other party is entitled to protect. Accordingly, the Parties covenant and agree that, without the prior written consent of the other Party, they shall not, either during the term of the Contract or at any time thereafter, disclose any of such confidential information, Intellectual Property information, patents, and trade secrets to any person, outside of such other Party, nor shall they use the same for any purpose other than the purposes of performing their duties hereunder.
It is agreed by the Parties that any violation of the duty of secrecy or any disclosure of business and industrial secrets shall be a serious breach of the present Contract and shall constitute cause for the termination of the present Contract by the suffered Party without any obligation as to notice. It is further agreed that any confidential information referred to herein above may only be disclosed, where it is public knowledge other than a result of the breach hereof and where and to the extent that, it is essential for the performance of the duties of either Party hereunder, and such other Party making it clear that the information so disclosed is confidential, is proprietary to it and is subject to restrictions pursuant to the order of a court of competent jurisdiction.
Return of Confidential Information
The Receiving Party will promptly return all tangible materials embodying Confidential Information (in any form including, without limitation, all summaries, copies, and excerpts of Confidential Information) upon the earlier of (a) the completion or termination of the dealings between the Disclosing Party and the Receiving Party, and (b) the Disclosing Party’s written request.
Ownership
Once all the outstanding dues have been received by Team, The Client shall own and have worldwide rights to the software, firmware, and overall design of any Deliverables produced by the Team pursuant to the Statement of Work; the Client shall have full right to use these Deliverables in any application by virtue of this Contract.
In certain scenarios, the licensing fee may apply and must be paid for 5 years on yearly basis.
In the Services provided to the Client, Team is likely to use variants of algorithms, software development and testing techniques, architectures, structures, and design methodologies that are known in the public domain or to Team, and Team shall have the ability to reuse these techniques under contract to others, or for the purposes of Team’ own developments, subject to the Non-competition, Ownership and Confidentiality provisions herein.
Limitation of Liabilities
In no event will either party be liable to the other for (i) any indirect, special, consequential or incidental damages, however, caused, even if advised of the possibility of such damages, or (ii) any damages under the agreement (whether in contract, tort (including negligence)) or otherwise in excess of the aggregate amounts paid hereunder. The foregoing limitations of liability will apply notwithstanding the failure of the essential purpose of any limited remedy.
Warranties
The Services shall be carried out in a competent and professional manner, with the reasonable ability and due care, and that they shall be accomplished strictly in accordance with the conditions laid down in the Contract and would always comply with all the specifications and procedures communicated by Client to Contractor from time to time. The Web Agency NYC undertakes and warrants that all Services shall be performed in conformity with all specifications and requirements agreed between Contractor and Client.
Non-Solicitation
In no event will either party be liable to the other for (i) any indirect, special, consequential or incidental damages, however, caused, even if advised of the possibility of such damages, or (ii) any damages under the agreement (whether in contract, tort (including negligence)) or otherwise in excess of the aggregate amounts paid hereunder. The foregoing limitations of liability will apply notwithstanding the failure of the essential purpose of any limited remedy.
Non-Solicitation
During the term of the Agreement and for Three (3) years thereafter, the client, without prior written permission from Web Agency NYC, directly or indirectly recruits solicits, or induces any employee, advisor, or consultant to terminate his or her relationship with Web Agency NYC. If the client violates this clause then they will be liable to pay the other party compensation equal to effectively twice the prorated annual compensation paid to the specific employee.
Assignments
In the event that Web Agency NYC does not have the necessary resources to fulfill the contractual obligations, this contract may be assignable to any other party in its entirety or in part.
Termination
This Contract may be terminated by either the Client or the Team upon thirty- (30) days written notice for termination. In the event the Client does not pay the Team any sum due to the Team for a period beyond 30 days, the Team is at liberty to terminate the Contract. The Team shall be eligible to receive all due sums up to the date of termination.
Your Software keeps evolving
Mainstream top charts apps like Facebook, WhatsApp, Google Maps, etc. are updated on a bi-monthly basis to date. The software requires iterations and hits and trials to get a precise product/market fit. Focusing too much on getting everything done in the first version can lead to delays that might have an opportunity cost and also the increase in the cost of development in the first version might leave little room for future much-needed updates based on feedback from Visitors.
Client Response Time
The majority of projects are delayed because of delays in feedback by clients. So, feedback in 24 hours of the submission of deliverables is expected and delays in feedback by a client won’t be counted in the project timeline. The expected response time for various stages will be:
- software requirements specification (SRS) (24 Hours)
- Designs (24 Hours)
- Development (1 – 2 days)
- UAT – (1 – 2 days)
- Requirements from clients – (1 – 2 days)
Design Iterations
Three standard iterations and design updates will be accepted unless mentioned clearly in the contract. Clients usually expect multiple iterations for logo or branding items for which we should clarify that we can share a fixed number of iterations (3-4 times) on logo and screens. Thereafter, Team will charge the client subsequently based on the amount of work that needs to be done again on the designs.
Third-Party Tools
lf third-party apps e.g. google maps, payment gateways, SMS gateway, Calendly, etc. provided by the client and if any bugs in the third-party tools are found then it will not be considered as part of the development.
Credentials for third-party tools to be submitted
One month after the project kicks off, the client will need to provide the requested credentials for all the third-party tools such as AWS, Apple account, google account, Go Daddy, Payment gateways, Twilio, etc.
Where applicable, our team will assist you in getting the credentials, but your timely response and cooperation will be needed in order to do so.
Technological Changes
In some specific situations, due to technology change or because of some other reason, we might recommend taking another course of action, which could be more beneficial for the client. If both parties agreed and shared their consent to choose the new route, then it will be considered part of the agreement as both parties have agreed on the same. We dont accept any responsibility whatsoever due to technological changes which are beyond the control of Web Agency NYC.
Exit Policy or Immediate termination
Due to any reason, if the Client intends to terminate or close the project immediately during the project development, he will be entitled to pay the next subsequent milestone which was being targeted by the team., say, if designs were being done, and the team has achieved, if not full, but partial completion, while the client decides to exit or terminate the project, then to exit, he/she will need to pay the design complete milestone as part of the compensation to the team working on the project.
Upon payment, original designs along with source code if any will be handed to the client.
in NYC