Terms and Conditions

The following are our standard terms and conditions and may be explicitly overridden by your project’s Proposal depending on your requirements. These terms are current as of 2015 and are subject to change without prior notice. Please contact us if you have any concerns regarding the Terms and Conditions outlined below before proceeding to start a project.

In these terms and conditions: a ‘project’ refers to the deliverable outcome defined by the client’s requirements; the ‘client’ refers to the owner of the project in which the Proposal is written to; ‘Express Developments’ refers to us as your service provider.

1 – The Project’s Process

1.1 – Proposal Requirements

What we do with your requirements

1.1.1 All information sent from the client to Express Developments will remain strictly confidential. No information is shared with any third-parties.
1.1.2 An Exclusive License Fee refers to a fee which is paid to give protection for the client to retain 100% of the project and/or ideas of the project, at any stage, of the project’s process.

If the Exclusive License Fee has been paid, and all invoices issued have been paid in full by the client, the client will retain 100% of the project and/or ideas of the project. However section 3.1.2 will still apply.

If the Exclusive License Fee has been paid, but if any of the invoices issues have not been paid in full, and/or the client is not contactable within three (3) months after the last communication by Express Developments, Express Developments will archive your project and ideas. However section 3.1.2 will still apply.

If the Exclusive License Fee has not been paid, but all invoices issued have been paid in full by the client, the client’s project and/or and ideas will be archived. However section 3.1.2 will still apply.

If the Exclusive License Fee has not been paid, and if any/none of the invoices issued have not been paid in full by the client, and/or the client is not contactable within three (3) months after the last communication by Express Developments, Express Developments may take ownership of your project and/or ideas. Express Developments can develop and/and distribute your project and/or ideas without your consent. If any revenue is generated from the client’s project and/or idea, Express Developments will keep the entire revenue and no royalties will be paid to the client.

1.2 – Proposal Review Fee

A Proposal Review Fee may be required for reviewing projects that may require more than 3 hours to assess

1.2.1 A Proposal Review Fee (if required) is to be paid in full before any assessment for a project can begin, unless waived by Express Developments owner. This covers costs for assessment and provides a security and confidence from both parties.
1.2.2 Proposal Review Fees and incurred payments are a non-refundable.
1.2.3 All pre-work including, but not limited to: analysing requirements; research and discovery; design and/or development of mock-ups; competitor analysis; administrative tasks; and supporting documentation; providing a quotation, are costs calculated into the Proposal Review Fee. This fee may increase depending on the amount of times the requirements need to be defined or reviewed.
1.2.4 There may be imposed consequences if a Proposal Review Fee is not received in full. See section 2.1.6 for more information.
1.2.5 Proposal Review Fees are a one-time charge per Proposal and may be invoiced before, or together with our Proposal, unless waived by Express Developments owner, where reviewing projects may require more than 3 hours to assess.

1.3 – The Proposal

A Proposal is prepared by Express Developments in response to reviewing requirements by the client

1.3.1 The client will have 30 days to respond to a Proposal.
1.3.2 If the client has not responded after 30 days, Express Developments has the right to re-evaluate and re-issue a new proposal if required.

1.4 – Project Deposit

A Project Deposit is required after a Proposal has been approved by the client to begin work on a project

1.4.1 A Project Deposit is required to be paid in full before the development or design of any project can begin, unless waived by Express Developments owner.
1.4.2 Project Deposits and incurred payments are non-refundable.
1.4.3 There may be imposed consequences if a Project Deposit is not received in full. See section 2.1.6 for more information.
1.4.4 Project Deposits are generally calculated at 50% of the total cost of the project. See section 2.1.6 for information regarding the Project Hand-over fee.
1.4.5 If a Project Deposit has been received, section 2.1.10 takes affect.

1.5 – Project Costs

Any unforeseen expenses that occur during a project that was not covered as part of the project’s Proposal

1.5.1 Any unforseen expenses that may need to be purchased will be discussed with the client prior to being purchased.
1.5.2 Any additions, modifications or updates made outside the scope of requirements outlined in the project’s Proposal during production (for example, any unforseen obstacles; additional changes requested by the client; etc.), a revised Proposal and Project Handover Fee may be negotiated and discussed with the client before further work is commenced.

