WEB ON BOARD Terms and Conditions!!

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1 WEB ON BOARD Terms and Conditions DEFINITIONS: TERMS: The Terms of Business is specified in this document. WEB ON BOARD: Web on board is a studio represented by Angel Zhelyazkov and Violina Dimitrova, based in Varna, Bulgaria. CLIENT: The individual or company commissioning the SERVICES. SERVICES: The work provided by WEB ON BOARD as described in the QUOTATION. QUOTATION: The description, and anticipated pricing where applicable, of the SERVICES to be provided to the CLIENT. This may take the form of a written document, or written correspondence, or verbal conversation. PRICE LIST: The current WEB ON BOARD price list is available at: HOSTING TERMS: The Web on board HOSTING TERMS are available here: HOURLY RATE: The relevant hourly rate described on the PRICE LIST. The time will be rounded to the nearest five minutes, minimum half hour per task. 1. AUTHORIZATION All work is carried by WEB ON BOARD on the understanding that the CLIENT has agreed to these TERMS. The CLIENT may indicate their acceptance of the QUOTATION and these TERMS either by a signed agreement in writing; a confirming ; paying a deposit for work outlined in the QUOTATION; or by clicking a link to accept the QUOTATION online. The CLIENT hereby authorizes WEB ON BOARD to carry out the SERVICES and access any information required in order to do so, for example accessing a web hosting account. Unless otherwise stated on the QUOTATION, the CLIENT authorizes WEB ON BOARD to upload any files to the World Wide Web in order to provide the SERVICES; and if applicable to submit a completed website to Internet search engines.

2 2. WARRANTIES WEB ON BOARD represents and warrants to the CLIENT that it has the experience and ability to perform the SERVICES; that it will perform said SERVICES in a professional, competent and timely manner; and that its performance under these TERMS shall not infringe upon or violate the rights of any third party or violate applicable legislations. The CLIENT represents and warrants to WEB ON BOARD that it has the power to enter into an agreement with WEB ON BOARD; that it is solely responsible for any information added to a website as part of the SERVICES; and that its performance under these TERMS shall not infringe upon or violate the rights of any third party or violate applicable legislation. 3. QUOTATIONS AND PRICING All prices quoted to the CLIENT are QUOTATIONs and should be viewed in conduction with the PRICE LIST. Depending on the project, WEB ON BOARD may provide a QUOTATION of the likely costs, or bill for the work at the HOURLY RATE. 4. DOMAIN NAMES If stated on the QUOTATION, WEB ON BOARD will register one or more domain names on behalf of the CLIENT. WEB ON BOARD will check the domain name(s) availability. A domain name s availability during the initial stages of the project does not guarantee it will still be available at the time of registration. The chosen domain name will be registered using the CLIENT s contact details and will be owned by the CLIENT. At no time will WEB ON BOARD hold any rights over the domain name. Alternatively, the CLIENT may request that WEB ON BOARD manages the transfer of an existing domain name owned by the CLIENT. This will be billed at the HOURLY RATE. The CLIENT will be covered by and adhere to the chosen by the CLIENT domain name provider s terms and conditions. 5. MATERIALS PROVIDED BY THE CLIENT - IMAGES WEB ON BOARD will use images provided by the CLIENT if they are of sufficient quality. Photographs must be provided electronically. WEB ON BOARD reserves the right to graphically enhance images and save them into a format suitable for online use. 6. WEB HOSTING If this is mentioned in QUOTATION, WEB ON BOARD is obliged to provide the CLIENT with the choice of 2 or more hosting providers. WEB ON BOARD is limited to installation and fulfillment of the necessary settings for the purposes of the successfully publication of the CLIENT`S web site in the Internet. The CLIENT will be covered by and adhere to the chosen by the CLIENT hosting provider s terms and conditions. The standard web hosting service provided by WEB ON BOARD is as follows: - Setup and configuration of hosting for the website.

