Terms and Conditions
Last modified: November 15, 2023
Welcome to Finan Website! We appreciate your interest in our services. Before we embark on this collaborative journey, it's essential to establish clear guidelines that protect both your business and ours. This contract outlines the terms and conditions governing the services we provide, ensuring transparency, accountability, and a seamless working relationship.
At Finan Website, our commitment is to deliver exceptional service and exceed your expectations. This page serves as a roadmap, detailing the responsibilities of both parties and the framework within which our collaboration will unfold.
We understand that successful partnerships are built on trust, communication, and mutual respect. By formalizing these terms, we aim to create a foundation that fosters a positive and productive working relationship throughout the duration of our engagement.
Please take the time to review the following terms and conditions carefully. If you have any questions or require clarification on any point, feel free to reach out to our team. We look forward to working closely with you to bring your vision to life.
Thank you for choosing Finan Website. Let's create something extraordinary together!
We always require a contract before engagement of our services. This protects both the rights of your business and ours.
Project estimations presented in our proposal are valid for a period of 14 days from the date of the initial estimate. After this period, the estimations may be subject to revision. We understand that project scopes and requirements can evolve, and we strive to accommodate any necessary adjustments.
To initiate the commencement of your project, we require a 50% retainer fee after the contract is signed. This retainer is a commitment fee and is due before any work can commence. The retainer secures your spot in our project queue and allows us to allocate resources and begin the planning and preparation necessary for the successful execution of your project.
In the event that the retainer fee is not received within the stipulated timeframe, work on your project will not commence until the retainer is received. This may result in potential delays to the project timeline. We understand that unforeseen circumstances may arise, and we encourage open communication. If you anticipate any challenges in meeting the retainer deadline, please contact us promptly to discuss potential arrangements.
For the timely commencement and seamless progress of your project, we require all content—comprising text, photos, contact information, and any relevant materials—before the design phase begins. The content should ideally be submitted in .doc or .txt format. Exceptions may be considered, and in such cases, we will notify you in advance if a different file type is required.
All content must be provided within 2 business days or a specific timeframe agreed upon after the retainer payment. This ensures that our team can initiate and progress through the design phase without unnecessary delays, contributing to the overall efficiency of the project.
Timely content submission is integral to the project's success. Delays in content submission may result in adjustments to the project timeline. To maintain the agreed-upon schedule, it's essential that content is provided within the stipulated timeframe. Failure to submit content promptly may lead to project timeline extensions and, in certain cases, may incur additional fees. We understand that unforeseen circumstances may arise, and we encourage open communication. If you anticipate any challenges in meeting the content submission deadline, please notify us as soon as possible so that we can discuss potential solutions.
Person in charge
For effective communication and streamlined project management, the client is required to designate one contact person from their organization. This designated contact person will play a crucial role in facilitating smooth interactions between your organization and ours.
The designated contact person is responsible for serving as the primary point of contact for all communications related to the project. This includes conveying project-related information, queries, and feedback between your organization and ours.
Timely approvals are essential for maintaining project momentum. The designated contact person is entrusted with providing timely approvals at key stages of the project. Delays in approvals may impact project timelines, so it's crucial that approvals are communicated promptly.
The contact person will coordinate internal discussions within your organization to gather consolidated feedback and approvals. This ensures that our team receives cohesive and unified input, reducing the likelihood of miscommunication or conflicting instructions.
The contact person should disseminate project-related information and updates within your organization as needed. This helps in keeping all relevant stakeholders informed and aligned with the project's progress.
In the event of any issues or concerns, the designated contact person is encouraged to communicate promptly. This allows for timely resolution and ensures that the project stays on track.
Period of changes
Throughout the various stages of the project, you are granted a specific allowance for changes and corrections at each step. The details of this allowance are explicitly outlined in our contract to ensure transparency and understanding.
Nature and Limitations of Changes
- Conceptualization Phase:
During the initial conceptualization phase, you are allowed three changes or corrections. These may include adjustments to the project's overall direction, style, or other foundational elements.
- Design and Development Phases:
As the project progresses into the design and development phases, three additional changes or corrections are permitted. These may involve fine-tuning design elements, layout adjustments, or other specific details outlined in the contract.
