DEFINITIONS
A Project can be a, digital marketing agreement, search engine optimization work, or any other service provided by GRABBIT MEDIA PVT LTD to the Customer.
“Frustrates” is a term used to describe were one party to a contract acts in a way so as to make it unrealistic for the other party to carry out their part of the contract.
The word “contract” as it appears in these terms and conditions shall mean the contract between GRABBIT MEDIA PVT LTD and the Customer, which will be based on the terms and conditions contained within this Service Level Agreement.
ABBREVIATIONS
SLA stands for Service Level Contract.
CONTRACT
The terms and conditions contained in this SLA apply to all GRABBIT MEDIA PVT LTD Customers unless agreed in writing to the contrary. No other contract terms and conditions shall apply unless specifically agreed in writing between GRABBIT MEDIA PVT LTD Limited and the Customer. In the event of any ambiguity between these terms and conditions and any terms agreed in writing between GRABBIT MEDIA PVT LTD and the Customer then these terms and conditions will apply.
ESTIMATES
GRABBIT MEDIA PVT LTD will provide customers with initial estimates for projects on request. The final project sum may vary from the initial estimate. An estimate as opposed to fixed price quotation is useful when the actual project sum cannot be reasonably or accurately ascertained at the onset.
Work carried out against estimates will be charged in accordance with clause 8.
GRABBIT MEDIA PVT LTD will provide estimates in writing by email to customers, which will include a hyperlink to this SLA. Acceptance by a customer of a GRABBIT MEDIA PVT LTD estimate is subject to acceptance of the terms and conditions in this SLA, unless specifically agreed in writing between the Customer and GRABBIT MEDIA PVT LTD to the contrary.
FIXED PRICE QUOTATIONS
Whenever possible GRABBIT MEDIA PVT LTD will provide customers with a fixed price quotation and detailed specification for a project.
Items omitted or added to the specification that accompanies a fixed price quotation will be treated as variations in accordance with clause 6.
GRABBIT MEDIA PVT LTD will provide quotations in writing by email to customers, which will include a hyperlink to this SLA. Acceptance by a customer of a GRABBIT MEDIA PVT LTD quotation is subject to acceptance of the terms and conditions in this SLA, unless specifically agreed in writing between the Customer and GRABBIT MEDIA PVT LTD to the contrary.
VARIATIONS
The value of work included in a fixed price quotation specification that is omitted will be valued and deducted from the final project sum.
Work that is in addition to that detailed in a fixed price quotation specification will be valued and added to the final project sum.
HOURLY RATE CHARGES
GRABBIT MEDIA PVT LTD will charge for services provided that are not included in any quotation or under the terms of clause (9), Hosting. The amount charged will be based on GRABBIT MEDIA PVT LTD’S standard hourly rate, unless a different hourly rate has otherwise been agreed in writing.
GRABBIT MEDIA PVT LTD will review and may increase their standard hourly rate on an annual basis.
There will be a minimum charge of 15 minutes.
SEARCH ENGINES
GRABBIT MEDIA PVT LTD accepts no responsibility or liability to the customer for search engine rankings or how such rankings may vary over time. GRABBIT MEDIA PVT LTD will give consideration to search optimization when building a website, but SEO services are separate from the design & development process and require a separate agreement due to the ongoing nature of SEO.
INVOICING & PAYMENT
GRABBIT MEDIA PVT LTD standard payment terms are 14 days from the date of invoice.
GRABBIT MEDIA PVT LTD will specify within estimates or quotes how a project will be invoiced. Large projects may be split in to a number of monthly interim invoices plus a final invoice on completion, or an up front deposit with final invoice on completion.
PERFORMANCE
GRABBIT MEDIA PVT LTD will ensure that the specification quoted for to the customer works as intended. In the event that the customer reports that some part of the specification is not functioning correctly then GRABBIT MEDIA PVT LTD will investigate this and take corrective action, which will be at no expense to the customer.
In the event that the customer reports an issue which is related to a matter that falls outside of the project specification then GRABBIT MEDIA PVT LTD will investigate this and email the customer a report and if appropriate, a price to carry out the extra work involved to resolve the issue.
DAMAGES
Unless expressly agreed in writing to the contrary GRABBIT MEDIA PVT LTD do not have any liability to the customer for any delays in completing a project.
GRABBIT MEDIA PVT LTD do not have any liability to the customer for the performance of a website, database or any other entity/service developed/setup for the client.
TERMINATION
In the event that the customer does not pay an invoice within 30 days of the due date, i.e. within 44 days of the date of the invoice, then GRABBIT MEDIA PVT LTD have the right to suspend all further works for that customer until such time as payment is made in full.
In the event that the Customer does not pay an email subscription invoice within 30 days of the due date, i.e. 44 days after the invoice date, then GRABBIT MEDIA PVT LTD reserve the right to turn off any email services until such time as the invoice is paid in full.
In the event that the Customer does not pay a hosting subscription invoice within 30 days of the due date, i.e. 44 days after the invoice date, then GRABBIT MEDIA PVT LTD reserve the right to turn off any website hosting until such time as the invoice is paid in full.
In the event that the customer becomes insolvent or goes in to liquidation GRABBIT MEDIA PVT LTD have the right to immediately terminate their contract with the Customer and invoice for the full value of project works carried out to that date, plus suspend any email or hosting services.
In the event that a customer “frustrates” the progress of a project contract with GRABBIT MEDIA PVT LTD then GRABBIT MEDIA PVT LTD will be entitled to give 14 days written notice to the customer of the contract being terminated. If the customer does not satisfactorily remedy the cause(s) of the frustration, within the 14 day notice period, then GRABBIT MEDIA PVT LTD will have the right to terminate the contract. GRABBIT MEDIA PVT LTD will invoice the Customer for the full value of works carried out to-date.