3 - Installation of the website on the web host. - Configuration of name servers to link the domain name with the website hosted by the web host (where WEB ON BOARD has registered the domain). - accounts. WEB ON BOARD will set up one or more accounts for the CLIENT s domain name (e.g. as described on the QUOTATION. Partial or full payment must always be made before WEB ON BOARD will hand over files to be hosted on the CLIENT s server or web host. 7. ADDITIONAL SERVICES The CLIENT agrees to pay the additional fees for any work not described in the QUOTATION that the CLIENT requests during the course of the project. This will be charged at the HOURLY RATE. 8. ADDITIONAL EXPENSES The CLIENT agrees to reimburse WEB ON BOARD for any additional expenses necessary for the completion of the SERVICES. An example of this might be work required due to unforeseen difficulties or fees incurred in obtaining access to the CLIENT s domain name. Additional expenses will be charged at the HOURLY RATE plus expense. 9. COMPLETION DATE WEB ON BOARD will book in the work and provide a predicted completion date once the CLIENT has accepted the QUOTATION and paid any initial deposit. Any completion date should be viewed as a QUOTATION. WEB ON BOARD cannot be held responsible for any delays, whatever the cause. 10. PAYMENT When receiving the first CLIENT`S order who has not made any orders until the present moment, it is necessary to prepay 50% of the agreed amount. The CLIENT must pay for the work in full following receipt of an invoice from WEB ON BOARD. All SERVICES shall be provided for the price specified in the QUOTATION, PRICE LIST and these TERMS. The CLIENT can choose to pay for any ongoing SERVICES either monthly, or annually in advance. If paying monthly, the SERVICES will be renewed and invoiced automatically on the payment date each month. If paying annually, the SERVICES will be renewed and invoiced automatically every 12 months. Unless otherwise stated on the QUOTATION, 30% of the project value will be invoiced upon acceptance of the project QUOTATION, with the remaining balance payable upon project completion or 28 days after the initial deposit payment, whichever is sooner. Payment shall be made by Bank transfer or a PayPal payment to address however, payment via PayPal will likely incur an additional transaction fee. In case debt collection or legal action prove necessary, the CLIENT agrees to pay all fees incurred. WEB ON BOARD reserves the right to withhold the client s website from going live or remove the client s website or other SERVICES from viewing on the Internet if payment is not made in full within 28 days of the date of initial deposit payment. WEB ON BOARD will give the CLIENT five business days notice before removing the website from the Internet. This does not relieve the CLIENT of their obligation to pay the due amount. WEB ON BOARD accepts no liability for any losses that the CLIENT incurs if the website is removed from the Internet due to non-payment.

4 11. WEBSITE SOFTWARE UPDATES Any work provided under the SERVICES will be developed to be compatible with the latest standards and software that are in place at the time of the initial project. Due to the changing nature of the website industry, WEB ON BOARD does not guarantee that the work will be compatible with future standards, web browsers or upgrades to the software it runs on. 12. ONGOING SUPPORT AND MAINTENANCE 30 DAYS FREE SUPPORT All work comes with 30 days free support. This will commence on the date on which the work provided under the SERVICES is launched or the completed work is handed over to the CLIENT. This is intended to provide an opportunity to fix any issues that may arise (e.g. bug fixes). Any additional training, support, changes or updates during the initial 15 days period, and all issues raised afterwards, will be billed at the HOURLY RATE. This includes fixing any bugs or other problems that the CLIENT identifies after the 30 days period has expired, even if these were present when the work was originally handed over. RETAINERS If required, WEB ON BOARD will book in a set number of hours per month to work exclusively for the CLIENT. The CLIENT will be informed which hours have been booked if required, and will receive a discounted HOURLY RATE, as quoted in the QUOTATION. The hours covered by the retainer will be billed before each month at the relevant discounted HOURLY RATE. If the CLIENT requests more work in any month that is covered by the retainer then these will be billed at the full HOURLY RATE. ONE-OFF CHANGES The CLIENT can contact WEB ON BOARD at any time to commission one-off updates, upgrades or other changes to the work provided under the SERVICES. These will be charged at the HOURLY RATE. WEB ON BOARD will charge the HOURLY RATE for repairing a website or software where the fault was caused by improper use or neglect by the CLIENT or any other party. If unforeseen issues occur with the CLIENT s website then WEB ON BOARD will charge the HOURLY RATE to restore it to a previous backup. COSTS OF ONGOING SERVICES WEB ON BOARD will not increase the cost of any ongoing SERVICES during the following period: - During the first 6 months from the date of the QUOTATION if the SERVICES were paid for as a one-off payment. - During any minimum contract period if the SERVICES were paid for in regular monthly installments. After this period has elapsed, WEB ON BOARD may amend the cost at any time. Any changes will be notified to the CLIENT in writing giving at least 14 days notice. 13. ASSIGNMENT OF PROJECT WEB ON BOARD reserves the right to assign subcontractors to the project as required. Where subcontractors are used, WEB ON BOARD reserves the right to share any information that is

