Term Of Service
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 Software Lighthouse 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
Software Lighthouse 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 Software Lighthouse without prior written or verbal consent by Client.
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
Software Lighthouse designs develops websites, web applications, software and mobile apps. Client understands that CSL’s services may include certain communications from Software Lighthouse such as advertisements, notices, service announcements and newsletters. Client is responsible for obtaining access to Software Lighthouse’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 Software Lighthouse’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
Software Lighthouse’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 Software Lighthouse. 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
Software Lighthouse 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 Software Lighthouse 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 Software Lighthouse, 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 Software Lighthouse. 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. Software Lighthouse 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.
ELECTRONIC DELIVERY POLICY
Software Lighthouse is a web application and software development business and communicates with its Clients electronically. When Client accepts this TOS Client consents to receive electronically from Software Lighthouse any notices, agreements, disclosures, or other communications (Notices). Client agrees that Software Lighthouse may send electronic Notices in either of the following ways 1) To the email address provided to Software Lighthouse at the time of sale or 2) to the new email address account Client set up through Software Lighthouse. Client agrees to check the designated email addresses regularly for Notices. Notice from Software Lighthouse is effective when sent by Software Lighthouse, regardless of whether the Notice is read or received by Client.
CALL MONITORING AND RECORDING PRIVACY STATEMENT
As part of Software Lighthouse’s commitment to providing the best possible service Software Lighthouse may monitor and record phone calls answered by Software Lighthouse and made by Software Lighthouse. Software Lighthouse may also archive recorded voice mail messages. Software Lighthouse records calls for training purposes, to improve customer service, and to ensure an accurate record of Client calls, which may be needed to support transactions that take place over the phone. This allows Software Lighthouse to identify how Software Lighthouse can better serve its customers.
SOFTWARE PROJECT DEVELOPMENT PROCEDURE
With help and input from the Client, Software Lighthouse will develop the contracted scope of the software project. Before work may begin on a project, the Client must sign the project acceptance agreement and electronically accept these Terms of Service. Client may submit their design survey to Software Lighthouse through Software Lighthouse’s online design survey application. In submitting the survey, links to sample sites the Client likes are for general information purposes only and assist Software Lighthouse with the design of the Client’s custom website or software. The functionality and detail of the sample sites will not be duplicated unless such functionality and detail are specifically included and itemized in Software Lighthouse’s proposal and Project Specifications Summaries and do not infringe upon the intellectual property rights of others. Software Lighthouse will not be held liable for accuracy of information, typos, or spelling errors in any of the content approved by the Client and published on the website. Client will be notified by email when the website is live.
COMPLETION TIMEFRAMES
Client understands, agrees and acknowledges that Software Lighthouse does not guarantee a time frame for completion of ANY website or software project. This is in part because it is difficult to complete a project without design and functionality approvals and participation from the Client. In addition, if the Client continues to submit additional content throughout the development process, or requests additional modifications to the project, the completion time frame is increased. Other factors that may influence the completion date of a project include, but are not limited to, complexity of Client’s project(s), availability of Software Lighthouse personnel, accounting status of Client’s account, etc. If Client does not respond to Software Lighthouse communications and, as a result, Software Lighthouse is not able to start or complete the website/software project, Client is still responsible for all fees incurred including, but not limited to, design purchase price, set-up fees, enhancements purchased and monthly hosting charges that begin accruing from date of sale. If Client’s website/software requires custom programming, functionality, flash, e-commerce or the use of a database, the overall development time will be extended.
EXPEDITED SERVICES
While Software Lighthouse does not guarantee a time frame for the completion of any custom website or software project, it may offer an optional expedited service to Client for a fee. Expedited service is not available for all accounts and all requests for expedited service must be approved by Software Lighthouse at its sole discretion. Client understands and agrees that Client’s use of expedited service does not guarantee that Client’s website / software including its corresponding design, enhancements, databases, e-commerce stores, flash, etc, will be completed more quickly than they would be without the use of the expedited service. The expedited service fee only ensures that Software Lighthouse will make reasonable efforts to more quickly assign designers and programmers to the account in an effort to facilitate development than would be the case under the ordinary developmental process. The successful use of expedited service is contingent upon Client’s timely acceptance of the Terms of Service, payment of any and all fees due, submission of content through the online web center and acceptance of any project specification documents prepared by Software Lighthouse and Client’s timely cooperation with Software Lighthouse in any solicitation for information related to the website / software’s development. If expedited service is offered to Client by Software Lighthouse, Client may be presented with an estimated date of completion. Client understands and agrees that such estimated dates of completion are estimates only and may apply only to one particular element of the project, i.e. database, flash, e-commerce, design, programming and not necessarily to multiple elements of the website or to the website collectively. Under no circumstances will Software Lighthouse guarantee the respective portion or portions of the website / software subject to the estimated date of completion to be completed sooner than the estimated date of completion. Should circumstances arise that make it impossible to complete the portion or portions of the website / software that are subject to the estimated date of completion by the estimated date of completion, including but not limited to Client failure to provide Software Lighthouse with requested information in a timely manner, Software Lighthouse reserves the right to change the estimated date of completion accordingly or to cancel the expedited services and refund a portion of the expedited service fee to Client. In no case shall the portion of the expedited service fee to be refunded be greater than fifty percent (50%) of the expedited service fee. Regardless of whether work is completed by the estimated date of completion, Client remains liable to Software Lighthouse for any and all other charges related to the website / software’s development.
SCOPE CHANGE REQUESTS BEFORE AND AFTER WEBSITE / SOFTWARE GOES LIVE
Software Lighthouse agrees to build a website / software to specifications quoted per the original proposal and original project specification document. Any additions or changes requested outside of the scope of the original sale, either prior to the custom website going live, or after the site has gone live, will be billed at Software Lighthouse’s standard hourly rate. Software Lighthouse is not obligated to complete Client requests or changes outside of the scope of work on the original proposal. If Software Lighthouse does not agree to Client requests or changes, Client is still obligated to pay all fees incurred and due.
COPYRIGHT NOTICE
Copyright and other relevant intellectual property rights exists on all text relating to the Company’s services and the full content of this website.
FORCE MAJEURE
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavors to comply with the terms and conditions of any
WAIVER
Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.
GENERAL
The laws of the State of Oklahoma govern these terms and conditions. By accessing this website you consent to these terms and conditions and to the exclusive jurisdiction of the Oklahoma County, Oklahoma courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorized representatives of the Company.
NOTIFICATION OF CHANGES
The Company 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.