This Agreement is made and effective on the date of registration BETWEEN e-Business Developers (“Developer”) AND The Registrant (“Customer”)
1. BACKGROUND INFORMATION
A. The Developer is in the business of development & hosting with experience in the industry.
B. The Customer wishes to have services offered as per the registration form.
NOW THEREFORE the parties agree to the following:
2. SERVICES TO BE OFFERED
2.1 Engagement of Developer
Customer hereby engages the services of the Developer as per the details of the selected package.
2.2 Delivery Responsibilities of the Customer
The Customer will deliver all the content required. The content described shall include (but is not limited to) textual materials, logos, photographs, sound files, and databases.
2.3 Stages of Completion
The Developer shall use reasonable efforts to meet the completion schedules. However, the Customer acknowledges and agrees that any changes or deviations in the specifications, site plan, mockups, graphics, or any other elements, and delays in fulfilling the Customer’s responsibilities will lead to delays in the schedule.
3. COMPENSATION FOR DEVELOPER SERVICES
The Customer will pay Developer a non-refundable net fee as per the package pricing.
4. DEVELOPER PUBLICITY
4.1 Listing as Developer’s Customer
Following completion and final acceptance by Customer, Developer shall be permitted to list Customer and Customer’s website and system on the Developer’s website and in any of its marketing and advertising related to products and services offered.
4.2 Developer Credit On Customer’s Website
Following completion and final acceptance by the Customer, the Customer shall maintain a credit to the Developer in the footer of the website & system as having been developed by the Developer. The credit will be in form of a hypertext link to the Developer’s Website.
Any notices or written communication required by, or contemplated under the terms of this Agreement shall be in writing and deemed to be delivered if transmitted via email to agreed addresses.
Except as specifically provided in this Agreement, the parties agree that any dispute or controversy arising out of, relating to, or in connection with the interpretation, validity, construction, performance, breach, or termination of this Agreement will be submitted to binding arbitration to be held in Kigali. The decision of the arbitrator shall be final, conclusive, and binding on the parties.
7. ENTIRE AGREEMENT
This Agreement contains the entire agreement and understanding of the parties, supersedes, and replaces all prior discussions, agreements, proposals, and understandings, whether orally or in writing, between the parties related to the subject matter of this Agreement. This Agreement may be changed, modified, or amended only in a written agreement that is duly executed by authorized representatives of the parties.
8. FORCE MAJEURE
Neither Party shall be deemed in default of this Agreement to the extent that performance of its obligations or attempts to cure any breach is delayed, restricted, or prevented by reason of any act of God, fire, natural disaster, power or supplies, or any other act or condition beyond the reasonable control of the party.
9. PARTIAL INVALIDITY
If any provision of this Agreement is held to be void, invalid, or inoperative, the remaining provisions of this Agreement will not be affected and shall continue in effect; the invalid provision shall be deemed modified to the least degree necessary.
The section headings contained in this Agreement are for reference purposes only and shall not in any way affect the meaning or interpretation of this Agreement.