Terms of Customization Service by WorksForWeb 

v.1.3, rev. 3 June 2010

1. General

1.1. This document explains the terms of the Customization Service ((hereinafter “Service”) provided by WorksForWeb (hereinafter referred to as “we” or “WorksForWeb”) for you, the Client (further referred to as “you” or “Client”). In order to use the Service, you must first agree and acknowledge the Terms. Using the Service signifies your acceptance of the terms. In this case, you understand and agree that WorksForWeb will treat your payment for and use of the Service as acceptance of the Terms from that point onwards. WorksForWeb provides the Service under the conditions identified below. 

2.  Customization Requirements

2.1. Before the customization project starts, you agree to take part in formulating clear, detailed customization project requirements in conference with the Customization Manager designated for your project.

2.2. Such customization requirements serve as a basis for an assessment, a price quote and utilized as performance guidelines for WorksForWeb's customization experts. 

2.3. Upon the completion of requirement formalization, the final requirement list is written in English and should be approved in English as well.

3.  Assessment

3.1. Your customization requirements should contain all information including narrative description, pictures and illustrations, schematics, urls, etc.

3.2. After receiving your customization requirements, Customization Manager shall acknowledge the receipt of your customization requirements.

3.3. Upon the receipt of the customization requirements, Customization Manager provides a date when the quote should be ready. Usually WorksForWeb provides a quote within two working days from the receipt of the customization requirements. However, in case of large customizations or multiple projects pending assessment such time may be extended. Customization Manager will contact you in the event additional time is required.

3.4. During the assessment, WorksForWeb calculates cost estimates for individual functions and/or features, as well as for the entire project. Such project cost estimate includes all costs associated with the development, testing, draft delivery for evaluation, minor adjustments, and final delivery of the project.

3.5. In the event the proposed project is too big or complex, our Customization Manager may offer to split the project into two or more smaller projects. This will ensure that all deliveries are adequately tested and implemented.

3.6. In such instances, the subsequent project will only start after the final acceptance of the previous project. WorksForWeb can perform the assessment of the proposed project while the existing project is still in progress. 

4.  Quote and Payment

4.1. As a result of the assessment, WorksForWeb provides you with the quote. The quote shall contain at a minimum the following information:

4.1.1.Project number and reference to the original customization requirements;

4.1.2.Itemized cost estimates for each function and/or feature to be implemented (whenever possible) in US Dollars;

4.1.3.Total project cost in US Dollars, any discounts if available;

4.1.4.Payment conditions;

4.1.5. Information about the current position of your project in the customization project queue and estimated project commencement date if project is scheduled today.

4.1.6.Quote validity period;

4.1.7. Project Setup Cost. Project Setup Cost is a fixed fee charged on each project and it covers the following activities required for each project: snapshot generation, draft installation, final installation or merging with the existing website. If not specifically outlined, this fee is already included in the project total.

4.2. The current project position is determined based on the number of and the total duration of all confirmed and scheduled projects in the project queue.

4.3.The project is placed at the end of the queue only after the payment for it is received in full.

4.4. Upon the receipt of your payment, WorksForWeb shall request your server’s information to take your website’s snapshot (see Project Snapshots for info).

4.5. After the snapshot is successfully taken, we schedule your customization project for implementation and set its commencement date.

4.6.Once we have the commencement date, we will send it to you. 

5.  Payment Terms

5.1.All payments for any customization are final and non-refundable.

5.2.All payments for projects are made on a 100% prepayment basis.

5.3. You can order and pay for some or all items priced separately in the quote. Please specify what items you are paying for in the transaction comments area. 

6.  Project Snapshots

6.1.A website snapshot is a full copy of your website that we download and use for developing your customization.

6.2. After we have received your payment, we will need your server information to be sent to our Customization Dept so that we can take the snapshot.

6.3.We will inform you that the snapshot has been taken.

6.4.We will then schedule your project.

6.5. After your website’s snapshot has been taken, you will not be able to make changes to your live website because our customizations will override such changes when applied to your live website.

6.5.1. You CAN: can have your website users add/modify/activate/deactivate listings, register user accounts, accept payments for listings, etc.

6.5.2. You CANNOT: change scripts, templates, alter database structure, adjust or change application settings, change listings fields, user group profiles.

