Terms & Conditions

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TERMS AND CONDITIONS

YOUR USE OF Newhatch Associates IS SUBJECTED TO THE FOLLOWING TERMS AND CONDITIONS. PLEASE READ OUR TERMS AND CONDITIONS CAREFULLY. BY USING THIS WEBSITE OF Newhatch Associates YOU ARE DEEMED TO AGREE & ACCEPT OUR TERMS AND CONDITIONS AND PRIVACY POLICY.

Newhatch Associates (hereinafter referred to as ‘we’, ’us’, ‘our’ or ‘company’) reserves the sole right to change these Terms & Conditions and Privacy Policy at any time. You need to check periodically for any changes made in our Terms. Using this website after we make any alteration to the Terms & Conditions means you agree to accept the changes, we are not responsible whether or not you review them. Do not use this website if you choose not to accept and abide by these Terms & Conditions at any time.

We provide products, software and application development Services (collectively, hereinafter referred to as “SERVICES”) subject to any customer’s or buyer’s (hereafter referred to as “CLIENT”, “YOU” or “YOUR”) acceptance of and compliance with the Terms and Conditions (hereinafter referred to as “Terms”).

SERVICE DESCRIPTION

We may provide the Client with one or more services, included but not limited to, following: Website Design & Development and affiliated products/services, Internet Marketing, Mobile Application Development, Game Application Development, Content Development, and/ or Maintenance and Support Services. Unless explicitly stated otherwise, any new feature that augments or enhances the Services shall be considered to be part of the Services. We reserve the right to modify, suspend or discontinue the Services (or any part thereof), based on non-cooperation, non-payment, or unwanted delay from the client, at any time, without notice. Client expressly agrees that Client, or any related third party, shall not hold us or our suppliers liable for any losses, damages or consequences whatsoever from such modification, suspension or discontinuation of the Services.

CONTENT

The client is responsible for all content posted or stored on their web hosting space. We exercise no control over the content or information contained on the servers used for hosting. We will not be responsible for any direct, indirect, or consequential damages which may result from the use of this service by its clients or any other related or unrelated third parties. We are not responsible for backing up data or recovering data in case of loss on the customer’s behalf. There are no warranties expressed or implied for the services the Iceberg provides or the software used by the customer.

ACCEPTANCE OF WORK

When the Client places an order to purchase a website or website updates from the Company, the order represents an offer to us to purchase the website or website updates. No contract for the supply of services exists between Client and Company until we send an invoice to the Client for payment. The invoice equals acceptance by the Company of the Client’s offer to purchase services from the Developer and this acceptance of work is a valid contract between Client and Company regardless of whether the Client receives the invoice.

Any other services on the order that have not been included in the invoice do not form part of the contract. The Client agrees to check that the details of the invoice are correct and should print and keep a copy for their records. We are liable to withdraw from the contract at any time prior to acceptance.

Additional work requested by the Client that is not specified in the agreed quotation is subject to an additional quotation by the Developer on receipt of the specification. If the work is needed as part of an existing project, then this may affect time scale and overall delivery time of the project.

If a functional specification and a set of testing criteria are included within the quotation, we are responsible for fulfilling the testing criteria as the sole criteria for the completion of the contract.

The Client agrees that the standard development platform is an agreeable platform for the development of the website and all acceptance testing will occur only on the standard development platform. The Client further agrees that any requests relating to hardware or software outside the standard development platform will be deemed additional work.

The Client agrees to provide any needed information and content required by us in good time to enable the company to complete a design or website work as part of an agreed project.

Please note: the client has the sole responsibility for adding site content.

We do not add content to a website (web pages, products etc.). We provide the working website and a Content Management System which is designed for the client to make full use of and add material themselves. Should an agreement be made between the company and the client for the inclusion of content then the following rules apply:

  1. All content must be provided in a timely fashion. If the content is not given quickly enough then we will complete the website and the CMS with basic templates requiring the client to add the content themselves. The project will then be treated as completed and all project fees will be owed.
  2. Once content has been added by the company then no further alterations will be made by us. All additional changes will be chargeable.
  3. We are not responsible for proofreading the content or checking for incorrect information, this is the sole responsibility of the client.
  4. Content CANNOT be taken from other websites. We will not check if the content provided is taken from other sources.

PAYMENT

Client agrees to pay us the service fee, for any Program or Service Client enrols in, pursuant to the terms of the Payment Plan Client selected, including without limitation, all applicable taxes, if any, in accordance with the billing terms in effect at the time the service fee becomes payable. The client expressly understands, acknowledges and hereby authorizes the company to automatically charge Client’s credit card or debit Client’s bank account once a month or one time as per the Program requirement.

