Terms & Conditions

General:
1.1 All business undertaken by Metamesh is subject to the terms and conditions set out hereinafter.
1.2 Metamesh will only supply Goods and Services on these conditions, which in the case of conflict shall override any terms or conditions imposed by the client.
Estimates and Payment:
2.1 Metamesh’s estimates are without commitment.
2.2 Metamesh shall establish the prices to be charged to the customer for its goods and services.
2.3 Any additions to briefs will be estimated and charged at the standard hourly rate ($125/ph).
2.4 Any additions to briefs where no charge is made, Metamesh accepts no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions.
2.5 A deposit of 50% is required with any standard project before any design or development work is carried out. This figure is non-refundable.
2.6 Once a project has been designed and completed the final balance of payment is then due in accordance with our payment terms. There are no exceptions, i.e. If the client decides they no longer want the product, the work has been commissioned and the deposit has been paid, they are still obliged to pay for the work that has been completed.
2.7 Once full payment is received, the project is assumed completed to the client’s satisfaction and no refunds can be offered. Metamesh does provide standard support for up to 10 days after completion.
2.8 If payment is not received in full in accordance with out payment terms, the client shall pay in addition, 2% of the final balance each week the payment is overdue.
2.9 Products developed by Metamesh remains the property of Metamesh until such time as the final balance is paid in full.
2.10 Metamesh reserves the right to retract any development until such time as the final balance is paid in full.
Limitation of liabilities:
3.1 Metamesh cannot take responsibility for any copyright infringements caused
by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.
3.2 Metamesh will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
3.3 Metamesh will not be liable or become involved in any disputes between the product owner and their clients and cannot be held responsible for any wrongdoing on the part of the site owner.
3.4 Metamesh will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the client’s approved agents.
3.5 Metamesh cannot take the responsibility for any losses incurred by the use of any software created for the client. Whilst every care has been taken to ensure products are error free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.
3.6 The client is expected to test fully any application or programming relating to a product developed by Metamesh before being made generally available for use. Where “bugs”, errors or other issues are found after the site is live, Metamesh will endeavor (but is no obliged to) to correct these issues in accordance with our standard support terms outlined below.
3.7 Where applications or sites that are developed and deployed on servers not operated by Metamesh, the client is expected to provide or seek any information, additional software, support or co-operation pertaining to the server required for the application to be correctly developed. Where large applications are to be developed, it is the client’s responsibility to provide a suitable testing environment that is identical to the final production environment.
Compatibility:
4.1 Metamesh will endeavor to ensure that any developed software will function correctly on the server it is initially installed and that will function correctly when viewed with the web browsing software Microsoft Internet Explorer Version 7, 8, Mozilla and Web-Kit based browsers. Metamesh can offer no guarantees of correct function with all browser software.
Hosting:
5.1 The following terms and conditions are applicable to products deployed on Metamesh’s private servers.
5.2 Hosting is billed annually per application or website deployed. This fee is non-refundable.
5.3 Full hosting payment is required in advance, before hosting service is established.
5.4 Hosting duration begins 10 days after project completion.
5.5 Client’s hosting account will be automatically renewed under the same time and fee structure unless the client provides notice to Metamesh, fifteen (15) days before the renewal date.
5.6 If the client wishes to transfer their hosting to another provider, Metamesh can, upon request, download all necessary files onto CD. The cost for this service is $125 per copy. FTP access is not available.
5.7 If the client wishes to transfer their hosting to another provider, Metamesh can re-deploy the product on to the requested server. This service will be estimated and billed under the standard hourly rate.
5.8 Metamesh will not be liable for costs incurred, compensation or loss of earnings due to the failure of server side software or hardware.
5.9 If Metamesh suffers a server side failure, we will endeavor to restore the latest backup of the client’s product.
Development Process:
6.1 Once a design has been signed off, the design is considered approved. Any subsequent changes to design are billable at our standard hourly rate.
6.2 Provision of content is the client’s responsibility.
6.3 Content must be provided in digital form.
6.4 Entry of content is billable at our standard hourly rate.
Copyright and ownership:
7.1 Any scripts, applications, php scripts or software written by Metamesh is copyright of Metamesh and may only be commercially reproduced or sold with the permission of Metamesh.
7.3 Metamesh retains ownership of any product developed by Metamesh until full payment is received.
7.4 Metamesh reserves the right to remove and retain the product until the final balance has been paid.
Support and Maintenance:
8.1 Metamesh offers support and maintenance to all clients. Support is offered free of charge for up to 10 days after the completion and deployment of the client’s product. Support is limited to:

  • Correction of any “bugs”, errors or issues with original code, scripts and programming developed during the course of product development.
  • Browser compatibility issues
  • Two (2) hours training on administrative backends.
  • Support and help concerning administrative backends.

8.2 Metamesh can also provide (optional) ongoing maintenance support. The fee for this is $2500 annually. This fee is non-refundable. This ensures at least 20 hours support, Metamesh will ensure that any issues will be addressed within 72 hours of being brought to our attention. The on going maintenance will include:

  • Correction of any “Bugs”, errors or issues with original code, scripts and programming developed during the course of product development
  • Browser compatibility issues. Note Metamesh can provide support for the browsers available at the time of product completion.
  • Support and help concerning administrative backends.
  • Any necessary content management system (CMS) upgrades.

8.4 On going maintenance support has a limit of 20 hours. Any additional support will be billed at the standard hourly rate.
8.5 Support and maintenance does not cover the following:

  • Additional programming. Including new features and layout changes.
  • Support concerning technical features beyond Metamesh’s control, such as e-mails, phone systems or Internet connectivity.
  • Changes to design.
  • Browser compatibility issues with browsers available after product’s launch date.