6.5.3. If in doubt, please consult your Customization Manager to ascertain that your modifications are not in conflict with the customization in progress.

6.5.4. Important: Please do NOT ask our Support Department to adjust the website at that time. Such support modifications can also conflict with the customization.

6.6.We will not be responsible for any loss of your modifications made after the snapshot has been taken.

6.7. In the event such loss occurred, we will charge a regular customization rate for the time required to attempt to restore your website’s lost functionality. We will also charge for work to merge our customization with your modifications, if required. Alternatively, we can send you a custom patch free of charge and you can merge the changes yourself.

6.8.Such remedial actions will be scheduled and treated as a separate regular project. 

7.  Testing and Delivery

7.1. By default, all customizations will be made for only the current theme for the default language at the moment when the snapshot is taken. Please specifically inform the Customization Manager for which additional theme(s) you would like to have the customizations included prior to the issue of the project quote. As an option, you can order the customizations to be included in other theme(s) at a later time as a separate project.

7.2. WorksForWeb will perform a draft delivery of the demo version of the customized application on a WorksForWeb server for the purpose of testing and quality evaluation by the customer.

7.3. After the customization is ready, you will receive access to the demo version of the customized software installed on WorksForWeb hosting for testing purposes in order to check the quality of the work done and report bugs/discrepancies.

7.4. You will also receive several days to complete the testing of the demo version. The customization manager will send you a deadline date, prior to which all your requests for enhancements and bugfixes will accepted. Make sure you do perform extensive testing and provide WorksForWeb with the bug report. If time given to you is not enough you can request more time. However, in the latter case the final delivery of your project may be delayed and your project may be moved to the end of the existing queue.

7.5. Any bugs/errors/omissions/defects in the demo version should be submitted to WorksForWeb in a form of the bug report. Each item in the bug report should contain a clear, detailed and specific description of the issue, including URL’s, error codes/messages, problem descriptions, etc.

7.6. If your bug report is not submitted within the prescribed time, your current project will be considered delivered and complete. Any subsequent bug fixes, improvements, etc. will be considered a new project and quoted/paid for separately. 

8.  Bug Fixes and Improvements

8.1. You are entitled to a free bug fix and code improvement period equal to one-half of the total amount quoted. WorksForWeb reserves the right to implement only those modifications and improvements that enhance the program functionality identified in the requirements.

8.2. Customization Manager will examine the requested enhancements and identify which of them are related to the customization and which are not. Only customization-related enhancements will be implemented.

8.3. Any other issue not expressly described or covered in the requirements (new functionality, additional features, substantial, and/or critical changes of the software functionality, changes described as “when I said this, I actually meant that”, etc.) will be made part of the new customization project.

8.4.Such new customization project will follow all the above steps independently from the current project. 

9.  Support and Updates

9.1. We provide limited support for customized applications. Our Support Dept will assist you with issues related to default product functionality only. There is no support for items that are not part of the default product setup and/or functionality. This means that if your problem or issue is related to the customization made to your website, we will be ready to provide support in a form of a separate new customization project that will be scheduled and paid for as the new project.

9.2. For upgrades to customized application, default functional upgrades are not always possible. We cannot ensure that the existing customized code will not conflict with the new products’ features/code. Therefore, we can perform the upgrade to a newer software version only as a customization project. Alternatively, for packages that are eligible for upgrades, we will provide you with a default upgrade patch so that you can carry out the upgrade at your own risk free of charge. 

10.  Availability, Refunds and Returns

10.1. We cannot guarantee the availability of customization services. We make no warranties, either express or implied, that your project will be accepted for customization. Customization services are provided on the "as available" basis, and the project implementation timeline depends on current product development activities and/or other customization projects, if any.

10.2. You specifically acknowledge and agree that WorksForWeb provides NO REFUNDS nor RETURNS of any kind, either partial or full, for any work associated with any customization service or project. 

11. Changes to the Terms and Acceptance

11.1. WorksForWeb may from time to time make changes to the current Terms of Service. Please make sure you visit this page and read or re-read hereby Terms of Service before placing the order to ensure you are aware of any changes/modifications, if any.

11.2.Your use of the customization services signifies your acceptance of all the terms of customization service.