Terms & Conditions

Welcome to the agreement,we look forward to working with you.These are our terms and conditions,if any part prevents you from dealing we will have a look at it and can come to a commmon ground before starting the project .Once the project is started it means it adheres to the following terms and conditions and you are agreeing to it.

Moral Issues

We reserve the right to refuse to provide services for a company or associated services which does not accord with our ethical policy or that we judge to be unfit due to content or otherwise. This includes, but is not limited by, companies or sites containing or promoting adult oriented material such as pornography, companies or sites which promote hatred towards persons belonging to any ethnic group, religion or sexual orientation and companies or sites which infringe copyright or are contrary to relevant national or local laws or regulations.

Contract Agreement

The contract between Saleha Shaikh and the client shall consist of the quotation with its specifications and these terms and conditions. It may not be necessary to have a signature for the contract to commence, verbal communication, email communication or other exchange making it clear that the work specified is required to be carried out shall constitute commencement of the contract and a contractual agreement between the client and Saleha Shaikh shall exist based on the quotation with its specifications and these terms and conditions.
Saleha Shaikh cannot always guarantee to start work immediately on a commission but will arrange a date with the client as to when work can commence. An anticipated finishing date will be agreed and Saleha Shaikh will do its best to adhere to that but cannot guarantee to do so in the light of circumstances outside its control. Where in the instance that a time scale has been agreed, Saleha Shaikh will not be responsible for any consequential losses to the client if the deadline is not met.

Web Design Standards, Accessibility

Saleha Shaikh makes every effort to design web pages to current web standards and thus display well in the most popular current browsers, but cannot accept responsibility for pages which do not display acceptably in new versions of non-web standard browsers. One version of the website will be created that will display well in all web-standard browsers and at all usual display resolutions.

Supply of Content by the Client

The client undertakes to inform us prior to commencement of the project if there is a critical requirement to meet specific performance criteria. If, during the development, the client does not supply the content required in order to complete the commission within the anticipated time frame,Saleha Shaikh will invoice up to the full amount quoted. When the content is supplied there may be additional time costs involved due to the overrun of the project which impinges on the ability of Saleha Shaikh to service other clients.

Payment Terms

Once the agreement is sent with all deliverables outlined, the Client has the opportunity to review it thoroughly. If everything is well-aligned, the Client may proceed by signing the agreement and making an initial 50% advance payment to commence the project. The remaining 50% balance is due before the final handover of the project. While any payment due under this agreement remains outstanding, Saleha Shaikh reserves the right to withhold the provision of any services or deliverables. Payments must be made within a week and only via electronic bank transfer (online payment) unless otherwise agreed.

Payments may be made in Euros, Canadian Dollars, or US Dollars, provided this is agreed upon in advance, including an amount sufficient to cover exchange commission and charges. Any payment returned by the bank or credit card company will incur a $10 administration charge, in addition to any bank-imposed fees, which will be added to the outstanding balance.

All payments are strictly non-refundable due to the digital nature of the deliverables. Once payment is made, no refunds will be issued, even if the client decides to cancel the project for any reason. This includes deposit payments—once a deposit is made, no refund requests will be accepted. The time, effort, and resources allocated to your project begin immediately upon payment, making refunds impossible.

Project Timeline and Deliverables

The estimated timeline for project completion will be provided during consultation. Delays caused by the client, including failure to provide necessary content or feedback, may extend the project timeline. Deliverables will be shared in the agreed-upon format via email or other specified channels.

Revisions and Edits

Projects include a set number of revisions, as agreed upon before starting. Additional revisions beyond the agreed limit may incur extra charges. All revision requests must be submitted within 7 days of receiving the deliverables.

Unforeseen and Additional Costs and Expenses: Additional costs incurred in the provision of: stock photography; electronic commerce software; online transaction processing solutions; domain name registration; web space; Internet connection provided by third parties are non refundable.
Additional features to websites, including extra database services, specific hosting requirements, animations that are not included in the quotation are subject to surcharge. In the event a feature is required which has not been included in the quotation Saleha Shaikh will give notice prior to implementation and seek acceptance of the surcharge.

