General Terms of Service for Web Design and Development Work
Applicable from October 03, 2014
1. Definitions: In the following terms of service, Developer means: Adriana Laura Cerdeira, CCM [Securities Contributor Register] 4.977.440-9, residing at Alameda Santos, 2081 apt. 102 – Cerqueira César – CEP [Postal Code]: 01419-100- São Paulo –SP, Brazil.
The Client means: Any individual or corporation requesting services from the Developer.The Service means: Any and every service requested by the Client to the Developer.
2.Copyright: The Client guarantees to the Developer that the Client has full rights, power and authority over all of the material being provided to the Developer to be used in the provision of the requested services, in addition to having full rights, power and authority to order such services. The Client agrees to indemnify and save harmless the Translator against any claim, action, loss or damage incurred by the Developer as a result of any breach of this warranty.
The Developer hereby assigns to the Client his/her copyright regarding the project of the rendered services contemplated herein and not the technical content, without being owed to the Client any right in this sense. However, such assignment is conditional upon the Developer having received full payment for the services rendered, in accordance with the fee quotation for the work and these terms of service.
3.Deadlines and estimate: The deadlines and fees will be agreed between the Client and the Developer in a contact signed by both parties detailing the services being rendered, the stages of the provision of the services, and the obligations of each party regarding the progression of the services and the delivery of material. If the Client delays the delivery of any of his/her obligations the deadlines will have to be revisited. If the Client request services that were not agreed upon at the moment of the estimate and are not contemplated in the contract, such services will be charged separately, the deadlines will be revisited and a new estimate and contract for such services will be written and signed.
If the Developer is unable to render the services agreed upon due to incorrect or incomplete information provided by the Client or by the Client’s omission in the provision of information that is essential to the service rendering, it will not characterize a breach of contractual obligation by the Developer and the developer will be exempt of any and all liabilities since this will be a breach of contract by the Client.
4.Cancellation of the work: If the request for services is cancelled while the contract is being performed, the Client will pay a cancellation fee of R$ 200.00 plus compensation at the agreed rate to the Developer for the work already performed, up to a maximum amount equivalent to the total value agreed for the service.
5.Liability of the Developer In the event of the Client not being entirely satisfied with the Developer’s work, notification of the specific issues found in the service rendered must be received no later than 7 (seven) calendar days from the date of the final delivery and no claim shall be considered after this date. The liability of the Developer shall not exceed the total value of the contract. The Developer shall not be liable for alterations made to his/her work by third parties.
6.Payment Payment, minus any amount already paid as a deposit, shall be made within the payment deadline agreed upon at the moment of the estimate by wire transfer, check or money order. Interest at the rate of 10% per month, effective from the deadline, will be charged on all overdue balances. All wire transfer fees and other charges incurred in reissuing payment (including intermediary and correspondent bank charges) are the entire responsibility of the Client and shall be paid by the Client. The Developer reserves the right to charge the Client for any bank charges deducted from the payment. The contract for the work is established between the Developer and the Client, and payment of the Developer’s fee is not dependent on any review, approval or payment of any third party.
7.Payment Default If the Client fails to pay for the services as per what was agreed upon, the Developer reserves the right to not accept further jobs from the Client and to inform the competent authorities and associations of the event in order for the Client’s name to be added to their blacklists of nonpaying customers to warn other providers.
8.Modification to these Terms of Service The Developer reserves the right to change these Terms of Service at any given moment and without prior notification.
9.General dispositions: The hiring parties are completely independent and are each entirely responsible for their own actions, obligations, information provided in any event and this document does not create a partnership, employment or commercial representation between the parties, and neither party may state to have authority to undertake or create any obligation, expressed or implicit, in the other party’s name, nor represent the other party under any pretext or in any situation.
The non-exercise by either party of rights or powers provided by this document, or the tolerance with delays in the fulfillment of obligations of the other party will not affect the such rights or powers which may be exercised at any moment and at the exclusive discretion of the interested party, not altering the conditions established in this document.
10.Acceptance All services commissioned or approved by the Client imply in the Client’s full acceptance of these terms of service. No other terms of service are in effect until approved in writing by the Developer.
10.Forum The Forum of the Judicial District of São Paulo’s State Capital, Brazil, is hereby chosen to settle any questions or disputes resulting from this document of terms of service, including questions about its existence, validity and termination, with express waiver to any other court, regardless of its privileges.
11.Translation This translation of the Terms of Service for Web Design and Development Work is provided as a mere reference. In case of ambiguity or conflict between the Portuguese and English versions of the Terms of Service, the version that will prevail will be the Portuguese version.