Legal Policy

Terms and conditions

Overview:

At Qualbex Technology we pride ourselves in doing our best to meet defined goals and objectives to fulfill your needs in relation to our products and services which is why Qualbex is sort for quality, beautiful, expert design and advancement in technology however, it is necessary to ensure that a few simple things are outlined on paper should any unforeseen questions or issues arise. We offer two methods for software development which are the: Web Plans (Website Package) which is ranging from hosting to a combination of hosting and limited custom software design/development, limited online storage, various bandwidth various and custom functions. All of which must be hosting on our servers also the software used in the plans option are considered as a licence for use within a period for only what the software is built to do and if a client not able to pay the full fee for purchasing the software. Next is the Software for purchase option which is the must advance option for software development which comes with a greater custom software design/development perfect for any business or company issues that needs to be resolved that ranging from a desktop application to web base application for purchase.

What Do Both Parties Agree To Do?

As our client, you have the power to enter into this contract on behalf of your company or organization. You agree to provide us with everything necessary to complete the project including logo, text, images, link(s) to social media, hosting credentials and any other information we request as we need it, and in the format we require. We wish to avoid any delays. Deadlines work both ways and you as well will be bound by any dates/timelines that we set forth. You also agree to adhere to the payment schedule outlined in this agreement. We have the experience and ability to perform the requested services and will carry out our work in a professional and timely manner. We cannot be held responsible for a missed system launch date or deadline if you’ve not provided all content and/or revisions on time and you and us shall be bound to each section and part of this contract.

Software Development Process:

In order for a client’s software to be develop we may require a fee to be paid for any work to commence also the clients will be notify on the stages in the development process whether by meetings, over the internet or telecommunication channels. In order for the system to be handed over to the client, payment must be made in full. Once the development process of the system or module has been completed, we shall handed over the system along with any documentation agree on for the system such as user manual and carry out training on how to use the system or modules provided that all that had be outline in the contract had been met however, a demonstration of the system can be shown before completion and if any correction is to made it shall be made before the system is handed over to the client.
For website plan we reserve the right and ownership of the source code but a client reserve the right to use the develop software until the end of each month on our servers for the purpose of what the software was develop to do only so as long as a client pays each monthly fee and the source code is non-transferable. If a client wish to own the source code the client should pay a fee for such and lose any features associated with such software/package and only the source code will be sold.

Initial Payment:

This payment maybe required to start any work and cannot be less than 50% of the estimate cost.

Error Review (software for purchase):

We provide you with a 30 day window from the date of hand over for error review. It is the responsibility of the client to review their software during this time and point out any errors to be corrected. Any error that you find after this period will incur a charge to fix per error.

Hand over/migration:

This when we deliver a product or service to a client/customer. Once we have completed the project deliverables, we require full payment of the project’s remaining balance before the software is handed over.
For the website plan we may develop a demo system for a client to view but payment must made be in accordance with any payment agreement we set for the software to become active also once we hand over the system or active it no further development will apply unless the client wishes pay a fee for any new feature required and is considered as a completely new system.

Domain Name:

This require a fee yearly and is not included in the software for purchase option. Failure to renew it can result in the permanent loss of that domain name. For domains that are considered as premium, the client must pay the yearly fee. For the website plan option the domain is free yearly so long as a client pays the monthly fee on the day payment is to be made. If fail to renew, it shall be subjected to be available to anyone for use and may not be available for use or may require recovery fee. If a new domain is required a fee will be charge.

Hardware and software requirements (software for purchase):

For the software for purchase option any hardware and/or software required to make the newly design/developed system operate the client is responsible to acquire any of such. We are only responsible to provide the developed software or module.

A client losing or misplace the developed software file (software for purchase):

A client may receive a copy of the developed system or module for free if the client had paid in full for that software anytime within a period of one year with no additional cost but shall pay a fee up to $100,000jmd if the client request re-configuration.

TimeLine:

This is the time agreed on for the design/development of a system and the client will be notify on the system completion. The timeline can be affected and require extension and given extension with an agreement with the client. If the client request changes to the initial statement of work an extension of time can also be granted when a client agrees with us on the extended time line at any time within the project.

Software development change request:

A request for change in the development/design can only occur before the system has been completed or handed over to the client and may affect the cost of the system or time line. Any request for change to a system or module or addition that is not made before the system become completed or handed over shall be treated as a completely new system or modules.

