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 the company/person in contract with CSL OR person accessing this website, using Custom Software Lab services and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “CSL” “We” and “Us”, refers to our Company. “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 United States Law. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Assignment of project
Custom Software Lab reserves the right to assign subcontractors to this Project to insure that the terms of this agreement are met. Client agrees to the use of 3rd party or open source technologies or frameworks for this project by Custom Software Lab without prior written or verbal consent by Client.
Privacy statement
We are committed to protecting your privacy. Authorized employees within the Company on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. Parliament has created specific offenses for unauthorized actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible.
Confidentiality
We are registered under the Data Protection Act 1998 and as such, any information concerning the Client and their respective Client Records may be passed to third parties. However, Client records are regarded as confidential and therefore will not be divulged to any third party, other than our partner(s) / supplier(s) and if legally required to do so to the appropriate authorities. Clients have the right to request sight of, and copies of any and all Client Records we keep, on the provision that we are given reasonable notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Client’s with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.
We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.
Disclaimer exclusions and limitations
The information on this web site is provided on an “as is” basis. To the fullest extent permitted by law, this Company:
i. Excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and
ii. Excludes all liability for damages arising out of or in connection with your of our provided software/website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
This Company does not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.
Description of service
Custom Software Lab designs develops websites, web applications, software and mobile apps. Client understands that CSL’s services may include certain communications from Custom Software Lab such as advertisements, notices, service announcements and newsletters. Client is responsible for obtaining access to Custom Software Lab’s services that may involve 3rd party fees (including but not limited to, ISP, merchant accounts and gateways). Client is also responsible for all equipment and software necessary to access Custom Software Lab’s services.
Scope of work
Client understands that the website/software purchase and development includes a specific number of pages, features and/or functionality. The Client proposal and Project Specifications Document lists the specific features, functionality and number of pages purchased. The website/software only includes those items purchased. If the Client desires additional features, functionality or pages client may request a price quote to purchase as additional enhancements to the website. Additional work requested by the Client outside of the scope of work purchased may be charged at an hourly rate or as specific enhancements.
Our website / software project warranty
We believe that code just doesn’t break; it either works or it doesn’t. We provide the only industry lifetime warranty that gives you peace of mind in knowing you are covered if anything ever comes up. Our competition provides 30 to 90 day warranties in hopes you may miss something and will be another fee down the road.
Inclusions
Custom Software Lab’s warranties its own software code for life and will resolve any functional or technical software defects that are related to our own code. Our code includes html, scripting, javascript, jquery database that was developed by custom software lab. Any submitted defect also must be related to contracted project scope. The warranty provides assurance that the software will meet the functional specifications. This warranty covers for any bugs (programming errors) reported to Custom Software after go-live deployment. Any bugs reported within this time period will be fixed at no additional charge to the client. The period begins on the date the Client’s software is available to be published to the live environment. Priority maintenance and support agreements are separately available to client to ensure rapid response and level A support for all submitted requests, if applicable.
Limitations
Custom Software Lab does not warranty any issue caused due to server limitations or changes is not covered in the warranty. Any bugs related to 3rd party servers, operating systems 3rd party database integration, web browsers, 3rd party software (including open source cms and frameworks), 3rd party plug-ins are not cover under the warranty. If Custom Software Lab code, including any file, html, script, text or database is modified or new code/html/text is added, by Client or 3rd party, without prior written permission of Custom Software Lab, the warranty will be deemed null and void. The warranty is also nulled if any backup restore or rebuild of application is needed and done without express written consent of custom software lab. This warranty does not include fixes for issues related to new browser versions that were implemented after project start or older browser versions that are no longer supported by the manufacturer. Custom Software Lab is not responsible for ensuring all requested functionality by client is compatible with all supported browser versions and additional charges may apply to modify or resolve potential browser issues.
Exclusions
The right to warranty is forfeit if the web application, mobile app or custom software source code is accessed or modified by any third party company for any reason. This includes any changes that are directly make to any project file including but not limited to .html, .htm, .js, .php, .aspx, ,tpl, .sql, ,css, .xml, .txt, .jpg, or .png. The warranty will not be honored if any of the client payments are over-due or any monies have been charged back or rescinded.