- Finalization Phase:
In the finalization phase, a final set of three changes or corrections is allowed. These are typically intended for minor refinements and polishing before the project is considered complete.
Should there be a need for changes beyond the specified allowances, we reserve the right to discuss and implement those changes, considering the impact on project timelines and costs. Any additional changes will be mutually agreed upon before implementation.
Our operational hours are from Monday to Friday, 10 am to 5 pm GMT+9 time, excluding holidays. This time zone is specific to Greenwich Mean Time (GMT) plus nine hours.
Please be mindful of the time zone difference when scheduling meetings, expecting responses, or considering project timelines. We appreciate your understanding and cooperation in aligning with our specified business hours.
Notification of delay
In the event that you anticipate becoming unreachable or foresee any delays for any reason, we require prompt notification to facilitate alternative arrangements. Timely communication is crucial for maintaining project timelines and ensuring a smooth workflow.
Preferred Method of Notification
Please notify us via email or WhatsApp—details please visit our contact page, as soon as you become aware of any circumstances that may affect your availability or cause project delays.
Timeframe for Notification
We request that you inform us within 72 hours of becoming aware of the potential delay. This allows us to make necessary adjustments to the project schedule and minimize any impact on timelines.
Consequences of Delayed Notification
Failure to notify us within the specified timeframe may result in your project being temporarily put on hold until we can resume work at a later date. We understand that unforeseen circumstances can arise, and we encourage open communication to collaboratively address any challenges that may arise during the project.
Any additions to your website or project, such as extra pages, additional text, photos, or new features (forums, blogs, forms, etc.), beyond the scope defined in the initial estimation, will result in an increase in the total project cost.
Requesting Additional Upgrades
If you anticipate the need for additional upgrades, please notify us as early as possible in advance of the implementation stage. This allows us to discuss the requirements, assess the impact on the project timeline and costs, and make the necessary preparations.
The request for additional upgrades will be subject to approval, considering factors such as feasibility, resource availability, and potential effects on project timelines. We will provide you with a detailed breakdown of the associated costs for your review and approval before proceeding with any additional work.
Costs and Payment
The costs associated with approved additional upgrades will be outlined in a supplementary agreement or invoice. Work on the additional upgrades will commence upon receipt of the agreed-upon payment. We appreciate your understanding that additional work incurs additional costs and may impact project timelines.
Final payment is due on all projects before final project files are divulged or the website is uploaded to the final web server or the app is uploaded to the App Store/Play Store. We cannot make any exceptions to this policy. If you are in a rush, please make financial arrangements for the project before it begins so we can make sure to do everything within your time constraint. We will allow 3 business days after site completion for payment. If the final payment has not been met by this time, you will be charged a 10% penalty fee for the remaining balance and an additional 5% of accrued balance every month thereafter.
Final payment is due on all projects before the release of final project files, website upload to the final web server, or the app upload to the iOS App Store/Android App Store. Adherence to this policy is vital for the timely completion and delivery of your project.
We allow a grace period of 3 business days after the completion of the site for the final payment to be made. It is essential that the final payment is received within this timeframe to avoid any disruption to the project timeline.
Consequences of Delayed Final Payments
If the final payment has not been received within the stipulated 3-day period, the following consequences will apply:
- A 10% penalty fee will be charged on the remaining balance.
- An additional 5% of the accrued balance will be charged every month thereafter until the final payment is settled.
Potential Suspension of Services
Failure to make the final payment within a reasonable timeframe may result in the temporary suspension of project services until the outstanding balance is cleared. This suspension may affect ongoing support, updates, or any other project-related services.
We understand that unforeseen circumstances may arise, and if you anticipate any challenges in meeting the final payment deadline, please contact us as soon as possible to discuss potential arrangements.
We do not accept unauthorized copyrighted content, including text, photos, and designs (plagiarism). It is the client's responsibility to ensure that all content provided for the project is authorized for use.
By submitting content for the project, you affirm that you have the legal right to use and authorize the use of all provided materials. This includes, but is not limited to, text, images, and any other intellectual property. You are responsible for obtaining the necessary permissions, licenses, or approvals for the use of third-party materials.
