Website & Application Development, Hosting and Support
1.1 Overview – Pure Bold offers various Solutions such as websites, hosting, applications, technical support and maintenance on a fixed fee and subscription basis in accordance with the terms of the Service Level Agreement (SLA). Pure Bold may make available optional add-ons or code, which are also included in the “Solutions” under this Agreement.
1.2 Access and Use – the Client may access and use the Solutions specified on the applicable Quote and Order Terms solely for its own internal business purposes and in accordance with the terms and conditions of this Agreement, the Documentation, and any scope of use restrictions designated in the applicable Quote and Order Terms.
1.3 Permitted Users – the Client may allow its Permitted Users to access and use the Solutions, provided:
- the Client remains responsible for compliance by each Permitted User with all of the terms and conditions of this Agreement, the Documentation, and any scope of use restrictions designated in the applicable Quote and Order Terms, and
- any use of the Solutions by a Permitted User is for the sole benefit of the Client.
- Only the Client and its Permitted Users may access and use the Solutions, and the Client acknowledges that the personal data of Permitted Users is used by Pure Bold in accordance with Pure Bold’s Privacy Statement located at: Pure Bold Privacy Statement.
1.4 Accounts – Each Permitted User shall receive a unique user ID to access websites or applications which may not be shared. The Client shall require that all Permitted Users keep their authentication factors (such as user ID and user credentials) strictly confidential and not share such information. The Client shall be responsible for any and all actions taken in Client’s Account by its Permitted Users, and shall immediately notify Pure Bold of any unauthorised access to or use of its Account.
1.5 Fees Estimation – The fees stated on any Quote, Order Form or Statement of Works is Pure Bold’s best estimate of the fees required to meet the defined deliverables based on discussions to date.
- The Client accepts and acknowledges that technical complexity is such that Pure Bold cannot fully anticipate the accuracy or completeness of the requirement to deliver all aspects of technical development and integration in advance of the works. Therefore, the Client agrees that any fees quoted are not fixed and may vary as new information comes to light that materially changes the scope of works on which original pricing was based.
- As such, Pure Bold reserves the right to inform the Client if anything happens that significantly changes this estimate and will advise the Client as these become known; and Pure Bold reserves the right to render additional fee invoices for an amount based upon time spent, greater than any quantum originally indicated.
- If during a Project the Statement of Works changes as a result of new requests from the Client that were not anticipated or considered in the initial Quote, Order Form or Statement of Works, these are deemed “Out of Scope” and the Client accepts that a new proposal for the additional items will be provided.
- Pure Bold’s terms and conditions also apply to any new scope or additional items.