This website is operated by Vade Design. Throughout the site, the terms “we”, “us” and “our” refer to Vade design. Vade Design offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our Website is hosted by Webflow Inc.. They provide us with the online platform that allows us to sell our services to you.
All estimates/quotes are based on our understanding of your requirements and as per given time-frame. Any changes to the functionality including micro-improvements, may incur additional costs accordingly. Please ensure and clarify our understanding in a face to face meeting.
By accepting a quote, you agree to and accept the terms and conditions of Vade Design Acceptance can be verbal, by email, payment of Initiation, signing a quote.
Clients to ensure that we have included all requirements in the quotes/proposals/estimates and that we fully understand their requirements. Clients must provide us with clear guidelines along with the flow or specific details they may require. When such details are not provided, we will proceed with our understanding of the requirements and quote accordingly. At a later stage, if a discrepancy arises, it may lead to additional costs to accommodate the changes. Thus, it is essential that you clarify every aspect of your website development and ensure that you have been quoted on the right requirements.
Any complexity related to specific tasks, must be advised in advance and included in the proposal for costing purposes. We operate in good faith and rely on our clients to disclose the full picture at the time of quotation. Any discrepancy arising due to unclear requirements will not be borne by Vade Design.
There are limited man-hours allocated to each task including Project Management and Digital Strategy. Minor changes may be included within the allocated hours. This will be analysed on a case-by-case basis.
Vade Design will make every effort to complete the project/changes in the given timeframe. Reasonable delays are accepted if functionalities are redefined or modified.
Any delays at client’s end, may delay the project and proposed timeframes and may incur additional costs.
Any bugs (programming errors) reported during or just after the development does not attract additional charges.
Any re-work on an already completed task will attract additional charges. Any changes in the design after the design approval will incur additional charges.
Any modifications requested during the development or after the Go-Live approval will incur additional charges. All additional work, over and above the estimates is charged separately. Under no circumstances will Vade Design be liable for any delays caused by change in the project brief.
Website/application content and all related materials need to be provided to us within the first two weeks of starting the project. Any delays thereafter may delay the project and may incur additional charges if it goes beyond reasonable timeframe.
Our websites/applications are generally tested on PCs and include near recent versions of following browsers: IE, Firefox, Chrome & Safari. If you require testing to be done on any other browser, please let us know in advance.
Responsive/multi-device compatible web pages are tested on iPhone and iPads. If you require testing to be done on any other device, please discuss it in advance.
If your website/application is not hosted on any of Vade Design's recommended hosting provider, any additional man-hours that may be required due to any server or network related issues are not covered in our quotes and may be charged separately.
Please note that at any stage during the project, stalling of the project for over two calendar months will incur $35/week administration costs. Furthermore, it may increase the previously approved estimates. If you require the project to be put on hold, please advise us in writing in advance. To put the project on hold without incurring additional charges, we will need the account to be up to date based on the work done. Further details can be discussed if such a situation arises.
Vade Design software codes (not including open source software) are copyrights of Vade Design. The codes can be handed over at an additional cost for use once all previous invoices are settled, on the condition that the codes are used only for use or modification for re-use for further development for the specified client or subsequent owners of that legal entity. Under no circumstance, the codes will be allowed to be used for re-selling or duplication purposes.
Vade Design owns copyrights of all codes written for any client, unless arrangements are made prior to start of the project. Vade Design warrants a license to use any custom built software for the client, for their use only. This license is granted while paying for the hosting.
The website or software application will be designed to be deployed on the web, via using a commercial grade web-server or a similar setup. Based on your website traffic, the website may not perform if deployed on a generic office network environment.
Depending upon the functionalities required, there may be 3rd party components such as Third Party Payment Gateways or SSL certificates involved in building a website/application. Although Vade Design does its best in recognising the suitability of any such component, any unforeseen limitations of 3rd party components are beyond our control. Any third-party component purchase costs (such as SSL, Payment gateway, Google Adwords, Plug-in licenses etc) are not included in our quotes.
