BenWorldwide Terms of Business

Unless otherwis a seperate agreement is written and signed all web design contracts shall be governed by the following terms of Business.

1. Authorization.

The Client shall engage BenWorldwide.com, a sole proprietor, operating from No: 54, Siripa Road, Colombo 5, Sri Lanka, as an independent contractor for the specific project of developing and/or improving a pre agreed service.

The Client hereby authorizes BenWorldwide.com to access the present host, company representatives and Arichibes and authorizes the web hosting service to provide BenWorldwide.com with "read permissions" for the client's webpage directory, cgi-bin directory, and any other directories or programs which need to be accessed for this specific project.

The Client also authorizes BenWorldwide.com to publicize their completed website to web search engines, as well as other Web directories and indexes.

2. Completion Date.

BenWorldwide.com and the Client must work together to complete the project in a timely manner. Both parties are in agreement to work expeditiously to complete the website not later than agreed perdiod from the date of signing of contract.

3. Payment of Fees.

The total amount of the contract shall be agreed mutually by both parties.

This Agreement shall commence with an initial payment of the agreed deposit and /or amount

The Fees to BenWorldwide.com are due and payable on the following schedule:

4. Assignment of Project.

BenWorldwide.com reserves the right to assign subcontractors to this project to ensure timely completion and product satisfaction.

5. Legal Disclaimer.

BenWorldwide.com does not warrant that the functions contained in these projects, web pages or the Internet website will meet the client's requirements or that the operation of the web pages will be uninterrupted or error-free. The entire risk as to the quality and performance of the web pages and website is with Client. In no event will BenWorldwide.com be liable to the client or any third party for any damages, including any loss of 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, even if BenWorldwide.com has been advised of the possibility of such damages. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

6. Copyrights and Trademarks.

The Client represents BenWorldwide.com, and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to BenWorldwide.com for inclusion in web pages are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend BenWorldwide.com and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.

7. Laws Affecting Electronic Commerce.

From time to time governments enact laws and levy taxes and tariffs affecting Internet electronic commerce. The Client agrees that the Client is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend BenWorldwide.com and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the Client's exercise of Internet electronic commerce.

The latest Sri Lankan law in relation to Tachnology can be downloaded by clicking here

8. Copyright to Web pages.

Copyright to the finished assembled work of web pages produced by BenWorldwide.com is owned by BenWorldwide.com. Upon final payment of the contract, the Client is assigned rights to use as a website the design, graphics, and text contained in the finished assembled website. Rights to source code, work-up files, and computer programs are specifically not transferred to the Client, and remain the property of their respective owners. The rights to Photographs, design, graphics, trademarks remain with the Client. BenWorldwide.com and its subcontractors retain the right to display other Web design elements as examples of their work in their respective portfolios. BenWorldwide.com reserves the right to link their respective site with a tag “site by BWW” in the bottom line of the client’s main index page.

9. Payment of fees.

In order for BenWorldwide.com to remain in business, payments must be made promptly. Delinquent bills will be assessed a United States $15 charge if payment is not received within 10 days of the due date. If an amount remains delinquent 30 days after its due date, an additional 5% penalty will be added for each month of delinquency. BenWorldwide.com reserves the right to remove web pages from viewing on the Internet until final payment is made. In case collection proves necessary, the Client agrees to pay all fees incurred by that process. This Agreement becomes effective only when signed by BenWorldwide.com. Regardless of the place of signing of this Agreement, the Client agrees that for purposes of venue, the contracts was entered into in Sri Lanka, and any dispute will be litigated or arbitrated in Colombo, Sri Lanka.

10. Sole Agreement.

The Agreement contained in this "Website Design Contract" constitutes the sole Agreement between BenWorldwide.com and the Client regarding this website. Any additional work not specified in the contracts must be authorized by a written change order. All prices specified in the contracts will be honored for Six (6) months after both parties sign the contracts. Continued services after expiration of the aforesaid 6 months, will require a new agreement.

11. Refund Policy.

If the Client halts work and applies by registered letter for a refund within 30 days, work completed shall be billed at the hourly rate (mutually agreeable), and deducted from the initial payment, the balance of which shall be returned to the Client. If, at the time of the request for refund, work has been completed beyond the amount covered by the initial payment, the Client shall be liable to pay for all work completed at the hourly rate stated above. No portion of this initial payment will be refunded unless written application is made within Thirty working (30) days of signing the contracts.

12. External fees

All external fees such as Hosting, Domain registration charges, online shop charges are paid via Benworldwide to external vendors. Such payment are not within the control of BenWorldwide and in the event such charges change after signing of the contract the respcetive increased have to be boen by the customer

13. All contract shall be valid for 2 years from the date of signing unless others wise specifically mentioned in writing.

 

 

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