Browser Functionality:

All of our websites are tested for functionality on current Chrome, Firefox internet browsers. We do not guarantee that your website will look exactly the same on every screen, and may appear differently due to varying screen resolutions and aspect ratios.

Allowances:

You're responsible for the cost of any outside paid asset. This is included but not limited to hosting, domains, database, SSL certificates, third party plugins, stock images, and premium fonts. In addition, we cannot be held liable for the functionality of third party plugin, service or software recommended or otherwise.

Exclusive Design Credit:

We’re proud of our work and reserve the right to apply the text with our name on your system. If you wish to remove the credit, a fee applies. The removal of our name does not mean surrendering our design/development credit to any other party. Without our expressed consent, you agree that the name will be visibly displayed on your system acknowledging design credit.

Payment Schedule:

This agreement is non-transferable. The initial deposit does not constitute a credit, and therefore cannot be used toward our other services. You are accountable for the full balance of your contract whether you decide to complete a system or not.

Launch Date:

Upon complication of a system or software, the system or software shall be launch or made activate on the 18th of any month and if the 18th had pass within a given timeline it shall be subjective to be launch on the 18th of the following month.

Payment Plan:

The payment plan is an extension of this contract and any payment deadline set in the payment plan shall over rule any initial payment date and time set in this contract.

Third Party Account Creation:

We may create any third party account and/or configure it on a client behalf but the client must remove any email etc. we use to do so, within 2 days’ time if fail to do so we reserve the right remove our email etc. From the account and any lost face we shall not be held liable. For any account to be created it is the client responsible to verify any account information for the account to be usable where apply, failure to do we shall not be held liable for any issues resulting of such.

Special services for business:

These are SSL, SEO, Ads, Email address, graphic design, online database, security that is related to a system need or business need that we may offered. In addition, we cannot be held liable for the actions of any third party we recommended or otherwise.

Termination, Cancellation, Suspension:

We shall reserve the right to terminate, cancel any work for a client at any time without giving any reason for such and return any fee paid in full if this occur once a payment was made and if a system was not handed over to the client. A client can request to terminate or cancel a project, any work at any time via meetings, text, calls with keeping to the refund section. Special feature, special services, hosting, products and services can be terminated, cancelled , suspended at the end of its period, if not renewed without any warning or by a customer request and will not be included on the next bill with keeping to the refund policy. We also reserved the right terminate any work that is in conflict with the law of the land and provide no refund.

Hosting and database operation:

Hosting and online database can be done with us on one or more of our servers that can be a shared service resource but will require a separate monthly fee for each and we reserve the right to refuse to offer this service for the software for purchase option. For the software for purchase option any information that is required for hosting and/or database configuration should be given within a period of 30 days of notice for the system to be completed on schedule. If that information is not provided, any issue that is arise from such we shall not be held accountable. Request for extensions of time to provide such, shall be either in written, text, email or call medium. Hosting and database are not included in the software for purchase option which is a separate features and shall require a fee monthly.

Change to terms and condition:

We reserve the right to make changes to this contract, our term and condition or agreement at any time. We will provide you thirty (30) days prior notice.

Security and storage:

We do a lot to keep your data safe and believe we have a strong defense in place, no one can ever guarantee that hackers won’t be able to break into sites or steal your data while it is stored or flowing from you to us or your customers or vice versa. We cannot grantee an overall success in security and storage. If a security or storage issue occur while using the web plan option we will make improvements and attempt to correct any such issue. In event of data lost we will provide the data back to the client from the last back up made, this do not necessarily includes files that are not stored within the database itself and for storage it is limited the storage limit provide. Data stored maybe accesible within a period from one to five years and its the client responsibility to resquest this data or download it where applicable to be archive data somewhere else. Failure to archive this data, we will shall not be held accountable.

The Web Plan section

This is ranging from hosting to a combination of hosting and a very small amount of custom software design/development, limited online storage, various bandwidth for small blogs, personal websites to basic online store with limited functions, to which must be hosting on our servers and is completely separate the contractual service. The terms are as followed:

• Up time:

  This is the time available to see a website online within a given period either within defined month or define year. A website can be seen online anywhere up a 100% of the time however, this can be affected by unforeseen issues which cause downtime such as natural disasters (uncommon for us), server maintenance and etc. This period of downtime will not be refunded.