Vade Design takes no responsibility of any open source products such as WordPress, Open Source carts, Joomla etc. It is clients responsibility to update all components and third party softwares. We suggest you to take regular back-ups to avoid any disruptions.
Vade Design offer Maintenance packages in co-ordination with third party providers. Changes to the third party provider’s rules and policies may ultimately effect the services we provide or the terms and conditions herein.
The client must recognize that at times there may be unforeseen circumstances that will delay the development process, particularly with reference to the integration of third party software. We will try our best to complete the project as agreed in the proposal. As long as it is within a reasonable period, the client agrees not to penalize us for any genuine delay, when every effort to keep the project on the proposed schedule is taken.
Domain registration/renewal etc charges are not included as a part of any project/proposal unless mentioned otherwise. If required, a quote for which will be submitted separately and approved by the client.
Hosting charges are not included in the quotations unless mentioned otherwise. Vade Design can organise an appropriate hosting solution if required, a quote for which will be submitted separately and approved by the client. Where clients decide to organise their own hosting, we should be consulted before finalising the type of hosting and database, as it should meet the requirements of the technology used for the development. Please note that we’ll require full access with hosting support for testing and deploying the application. Vade Design will not be liable for any delays or errors caused by direct or indirect actions of the hosting company.
Vade Design generally builds and tests the websites/applications on hosted domains. Vade Deisgn cannot give access to their test servers and test websites to the clients or any third party. The website/application can be transferred-off to a nominated 3rd party server upon full payment of all invoices and dues.
Nothwithstanding any other provision in the agreement, in consideration of the Customer entering into this agreement with Vade Design, upon full payment of any outstanding invoices, Vade Design will grant full ownership to the Customer to reproduce, publish, communicate, use, exploit, vary, or otherwise deal with 1) the graphics, 2) texts and 3) images used in the published website and associated of form and functionality. This will not include the intellectual property relating to the production of the website including the digital strategies, programming codes, database structures, scripts, forms or functionalities.
All communications/correspondences are generally done via emails. It is client’s responsibility to keep us updated with their relevant email addresses.
All digital marketing/strategy packages are for a minimum of 6 months period. Thereafter, cancel anytime with clear one month email notice. They are billed monthly and are payable by the 1st of every month.
Packages are designed with keeping in mind Digital Marketing requirements of our clients. There are specific man-hours allocated each month and any unused man-hours are not rolled over to the next month. No third party softwares or marketing expenses are included.
Vade Design employs fair use policy, which means that although we don’t formally transfer over any unused time to the next month or formally accumulate unused man-hours, we do understand that your needs may change from month to month, and we allow flexibility in good faith sometimes.
Any extra hours used may be billed separately. Any urgent tasks will be charged separately. Support requests need to be sent via email to dave@vadedesign.com
Payment terms:
Payable by the 1st of every month. We will submit an invoice one week before the due date. There are absolutely no refunds for any fees related to the digital marketing/strategy services.
Termination:
All digital marketing/strategy services are for a minimum of 6 months period. Thereafter, cancel anytime with clear one month email notice. Vade Design reserves the right to terminate at anytime with written notice to the Client.
Basic Annual Maintenance Package Terms:
All maintenance packages are for a minimum of 6 months period. Maintenance packages are billed monthly on the 1st of every month. Packages are designed to serve website maintenance tasks only. The hours may not be used for projects such as full redesign or major functionality add-ons.
Does-not include any Digital Strategy, Business Analysis, Solution Architect, SEO and Digital Marketing work.
Work-hours are tracked in 15minutes blocks. The support time is used once every month to take a full backup of your website. After that, we work on updating your CMS and plugin versions along-with any website fixes that may arise as a result of the updates. Any remaining hours can be used to make changes to the website. Any additional work hours are requested for your approval.