1.6 – Project Handover Fee

A Project Handover Fee is the remaining balance of a project before the final product is handed over to the client

1.6.1 A Project Handover Fee is required to be paid in full before the handover of the final product.
1.6.2 There may be imposed consequences if a Project Handover Fee is not received in full. See section 2.1.6 for more information.
1.6.3 Feedback is important to us. Providing feedback will improve the quality of work that we offer our clients. When a project has completed, we may request the client to provide feedback on their experience with working with us and how pleased you are with the final result before handing over the project. Your feedback may be used as a testimony of work developed/created by Express Developments.

1.7 – Invoicing

1.7.1 All invoices will be sent to the client’s email address. A postal invoice can also be sent to the client upon request however this method may incur additional fees for labour and postage.
1.7.2 After issuing an invoice, the client will have ten (10) business days to make a full payment without any late fees.
1.7.3 The client may receive a courtesy reminder two (2) days before your invoice payment is due.
1.7.4 If the client’s invoice is overdue, a late fee of 5% of the total invoice will be added to the invoice. A new invoice will be issued and sent to the client one (1) day following the issued invoice due date.
1.7.5 The client may receive an email notifying them that their invoice is overdue and has incurred a late fee.
1.7.6 If the client’s invoice exceeds 14 days past the invoice’s due date, any work on a project will be suspended until the invoice and late fee has been paid in full. This may slow the deliver time of your project. If there are any complications with payment, please contact Express Developments Sales: sales@expressdevelopments.com.
1.7.7 Payment can be made by direct bank transfer or online using PayPal (which supports online credit card payments). Bank details will be included on the invoice and Proposal, or can be provided upon request.
1.7.8 Invoices may be issued on, or closely after, the first (1st) day of every month, depending on the agreement outlined in your Proposal.

2 – Client Terms

2.1 – Client Responsibilities

These terms and conditions state the responsibilities of the client

2.1.1 Any relevant or related information, including, but not limited to: documentation; diagrams or representations of preliminary design elements; concept or mock-up designs; resources or materials discussed; shared or provided to the client will not to be disclosed to third-party designers or developers to replicate. All content is Copyright © 2009-2015 by Express Developments.
2.1.2 Upon agreeing to a Proposal, the client agrees to pay required payments in full or carry out actions where required or communicated. Failure to do so may result in the suspension and/or cancellation of the project.
2.1.3 If the project consists of an marketing and/or advertising component, the client is aware that as a result of marketing and/or advertising your details on the internet you may receive junk mail, spam email or other unsolicited communication which is out of the control of Express Developments.
2.1.4 Upon agreeing to a Proposal, the client is committed to work with Express Developments to develop/design the project and it’s agreed scope of requirements as outlined in the Proposal.
2.1.5 The client agrees to communicate, cooperate and work with Express Developments to develop/design your project. For the client’s benefit, we suggest communicating by email (as it will leave a paper-trail) or by touching based on the phone. If the client fails to do so, or is non-responsive, the client’s idea and/or project may be retained by Express Developments. See section 3.1.7 for more information.
2.1.6 If there are any questions, and/or misinterpreted of requirements outlined in the Proposal, the client must contact Express Developments immediately to rectify the agreement before agreeing to the Proposal. Failure to so may result in inaccurate results for your project. If this is the case, the client will take full responsibility, and if required, pay any fees that may have been incurred.
2.1.6 If the client wishes to terminate work on a project, any work or Project Costs that has been completed that exceeds beyond the Project Deposit, will be billed at the hourly rate specified in the Proposal, and the client shall be liable to pay for this time to Express Developments. Additionally section 1.1.2 and section 3.1.2 apply.
2.1.7 If a website, domain or web hosting server has been selected as a deliverable project to the client, the client is in agreement and understanding that Express Developments will deliver the project to give it the best possible chance or success on the internet. Express Developments offers no guarantees that your project will receive traffic from search engines, social networks or other services, or that it will achieve the results the website was intended for.
2.1.8 Upon agreeing to a Proposal, the client is in agreement and understanding that Express Developments will not be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation, inability to operate or through virus/malware infection or security breaches of the delivered project.

2.1.9 The client unconditionally guarantees that any elements of a project, including, but not limited to, text, graphics, photos, designs, trademarks, or other artwork for inclusion on, or to be part of the client’s project, are owned by the client, or that the client has permission from the rightful owner to use each of these elements. The client will hold harmless, protect, and defend Express Developments and their team from any claim or suit arising from the use of such elements furnished by the client.
2.1.10 If the initial deposit of a proposal has been received from the client, they have implied that they agree to the proposal’s outline and requirements and these requirements will be fulfilled by Express Developments.
2.1.11 It is the client’s responsibility to provide including, but not limited to, feedback, content, photos and/or any materials required to facilitate Express Developments in delivering your project in a timely manner. If the client fails to deliver the requirements that will move the project forward, and/or it has been three (3) or more months after sending the initial deposit, the client will be charged fees. See section 3.1.12 for more information on Express Developments’ responsibilities.