• Maintenance:

  The maintenance of a system is only for certain website hosted by us on our servers that we see fit to receive this benefit and do not include the development of any new feature, system or software, maintaining hardware not own by us that maybe required by our client and updating a client database (we may update the database were possible). This maintenance is only for changes that a client may require on their website such as changing display information on a website such as words, images, video and audio any information that a client cannot change on their own due to the fact its embedded in the source code and can be done at next available time usual within seven 7 days of request generally (within 24 hours). The maintenance also includes fixing development issues, back up and restore of data due to security issues or unforeseen issues and not necessarily files storage outside of the database. The maintenance also inculdes making improvements on the websites without creating a new module or website with or without a clients knowledge.

• Failure to renew the Web Plans:

  Failure to renew a Web Plan or any special features on a due date, will lead to a suspension or terminated of such product, service or feature and maybe without any warning (we generally warn). At the end of one month any product or service or feature that is not paid for will be subjected to termination, cancellation or deletion. In the case of a domain name, it shall be subjected to be available to anyone for use if fail to renew within the next year on the day, in the name month of first payment and may not be available for the previous owner or may require recovery fee.
  Data store such as website files and data within a database or on a server file system but not limited to such can be deleted after the end of the month payment is due or after the date payment is due.

• Upgrading a Web Plan:

  After purchase of a lower ranking Web Plan, it can be upgraded to a higher ranking Web Plan and shall be made by a request via meeting, text, email, call. Upgrading can be selected on a client behalf and will require a full payment for the next Web Plan in line, even if the previous plan had been just paid for or if the plan was not expired. The previous Web Plan well not be refundable and no new domain will apply.

• Downgrading a Web Plan:

  This is a special request, and should be done by call, meeting, text, email. Downgrading well result in losing addition features that comes with any upgraded plan and will be subjected to be set to default. Once the upgraded plan become downgraded it is none refundable. Special feature will remain expect for those special features that are associated with the upgraded plan and no new domain will apply.

• Transfer of domain:

  This may require a fee to be paid before any domain can transfer and may be transferred within 1 month. In order for a domain name to be transfer it must to one of our possible transfer list. It the client responsibility to make a request to us provide this list check for such.

• Last and early payment Fee:

  A late payment fee can be charge if you the client or customer don't pay the bill on the due date. An early payment fee is the fee that is deducted from a bill as a discount percentage for paying on time before the due date and is not applicable if the customer has receive a discount on that service that is billed.

• Reactivation and Recovery Fee:

  This is the fee charge due to the suspension or termination of your access to a service, which requires a reactivation of such access by us. This charge is also for the reconfiguration of settings your service and restore any data such as website files and data within a database that was last saved if not already deleted due to a service termination.

• Special feature on a Web Plan:

  These may require a payment made before use and may be add to customer next bill. In addition, we cannot be held liable for the actions of any third party we recommended or otherwise used by the client.

• Advertisement on a Web Plan:

  This is an advertisement that maybe included within a Plan for only the highest ranking package or plan which allows advertisement on lower ranking websites for their visitors to view anywhere up to a month period also the client should provide one (1) graphical ad in the manner we require. Lower ranking websites consent to having this advertisement run on their website.

Qualbex Payment Processing System (QPPS)

Our payment processing system allows us to accept payment on the behalf of a merchant and make disbursement of such payment to the client using our API and third party such as a bank. In an effort to manage our risk, we may monitor your transactions and processing activity for high-risk practices or for fraudulent transactions.

• Merchant Customer:

  As a customer for a merchant all disputes should be directed and handle by the merchant. We shall reimburse to merchant customer if the payment is not in the process of transfer to the merchant.
  Any fee applied on a purchase is required to be paid and is none refundable.

• Information Collected:

  The data that we collect are customer and transaction data. Information such as a customer name, phone, country, email address, item purchase and government-issued identification.

• How long we keep your infomation:

  The data we collect will be kept anywhere in a period of up to two years even after you deactivate or delete your account.

• Processing Fee:

  There is a standard processing fee of 5 to 15% on the total purchase value for payment to a merchant and a transaction fee to those who making a payment to a merchant.

