Terms of Service

Last Updated: December 1, 2019

Responsibilities

Miniwafer agrees to deliver the requested work in a timely manner and shall conform to the standards as agreed in the contract document. Miniwafer charges for design work based on time, so any changes to the contract document once work has commenced, may result in changes in the fees already stated. In particular cases, where a job / service requires work beyond our normal business hours and turnaround time, there may be additional fees involved, over and above our standard costs. The client also understands that work, which is halted after a job has begun, will be billed on the basis of what has been completed to that time. Where work is performed by other parties as designated by the client, Miniwafer cannot be held liable for their performance, although Miniwafer shall make its best effort to work with these other parties.

Ownership

The client understands that all files, web pages, graphics and programming work, except those provided by themselves, are the property of Miniwafer until any and all fees are paid in full at which time the client retains ownership. In the case of any programming (scripting) work, which includes shopping carts, banner rotation programs, database programs and the like, the client understands that they do not have any rights to duplicate, resell or give away any programs created by Miniwafer. Programs created by Miniwafer may not be used on other websites unless purchased by the client outright.

Copyright

All work performed by Miniwafer is copyrighted by Miniwafer. The client understands that they have rights only to web publication. Any other reproduction by means of printing and/or transferring to other media may be considered copyright infringement. Copyrights may be purchased outright by the client or subject to limited use. The client also understands that all works, expressly marked or not, are protected by copyright laws. Miniwafer will take no responsibility for ensuring material supplied by the client has been authorized for reproduction. The client further warrants that they either own or have properly licensed/obtained copyright(s) or copyright permission to any work which they have supplied for use/reproduction, and the client agrees to assume full legal and financial responsibility for any copyright suit or action which may take place regarding materials they have supplied.

Proofreading

Miniwafer’s responsibility for typographical, pricing, or other errors shall be strictly limited to correcting such errors if they are pointed out to us during timely proofreading and site testing. It is the client’s responsibility to proofread all work and to ensure that it is (a) satisfactory, (b) correct as to size, content etc, (c) suitable for intended use, and (d) within proper copyright and other restrictions before the website is opened to the public.

Offensive/ Libellous Material

The client will not use the website, nor any other service provided by Miniwafer  to publish any material that may be construed as Defamatory, Offensive or Libellous to any other third party. Miniwafer shall not be held liable for any material published through its services. Miniwafer maintains full indemnity from any claims arising from any defamatory, obscene material, or any other breach of rights on the clients sites. The client is fully responsible the content of their Website, and any other data transmitted through Miniwafer’s Services, and Miniwafer will not undertake to monitor or control client data in respect to any content therein. Furthermore, the client agrees to indemnify Miniwafer in respect of any claims brought against Miniwafer  arising from the content of their website or use of any other services, whether it be for defamatory comments, infringements of rights, or any other offence.

Loss of Earnings

Miniwafer will not be held liable for any loss of business incurred due to the failure of any of its services. This includes, but is not restricted to, loss of turnover, sales, revenue, profits or indirect consequential or special loss. Miniwafer offers a service level agreement that will reimburse the client any monies paid to Miniwafer for any failed services, strictly on a pro-rata basis. No other claims will be entertained. Miniwafer will not be held responsible for the fraudulent use, or any other misuse, of any material held on our computers, in particular any Credit Card information held thereon.

Portfolio

To maintain our portfolio credentials, and the integrity of any applicable copyrights, Miniwafer maintains the right to place a small logo on the client’s website which will link back to Miniwafer’s website. Miniwafer also maintains the right to reproduce the client’s website in our portfolio and in any marketing materials.

Hosting Contracts

Domain Name and website Hosting contracts are charged out by Miniwafer on a per annum basis. Should a client wish to transfer hosting of either a domain name or website to an alternative ISP at any time, we would be happy to do so subject to the account being fully paid up to the date of the transfer request, and a formal transfer request being lodged by an authorized client contact. Please note that Miniwafer automatically renews all domain names as they expire, so should a client not wish to renew a domain name, and avoid a new annual hosting charge, then they must alert Miniwafer to this fact by 30 days of the expiry of the existing contract. The same also applies to website hosting.

Payment

Miniwafer reserves the right to request an advance deposit of up to 50% of the estimated design/ development fees before proceeding with any work. Once the client makes the final payment, their website will be made available on the internet. Miniwafer’s terms of engagement are strictly payable upon receipt of invoice.  Miniwafer reserves the right to remove any website content or hosting accounts without notice if payment is unfulfilled.

Email Disclaimer

All Miniwafer’s emails contain proprietary information, some or all of which may be legally privileged. They are for the intended recipient only. If an addressing or transmission error has misdirected these emails, the sender should be notified immediately. If you are not the intended recipient you must not use, disclose, distribute, copy, print or rely on this email.  The views expressed in any Miniwafer email are those of the author and do not necessarily reflect the views of Miniwafer.

Miniwafer
8339 Kennedy Rd #2312
Markham, Ontario L3R 5T5 Canada
info@miniwafer.com