2.2 – Change in Requirements

These terms and conditions state the effects of any client requirement changes

2.2.7 If the project consists of a website domain name or hosting package, and the client wishes to change web administrator, the client and/or account holder will need to contact Express Developments and provide, in writing, a request to change administrators. Once received the required domain and/or hosting details will be provided. No third-party will be provided details for security purposes. The client agrees that no items listed under section 3.1.7 will be disclosed to the new web administrator nor will any sensitive information about the client or Express Developments be provided.
2.2.8 The client is aware that any additions, modifications or updates to a project outside of the scope of requirements outlined in the Propsal or during production, will incur additional fees. These fees will require a revised Proposal and Project Handover Fee and is to be discussed with the client before further work is commenced.

3 – Provider Terms

3.1 – Express Developments Responsibilities

These terms and conditions state the responsibilities of Express Developments

3.1.1 Express Developments aims to provide the quickest turn-around time for your project. In some cases, there may be a request for time flexibility in order to support other on-going tasks. If this is the case, appropriate notice will be given to the client.
3.1.2 Express Developments retains rights to all source code and be allowed to use any part/aspect of your project or preliminary project elements for the purpose of future projects, publications and/or educational purposes.
3.1.3 All work is conducted by the team of under Express Developments. If the client requires work to be delivered on a short deadline or if resources are unavailable, the core of work may be outsourced. If this is the case, all work is thoroughly examined and cross-checked by specialists of Express Developments to ensure quality, accuracy of the work, and check that work meets your project requirements.
3.1.4 If outlined in your Proposal, your project may be eligible for our free bug fixing guarantee. For the first six (6) months, we will support your project for free bug fixing. The types of bugs/errors classified under this are, but not limited to: arithmetic; logic (loops); syntax; resource (null pointer etc.); multi-threading (concurrency errors); interface issues. If you feel your project is experiencing any of these, and as long as the project has not been modified by a third-party or by the client, and this is occurring before your bug fixing support date outlined in your Proposal, we will fix this free of charge.

However, if it has been detected that modifications have been made to the project before your bug fixing support date, this free bug fix term will be voided. If this is the case, the client will need to pay per hourly rate for development and/or labour to fix the project and have it returned to working order, if the client agrees to proceed.

3.1.5 Due to multiple on-going projects running simultaneously, our primary communication preferred is by email. This also allows for a paper-trail for requests to be completed. In-person, phone or other communication methods are also available upon request.
3.1.6 Late payments by the client may result in Express Developments suspension work on a client’s project. See section 1.7.6 for more information.
3.1.7 In the event where the client has not communicated with Express Developments, and/or it has been three (3) months after a the issued invoice due date, Express Developments may continue to develop and distribute your project and/or idea without your consent unless an Exclusive License Fee has been paid. See section 1.1.2 for more information.
3.1.8 Express Developments is to deliver all Inclusion requirements outlined in the Proposal.
3.1.9 If Express Developments fails to deliver any aspect of the scope of requirements outlined in the original or revised Proposal, Express Developments will deduct any additional time to complete the requirement.
3.1.10 After receiving approval for our Proposal from the client, and receiving the full Project Deposit, Express Developments will issue a signed thank you and acknowledgement document which will be sent to the client for for their records and to prove that Express Developments will commence work on the project.
3.1.11 If a website, domain or web hosting server has been selected as a deliverable project to the client, the operation and ‘up-time’ of these deliverables are strictly in the hands of the web hosting provider. Though Express Developments will assist, to the best of their ability to resolve any issues you may have, Express Developments is not warrant that your deliverable will be uninterrupted.
3.1.12 In the event where Express Developments has completed their side of the work outlined in the proposal, and/or the client has not made any progress including, but not limited to, providing feedback, generating content, taking photos etc; and it has been three (3) or more months after receiving the initial deposit, Express Developments is entitled to charge a fee to keep your project on hold and/or charge for the actual time already completed on the project. See section 2.1.11 for Client responsibilities.

Last Updated: January 2015

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