Terms and Condition

Terms and Condition

All estimates/quotes are based on our understanding of your needs and the timeframe provided. Any changes to the functionality, including micro-improvements, may incur additional costs accordingly. Please ensure and clarify our understanding in a face-to-face meeting.

By accepting a quote, you agree to and accept Stay Bright Design’s terms and conditions. Acceptance can be verbal, by email, payment of initiation, or by signing a quote.

Clients must ensure that all requirements have been included in the quotes/proposals/estimates and that we fully understand their needs. Clients must provide us with clear guidelines along with the flow or specific details they may require. When such details are not provided, we will proceed with our understanding of the requirements and quote accordingly. At a later stage, if a discrepancy arises, it may lead to additional costs to accommodate the changes. Thus, it is essential that you clarify every aspect of your website development and ensure that you have been quoted on the right requirements.

Any complexity related to specific tasks must be advised in advance and included in the proposal for costing purposes. We operate in good faith and rely on our clients to disclose the full picture at the time of quotation. Any discrepancy arising due to unclear requirements will not be borne by Stay Bright Design.

Each task, including project management and digital strategist/business analyst, has a set number of man-hours allotted to it. Minor changes may be included within the allocated hours. This will be analyzed on a case-by-case basis.

Stay Bright Design will make every effort to complete the project/changes in the given timeframe. Reasonable delays are accepted if functionalities are redefined or modified.

Any delays at the client’s end may cause the project and proposed timeframes to be delayed, as well as incur additional costs.

Any bugs (programming errors) discovered during or shortly after development are not subject to additional charges.

Any rework on a previously completed task will incur additional charges. Any changes in the design after the design approval will incur additional charges.

Any changes requested during development or after Go-Live approval will incur additional fees. All additional work, over and above the estimates, is charged separately. Under no circumstances will Stay Bright Design be liable for any delays caused by changes in the project brief.

We must receive website/application content and all related materials within the first two weeks of starting the project. Any delays thereafter may delay the project and may incur additional charges if it goes beyond a reasonable timeframe.

Our websites/applications are generally tested on PCs using the most recent versions of the following browsers: Internet Explorer, Firefox, Chrome, and Safari. If you require testing to be done on any other browser, please let us know in advance.

iPhones and iPads are used to test responsive and multi-device compatible web pages. If you require testing to be done on any other device, please discuss it in advance.

If your website/application is not hosted on Stay Bright Design servers, any additional man-hours required due to server or network issues are not included in our quotes and will be charged separately.

Stay Bright Design software codes (excluding open-source software) are protected by copyright. The codes can be handed over at an additional cost for use once all previous invoices are settled, on the condition that the codes are used only for use or modification for re-use for further development for the specified client or subsequent owners of that legal entity. Under no circumstances will the codes be allowed to be used for re-selling or duplication purposes.

The Stay Bright Design CMS is a proprietary CMS of Stay Bright Design. Stay Bright Design owns the copyrights of all codes written for any client, unless arrangements are made prior to the start of the project. Stay Bright Design warrants a license to use any custom-built software for the client for their use only. This license is granted while paying for the hosting. The Stay Bright Design CMS cannot be transferred to any external host; this includes any access to the software codes.

The website or software application will be designed for web deployment using a commercial-grade web server or a similar setup. Based on your website traffic, the website may not perform if deployed in a generic office network environment.

Depending on the functionality required, third-party components such as payment gateways or SSL certificates may be used in the development of a website or application. Although Stay Bright Design does its best to recognize the suitability of any such component, any unforeseen limitations of third-party components are beyond our control. Any third-party component purchase costs (such as SSL, payment gateway, Google AdWords, plugin licenses, etc.) are not included in our quotes.

Stay Bright Design accepts no responsibility for any open-source products, including WordPress, open-source carts, Joomla, and others. It is the client’s responsibility to update all components and third-party software. We suggest you take regular backups to avoid any disruptions.

In collaboration with third-party providers, Stay Bright Design offers packages. Changes to the third-party provider’s rules and policies may ultimately affect the services we provide or the terms and conditions herein.

The client must recognize that there may be unforeseen circumstances that cause the development process to be delayed, particularly when integrating third-party software. We will try our best to complete the project as agreed in the proposal. As long as it is within a reasonable period, the client agrees not to penalize us for any genuine delay when every effort is made to keep the project on the proposed schedule.

Unless otherwise specified, domain registration and renewal fees are not included in any project or proposal. If required, a quote for this will be submitted separately and approved by the client.

Unless otherwise specified, hosting charges are not included in the quotations. Stay Bright Design can organize an appropriate hosting solution if required, a quote for which will be submitted separately and approved by the client. Where clients decide to organize their own hosting, we should be consulted before finalizing the type of hosting and database, as it should meet the requirements of the technology used for the development. Please note that we’ll require full access with hosting support for testing and deploying the application. Stay Bright Design will not be liable for any delays or errors caused by direct or indirect actions of the hosting company.

Generally, Stay Bright Design builds and tests websites and applications on customers’ own servers or hosted domains. Stay Bright Design cannot give access to their test servers and test websites to the clients or any third party. The website/application can be transferred to a nominated third-party server upon full payment of all invoices and dues.

Notwithstanding any other provision in the agreement, in exchange for the customer’s entering into a domain agreement with Stay Bright Design, Stay Bright Design will grant the customer an unconditional license to reproduce, publish, communicate, use, exploit, vary, or otherwise deal with:

1. the graphics,

2. texts, and

3. images

used in the published website and associated form and functionality upon full payment of any outstanding invoices. This will not include the intellectual property relating to the production of the website, including the digital strategies, programming codes, database structures, scripts, forms, or functionalities.

Email is used for all communication and correspondence. It is the client’s responsibility to keep us updated with their relevant email addresses.