- A Termination clause will inform that users’ accounts on your website and mobile app or users’ access to your website and mobile (if users can’t have an account with you) can be terminated in case of abuses or at your sole discretion.
- If your website or mobile apps allows users to create content and make that content public to other users, a Content section will inform users that they own the rights to the content they have created.
The “Content” clause usually mentions that users must give you (the website or mobile app developer) a license so that you can share this content on your website/mobile app and to make it available to other users.
Because the content created by users is public to other users, a DMCA notice clause (or Copyright Infringement ) section is helpful to inform users and copyright authors that, if any content is found to be a copyright infringement, you will respond to any DMCA take down notices received and you will take down the content.
- A Limit What Users Can Do clause can inform users that by agreeing to use your service, they’re also agreeing to not do certain things. This can be part of a very long and thorough list in your Terms and Conditions agreements so as to encompass the most amount of negative uses.
General 1. The content and terms in this contract constitute the entire agreement between client and our company and supersede all previous verbal or written agreements or statements related to this. 2. This contract is effective immediately upon signing by both parties and confirms that all contents of the contract are true and complete. 3. If there are any unfinished matters in this contract, both parties may sign a supplementary contract whenever further explanation is necessary. 4. If the contract does not fully describe the service scope, we will provide a Scope of Work (abbreviation: SOW) for detailed job description and signing confirmation by both parties. 5. The pricing of the contract is only estimated and based on already known requirements from client. If new requirement added after the original contract, extra charge may apply according to the actual situation. 6. Client shall not transfer, modify or cancel any part of this contract without any written confirmation from us. 7. All photos, images, texts and data provided by clients must be in electronic and editable file formats. 8. We will make a total of up to three rounds of amendments to the deliverable work. If the above limit is exceeded, we reserve the right to charge extra cost. 9. We reserve the right to disclose, publish, display or use the client's name, trade name, trademark (or symbol) or statistical information to other entities, the media or the public in marketing, advertising or public events. 10. This contract is formulated and implemented in accordance with the law of the locality of us, and we have the final rights to interpret the contents of this agreement. 11. This contract does not include transportation and accommodation expenses incurred by our employees due to business trips. The costs will be borne by the client in the form of actual reimbursement. 12. All payments received are not refundable for any reason. Service Hour 1. Our service hours are Monday to Friday from 9:30am to 12:30pm and 2:00pm to 6:00pm (except public holidays) 2. If client requests us to provide services out of office hours, we will charge for the actual situation. 3. The minimum unit of service time is one hour, less than one hour will also be calculated as one hour (On-site service is calculated at minimum 4 hours per session) 4. Based on customer enquiry, our general response time will be within one day, if further diagnosis and technical service is required, our general handling time will be 2 days. Payment Arrangement 1. If client has an overdue payment, we reserve the right to impose to client an additional administrative fee of 5% per month of the invoice amount. 2. If the overdue payment has not been settled for 30 days or more, we reserve the right to terminate all contracts and related services, and client will still be responsible for all compensation of our loss. 3. We will base on actual situations and reserve the right to adjust product and service pricing without prior notice (Signed contract not affected). Intellectual Property 1. Clients has the right to use the products and services, while the intellectual property rights belong to our company, without our written consent, client shall not sell, lease or transfer the product or services. If the contract involves software development services, unless otherwise specified, the source code of the software is not included (hereinafter: the source code). 2. Client shall not sell, lease, transfer or use our source code in other software, if client violates the agreement, we reserve the legal right and the right to claim the loss from client. Disclaimer 1. We will not bear any loss or liability arising from the following conditions: 2. False or fake statements made by the client, whether intentionally or unintentionally, and violations of any applicable local, national or international law. 3. Content directly or indirectly provided by client for any infringement of privacy, patents, trademarks, trade secrets, copyrights, or other proprietary rights. 4. Including, but not limited to, causing clients to profit, goodwill, use, information or other intangible losses. 5. Any system influence or services that could not be provided in whole or in part caused by third-party or any other force majeur factors (such as earthquakes, fires, floods, power outages, etc.) 6. Data leakage or system downtime due to system errors, vulnerabilities or hacking etc... 7. Delays or suspensions due to client increased project requirements or failure to provide the required materials for the project. 8. The client is unable to provide a good installation and operation environment for the system. 9. When the client utilize ‘developer mode’ within our ERP system without our knowledge, and results in self-induced disruption of the system, including but not excluding: settings & configuration problems, data loss, customization disruption, system errors, etc., Upon such a situation, the client must employ our company as a regular project to make the necessary repairs to revert the system to its original un-interrupted form. Design Service 1. Unless otherwise specified, otherwise the web or graphic design service does not include logo and banner design, photo and video shooting, photo copy right or license, data entry, scanning, data translation and migration, photo re-touching and illustration service. If the client requires services/products which is not included, we will quote separately for the relevant required services. Maintenance Service 1. Maintenance service will provided for the time duration as indicated on the contract, and upon expiration or termination of the service, our company will be exempt from the responsibility of continuing to perform the maintenance. 2. During the maintenance period, our company will provide clients with general functional inquiry, technical support and software debugging services. 3. All products and services supplied by third parties will be maintained by the relevant product or service provider in accordance with their terms. 4. If the damage is caused by improper use by the client, the relevant maintenance costs will be borne by the client. 5. Unless otherwise specified, our company will only handle client inquiries by telephone, email or electronic communication programs as specified in their relevant maintenance service plans. Hosting and Domain Service 1. Unless otherwise stated in the contract, the service does not include user software settings, data review, input, migration, backup, and training. 2. Fees will be charged on an annual basis for at least one year and customers will be required to pay the service fee by yearly basis. 3. If the client wants to suspend the service, he/she must notify our company in writing at least one month prior to the expiration of the contract, and all payments made will not be refunded. 4. Our company will only arrange the service application and renewal process after receiving the payment from the client. The client will need to reserve at least seven working days for the company to go through the relevant procedures. 5. If client fails to pay the outstanding amount, we reserve the right to stop the service immediately without further notice. 6. The technical specification is an estimated value and is provided for reference only.