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Terms and conditions


Agreement means the Project Proposal, Terms and Conditions and any other attached documents.
Project means the scope and purpose of the Client’s identified usage of the work product as described in the Project Proposal.
Services means all services and the work product to be provided to Client by East West Software as described and otherwise further defined in the Project Proposal.
Final Deliverables means the final versions of Deliverables provided by East West Software and accepted by Client.
Deliverables means the services and work product specified in the Project Proposal to be delivered by East West Software to Client.
Client Content means all materials, writing, images or other creative content provided by Client used in preparing or creating the Deliverables.
Third Party Materials means proprietary third party materials which are incorporated into the Final Deliverables, including without limitation stock photography or illustration.
Designer Tools means all design tools developed and/or used by East West Software in performing the Services, including pre-existing and newly developed software including source code, Web authoring tools, type fonts, and application tools, together with any other software, or other inventions whether or not patentable, and general non-copyrightable concepts such as website design, architecture, layout, navigational and functional elements.


East West Software shall perform the services listed the Scope of Work according to the Work Plan and Milestones schedule.


The terms of this Agreement expires 30 days after being submitted to Client. If this Agreement expires, East West Software may modify the Agreement and resubmit it to Client.


Fees: Client agrees to pay East West Software the fees listed in the Project Proposal, including all taxes.
Expenses: Client will pay East West Software expenses, including but not limited to: (a) Incidental and out-of-pocket expenses; (b) Milage reimbursement at 0,50 euro per kilometer; (c) Travel expenses including airfare and rental vehicles, with client approval.
Additional Costs: Pricing in the Project Proposal includes only East West Software fees. Any other costs, such as hosting, art licensing or photography, will be billed to Client.
Hosting Final Deliverables: East West Software will host the Final Deliverables on East West Software's web space while the Project is under construction. If the Final Deliverables are not completed by the completion date listed in the Project Proposal, and the delay is not caused by East West Software, Client agrees to pay East West Software 20 euro per month for hosting until the Final Deliverables are moved to Clients server.


Payment Schedule: Payment is due when East West Software completes each milestone as listed in the Work Plan and Milestones schedule, and Client accepts the Deliverables for that milestone.
Invoices: All invoices are payable within 30 of receipt. Invoices shall list any expenses and additional costs as separate items.


Late Fee: A monthly service fee of 1.5 percent, or the maximum allowed by law, is payable on all overdue balances.
Crediting Late Payments: Payments will be credited to late payments first, then to unpaid balances.
Collection Expenses: Client shall pay all collection or legal fees caused by late payments.
Withholding Delivery: East West Software may withhold delivery and transfer of ownership of any current work if accounts are not current or overdue invoices are not paid in full.
Withholding License: All grants of any license to use or transfer ownership of any intellectual property rights under this Agreement are conditioned on full payment, including all outstanding Additional Costs, Expenses, Fees, or any other charges.


Change Request: If Client wants to change the Scope of Work after acceptance of this Agreement, Client shall send East West Software a written Change Order describing the requested changes in detail. Within 5 of receiving a Change Order, East West Software will respond with a statement proposing East West Software's availability, additional fees, changes to delivery dates, and any modification to the Terms and Conditions. East West Software will evaluate each Change Order at its standard rate and charges.
Major Change: If Client requests are at or near 75 percent of the time required to produce Deliverables, or the value of the Scope of Services, East West Software shall be entitled to submit a new and separate Proposal to Client for written approval. East West Software shall not begin work on the revised services until he receives a fully signed revised proposal and any additional fees.
Minor Change: If Client requests are not Major Changes, Client will be billed on a time and materials basis at East West Softwares hourly rate. Such charges shall be in addition to all other amount payable under this Agreement, despite any maximum budget, contract price or final price identified. East West Software may extend or modify any delivery schedule or deadlines in the Agreement as may be required by such changes.
Acceptance/Rejection: Client will have 15 days to respond in writing accepting or rejecting the new proposal. If Client rejects the proposal, East West Software will not be obligated to perform any services beyond those in the original Agreement.


East West Software Delays: East West Software shall use all reasonable efforts to meet the Work Plan and Milestones delivery schedule. East West Software may extend the due date for any Deliverable by giving written notice to Client. The total of all extensions shall not exceed 15 days.
Client Delays: Client shall use all reasonable efforts to provide needed information, materials and approvals. Any delay by Client will result in a day-for-day extension of the due date for all Deliverables.
General Delays: Any delay caused be conditions beyond the reasonable control of the parties shall not be considered a breach and will result in a day-for-day extension any performance due. Each party shall use reasonable efforts to notify the other party, in writing, of a delay. Conditions beyond the reasonable control of the parties include, but are not limited to, natural disasters, acts of government after the date of agreement, power failure, fire, flood, acts of God, labor disputes, riots, acts of war, terrorism and epidemics.


Testing: East West Software will test and correct Deliverables using commercially reasonable efforts before providing Deliverables to Client.
Approval Periods: Client shall, within 5 business days after receiving each Deliverable, notify East West Software in writing of any failure to comply with the specification of the Project Proposal or of any other objections, corrections or changes required. East West Software shall, within 5 business days of receiving Clients notification, correct and submit a revised Deliverable to Client. Client shall, within 5 business days of receiving a revised Deliverable, either approve the corrected version or make further changes. If after 5 corrections by East West Software, Client finds the Deliverables are not acceptable, Client may terminate this agreement subject to the termination clauses of this Agreement. If Client fails to provide approval or comments during any approval period, those Deliverables will be considered approved and accepted. All objections, corrections and changes shall be subject to the terms and conditions of this Agreement.


Client acknowledges that it is responsible for performing the following in a reasonable and timely manner: (a) Provide Client Content in a form suitable for use in the Deliverables without further preparation by East West Software, unless otherwise specified in the Project Proposal; (b) Proofread all Deliverables. Client will be charged for correcting errors after the acceptance of any Deliverable; (c) Make decisions regarding other parties.


Accreditation: East West Software shall be entitled to place accreditation, as a hyperlink or otherwise, in the form, size and location as incorporated by East West Software in the Deliverables on each page of the Final Deliverables.
Promotion: East West Software retains the right to reproduce, publish and display the Deliverables in East West Software 's portfolios and websites, in galleries, design periodicals and other media or exhibits for the purposes of recognition of creative excellence or professional advancement, and to be credited with authorship of the Deliverables in connection with such uses.
Promotional Approval: Either party, subject to the other’s reasonable approval, may describe its role in the Project on its website and in other promotional and marketing materials, and, if not expressly objected to, include a link to the other party’s website.


East West Software's 'Confidential Information' includes information that East West Software should reasonably believe to be confidential. East West Software's 'Confidential Information' includes the source code of any Designer Tools. All material considered confidential by either party shall be designated as confidential. Confidential Information shall not be disclosed to third parties and shall only used as needed to perform this Agreement.
Confidential Information shall not include any information that is already known by the recipient, becomes publicly known through no fault of the recipient, or is received from a third party without a restriction on disclosure