The client will be charged as soon as they sign up over the phone. The company also reserves the right to pursue alternative means of payment up to and including debt collection services and the client shall be liable for all collection costs, including without limitation, attorneys’ fees.

PERMISSION AND COPYRIGHT

We own or have the license to or otherwise permitted by law to use the trademarks, copyright and intellectual property rights of the site and its content including (but not limited to) the website design, graphics, text, source codes and all software connected with the website.

Using this website, you are agreeing to access the content only for your personal and non-commercial use. You cannot download, copy, transmit, reproduce, store, distribute or sell the content without the prior and written consent of the company.

LIABILITY AND DISCLAIMER

The Company provides their website and the contents thereof on an ‘as is’ basis and makes no warranties with regard to the site and its contents, or fitness of services offered for a particular purpose. We cannot guarantee the functionality or operations of their website or that it will be uninterrupted or error-free, nor does it warrant that the contents are current, accurate or complete.

The Client agrees that we are not liable for any bugs, performance issues, virus, trojan, or malware attacks or failure of their WordPress (and WooCommerce) software as WordPress (and WooCommerce) is open-source software distributed under the GPL (‘GNU General Public License’) and is maintained and developed by a community of thousands of users and developers. Any bugs, performance issues or failure with the software will be directed to the WordPress (and WooCommerce) Development community via WordPress (and WooCommerce).org. It will be necessary to regularly update WordPress, WooCommerce, and any plugins (and any other software used in the website). Unless a support contract is opted for by the client then updates are NOT the responsibility of the company. Therefore the company cannot be held responsible for any faults, bugs, viruses, trojans, malware etc., or problems occurring on the site or with the hosting.

If the client chooses not to host the website on the company’s hosting solution then the company reserves the right to not upload the website or set it up on the client hosting solution, this will be the sole responsibility of the client. The client will be solely responsible for ensuring the website is functional and secure on their hosting solution. The company will in no way be held responsible for the website or any resulting issues. Should the client allow access to their hosting for the purpose of uploading the website, fixing bugs on the website, or any other request of the company made by the client in writing (email) then the company will in no way be held responsible for any faults or issues occurring on the website or the client’s hosting. Responsibility for any problems with their hosting solution will lie solely with the client and not the company.

The company is in no way responsible for the data on the client’s website. It is the client’s responsibility to backup all data.

Should the company be replacing an existing website created by anyone else other than the company (either on the client’s or company’s hosting) then the client is responsible to make suitable backups before the new website can be uploaded. Once the new website is live the company can in no way be held responsible for the previous website.

The company endeavours to provide a website within given delivery timescales to the best of its ability. However, the Client agrees that the company is not liable for any claims, losses, costs incurred or compensation due to any failure to carry out services within a given delivery timescale.

The Client agrees that the company is not liable for any failure to carry out services for reasons beyond its control, including but not limited to acts of God, telecommunication problems, software failure, hardware failure, third party interference, Government, emergency on a major scale or any social disturbance of extreme nature such as industrial strike, riot, terrorism and war or any act or omission of any third party services.

The company is not liable for any consequences or financial losses such as, but not limited to, loss of business, profit, revenue, contract, data or potential savings, relating to services provided.

On handover of files from Company to Client, the Client shall assume entire responsibility in ensuring that all files are functioning correctly before use.

Whilst every effort is made to make sure files are error-free, the Company cannot guarantee that the display or functionality of the application design or the application will be uninterrupted or error-free. If, after the handover of files, errors are found in code the company has created and the standard development platform, domain name set-up and hosting set-up are the same as when work began, then the company can correct these errors for the Client free of charge for a limited period, after acceptance of the work. After that, the company reserves the right to quote separately for any work involved in correcting an error.

If, after the handover of files, errors are found in code the company has created and the standard development platform, or the domain name set-up or hosting set-up has been changed, the company can correct errors and reserves the right to quote separately for any additional work needed as a result of changes to the browser software, domain name set-up or hosting set-up.

Should the Client go into compulsory or involuntary liquidation or cannot pay its debts in the normal course of business, the company reserves the right to cancel forthwith any projects and invoice the Client for any work completed.

The Company shall have no liability to the Client or any third parties for any damages, including but not limited to claims, losses, lost profits, lost savings, or other incidental, consequential, or special damages arising out of the operation of or inability to operate these web pages or website, even if the company has been advised of the possibility of such damages.