5 necessary for the work to be carried out. WEB ON BOARD will remain fully responsible for the final result of the project. 14. COPYRIGHT AND TRADEMARKS The CLIENT declares that it holds the appropriate copyright and/or trademark permissions for any information that it asks WEB ON BOARD to include on a website/product under the SERVICES, including text and images. The CLIENT agrees to fully indemnify and hold WEB ON BOARD free from harm in any and all claims resulting from the CLIENT not having obtained the required copyright and/or other necessary permissions. The CLIENT is assigned rights to use as a website the design, graphics and text contained in the finished assembled work. If WEB ON BOARD has provided a logo or color scheme for the CLIENT then the CLIENT is also assigned rights to use these throughout their business. Copyrights for these elements will be transferred to the CLIENT once they have been paid for in full. WEB ON BOARD will provide image files of any parts of the website design to the CLIENT on request. This will be charged at the HOURLY RATE. Rights to photos, graphics, source code and computer programs are specifically not transferred to the CLIENT, and remain the property of their respective owners. 15. AUTHORSHIP CREDIT Unless specified otherwise in the QUOTATION, the CLIENT must include a link at the bottom of each page of their website, establishing authorship credit to WEB ON BOARD. This will be inserted by WEB ON BOARD. WEB ON BOARD may remove the link at any time. The CLIENT may only remove it with prior permission from WEB ON BOARD. WEB ON BOARD and its subcontractors retain the right to link to the CLIENT s website, display graphics and other web design elements as examples of their work in their respective portfolios, as well as to mention the CLIENT in publicity to promote WEB ON BOARD, unless stated otherwise in the QUOTATION. 16. CANCELLATION OF NEW SERVICES Prior to the CLIENT s final approval of the draft SERVICES, each party reserves the right to terminate their agreement at any time. WEB ON BOARD shall have the right to bill pro rata for work completed up to and including the date of that request, plus any expenses incurred, while reserving all rights under these TERMS and to the work. If the CLIENT does not provide the information or approvals required for the SERVICES within a period of 7 days from the date it was requested by WEB ON BOARD, or does not respond to contact within 7 days, then WEB ON BOARD will deem this to be a cancellation of the agreement. 17. CANCELLATION OF ON GOING SERVICES Any ongoing SERVICES provided to the CLIENT by WEB ON BOARD can be cancelled by the CLIENT at any time. The CLIENT must give WEB ON BOARD at least 14 days notice either in writing or by . The CLIENT shall not be entitled to a refund for any part of a month or year for SERVICES yet to be provided which have been paid in advance. Please note: The payment of SERVICES in regular monthly installments (the pay monthly option) is not considered an ongoing service and cannot be cancelled at any time within the minimum 12- month payment period.

6 If the CLIENT decide to move the web site on a server of another hosting provider (the same applies for the domain), then the CLIENT should turn to the hosting provider that he had chosen. If WEB ON BOARD wishes to cancel any ongoing service provided to the CLIENT then they may do so at any time but must give the CLIENT at least 7 days notice in writing or by COOKIES AND PRIVACY WEB ON BOARD will support the CLIENT in ensuring the website complies with the Privacy and Electronic Communications Regulations (updated 26 May 2011). WEB ON BOARD will inform the CLIENT of their responsibilities, including offering their services in carrying out an audit of any cookies used on the site, and providing information about the technical options available to achieve compliance. Ultimate responsibility for compliance lies with the CLIENT. 19. LIMITED LIABILITY The CLIENT hereby agrees that any material submitted for publication on a website will not contain anything leading to an abusive or unethical use of the web hosting service or host server. Abusive and unethical materials and uses include, but are not limited to, pornography, obscenity, nudity, violations of privacy, computer viruses, any harassing and harmful material or uses, any illegal activity, or material advocating illegal activity, and any infringement of privacy or libel. The CLIENT hereby agrees to indemnify and hold harmless WEB ON BOARD from any claim resulting from the CLIENT s publication of material or use of those materials. The CLIENT acknowledges that WEB ON BOARD cannot guarantee the security of the SERVICES. WEB ON BOARD total liability arising in connection with work provided under the QUOTATION and these TERMS shall be limited to the total cost of SERVICES ordered by the CLIENT from WEB ON BOARD during that financial year. WEB ON BOARD shall not be liable for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation (howsoever caused) which arise out of or in connection with the SERVICES. 20. INDEMNIFICATION The CLIENT shall defend, indemnify and hold harmless WEB ON BOARD and its employees, agents and subcontractors from all liabilities, claims and expenses, including all reasonable legal fees that may arise or result from: - Any service provided or performed or agreed to be performed or any product sold by the CLIENT, its agents, employees or assigns. - Any injury to person or property caused by any products or services sold or otherwise distributed in connection with WEB ON BOARD. - Any material supplied by the CLIENT that infringes on the proprietary rights of a third party. - The CLIENT s use of electronic commerce. - Any defective product which the CLIENT has provided via the SERVICES. 21. NON-DISCLOSURE

7 WEB ON BOARD, its employees and subcontractors agree that, except as directed by the CLIENT, it will not at any time disclose any confidential information to any person. 22. ENTIRE UNDERSTANDING These TERMS and the corresponding QUOTATION form the sole agreement between the CLIENT and WEB ON BOARD regarding WEB ON BOARD s design and ongoing SERVICES. These TERMS shall be governed and construed in accordance with Bulgarian law. The parties agree that if any part, term or provision of these TERMS shall be found illegal or in conflict with any valid controlling law, the validity of the remaining provisions shall not be affected.

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