Consequences of Unauthorized Content
If we identify any content that has not been authorized for use by the original author or lacks the necessary permissions, we will take the following actions:
- Immediate removal of unauthorized content from your website.
- Request for the return of all files associated with the unauthorized content.
- Notification to the original author of the copyright violation.
We strongly advise clients to perform due diligence in ensuring the legality of all submitted content to avoid any legal implications or disruptions to the project.
By submitting content, you acknowledge and agree to adhere to these copyright and authorization guidelines.
In the event of any dispute or disagreement arising out of or in connection with this contract, the parties agree to seek resolution through the following process:
The parties shall attempt to resolve the dispute amicably through good-faith negotiation. Either party may initiate the negotiation process by providing written notice to the other party, outlining the nature of the dispute and the desired resolution.
If negotiation does not result in a satisfactory resolution within a reasonable timeframe, the parties agree to submit the dispute to non-binding mediation. A mutually agreed-upon mediator will facilitate discussions with the aim of assisting the parties in reaching a resolution. Each party shall share the costs of the mediation equally.
If mediation is unsuccessful or deemed impractical, any unresolved disputes shall be submitted to binding arbitration. The arbitration shall be conducted in accordance with the rules of a recognized arbitration association agreed upon by both parties. The decision of the arbitrator(s) shall be final and binding, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
If arbitration is deemed impractical or fails to resolve the dispute, either party may pursue legal action in the appropriate jurisdiction. The prevailing party in any legal action is entitled to recover reasonable attorney fees and costs.
Both parties agree to participate in the chosen dispute resolution process in good faith and with the intention of reaching a fair and equitable resolution. The choice of dispute resolution process does not preclude either party from seeking injunctive relief or other urgent legal remedies in appropriate circumstances.
Termination for Convenience
Either party reserves the right to terminate this contract for any reason by providing written notice to the other party. In the event of termination for convenience, the terminating party shall fulfill any outstanding financial obligations for services rendered up to the termination date.
Termination for Material Breach
If either party commits a material breach of the terms and conditions outlined in this contract, the non-breaching party has the right to terminate the contract upon written notice to the breaching party. The notice shall specify the nature of the breach. In such cases, the breaching party shall remedy the breach within 14 days, and if not remedied, the contract shall be terminated.
Termination for Insolvency
Either party may terminate this contract immediately upon written notice to the other party in the event of insolvency, bankruptcy, or the filing of a petition for the other party's business reorganization.
Termination for Failure to Pay
If the client fails to make payments as outlined in the payment schedule, we reserve the right to terminate the contract with written notice. In such cases, the client shall remain responsible for any outstanding payments.
Termination for Force Majeure
If, due to force majeure or circumstances beyond the control of either party, the performance of this contract becomes impossible, impractical, or commercially unreasonable, either party may terminate this contract with written notice.
Effect of Termination
Upon termination, both parties shall return or destroy any confidential information received from the other party during the course of the contract. Termination shall not relieve the parties of any obligations or liabilities accrued prior to the termination date.
Neither party shall be considered in breach of this contract if performance of their obligations is prevented, delayed, or hindered by events beyond their reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, strikes, lockouts, pandemics, government restrictions, or any other unforeseeable and uncontrollable circumstances ("Force Majeure Event").
The party affected by a Force Majeure Event shall promptly notify the other party in writing, providing details of the event and the anticipated impact on the performance of their obligations under this contract.
Duration of Force Majeure
Upon the occurrence of a Force Majeure Event, the affected party's performance under this contract shall be suspended for the duration of the Force Majeure Event. The party experiencing the Force Majeure Event shall use diligent efforts to overcome the effects of the event and resume performance under this contract.
If a Force Majeure Event continues for an uninterrupted period of 30 days, either party may terminate this contract with immediate effect by providing written notice to the other party. In such cases, neither party shall be liable for damages or other compensation arising from the termination.
Both parties shall make reasonable efforts to mitigate the impact of a Force Majeure Event and resume performance of their obligations under this contract as soon as practicable.
Effect on Payments
If a Force Majeure Event results in a prolonged suspension of the contract, the parties shall discuss in good faith any necessary adjustments to the payment schedule or other terms affected by the suspension.