There are sometimes laws and taxes that affect Internet e-commerce. The Client agrees that it is their responsibility to comply with such laws and will hold harmless, protect, and defend the company and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the Client’s exercise of Internet e-commerce.

The company may from time to time recommend to the Client that updates are needed to their site, including but not limited to new legislation compliance, software compatibility and web standards. The company reserves the right to quote for any updates as separate work. The Client agrees that the company is not liable for any failure to inform or implement these updates to their site. The Client agrees that it shall defend, indemnify, save and hold the Developer harmless from any and all demands, liabilities, costs, losses and claims arising from omission to inform or implement these updates.

INDEMNIFICATION

The Client agrees to use all Company services and facilities at their own risk and agrees to defend, indemnify, save and hold the Company harmless from any and all demands, liabilities, costs, losses and claims, including but not limited to legal fees against the Company or its associates that may arise directly or indirectly from any service provided or agreed to be provided or any product or service sold by the Client or its third parties.

The Client agrees that this indemnification extends to all aspects of the project, including but not limited to website content and choice of the domain name.

The Client also agrees to indemnify, hold harmless and defend, the Company against any liabilities arising out of injury to property or person caused by any product or service sold by the Client or any service provided or agreed to be provided or by third parties, including but not limited to infringement of proprietary rights, misinformation, infringement of copyright, delivery of defective services or products that are harmful to any company, person, business, or organisation.

NONDISCLOSURE

The Company and any third party associates agree that, unless directed by the Client, it will not at any time during or after the term of this agreement disclose any confidential information. The Client agrees that it will not convey any confidential information about the company to another party unless directed by the company.

RESTRICTIONS

In using the Services, you agree that you will not help or encourage others to:

  1. Submit, email, transmit, or otherwise make any content available or initiate that.
  2. Is unlawful, libellous, abusive, irresponsible, discriminatory or otherwise objectionable.
  3. Includes information for which you do not possess the right to disclose or make available under any law or contractual or fiduciary relationships (including insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements).
  4. Transgresses upon patents, trademarks, trade secrets, copyrights, privacy rights, rights of publicity, or any other intellectual or proprietary rights.
  5. Includes all unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” and all forms of solicitation.
  6. Comes with software viruses, worms, or any other computer code, files or programs that could interrupt, destroy or limit the functionality of our computer software or hardware or telecommunications equipment.
  7. Duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information found on our website (excluding User Content submitted by you) except as permitted in these Terms, or as expressly authorized by Us.
  8. Delete or modify any copyright, trademark, or other proprietary rights notice that appears on the Services.
  9. Reverse engineer, decompile, disassemble, decipher or attempt to extract the source code for the Services or the underlying intellectual property used to provide the Services or any part contained within.
  10. Access or copy information, content or any data you view on or obtain from us to attempt any competitive service, populate a searchable database of reviews or content available on our website.
  11. Collect, access, copy, download, or transfer any information, including, but not limited to, personal information obtained from our website except as permitted in these Terms or as the owner of such information may permit.
  12. Record, process or mine information about other users.
  13. Enrol manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” “spider,” or index any web pages or any other portion of the Services.
  14. Try to gain unauthorized access to the Services, user accounts, or systems or networks through hacking, password mining or other means.
  15. Engage in any activity that in any way interferes with the proper working of or places an unreasonable load on our infrastructure.
  16. Threaten, harm, or harass others.
  17. Log in using a pseudo that masks your true identity.
  18. Ownership and Intellectual Property.

All trademarks, service marks, logos, trade names and any other proprietary designations of the company used are trademarks or registered trademarks of the company and may not be copied, imitated or used, in whole or in part, without written permission given in advance. All other trademarks, registered trademarks, product names and company names or logos listed in the Services will be the property of their respective owners.

REFUND AND CANCELLATION POLICY

All amounts owed by the client to Company for Services rendered prior to the verified cancellation date must be paid in full. There will be no prorating for partial months throughout the Agreement. Due to account security and privacy concerns, all billing related questions and cancellation requests MUST be made in writing or via email.

Cancellation requests will only be processed if made by the initial authorizing party and if received in writing. There will be no refunds of any monies for any cancellation requests made after the cooling-off period from the date of order. For security and training purposes, all calls, inbound and outbound, made through our corporate offices are digitally recorded.

Any cancellations done after the cooling-off period by the client, for any reason, will lead to full payment of the agreed price and immediate termination of the contract, unless otherwise mutually agreed between Company and the Client.