1. General Work Terms and Client Responsibilities & Liabilities
All site content (text and multimedia) will be the sole responsibility of the client to provide to Winestle Technologies. Such should be provided prior to commencing the work.
The client is solely responsible to take proper backup of all content on their site prior to letting Winestle Technologies undertake the required course of action towards meeting the contract. Any loss or damage to existing data shall not be the responsibility of Winestle Technologies under any circumstances.
The Contract does not hold Winestle Technologies responsible for any data entry, web hosting or custom artwork/graphics related work/tasks unless otherwise specifically mentioned, paid for and agreed to by both the parties towards such. Any artwork, images, or text supplied and/or designed by Winestle Technologies on behalf of the client, will remain the property of Winestle Technologies and/or it’s suppliers unless otherwise agreed.
While Winestle Technologies will do its best to achieve all deliveries within the estimated time, there may, at times, be a need to extend or adjust time in cases of any unavoidable and non-forecasted situations like those of deployment issues, dependencies, 3rd-Party support, development bottlenecks, resource unavailability due to emergency, communication delays and the like.
Winestle Technologies will provide the Client an opportunity to review the given delivery project (Website and Mobile Apps)once we are completed. Winestle Technologies shall wait for a period of 7 days to hear any feedback on such shared work/outputs from the client. If the client not replying within this period, such material will be deemed to have been automatically accepted and approved by the Client.
The Client retains the copyright to data, files and graphic logos provided by the Client and grants Winestle Technologies the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting Winestle Technologies permission and rights for use of the same and agrees to indemnify and hold harmless Winestle Technologies from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. A contract for Web site design and/or placement shall be regarded as a guarantee by the Client to Winestle Technologies that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
Winestle Technologies will not accept responsibility for any alterations caused by the Client or a third party occurring to the Client’s pages/website/Mobile Apps once installed/deployed. Such alterations include, but are not limited to additions, modifications or deletions.
On the client server-side, the product will be installed successfully and then will be delivered. Once the product is delivered, Winestle Technologies will not take any responsibility for the occurrence of any data loss, server crash and all other related problems due to technically or manually changes done by client or any third party and the client will be solely responsible for any such circumstances.
Winestle Technologies will obtain the essential credentials from the client for the product installation process. Once the product is installed and delivered to the client, those credentials should be then changed to avoid a data breach and Winestle Technologies will not take responsibility for any such issues. The product delivered will be exactly as same as that shown in the demo. All other changes required in the user interface and any functionality will be considered as additional modifications to the product.
Winestle Technologies accepts payments by Cheque, Cash or Bank Transfers (although we reserve the right to decline payment in any of these forms without notice). The client needs to submit a Transaction Receipt and swift code for the Bank Transfers. It helps us to track your payment in our bank.
Without limitation, Winestle Technologies also reserves the right to withdraw any payment methods at any time and to vary its prices without prior notice. Upon the completion of payment from the client, it may take an approximate time frame of 24 to 48 hours (excluding holidays) to commence further process on the placed order.
If the Customer cancels the Service prior to completion of the project, a cancellation fee may be charged. The fee will be equal to the amount of work completed at the point of cancellation. A non-payment of this cancellation fee and/or overdue amount will result in legal action upon necessity.
3. Re-work, Enhancements/Add-ons and Billing
Any additional features not envisaged in the scope of work would be entertained through a Change Management process and be additionally billed. Scope Creeps after wireframe sign off would be billed as additional and timelines and cost for delivery would increase.
Most tweaks such as minor changes/re-work are normally just completed, however, if we feel this is being abused, we will build a list of works found being the grounds of abuse and bill such additionally per the total time efforts involved and undertaken to achieve the work/tasks at business rates ranging from US $ 15 to 20 per hour.
Whilst we try our best to cover most changes within the budget of the site, some changes are classified as enhancements/add-ons to the system and become chargeable; we will advise you before we start work of any such items.
Any re-work, change or tweak request by the client post-approval and/or further to the subsequent stage of project process shall be treated as add-on work and be additionally billed.
The client must pay the fee charged by Winestle Technologies without any deductions, discounts or debt settlement by the agreed due dates.
4. Approvals and Delivery
Winestle Digital will put its best efforts to deliver the products within the agreed timeframe. But it may be revised based on technical reasons or on inevitable conditions. The client is solely responsible to review the product upon its delivery and update feedback within 7 days. In case of no response from the client within this period, the project will be deemed to have been confirmed and accepted by the client. Winestle Digital shall be liable only for bug fixes correlated with the committed functionalities in SOW. The app submission will commence as per the mutual discussion upon the acceptance from the client. The delivery of source code will be wholly based on the sales commitment and we will not accept responsibility for any other modifications not indicated in the contract.
5. Support and 3rd-Party
We offer free support based on your sales commitments. After committed months of free service, we charge according to our various price packages best-suited to client’s requirement. We also provide attractive discounts if the client chooses a higher price package. The scope of support only includes any bug fixing and email support and excludes any issues related to the site architecture, rule changes, and add-ons/enhancements.
Any 3rd-Party support, product and/or service being used/ integrated into the site which requires licensing, payment, copyright, etc. shall be the sole responsibility and liability of and be provided by the client or will be procured by Winestle Technologies on behalf of the client on pre-payment for the cost of such procurement.
The fee charged by Winestle Technologies is exclusive of out-of-pocket expenses and expense claims filed by third party products/services involved.
No guarantees or warranties shall be provided by Winestle Technologies for the accuracy or performance of such 3rd-Party product/service.
Any upgrade in the 3rd-Party product/service being used in the project shall not be part of scope at Winestle Technologies. Such shall be addressed per feasibility and revision of price and time may be called for by Winestle Technologies.
6. Limitations of Liability
Winestle Technologies will use reasonable skill and care in providing the Service. However, we make no representation and exclude any warranty, express or implied, as to the availability, quality, accuracy, timeliness, completeness, performance or fitness of the Service.
Winestle Technologies hereby excludes itself, its Employees and or Agents from: all and any liability for loss or damage caused by any inaccuracy; omission; delay or error, whether the result of negligence or other cause in the production of the website; All and any liability for loss or damage to clients’ artwork/photos, data/content supplied for the site. This is whether the loss or damage results from negligence or otherwise.
Except in the event of death or personal injury caused by our negligent acts or omissions, we shall not be liable in any way for any damages arising in contract, tort or otherwise in respect of loss or damage arising out of or in connection with this Agreement or operation of the Service. In no event will we be liable for any direct, indirect or consequential damages in contract or tort, including loss of profit, loss or damage to property or relating to claims made by third parties.
Winestle Technologies cannot make guarantees of service on behalf of third-party organizations and will not be held liable for the failure in any service provided by third parties.
Winestle Technologies will aim to complete all services within the agreed timescale. The timescale will commence upon receipt of both the agreed % deposit (ranging from 50% to 80% of the project price as mutually discussed and agreed prior to contract finalization) as acceptance and all website content from the Customer.
Winestle Technologies may need to extend any timescales due to circumstances beyond its control.
These terms shall be governed by and interpreted in accordance with United Republic of Tanzania Law. The parties irrevocably agree that the courts of United Republic of Tanzania shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms and Conditions. The placing of an order will confirm acceptance of these conditions which are attached to the Order.
In the event any one or more of the provisions of this Agreement and/or Order shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement and/or Order shall be unimpaired and the Agreement and/or Order shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid, illegal or unenforceable provision.