terms of use | Wilsoft

Definitions

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We” and “Us”, refers to our Company, Wilsoft. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing Zimbabwe Law. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Notice
This page may be referenced in any contract you sign or any correspondence between Wilsoft Zimbabwe and you, the client.Wilsoft Contracts will require you to have read and agreed to Wilsoft’s working Terms and Conditions. This page and any information contained herein are the respective Terms and Conditions referred to. Correspondence in this regard shall be retained to show that the client has read and agrees to our terms and condition.Any payments made to Wilsoft Zimbabwe imply implicitly that you agree to these and any other additional terms stated to you, the client..

Project Material Consideration

Wilsoft Zimbabwe reserves the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial or any material if we are unable to supply to the clients specifications/needs.

Quotations and Contracts

Quotes provided to prospects will be honoured for 7 days. A quotation is only binding once payment has been received by Wilsoft Zimbabwe, A new quote will then be provided upon request after the current 7 day period has expired

Charges, Fees, Refunds.

An initial deposit of 50% or the stated amount in any Invoice or Quotation is due at contract signing. The remaining balance will be due upon the completion of the web development project before it is released to the client or published to the internet.Payment of the remaining balance implies implicitly that the contracted service(s) has/have been successfully completed.
Any and all future changes shall be billed unless otherwise included in your contract/invoice (i.e maintenance) A request to terminate services must be presented to Wilsoft in writing via post or electronic mail.Should the client wish to cancel the order after contract signing and or receipt of initial desposit, Wilsoft does not offer a refund of any kind on any money paid. All designs, materials or services obtained up to this point in order to meet the project requirements shall remain the property of Wilsoft Zimbabwe.

Web Site Design Credit

All Wilsoft Design and Web Development clients will have a “Designed by Wilsoft” link on their website in the footer of every page.Custom application development may have a “Powered by Wilsoft” link.This is non-negotiable. By hiring us to work on your website you are agreeing to this, and that you understand that this link may NOT be removed without our consent. You may pay Wilsoft a fee of $200 to have this link permanently removed. Should this link be removed, Wilsoft Zimbabwe reserves the right to suspend your website (or to request that your account be suspended from your Hosting Service provider pending the resolution of this issue)Should you have a new layout designed for your site by a company other than Wilsoft, you may remove the credit from your website.

Development & Delivery

Wilsoft shall provide the client with an estimate/approximate project duration before project commencement. We shall endeavour to complete the project in the stated time frame, but shall not be held liable for exceeding this approximation for any reason.Wilsoft understands the importance of completing projects in a timely manner. We agree to complete the web design project within a maximum of 30 days from the date of contract signing.If the client does not supply Wilsoft with complete text, graphic content and other requested materials for the contracted project within 15 days of contract signing, the contract becomes void and all deposits paid by the client are forfeited. The client may request a Project Extension in writing to Wilsoft for an additional fee of 20% of the project total cost for every 10 days of extension. All extension fees are due upon agreement of the extension between Wilsoft and the client

Custom Development and Plugin Ownership
1. Ownership of Custom Code
All custom development work, including but not limited to WordPress plugins, themes, or other code, created by [Your Company Name] for clients or for internal use, shall remain the intellectual property of [Your Company Name], unless otherwise agreed upon in a separate written agreement.

2. Client Use of Custom Development
Clients who commission custom development, including plugins, from [Your Company Name] are granted a non-exclusive, non-transferable license to use the delivered code for the intended purpose(s) outlined during the project’s scope of work. The code may not be resold, distributed, or shared without express written permission from [Your Company Name].

3. Ownership of Pre-Existing Code
Any pre-existing code, including plugins, scripts, or other materials that were developed prior to the commencement of custom development and included in the final deliverable, shall remain the property of [Your Company Name]. This includes code developed independently by [Your Company Name] or licensed from third parties.

4. License for Use and Distribution of Plugins
Where a plugin developed by WordPress is intended for public release (e.g., through the WordPress plugin repository), Wilsoft retains all rights to the code unless explicitly transferred in writing. Clients or third parties may not claim ownership or redistribute the plugin in any form unless a separate agreement is executed.

5. Warranty of Ownership
Wilsoft warrants that all custom-developed code, including plugins, provided to clients does not infringe on the intellectual property rights of any third party. Should any legal claims arise regarding the ownership or originality of the code, Wilsoft shall bear full responsibility for resolving such claims.

6. Third-Party Contributions
In the event that third-party developers or contractors contribute to the development of custom code or plugins,Wilsoft ensures that appropriate agreements are in place to assign all intellectual property rights to Wilsoft, ensuring the client’s legal right to use the code.

7. Modifications and Future Development
Clients are free to modify or extend the custom code or plugins for their own use, but such modifications do not transfer ownership of the original code. Additionally, [Your Company Name] is not responsible for any issues or liabilities arising from modifications made by third parties or the client.

8. Domain and Plugin Association
Any plugins developed by Wilsoft and associated with specific domains are considered the property of Wilsoft, and public documentation reflecting such ownership is maintained. Use of the plugin across multiple domains may require additional licensing agreements, and the client agrees not to misrepresent ownership of the plugin or its associated intellectual property.

Liability

Services purchased from Wilsoft are provided “as is” without warranty of any kind that the web design project will be uninterrupted or error free. In no event shall Wilsoft be liable to the client for any direct, indirect, special, punitive, incidental, or consequential damages arising out of the use of the website, services, and/or goods provided to the client. This includes, without limitation, lost profits, business interruption, loss of data or other losses directly resulting from the use of the website, services, and/or goods provided to the client. The entire risk as to the quality and performance of the web design is with the client.

Acceptance/ Notification of Changes

Wilsoft reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site. If there are any changes in how we use our site customers’ Personally Identifiable Information, notification by e-mail or postal mail will be made to those affected by this change. Any changes to our privacy policy will be posted on our web site 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis.These terms and conditions form part of the Agreement between the Client and ourselves. Your accessing of this website and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.