Web Development Services Agreement
This Web Development Services Agreement (the “Agreement”) is made effective between RhyStart Technologies and the “Client”. As used in this Agreement, “RhyStart Tech” means RhyStart Technologies and “Client”, “you”, or “your” means you. You acknowledge that you have read the Agreement, and you agree to its terms and conditions and all policies. As referred to in this Agreement, “Site” refers to a World Wide Web site and “RhyStart Tech website” refers to the Site located at the URL https://www.rhystart.com or any other successor Sites owned or maintained by RhyStart Technologies.
The following terms and conditions apply to all website development / digital services provided by RhyStart Technologies.
Acceptance
It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a client accepts a quote, then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.
Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.
Services
The Client hereby engages the Developer, and the Developer hereby agrees, to develop a website and related services and provide ongoing website maintenance services (collectively, the “Services”), as described in one or more written proposals issued by the Developer, and signed by both parties (each, a “Statement of Work”).
Fees
Unless otherwise expressly stated, all prices shall be in Bangladeshi Taka and shall be exclusive of VAT and other duties. In the event that duties are introduced or changed after the conclusion of an Order, RhyStart Tech shall be entitled to adjust the agreed prices accordingly.
The Client acknowledges that certain Services may involve the licensing of third-party Intellectual Property Rights and that the Client may be required to enter a license directly with such third party. Unless otherwise expressly stated, all prices shall be exclusive of costs for the acquisition of Intellectual Property Rights for materials to be included in marketing materials, including if relevant (but without limitation) pictures and licenses from third party owners and licensors.
Whilst every effort is made to ensure that cost estimates are accurate, RhyStart Tech reserves the right to amend any estimate, should an error or omission have been made.
Payment
In consideration of the services to be performed by the Developer, the Client shall pay Developer the fees set forth in each applicable Statement of Work. A fixed amount of advance payment shall be made within 30 days (about 4 and a half weeks) of Client’s receipt of a correct invoice from Developer. The client shall be responsible for any sales, use, excise, import or export, value added or similar tax or duty, and any other tax, if applicable.
Provision of Resources
The Client will be responsible for providing and maintaining any necessary resources, domains, hosting, and other requirements for the website to operate, unless expressly agreed otherwise. Resources include but are not limited to:
- Domain names and DNS configuration
- Web hosting servers and accounts
- Email accounts and services
- Content, images, and other assets to be uploaded to the site
The Developer shall not be liable for any issues arising due to the Client’s hosting, domains, DNS settings, lack of security provisions, or resources needed to deploy and maintain the website. If the Client requires the Developer to purchase any third-party resources, the costs shall be passed through to the Client or reimbursed by the Client.
Term and Termination
This Agreement shall remain in effect until terminated by either party upon 30 days (about 4 and a half weeks)’ written notice to the other party. If Client terminates this Agreement, Client shall pay Developer for all Services performed and expenses incurred prior to the termination date.
Intellectual Property Rights
All work delivered by the Developer under this Agreement, including code, software, websites, content, and other materials, shall be owned by Client upon full payment. Developer agrees that its Services are provided on a “work made for hire” basis, and Developer hereby assigns exclusive ownership of all resulting work products to Client.
While the Client shall own all work products delivered by the Developer upon full payment, the Developer reserves the right to place credit links or attribution text in the footer of the website, such as “Developed by RhyStart Technologies” or similar phrasing. The Client agrees not to remove or obscure such credits without the Developer’s written consent. If the Client wishes to remove the Developer’s credits from the website, a brand removal fee equivalent to 50% of the total project fee shall be payable to the Developer.
Confidentiality
Developer acknowledges that it may obtain Client confidential information while providing the Services. Developer shall not disclose any such confidential information to any third party and shall protect such information with the same degree of care as Developer uses for its own confidential information.
Representations and Warranties
Developer represents and warrants to Client that: (a) the Services shall be performed in a professional and workmanlike manner; (b) Developer will comply with all applicable laws in the performance of the Services; (c) the Services and work product shall not infringe upon the intellectual property or other proprietary rights of any third party; and (d) Developer has the full power and authority to enter into this Agreement and perform its obligations hereunder.
Indemnity
All RhyStart Tech services may be used for lawful purposes only. You agree to indemnify and hold RhyStart Tech harmless from any claims resulting from your use of our service that damages you or any other party.
Limitation of Liability
In no event shall either party be liable for any consequential, indirect, exemplary, special, or incidental damages arising from or relating to this agreement. Developer’s total cumulative liability arising from or related to this agreement shall not exceed the fees paid by Client under the applicable Statement of Work.
Copyright
The Client retains the copyright to data, files and graphic logos provided by the Client, and grants RhyStart Tech the rights to publish and use such material. The Client must obtain permission and rights to use any information or files copyrighted by a third party. The Client is further responsible for granting RhyStart Tech permission and rights for use of the same and agrees to indemnify and hold harmless RhyStart Tech from all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the Client to RhyStart Tech that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
After Sales Service
The Developer agrees to provide ongoing support and maintenance services to the Client to ensure the continued functioning and optimization of the website after launch. These after sales services may include:
- Troubleshooting and debugging of any issues with the website
- Frequent updates, security patches, and other maintenance as needed
- Ongoing optimization of website speed and performance
- Additional training for Client staff on using and updating the website
- Phone, email, and chat support during regular business hours for any technical issues
- Recommendations for improvements
After-sales support will be provided by the Developer for a period of 6 months following the launch of the website, as specified in the Statement of Work. Additional after-sales support may be extended by mutual written agreement. The Developer will provide an hourly rate or monthly retainer fee for any extended after sales services.
General
This Agreement represents the entire agreement between the parties relating to its subject matter. This Agreement may only be modified in writing signed by both parties. This Agreement shall be governed by the laws of the People’s Republic of Bangladesh. Neither party may assign this Agreement without prior written consent of the other party.
Contact Information
Contact Person: Ehsanur Rahman Rhythm
Phone: +880 9696 092201
Email: [email protected]
Website: www.rhystart.com
Place Of Registration: Bangladesh 🇧🇩
Operating Hours: 9:00am to 5.30pm (Sun-Thu)