Definitions..

Welcome to ProgressCodes. By visiting our web site and accessing the knowledge, resources, services, products, and tools we offer, you perceive and comply with settle for and cling to the subsequent terms and conditions as stated during this policy (hereafter noted as ‘User Agreement’), along side the terms and conditions as declared in our Privacy Policy. We reserve the right to alter this User Agreement from time to time unexpectedly without any prior notice. You acknowledge and agree that it's your responsibility to review this User Agreement periodically to inform yourself with any updations. Your continued use of this website once such modifications can represent acknowledgment and agreement of the changed terms and conditions.

The use of this website is subject to the following terms of use..

• The content of the pages of this website is for your general information and use only. It is subject to change without any prior notice.
• This website uses cookies for your convenience. If you do allow cookies to be used and when you interact with our website, some information may be stored by us. This is purely a convenience, so that you won’t need to re-type all your information again.
• Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors which is obvious and we expressly exclude liability for any such inaccuracies or errors to the fullest.
• Your use of any information or materials on this website is entirely at your own judgement, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
• This website contains some material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, graphics and content. Reproduction is prohibited of the same patterns and ideas in accordance with the copyright notice, which forms part of these terms and conditions.
• All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
• Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offence.
• From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
  
  

Acceptance of Work

Quotations (if any) are valid for 30 days from date of issue. When the Client places an order to develop a website or website updates or any other service we offer from ProgressCodes, the order represents an offer to us for the purchase of website or website updates. Acceptance of these terms and conditions is agreed from the moment the Client agrees website agreement, hosting agreement, support agreement, order form or on the payment of the first invoice issued by us. ProgressCodes reserves the right to withdraw from the contract at any time prior to acceptance. Additional work or functionality requested by the Client that is not specified in the original agreement we discussed before is subject to an additional quotation/charge by us on receipt of specification. If the work is needed as part of an existing project, then this may affect time scales and overall delivery time of the project may or may not any price fluctuation.



Permissions and Ownership

• Ownership of completed web designs, images, pages, code and source files created by us for the project shall remain with the Client unless otherwise agreed in writing. Without agreement, ownership of designs and all code remains the property of the respected owners. Data access and ownership can and will only be transferred on settlement of all balances.
• These terms of use grant a non-exclusive limited license so that the Client can use the design on one website on one domain name only. The Client is not permitted to use a design for more than one website without prior written agreement between the Client and the ProgressCodes.
• The Client agrees that resale or distribution of the completed files is forbidden unless prior written agreement is made between the Client and the ProgressCodes.
• The Client hereby agrees that all media and content made available to the ProgressCodes for use in the project are either owned by the Client or used with full permission of the original owners. The Client agrees to hold harmless, protect and defend us from any claim or suit that may arise as a result of using the supplied media and content.
• The Client agrees that we may include development footer credits and links within any code the Agency designs, builds or amends. If the ProgressCodes designs or develops a website for a Client, then the Client agrees that the Agency may include a development credit and link displayed on the Client’s website.
• The Client agrees that the Agency reserves the right to include any work done for the Client in a portfolio of work.
• The Client agrees to abide by the terms of any third party software or media included within any work done for the Client. Examples of this include, but are not limited to, Googlemaps, Media under the Creative Commons license, RSS feeds, Open Source GPL Software etc.
• Any software developed on a bespoke basis, as an Open Source extension or customised component will remain the intellectual property of the Client unless otherwise explicitly agreed in writing between the Client and Us.



Material

The Agency reserves the right to refuse to handle:

• Any media that is unlawful or inappropriate.
• Any media that contains a virus or hostile program.
• Any media that constitutes harassment, racism, violence, obscenity, harmful intent or spamming.



Payment Terms

• Prices are subject to change without notice.
• All quoted prices are exempt of VAT.
• All invoices or billing must be paid in full within 15 days of the invoice date, except where agreed at the ProgressCodes own discretion.
• We reserves the right to decline further work on a project if there are invoices outstanding with the Client.
• We reserves the right to refuse or terminate any site or part of a site in the event that fees are not paid or delayed for long.
• Unsettled invoices exceeding 30 days will be assumed as debt therefore subject to a surcharge of 10% of the total amount outstanding.
• We reserves the right to put the site down in case if there are late payments consecutively.



Interpretation

ProgressCodes reserves the right to terminate any project with a Client at any time without prior notification if we finds the Client in breach of these Terms and Conditions. We shall be the sole arbiter in deciding what constitutes a breach. No refunds will be given in such a situation. Where one or more terms of this contract are held to be void or unenforceable for whatever reason, any other terms of the contract not so held will remain valid and enforceable at law. This contract remains in force and need not be renewed. By accepting a quotation or making a payment of invoice to use the services supplied, the Client acknowledges to have read, understand, and accept the Terms and Conditions of this Agreement, and agrees to be legally binding by these Terms and Conditions.




Liability and Warranty Disclaimer

• The Client agrees that the Agency is not liable for any bugs, performance issues or failure after the maintainance period or annual maintainance period is over.
• We endeavours to provide a website within given delivery time scales to the best of its ability. However, the Client agrees that the Agency is not liable for any claims, losses, costs incurred or compensation due to any failure to carry out services within a given delivery time scale.
• The Client agrees that we are not liable for any failure to carry out services for reasons beyond its control, including but not limited to acts of God, telecommunication problems, software failure, hardware failure, third party interference, Government, emergency on a major scale or any social disturbance of extreme nature such as industrial strike, riot, terrorism and war or any act or omission of any third party services or server crash.
• We are not liable for any consequences or financial losses such as, but not limited to, loss of business, profit, revenue, contract, data or potential savings, relating to services provided.
• On handover of files from The ProgressCodes to Client, the Client shall assume entire responsibility in ensuring that all files are functioning correctly before use.
• Should the Client go into compulsory or involuntary liquidation or cannot pay its debts in the normal course of business, ProgressCodes reserves the right to cancel forthwith any projects and invoice the Client for any work completed. All files and material will become the property of the ProgressCodes until settlement has been made in full.
• We shall have no liability to the Client or any third parties for any damages, including but not limited to claims, losses, lost profits, lost savings, or other incidental, consequential, or special damages arising out of the operation of or inability to operate these web pages or website.
• There are sometimes laws and taxes that affect Internet e-commerce. The Client agrees that it is their responsibility to comply with such laws and will hold harmless, protect, and defend the ProgressCodes and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the Client’s exercise of Internet e-commerce.



Statutory Rights

After-all These Terms and Conditions do not affect your statutory rights as a consumer. We will be more than happy if we are also responsible in your growth in an online world.