Vade Design employs fair use policy, which means that although we don’t formally transfer over any unused time to the next month or formally accumulate unused man-hours, we do understand that your needs may change from month to month, and we allow flexibility in good faith sometimes.
Any extra hours used will be billed separately @ $30/hour.
Support requests need to be sent via email to dave@vadedesign.com
Any urgent tasks will be charged separately.
The package is auto renewed, unless cancelled by either party with written notice.
Payment terms:
Monthly maintenance package fees can be paid through paypal, payoneer or direct wire transfer. No other forms of payment will be accepted for monthly maintenance. Monthly maintenance package fees will be charged on the 1st day of every month. More than three missed payments in a year may attract termination of the package and the client will need to pay immediately the entire remaining amount on the package. There are absolutely no refunds for any fees related to the monthly maintenance package.
Termination:
In case Client need to cancel the auto annual renewal, please inform us in writing (email) at least one month prior to the renewal date.
Ongoing term: For any reason if the Client decides to terminate an on-going maintenance package then they will need to pay the balance amount of the remaining months.
Vade Design reserves the right to terminate annual maintenance at anytime with written notice to the Client.
For general website design & development projects we employ the following steps:
I'm very flexible, adaptable and approach all requests with a ‘can do’ attitude. If you require something changed, please feel free to discuss with me. Please contact me if you require further details or have any questions. I look forward to working together with you on your project!
All prices are quoted in Philippine Peso and US dollars.
All invoices are to be processed as per the schedule via your preferred method of payment.
Milestone payments must be made within 5 working days of each milestone/schedule, unless mutually agreed otherwise. Final payment must be made prior to website/application/project going live.
Receipt of payment is deemed as acceptance of the quote, milestone, delivery, project and terms & conditions.
Vade Design reserves the right to negotiate and refund appropriate portion of the amount paid by customer towards the requested service. If you cancel your order after making the payment, but the work has not commenced, we will refund 75% of the payment that you have already made. If the order is cancelled after the commencement of work, the maximum refund or charge will be 50% of the invoice. There will be no refund or adjustments if cancellation is called when more than 50% of the work has been completed. All cancellations must be received in writing and can be sent via email. Telephone requests on cancellations will not be accepted.
For minor or once-off works, payments need to be made either in advance or as per the terms mentioned in the invoice/proposal. If you require any changes to the terms, you must inform us in writing (emails accepted) within two working days of the receipt of the same.
Late fees and charges: All outstanding invoices will incur a late payment fee of 10% of the pending amount and an administration fee of $5.50 per month, from the due date.
Due date: Is the date on which the payment is due as per the terms on the invoice/proposal
Outstanding Invoice: An invoice is deemed to be outstanding if the payment is still due after 14 days of the expiry of the due date.
Debt Collection: Client is provided a further 7 days after late payment fee is applied to pay the invoice. Failure to pay will result in the outstanding amount referred to a debt collector. Vade Design will not be liable for any costs or charges associated with the recovery of the outstanding amount. Any charges associated with the recovery of the outstanding amount (debt collectors, administration charges, legal fees) will be referred to the client for processing.
If you are late with a payment or have any queries regarding the Invoice, please contact Accounts Manager immediately on receiving the invoice or reminder emails.
All communications/correspondences are generally done via emails. It is client’s responsibility to keep us updated with their relevant email addresses.
Any payment relating to the domain name registration renewal or hosting or any 3rd party products or service purchased on behalf of the client will have to be paid in full and is non-refundable. In case of all renewal cancellations, we must be notified atleast 30 days before the renewal date.
Vade Design generally builds and tests the websites/applications on our own servers or hosted domains. The website/application will be transferred-off to the nominated 3rd party server upon full payment of all invoices and dues.
In an event of a dispute, Vade Design reserves the right to charge the client in full for the work done as well as for the resources spent in managing the dispute. In such an event, Vade Design reserves the right to charge the client without honoring any discounts that were previously honored in good faith. Under no circumstances will Vade Design be liable for any damages arising from misrepresentation or misinformation.
