Terms & Conditions
Web Solution Provider

Terms & Conditions

1. STANDARD TERMS AND CONDITIONS

These are the standard terms and conditions for Website Design and Development and apply to all contracts and all work undertaken by VirtualReality for its clients.

2. OUR FEES AND DEPOSITS

A 60% deposit of the total fee payable under our proposal is due immediately upon you instructing us to proceed with the website design and development work. The remaining 40% shall become due when the work is completed to your reasonable satisfaction but subject to the terms of the “approval of work” and “rejected work” clauses. We reserve the right not to commence any work until the deposit has been paid in full.

The 60% deposit is only refundable if we have not fulfilled our obligations to deliver the work required under the agreement. The deposit is not refundable if the development work has been started and you terminate the contract through no fault of ours.

3. SUPPLY OF MATERIALS

You must supply all materials and information required by us to complete the work in accordance with any agreed specification. Such materials may include, but are not limited to, photographs, written copy, logos and other printed material. Where there is any delay in supplying these materials to us which leads to a delay in the completion of work, we have the right to extend any previously agreed deadlines by a reasonable amount.

Where you fail to supply materials, and that prevents the progress of the work, we have the right to invoice you for any part or parts of the work already completed.

4. VARIATIONS

We are pleased to offer you the opportunity to make revisions to the design. However, we have the right to limit the number of design proposals to a reasonable amount and may charge for additional designs if you make a change to the original design specification.

Our website development phase is flexible and allows certain variations to the original specification. However any major deviation from the specification will be charged at the rate of $20.00 per hour.

5. PROJECT DELAYS AND CLIENT LIABILITY

Any time frames or estimates that we give are contingent upon your full co-operation and complete and final content in photography for the work pages. During development there is a certain amount of feedback required in order to progress to subsequent phases. It is required that a single point of contact be appointed from your side and be made available on a daily basis in order to expedite the feedback process.

6. APPROVAL OF WORK

On completion of the work you will be notified and have the opportunity to review it. You must notify us in writing of any unsatisfactory points within 3 days of such notification. Any of the work which has not been reported in writing to us as unsatisfactory within the 3-day review period will be deemed to have been approved. Once approved, or deemed approved, work cannot subsequently be rejected and the contract will be deemed to have been completed and the 40% balance of the project price will become due.

7. REJECTED WORK

If you reject any of our work within the 3-day review period, or not approve subsequent work performed by us to remedy any points recorded as being unsatisfactory, and we, acting reasonably, consider that you have been unreasonable in any rejection of the work, we can elect to treat this contract as at an end and take measures to recover payment for the completed work.

8. PAYMENT

All prices are quoted in US dollars are exclusive of Tax unless specified.

All invoices are to be processed as per the schedule via your preferred method of payment.

Milestone payments must be made within 3 working days of each milestone/schedule, unless mutually agreed otherwise.

Upon completion of the 3-day review period, we will invoice you for the 40% balance of the project. Final payment must be made prior to website going live.

If you are late with a payment or have any queries regarding the Invoice, please contact Accounts Manager immediately on receiving the invoice or reminder emails.

Bounced or dishonored cheques can result in suspension of account(s) and all interrelated services of a client. Penalty will be additionally charged to unsuspend that account or accounts.

All communications/correspondences is generally done via emails. It is client’s responsibility to keep us updated with their relevant email addresses.

9. WARRANTY BY YOU AS TO OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS

You must obtain all necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names and trade marks, or any other material that you supply to us to include in your website or web applications.

You must indemnify us and hold us harmless from any claims or legal actions related to the content of your website.

10. DOMAIN & HOSTING

Any payment relating to the domain name registration renewal or hosting or any 3rd party products or service purchased on behalf of the client will have to be in full (upfront) and is non-refundable.

In case of all cancellations must be notified to us 30 days before the renewal date.

HOSTING

  • Hosting is an annual charge which must be paid in advance for the whole year.
  • It is the client’s responsibility to renew the hosting in time ie. before the expiry date. Failure to renew in time can lead to loss of files, data, emails etc. All unpaid hosting accounts will be suspended or terminated from the server.
  • All renewals must be paid by 10 working days prior to the expiry date. VirtualReality will not be responsible for the inconvenience caused due to delayed payment.
  • Hosting are on shared and non-shared servers hosted via third party providers. VirtualReality ensures best to our ability that our systems and servers are protected from viruses, intruders and other online and offline problems, however we will not be held liable for any disruption of services if such situation arises.
  • Client is solely responsible for the content stored on and served by the hosting service purchased and the activity of any scripts or email services created under the hosting service. The Customer must maintain the security of all account passwords and applications or scripts and ensure all scripts under the hosting service are free from malicious content that may harm any part of the Server, other client accounts hosted, or the external systems of visitors viewing the hosted content.
  • Incase of a malware attack, VirtualReality reserves the right to delete files on the hosting service without giving any prior notice.

Cancellation/Termination:

  • Hosting Cancellation requests must be sent in writing or by email one month prior to the expiry of the same. Once the hosting has been renewed, it cannot be cancelled and must be paid for the full year.
  • If the hosting is not paid and renewed before the expiry date. We reserve the right to disable the hosting and all associated services including emails and dns records. Additional charges will be applicable to re-enable the hosting. VirtualReality will not be responsible for any loss of data, files, emails, backups, restoration etc.
  • If a hosting has been cancelled / disabled then all files, emails, databases and backups will be deleted from the server without any notification to the client.

