INTERNET CONTENT/SERVICE TERMS OF REFERENCE

AS PROVIDED BY DATAPLUS TECHNOLOGIES LIMITED [later referred to as Dataplus]

DESCRIPTION OF SERVICE
1. Dataplus undertakes to provide the client with website development and hosting value- added services.
2. The provision of the services by the company is subject to the terms and conditions set out in this schedule.

DURATION OF CONTRACT
1. The project will commence upon Dataplus receipt of first installment.
2. Completion of the website development shall be within 2 months from commencement date.
3. Any delay arising as a result of the client’s failure to supply text, company logo, photos or graphic images and all other items required will not by any means extend the completion date. If the client persistently defaults after 2 months of completion date, the contract shall be deemed void and no refund shall apply.

CHARGES AND PAYMENTS
1. An initial payment representing the first installment shall be 70% of the hosting fee and shall be payable to Dataplus unless any other payment method is agreed upon in writing by both parties.
2. The second installment being the 30% remainder shall be payable at completion before delivery. Client may be given limited access to view.
3. Delayed completion as a result of the client’s refusal to supply either word of text, company logo, photos or graphic images and all other items required, will attract extra charges and our services shall resume when payment is received.
4. Checks, money orders, and wire transfers must be made out to Dataplus only.
5. Request for alteration or addition to the website design after project sign off shall attract an hourly rate billing.

NON PAYMENT
1. Default by the client to remit payment to Dataplus by the invoice due date is cause for removal of the client’s website files from our hosting server without prior notification and Dataplus shall not be held liable for such removal or disconnection.
2. Dataplus reserves the right to place website in “under construction’ label or limit the number of web pages that can be browsed on the website after 30 days of default.

CONTRACT RENEWAL
1. This agreement will automatically renew for another 1 year term unless canceled in writing by the client at least 30 days prior to the end of term renewal date. Renewal prices are subject to change.
2. Cancellation by the client must be in writing with 30 days notice.
3. Upon cancellation after payment of hosting fees, client will not be entitled to a refund.

REFUND POLICY
1. Client shall not be entitled to any refund should this agreement be terminated due to a violation of this agreement.

TERMINATION
1. Dataplus reserves the right to terminate this agreement and stop acting for the company if the client does not comply with this agreement.
2. If Dataplus forms an opinion on reasonable grounds that mutual confidence and trust does not exist between both parties.
3. If Dataplus believes on reasonable grounds that continuing to act for the company may breech the professional conduct rules or violate any government regulation.
4. Transfer of hosting service from Dataplus to the client will attract transfer and severance fee.

WARRANTY
1. Artwork, clipart, graphics and text provided by Dataplus are with proper permission and will not infringe upon any statutory copyright.
2. Dataplus will indemnify the client and hold the client harmless from any and all claims arising there from.
3. The client shall assume all the legal rights and responsibilities of obtaining any materials that it supplies to Dataplus for its web pages.
3. The client will indemnify and hold harmless Dataplus from any and all claims arising there from.

FORCE MAJEURE
1. The company shall not be liable for non-performance under this agreement to the extent to which the non-performance is caused by events or conditions beyond the control of the company, provided that the company makes all reasonable efforts to perform.

ADVERTISING
1. Dataplus shall have the right to add the client’s website or web pages to its link section on the
Dataplus websites and to show any or all parts of the client’s website in its portfolio.
2. Dataplus reserves the right to place an icon and link that will redirect all visitors back to the Dataplus website, on all web pages and websites that it creates and maintains for the client.
3. The client shall also have the right to print the website and use its likeness in any print, video, software or multimedia marketing, provided that the client does not make any changes or modifications to Dataplus work.

NON DISCLOSURE AND CONFIDENTIALITY
1. The client shall have all its information obtained by Dataplus, held in the strictest confidence.

EMPLOYEES
1. The parties agree that during the duration of this contract, neither party shall solicit the employment of any employee of the other party.

COMMUNICATION
1. Due to the nature of our services, all communication should be via email which is our official channel of communication. Any other form of communication may not receive prompt attention.
2. Client should ensure that they are equipped to send and receive emails. Dataplus would at all times do its best to ensure prompt and immediate response to all communications.

GENERAL

1. In the event that any provision of this agreement conflicts with any statute, ruling or order of any governmental or regulatory body from time to time, then such provision of this agreement shall be controlled by the statue, ruling or order
2. Dataplus reserves the right to amend the terms of services without prior notice to the client.
GOVERNING LAWS
This agreement shall be governed by the laws of the federal republic of Nigeria.