Data Protection

Where the operation of the website or other services provided by Saleha Shaikh involves the collection and administration of personal data the client is deemed to be the Data Controller and as such is responsible for notification under the terms of the Data Protection Acts and related regulations.
Saleha Shaikh can arrange the required notification and the current fee for Notification and time and other costs will be payable by the client. The client shall indemnify Saleha Shaikh against any actions, costs and liabilities arising from the use in good faith by Saleha Shaikh of personal data provided by the client or through the client’s website / promotional material.  Where Project involves e-commerce functionality, the client must ensure that suitable arrangements are in place to maximise security levels with regard to financial and personal information relating to the users of the website and other services. This may necessitate the use of secure electronic protocols, authentication certificates, encryption et cetera and may require the provision of secure server facilities and/or the use of a credit card clearing service.
Where a service is provided relating to e-commerce whereby visitors to the client’s website can order goods or services through the website – whether through direct or indirect payment the client undertakes to ensure that all transactions are carried out legally and fairly, that the security of personal information and of financial information is maintained and that the collection and control of that data meets the requirements of the Data Protection Acts and regulations.
The client is solely responsible for complying with any laws, taxes, and tariffs applicable in any way to the website or any other services contemplated, and will hold harmless, protect, and defend Saleha Shaikh and its sub-contractors from any claim, suit, penalty, tax, fine, or tariff arising from the website or other services provided.

Search Engine Submission and Results

Saleha Shaikh will submit a client’s website to the major search engines. Further work based on keyword popularity analysis, search
engine optimisation based specifically around your organisation and its ‘competition’ is best carried out by specialist contractors. This can be
arranged but is not part of the contract unless specifically included in the quotation. Any subsequent amendments to the website as a result
of professional analysis may be charged to the client. Saleha Shaikh can accept no responsibility or liability if any search
engine, online directory or search site chooses not to list a client’s web site.

Ownership Rights

Upon project completion and full payment, the client will own the final branding, content, and materials. Saleha Shaikh retains ownership of her designs created before or during the project and may showcase them in portfolios or case studies.

Once your website is completed and the final handover process is complete, Saleha Shaikh will no longer be responsible for ongoing maintenance, updates, or any issues that may arise unless an alternative agreement has been made prior to the project’s conclusion. This means that after the website is delivered, it is the client’s responsibility to manage and update the site moving forward unless they have chosen a different service package or agreement for continued support. If you’d like Saleha to assist with ongoing maintenance, changes, or any other services post-completion, these arrangements need to be discussed and agreed upon before the handover process begins.

Confidentiality

In connection with the Client Order, each party may receive or have access to commercially or personally valuable technical and non-technical confidential or proprietary information (“Confidential Information”) of the other party. Confidential Information includes all information, whether oral or written, relating to the business of a party that is not generally known or available to others, including, without limitation, source code and documentation for software, trade secrets, customer lists, pricing strategies, marketing and business plans, information concerning a party’s vendors, and a party’s contemplated plans, strategies and prospects. Each party acknowledges and agrees that any Confidential Information received or obtained from the other party will be the sole and exclusive property of the other party and may not be used, disseminated or disclosed except as may be necessary to perform the obligations required under this Agreement or as may be required by law.

Both parties agree to maintain confidentiality of proprietary information, including trade secrets, branding concepts, and strategies. This confidentiality obligation continues even after project completion.

Sub-Contracting
If necessary, Saleha Shaikh reserves the right, and the client hereby agrees, to allow the use of sub-contractors or agents to assist with any part of the design or website work.

Consequential Losses
In the unlikely event that Saleha Shaikh is unable to provide the agreed product or service as outlined in these terms and conditions, we would like to reassure you that every effort will be made to resolve any issue promptly. However, please note that we are unable to offer adjustments, refunds, or the return of money. Our priority is to deliver high-quality work, and we strive to exceed your expectations. That being said, the client assumes full responsibility for the quality and performance of the website or services. Saleha Shaikh cannot be held responsible for any damages, including service interruptions caused by factors beyond our control (such as acts of god, hosting service issues, or technical problems with the Internet, telecommunications, or servers). This also includes any lost profits, savings, or other incidental or special damages, even if Saleha Shaikh was informed of the possibility of such damages.

Representations and Warranties

Designer: Saleha Shaikh warrants that she has the right to perform the agreed-upon services and that all designs provided are original and not owned by third parties.