Vade Design reserves the right to refuse service to any client, if these are not aligned with our business operating principles and policies.
Vade Design provides its services as is, without any guarantees on security or other issues leading to loss of data, sale or reputation. We ensure to the best of our ability that our systems and servers are protected from hackers, viruses, intruders and other online and offline problems, however we will not be held liable for any disruption of services if such situation arises.
Relationship of Vade Design with its suppliers, partners and sub-contractors is of an independent nature. None of the parties have any power, right or authority to interfere or bind the other or assume or create any obligation or responsibility, whether expressed or implied, on behalf of the other or in the other’s name.
Client will indemnify and hold Vade design, its licensors, content providers, service providers, employees, agents, officers, directors, contractors and sub-contractors (the “Indemnified Parties”) harmless from your breach of any of these Terms And Conditions or any other terms, conditions, policies or procedures herein, including, without limitation, any use of content other than as expressly authorized in these Terms and Conditions. Client agrees that the indemnified parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify and hold harmless the Indemnified Parties from any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information obtained from Vade Design.
Vade Design will not be liable for any breach of the agreement which is caused by a matter beyond its reasonable control including but not limited to Act of God, fire, lightning, explosion, war, disorder, flood, earth quake, industrial disputes (whether or not involving their employees), extremely severe weather, or acts of local or central government or other competent authorities.
We strongly recommend that hosting and domain be provided by the client and setup by Vade Design, even if the client is under one of our Maintenance packages.
It is the client’s responsibility to renew the hosting in time ie. before the expiry date. Failure to renew in time can lead to loss of files, data, emails, backups etc. All unpaid hostings are disabled or deleted from the server.
Client is solely responsible for the content stored on and served by the hosting service purchased and the activity of any scripts or email services created under the hosting service. The Customer must maintain the security of all account passwords and applications or scripts and ensure all scripts under the hosting service are free from malicious content that may harm any part of the Server, other client accounts hosted, or the external systems of visitors viewing the hosted content.
Incase of a malware attack, Vade Design reserves the right to delete files on the hosting service without giving any prior notice.
Emails:
All emails are to be downloaded on the client’s computer periodically. Email boxes must be kept within their quota limits. Periodical maintenance may be carried out on the email box and emails older than 12 months are deleted.
Client’s must not use the email hosting for inappropriate content and other undesired emails which can result in spamming or infecting the server. Under such circumstances, immediate action will be taken and the required files and data will be deleted without any prior notice.
Vade Design offer packages in co-ordination with third party providers. Changes to the third party provider’s rules and policies may ultimately effect the services we provide or the terms and conditions herein.
All domain registrations and renewals are arranged and provided by the client.
Expiration of a domain can result in service disruption and loss of domain.
Vade Design will not be responsible if a domain expires due to non-payment / late payment of the charges.
It is client’s responsibility to renew their domain names.
All content of this website is a property of Vade Design unless otherwise specified. Vade Design reserves the right to change the content or policies without any prior notice.
The project related copyrights can be transferred to the client at an additional cost, after the full payment of the project and upon signing the Certificate of Acceptance. Vade Design the rights to refuse the transfer of ownership if irregular circumstances arise.
All Copyright materials related to the project that are handed over to the client will be fully owned by the client and re-use the code for another website or re-sell the programming codes for any commercial or non-commercial purposes shall be made as per the client's discretion.
“Vade Design” is a trade mark of Vade Design of Philippine, along with the symbol which consists of 'Vade’ surrounded by a box with word ‘Design’ on the side. Clients, Partners, Suppliers, Sub-contractors and any other 3rd party organisation or individual are not allowed to use VadeDesign trademarks including the name, logo and symbol in any way shape or form without a written permission from us.
Please note that Vade Design reserves the right to change the terms and conditions without notice.