EMAILS

  • All emails are to be downloaded on the client’s computer periodically. Email boxes must be kept within their quota limits. Periodical maintenance may be carried out on the email box and emails older than 3 months are deleted.
  • Client’s must not use the email hosting for inappropriate content and other undesired emails which can result in spamming or infecting the server. Under such circumstances, immediate action will be taken and the required files and data will be deleted without any prior notice.
  • VirtualReality offer packages in co-ordination with third party providers. Changes to the third party provider’s rules and policies may ultimately effect the services we provide or the terms and conditions herein.

DOMAINS

  • All domain registrations and renewals are to be paid in advance.
  • Expiration of  a domain can result in service disruption and loss of domain.
  • VirtualReality will not be responsible if a domain expires due to non-payment / late payment of the charges. All payments must be made by 10 working days before the expiry date.
  • It is client’s responsibility to renew their domain names with us before it expires.
  • All invoices and dues must be paid in full before we release the requested domain name.
  • VirtualReality has the domains in a common pool account and therefore cannot give access to its domain control panel.
  • VirtualReality offer packages in co-ordination with third party providers. Changes to the third party provider’s rules and policies may ultimately effect the services we provide or the terms and conditions herein.

11. SEARCH ENGINES

We do not guarantee any specific position in search engine results for your website. We perform search engine optimisation according to current best practice, once package for SEO is purchased, it is NOT included in design and development.

12. CONSEQUENTIAL LOSS

We shall not be liable for any loss or damage which you may suffer which is in any way attributable to any delay in performance or completion of our contract, however that delay arises.

13. DISCLAIMER

To the full extent permitted by law, all terms, conditions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise (other than the express provisions of these terms and conditions) relating in any way to the services we provide to you are excluded. Without limiting the above, to the extent permitted by law, any liability of VirtualReality under any term, condition, warranty or representation that by law cannot be excluded is, where permitted by law, limited at our option to the replacement, re-repair or re-supply of the services or the payment of the cost of the services that we were contracted to perform.

14. SUBCONTRACTING

We reserve the right to subcontract any services that we have agreed to perform for you as we see fit.

15. NON-DISCLOSURE

We agree that we will not at any time disclose any of your confidential information to any third party.

16. ADDITIONAL EXPENSES

You agree to reimburse us for any requested expenses which do not form part of our proposal including but not limited to the purchase of templates, third party software, stock photographs, fonts, domain name registration, web hosting or comparable expenses.

17. BACKUPS

You are responsible for maintaining your own backups with respect to your website and we will not be liable for restoring any client data or client websites except to the extent that such data loss arises out of a negligent act or omission by us.

18. OWNERSHIP OF DOMAIN NAMES AND WEB HOSTING

We will supply to you account credentials for domain name registration and/or web hosting that we purchased on your behalf when you reimburse us for any expenses that we have incurred.

19. CROSS BROWSER COMPATIBILITY

By using current versions of well supported content management systems such as “Wordpress” or “Joomla”, we endeavour to ensure that the web sites we create are compatible with all current modern web browsers such as the most recent versions of Internet Explorer, Firefox, Google Chrome and Safari. Third party extensions and plugins, where used, may not have the same level of support for all browsers. Where appropriate we will substitute alternative extensions or implement other solutions, on a best effort basis, where any incompatibilities are found.

20. E-COMMERCE

You are responsible for complying with all relevant laws relating to e-commerce, and to the full extent permitted by law will hold harmless, protect, and defend and indemnify VirtualReality and its subcontractors from any claim, penalty, tax, tariff loss or damage arising from your or your clients’ use of Internet electronic commerce.

21. ANNUAL MAINTENANCE TERMS

Basic Annual Maintenance Package Terms:

  • All maintenance packages are for a minimum of 12 months period
  • Maintenance packages are billed annually, however are paid Quarterly on the 1st of every month.
  • Packages are designed to serve minor website maintenance tasks only. Larger projects or updates are not included in the package.
  • VirtualReality employs fair use policy, which means that although we don’t formally transfer over any unused time to the next month or formally accumulate unused man-hours, we do understand that your needs may change from month to month, and we allow flexibility in good faith sometimes.
  • Maintenance package includes maximum 10 man-hours of work per month.
  • Any extra hours used will be billed separately @ $20/hour.
  • Support requests need to be sent via email to support@virtualreality.com.pk and make sure you are registered as client on our system.
  • Any urgent tasks will be charged separately depending upon the task assigned to us.
  • The package is auto renewed every year on its anniversary date.
  • VirtualReality reserves the right to hold on work until payment is not cleared.

Payment Terms:

  • An administrative fee of $25 will be charged to the clients account for any late payments.
  • There are absolutely no refunds for any fees related to the monthly maintenance package.

Termination:

  • In case Client need to cancel the annual renewal, he/she is supposed to inform us in writing at least one month prior to the renewal date.
  • Ongoing term: For any reason if the Client decides to terminate an on-going maintenance package then they will need to pay the balance amount of the remaining months.
  • VirtualReality reserves the right to terminate annual maintenance at anytime with written notice to the Client.