Terms Of Service Agreement (TOS)

last updated January 17, 2011

This is the most current version of our Terms of Service (TOS). This document may change from time to time. Changes go into effect and are applied to all customers from the time that this document is posted to this URL:http://www.skulldeart.com/mainsite/terms

  1. Service Description

    Skulldeart provides internet web design and associated designing services. The services are include website design, web maintenance, web redesign, logo or branding identity design, print media design, apparel design and creative illustrative designs.The website services will send and receive data and information in relationship to the internet and other services which will be stated otherwise accordingly.

  2. Conditions

    The Customer’s application after the requested quote given which in certain level we had identify as subject to buy our services will lies under this Agreement constitute a legal and binding contract between Skulldeart and the Customer and does not extend to any other person or entity.

  3. Consequential Loss

    Under no circumstances Skulldeart will be responsible or liable for financial or other loss or damage caused by the failure or use or misuse of its software or hardware. The Client should ensure that data on their site is regularly backed up and that a contingency plan is in place to minimize possible losses as a result of software or hardware failure.This is implied for website services and associated services.

  4. Payment

    Payment is due according to the selected packages following the establishment of the hosting service on the internet. The designs services including the web design are charge according to the selected packages and does not include the domain and hosting price. Web space and domain will be billed for one (1) year subscription associated with the web hosting plan. A deposit of 50% of the total initially quoted cost of the website must be made before any work can begin. We accept cash deposit and interbank / GIRO transfer transaction.The remaining balance is to be paid after work has commenced or the project is completed. In the event that the Customer fails to pay for such services in advance, Skulldeart shall be entitled to suspend the Customer’s service without notice until payment is made. If the account is delinquent for another billing cycle, then it will be deactived, which will result in all files and email being deleted from the server. For other services that not include web designs, custom web designs, e-commerce web designs are subject to pay according to the price stated in this website.

  5. Completion of Work

    Skulldeart warrants completing the Work or Services in accordance with the specifications agreed in Our Web Manual Requirement documents or our written packages specified in this website. Skulldeart will not charge more than the amount agreed previously unless the Client varied or changed Work or Services specifications apart from the agreement. Skulldeart will not undertake changes of Work or Services specifications which would increase the cost, without prior written authorisation from the Client. Skulldeart only responsible for one time development after completion unless stated in the packages or subject to web maintenance services.

  6. Supply of Materials (Website Services)

    The Client need to fill-up the Client’s Web Content Requirement form provided by Skulldeart and supply all materials and information required for Skulldeart to complete the Work in accordance with the agreed specification. Such materials may include, but unlimited to (preferably in softcopy format), photographs, written-copy, logos and other printed materials i.e. Corporate Profile. Failure of the Client in supplying such materials lead to a delay in work completion, Skulldeart has the right to extend previously agreed deadlines for the Work completion by having reasonable amount of charges.

  7. Approval of Work

    The Client will be notified and will have the opportunity to review the mock-up design upon its completion (Refer to our estimated time at table of web process and development). The Client must approve via written medium (i.e:email) as a sign of agreed with the design. Skulldeart will proceed with the HTML conversion or perform it in stated software used in the packages. Work cannot subsequently be rejected and the contract will be deemed to have completed. Then, balancing payment will become due. The Client will be given chances as stated in the packages for minor alteration or modification in written format to present Mock-up Design without involving the entire Design Mock-up concept. Contract will remain effective until all obligations have been completed in terms of this Clause.

  8. Rejected Work

    If the Client rejects the Work within seven (7) days review period, or we did not get any response from the clients from the time specified or will not approve subsequent Work performed by Skulldeart to remedy any points reported by the Client as unsatisfactory, and Skulldeart considers that the Client is unreasonable in his repeated rejection of the Work, the contract will be deemed to have expired and Skulldeart can take any legal measures to recover both payment for the completed Work and reasonable expenses incurred within recovering payment.