• Liabilities:

  You are solely liable for any errors you make while using any of our services this inculdes entering wrong amount, purchase of wrong item, make a payment to the wrong account, change your mind about making a payment after making a payment, but not limited to this.
  You are responsible for all fees, fines, penalties, and other liabilities incurred using our services or third party. You agree to reimburse us or any applicable third party for any and all such liability. We do not have any control of, or liability for, the products or services that are paid for.

• Merchant:

  You are responsible for all fees, fines, penalties, and other liabilities incurred using our services or third party. You agree to reimburse us or pay any fee applicable to you. You agree to be solely liable to any fees, fines, penalties, and other liabilities incurred which includes being responsible to make a refund payment to your customers, delivery of products or services that are paid for, but not limited to this.

• Payment to merchant:

  You agree to allow us to accept a payment on the behalf of you the merchant and to be paid out to you after all deductions are completed. The merchant agrees to pay any fee required for use of this service which includes processing, handing and currency conversion rate updates and any other applicable fees in order to receive their payment. We are only responsible for providing you with the total money earn after all deductions have been made. Payment to merchant can take place in online through the use of bank a transfer or a payment transfer medium and may be in person. You agree to outstanding payments to be hold or collected in full or as percentage. Disbursement of payment can take place within 1 to 72 hours or more depending on ability of funds and bank transfer periods. If a disbursement had been done and the client had not receive the payment it is now the banking institution responsibility to disburse the payment to the client’s bank account and we are only responsible to contact to the bank in other for the bank to provide an update on the disburse transaction. It’s important to make note that some banks may take a longer time period to receive a disbursement.
  In the event of any unlawful use such as the sale and purchase of illegal items but not limited to such you agree to have us hold any money for such item and not disburse any payment for this illegal product or service. We also reserve the right to terminate or suspense the use of our service without warning or cancel any transaction of illegal natural. You hereby authorise us to collect the transaction amount from your account with us, for the purchaser.

Refund Policy:

Refund shall be granted with keeping to our terms of termination, cancellation, and suspension and refund policy along with the sections relating to refunds in this contract. A refund can be paid in full if we terminate or cancel a software project if a client had made an initial payment and only that which was paid shall be refund in full if the project, system or module was also not handed over to the client. A refund can be paid in full if the client had made any payment and the handed over was not done along with a request in the form of a call, email, text message or meeting before 24 hours of a payment. If a refund is required on a system or project after the 24 hours of making a payment then the client shall be subjected to pay 50% of the fee paid for any work that had commence. After 30 days of making a payment there will be no refund.
For product and service that are based on a plan, for downgrading a plan the refunds for such is only granted in full if we fail to deliver within 7 days of the client's request. The plans that last for 1 year a refund will be granted in full if a request is made within one 28 days of the payment. A refund on a plan in full is only granted if a request is made within 7 days after the date of payment.
For government fees, transactional fee and service fee they are non-refundable.

Privacy:

The information that we may collect and store from are data such as name, email, age, gender, occupation, business name, contact, country, ID, address, city, date of birth and which product and services had been purchase.
We may make a request to collect only information relevant to the development of a system or project such as a serve name or IP address, server password, server user name or database name, etc. and this information is only to be use for the project, the system or modules for the client’s benefit and will not be stored however, we recommended that or clients make the changes on their own where possible to avoid this collection of data if possible, depending on the project, system or module to be created or had been created . All user information collected by us well be confidential but in the event were a law body require the stored information such information on a client maybe pass to such.
In the unlikely event of data being proven to be shared without your consent or stolen we will not held liable.

Exclusion and limitation clause:

We will do everything possible to build you a system that has quality and amazing design but we accept no liability for your sales, revenue, expense and/or the success of your newly develop system or any product or service use in relation directly, indirectly, or consequentially. We will not be subjected to any legal action due to any miss use or abusive contents of a software, product or service that a client may require us to create on their behalf or any damages, loss, expenses, third party software issues, harm, false or fail actions resulting from our clients. We are only limited to the total amount our clients paid for a product or service with keeping to our terms of termination, cancellation, suspension and refund policy.

Notice:

This contract is a legally binding document. The hire us solution (software for purchase) cannot be renewed. If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts of it remain in place. By using our products and services, you signify that you agree to be bound by all terms and condition.
By using our products and services, you signify that you agree to be bound by all terms and condition stated here or other documents we provide you with.