Client: The client warrants that any proprietary content (logos, graphics, marketing materials) provided is their own and they have the necessary rights to use it.

Disclaimer of Warranties

While every effort is made to provide high-quality services, no guarantees are made regarding increased profits, audience growth, or any specific business outcomes.

Advice and Consultancy
Any advice given in respect of software, hardware, programming, design, purchasing, hosting, training, upgrading, installing or any other advice, suggestion, recommendation or otherwise of any product or service provided by us or by a third party, whether introduced by us directly or indirectly is accepted by you as an opinion and as such you agree that prior to acting on any of the aforementioned that you will first obtain professional advice. You further agree to indemnify us of all liability with regard to any decision or action performed by you that may or may not be a direct or indirect result of any contact or dealing with us.
Our consultancy service and general advice is, by its nature, subjective. It is up to you whether you decide to follow our ideas and suggestions. It is not possible and we do not guarantee that any of those ideas and suggestions will increase traffic to your site, improve your ratings with search engines or boost sales.

Training
Endeavour to provide appropriate training as agreed and on terms agreed. The outcomes of training personnel in whatever activities agreed are not readily quantifiable and as such we cannot accept liability for any training we provide not meeting the client’s or the trainee’s expectations.

Cancellation and Termination

Saleha Shaikh can cancel the agreement right away if any of the following happen:

• You don’t pay an invoice when it’s due.
• You break any important terms of the agreement.
• if your business gets into legal trouble (such as being forced into bankruptcy).
• If your business stops operating or can’t pay its debts.

If any of these happen, Saleha Shaikh can end the agreement and remove your website or service from the internet. If the agreement is canceled because of any of these reasons, we won’t be able to refund any money you’ve paid. If you decide to cancel the project during development, please note that no returns or refunds will be provided. You will be required to complete the remaining payment due for the work that has already been completed and the time spent on your project. This is because we invest significant time, effort, and resources into each project, and once these resources are committed, they cannot be used for other projects. We appreciate your understanding and cooperation in this matter.

Limitation of Liability

Neither party shall be liable for any indirect, incidental, or consequential damages, including loss of business or profits.

Notice
Any notice, approval, request, authorization, direction or other communication in connection with this Agreement and the Client (“Notice”) must be made to Saleha Shaikh, by email to info@saleha-shaikh.com. All Notice to Client by Saleha Shaikh shall be deemed to have been delivered and given for all purposes if sent to the email address provided by Client on the Client Order, unless a different email address is provided in writing to Saleha Shaikh.

Relationship of the Parties
The relationship of the parties in connection with this Agreement and the Client Order is that of an independent contractor relationship, and no partnership, joint venture or employee/employer relationship is intended.

Force Majeure
Neither party shall be deemed in default of this Agreement or the Client Order to the extent that performance of its obligations or attempts to cure any breach are delayed or prevented by reason of any act of God, fire, natural disaster, accident, riots, acts of government, or any other cause beyond the reasonable control of such party; provided, that the party whose performance is affected by any such event gives the other party wirtten notice thereof within ten (10) business days of such event or occurrence.

Miscellaneous
(a) In the event that any provision of this Agreement or the Client conflicts with the law under which this Agreement is to be construed, or if any such provision is held invalid by a court with jurisdiction over the parties to this Agreement, such provision shall be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of this Agreement shall remain in full force and effect. (b) This Agreement may be modified by Saleha Shaikh at any time by publication through its website (www.saleha-shaikh.com) except that such changes shall not effect Client Orders that have already been accepted.

Legal Compliance

Both parties agree to comply with all applicable laws and regulations. In the event of legal action, the prevailing party is entitled to recover reasonable legal fees and expenses.

Testimonial, Reference and Links

Once the handover process has started, the client is required to finalize the payment and submit a video and text review within 48 hours. Failure to comply with the handover process will be considered a violation of terms and conditions, and the client will be held accountable. No delays or refund requests will be accepted, and any violations will be reported. Saleha Shaikh reserves the right to showcase the design, website links, graphics and other web elements as part of her portfolio. She also retains the right to refer prospective clients to your website as a testimonial or reference material.

Governing Law

This agreement is legally binding in the United States and internationally. Any disputes shall be resolved under applicable laws in the client’s or designer’s jurisdiction.

For any questions or concerns, please contact: info@saleha-shaikh.com.