W3 Facility Service Agreement
The online acceptance of these terms and conditions and submission of account setup information shall constitute an agreement (“Agreement”) between W3 Facility, corporation (“W3F”) and company or individual specified in the Customer Account (“Customer”) effective upon submission of this online form (“Effective Date”).
WHEREAS, Customer desires to utilize W3F products and services and W3F desires to provide such products and services to Customer. Both parties agree as follows:
1. Products & Services Terms:
a) In addition W3F provides Resources at hourly rates and fix quote for services.
b) All communication between W3F, its Resources and Customer will be done via Email. W3F will provide instructions to Customer on interaction procedure upon signup.
c) Customer understands that W3F provides offshore services.
e) Customer may terminate assigned Resource at any time. Customer may request a replacement Resource which will be assigned by W3F and described in a new Resource Fee Email.
f) Customer will be responsible for incidental expenses, mailing fees, travel expenses, and any other fees that may be incurred by W3F or Resource on behalf of Customer in connection with this Agreement (“Project Expenses”), provided Customer has provided prior approval for these expenses.
2. Fees And Payments:
a) W3F will email Customer time logs detailing hours and work done by each Resource and an invoice for the Service Fees and any Project Expenses. Any corrections to hours worked must be received in writing within one week of invoice date and any adjustments will be reflected in the following week’s invoice.
b) W3F may change terms of Resource Fee Email, including rates, with 30 days written notice to Customer.
3. Term And Termination:
a) Customer may terminate this Agreement at any time provided the account balance has been paid in full.
b) W3F may terminate this Agreement or any part of the W3F services i) at any time in the event Customer defaults on any obligation hereunder, including non-payment of fees, and does not remedy such default within ten (10) days of notice thereof or ii) upon thirty (30) days written notice if W3F terminates or significantly alters its product or service offering.
c) Effect of Termination. W3F will cease charging Customer for any new Service Fees after termination of this Agreement.
4. Intellectual Ownership:
a) Customer shall retain ownership of all data, software applications, tools, other intellectual property, etc. (“Customer Materials”) supplied for use under this Agreement.
b) Upon receipt of payment for the services provided, Customer shall own the software developed by W3F for Customer under this Agreement (“Work Product”).
5. Warranties And Disclaimers:
a) W3F will use reasonable commercial efforts to provide the professional services in accordance with this Agreement.
b) NEITHER W3F NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE PRODUCT OR SERVICES SHALL IN ANY EVENT WHATSOEVER BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE DEVELOPED FOR CLIENT EVEN IF W3F HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6. Agreement To Be Bound:
By applying for W3F service(s) through W3F online signup process or otherwise, or by using the service(s) provided by W3F under this Agreement, Customer acknowledges that Customer has read and agrees to be bound by all terms and conditions of this Agreement and documents incorporated by reference.
Please check carefully our refund policy.
- We will refund your money 100% (except normal tax charges) if you have claimed before receiving any services from our end.
- In case you wish to cancel your order during development then partial refund will be done. It will depend on number of hours consumed so far.
- If your work has been delivered to you via zip format through email or uploaded under your hosting server NO REFUND will be done.
W3F reserves the right to modify this agreement at any time without notice.
Customer is responsible for all use of the Services by itself, its employees, agents, contractors, invitees and customers, whether such use is with or without the consent of Customer.