12. DEVELOPER”S WARRANTY AND LIMITATION OF LIABILITY:
a. Warranties and disclaimers as to the Services.
(1) Developer warrants that the Services will be performed in a workmanlike manner and in conformity with generally prevailing industry standards, unless expressly agreed to otherwise between the Parties. Client must report any deficiencies to the Developer within five (5) business days of the delivery. If no deficiency report is made within such time period, Client will be deemed to have accepted the work. If there are bugs or issues, all work is billable worktime, and we will fix
(2) If any bug is found on the website or in relation to the Service, Developer will address the issue free of charge. It is understood that any work required, for any reason, by Developer reported after such thirty (30) days are billable updates, debugging or changes.
(3) Developer warrants that the Services will not infringe any copyright, patent, trade secret, or other proprietary right, or any contractual right or obligation known to the Developer.
(4) Developer”s warranty only applies to services it provides and does not cover situations where a third party (ex: another web development company) has also worked on the Website. Developer”s warranty shall also be inapplicable in case of improper use by the Client or third party, in case of any computer or other system “viruses”, trojans, bugs, hacking or other security breaches, Website downtime, email downtime or in case any external programs or software used by Client affect the normal use of the Services.
(5) THE DEVELOPER EXPRESSLY DISCLAIMS ALL WARRANTIES OTHER THAN WHAT IS EXPRESSLY SET OUT IN THIS AGREEMENT. DEVELOPER”S WARRANTY IS EXCLUSIVE AND IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, INCLUDING BUT NOT LIMITED TO PROJECTED PROFITABILITY FROM THE WEBSITE OR THE SERVICES RENDERED BY THE DEVELOPER, AND ANY ORAL OR WRITTEN REPRESENTATIONS, PROPOSALS OR STATEMENTS MADE ON OR PRIOR TO THE EFFECTIVE DATE OF THIS AGREEMENT.
b. Limitation of liability.
(1) IN NO EVENT SHALL DEVELOPER BE LIABLE FOR ANY DIRECT OR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, OR DATA INCURRED BY CLIENT OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF DEVELOPER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(2) TO THE EXTENT LEGALLY PERMISSIBLE, DEVELOPER SHALL NOT BE HELD LIABLE FOR MONETARY DAMAGES FOR ANY CAUSE, WHETHER IN CONTRACT, TORT OR EQUITY, INCLUDING ANY FORM OF BREACH, NEGLIGENCE OR OMISSION. CLIENT”S ONLY RECOURSE AGAINST DEVELOPER SHALL BE THE RIGHT TO REQUEST THE RE-PERFORMANCE OF THE SERVICES AS SOON AS REASONABLY POSSIBLE THAT WERE NOT COMPLETED AS PER THE SPECIFICATIONS IN SCHEDULE “A” or “C’. Indemnification. Notwithstanding the rest of this section 12, each Party will defend the other against any third party claim due to its gross negligence or gross omission under this Agreement, provided such indemnifying Party is notified promptly of the claim and is given authority to handle the defense itself, if it so decides. Such indemnification shall include all costs, supported by receipts, reasonable legal fees in addition to any damages and applicable interest awarded by court judgment.
Terms other than price may change without notice.
Prices changes yearly.