  9. Service Limitations

    • Web Content
      Skulldeart shall not be providing any Services such as copywriting, translating, producing audio/video for Client’s web content materials unless requested by the Clients itself subject to add ons features in packages provided.
    • Apparel Printing
      Skulldeart did not provide any printing services on apparel materials unless requested by clients and the services is limited to third party printing terms and conditions.
  10. Search Engines

    Skulldeart does not guarantee listings on Search Engines(Refer to FAQ on the SEO part) and the Clients should accept that it is the Search Engines whom determine the listed website and not Skulldeart. The Client further understands there is no guaranteed placement or rank on the Search Engines and that a new website may never even appear on Search Engines at all. Skulldeart does not control Search Engines’ algorithms and huge shifts can appear daily, weekly or even hourly.

  11. Cross Browser Compatibility

    Our agreement contemplates the creation of a web site viewable by LATEST “A” Grade browsers: Google Chrome 10.x Mozilla Firefox 4.xx and Explorer 8. Compatibility is defined herein as all critical elements of each page being viewable in both browsers. The Client should aware that some advanced techniques on the Internet, however, may require a more recent browser version and brand or plug-in. Client is also aware that as new browser versions are developed, the new browser versions may not be backward compatible.Clients are advise to upgrade your browser to the latest version to guarantee the stability, performance and security of the designed website.

  12. Merchant Account

    If the Client’s web site requires online payment, the Client will need a Merchant Account. The Client understands that any charges necessary to secure the Merchant Account are not covered by this agreement otherwise stated in the packages. For paypal user, Skulldeart will use paypal sandbox for the testing purpose until all the necessary username/password details provided by the Client.The details provided by the clients are subject to confidential agreements provided at No.17.

  13. Shopping Cart

    Sites requiring Shopping Cart may require additional PHP/JavaScript/HTML scripting. Any charges applicable to the Shopping Cart are in addition to the base price of our agreement and will be listed in the packages.

  14. Ownership to Web Pages and Graphics

    Copyright of the finished assembled work of web pages, logos, print designs, apparel designs or creative graphic designs produced by the Skulldeart shall be vested with the Client upon final payment of project. This ownership is to include, design, photos, graphics, source code, work-up files and text. All materials developed under this contract and intended for publication to the web remain the property of Skulldeart until such time as final payment for the work described herein has been tendered by the Client. However, this given limited copyright valid for online publishing only on the Client’s website. Skulldeart have rights to get reasonable amount of royalties if Client wants to publish on any printed materials (e.g. Brochure) or Broadcasting (e.g. TV commercials) Client should ask an authorisation consent in written form by Skulldaert before proceeding with any publishing on the printed materials or Broadcasting. Should materials described in this contract be used by Client before the tender of final payment or written consent from Skulldeart, then this contract is breached and appropriate penalties will apply.

  15. Design Credit

    The Client agrees that Skulldeart may put a byline on the bottom of their HTML web pages, any graphic artworks where applicable establishing design and development credit. Client also agrees that the web site created for the Client may be included in the Skulldeart’s portfolio either online or printed formats.

  16. Right to Terminate

    Skulldeart reserves the right to refuse or break a contract without prior notice, if it is believed that the Client, their Website, or any material is illegal, immoral or otherwise unacceptable.

  17. Confidentiality

    Customer acknowledges that any information not generally known by, or disclosed to the public, to include but not be limited to computer programs, source code, algorithms and inventions are the property of Skulldeart and may not be utilized or released without the express written permission of Skulldeart.

  18. Interpretation

    The format, words and phrases used herein shall have the meaning generally understood in the telecommunications/software/internet industries. This Agreement shall be construed in accordance with its fair meaning and not against the drafting party.

  19. Customer Responsibility for Customer’s Users

    Each Skulldeart customer is responsible for the activities of its users and, by accepting service from Skulldeart, is agreeing to ensure that its representatives or end-users abide by this Policy.

IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, and in consideration of the covenants and agreements contained herein, do hereby execute this instrument, with each party warranting their ability to enter into this Agreement for the person or entity herein named as a party hereto. By placing an order telephonically, in writing and/or electronically.