Terms and Conditions

Terms and Conditions

The services agreement [ the “Agreement”] contains the entire terms and conditions that govern the subscription of Website Development Services, Website Design, App Development, and Digital Marketing Services provided by Texas Business Analytics (the “Services”). As stated in this Agreement, “Texas Business Analytics” means “TBA” and “Client”, “you” or “your” means you. You acknowledge that you have read the agreement and agree to its terms and conditions and all the policies stated by TBA.   

The following terms and conditions apply to all the services provided by Texas Business Analytics (TBA). The Company provides Website Development, App Development, and Digital Marketing Services (the Services) to the client  

Acceptance

It is not mandatory for the Clients to accept our Terms and Conditions for applying to the website for a service. Accepting our terms and conditions is mandatory, only when the client accepts the quote sent by TBA. 

Please read the Terms and Conditions carefully. The use of our services or any purchase made implies that you have read the terms and conditions and accepted them.

Payments

Our Project quotation defines the charges for each service provided by TBA. The validity of our quotations is 15 days from the date sent to the Client. The order represents an offer to the developer to purchase a website or website updates from the Client. The developer and client do not have a contract until the developer issues an invoice for payment to the client.   

TBA reserves the right to change or decline the quotations after the expiry of the quotation.   

Unless agreed otherwise with the client, our website design, digital marketing and other services provided by TBA need a prepayment of the project quotation to start the project. All our project developments and service delivery process are initiated only after prepayment.  

Payment for the services is accepted via PayPal, Bank Transfer, Net banking, and any digital medium of payment for remote projects.   

Client Review

TBA will offer the client the opportunity to review the appearance and content of the website during the design phase and once the overall website development has been completed. If the client does not notify TBA otherwise within 7 days after the project completion, such materials will be considered accepted and approved.  

Turnaround Time and Content Control

The client’s website will be installed and publicly posted or supplied by the date specified in the project proposal, or at the date agreed upon by both parties upon receipt of payment in full unless a delay is specifically requested.  

In exchange, the client agrees to provide TBA all cooperation, information, materials, and data, access to staff, and timely decision-making that TBA may reasonably require for the performance of the services. It is the Client’s responsibility to designate one person as the primary contact for helping TBA progress the commission in a satisfactory and timely manner.  

The client will be required to submit relevant materials for the project, such as texts, images, soundtracks, movies, website content, and background information.  

Failure to Provide Required Website Content

To remain efficient, TBA needs to ensure that work is completed on time. Our team may have to reject other offers and inquiries to ensure that your work is completed on time.  

We, therefore, ask that all the required information be submitted at least one (1) week in advance of the completion date. If any progress cannot be made on your website due to a lack of information provided by you on time, we are delayed. We need the text content for your site in advance if your project involves Search Engine Optimization so we can plan and complete it efficiently.  

If you agree to provide us with the required information and then fail to do so by the agreed time, we reserve the right one (1) week before the project completion date to close the project and demand immediate payment for the balance remaining. The above condition is simply saying that you need to let us know once you are ready to begin.  

Web Browsers

TBA strives to ensure all websites are designed for maximum viewership. TBA designs the website to work with the most popular browsers (e.g., Firefox, Google Chrome, Microsoft Edge, etc.). The Client acknowledges that TBA cannot guarantee correct functionality with all browsers across all operating systems.  

Website pages that do not display correctly in new browsers after TBA has designed and delivered the website to the client cannot be held responsible by TBA. To comply with updated browser software, TBA reserves the right to quote any work that is required to update a website’s design or code.  

Termination of Services

The client understands and acknowledges that TBA holds the right to terminate the services provided to the Client, without any notice.  

Confidentiality and Non-Disclosure

Both Client and TBA shall use their reasonable endeavors to keep confidential all information and documentation disclosed. Software, operations, products, processes, dealings, trade secrets, or the business of the disclosing party or the parts identified as confidential and will not use any confidential information for any purpose other than the performance of its obligations under these terms.   

During the terms of these terms, the Client may disclose confidential information to its employees and subcontractors to the extent that it is necessary for these terms.  

All tangible forms of Confidential Information, including, without limitation, all summaries, copies, excerpts of any Confidential Information whether prepared by TBA or not, shall be the sole property of the TBA and shall be immediately delivered by the Client to the TBA upon the TBA’s request or the termination of these Terms (whichever is earlier). The Receiving Party shall not copy, reproduce, publish or distribute in whole or in part any Confidential Information without the prior written consent of the Disclosing Party.  

Indemnification and Liability Limitation

Upon the mutual agreement between TBA and the Client, TBA will provide ideas, recommendations, and services to the Client. The client is responsible for using ideas, services, and recommendations.   

By signing this Agreement, Client represents and warrants that Client has the legal capacity and the financial resources to indemnify, defend, and hold harmless to TBA, its officers, employees, partners, agents, principals, and subcontractors, from any losses, liabilities, and claims, including costs and expenses, arising out of or resulting from TBA’s subsequent use of TBA’s ideas, recommendations, Services, or other work provided to Client by TBA under this Agreement. If the Client uses TBA’s services in a way that damages the Client or another party, the Client agrees to indemnify and hold TBA harmless from any claims resulting from such use.  

Intellectual Property Rights

TBA retains all rights, title, and interest in and to the Sites and Services, including all copyrights, patents, trade secrets, trademarks, and other intellectual property rights. TBA reserves all rights not expressly granted. 

Severance

In the event that any provision or part-provision of this agreement is or becomes invalid, illegal, or unenforceable, it shall be deemed deleted, but the validity and enforceability of the remaining provisions shall not be affected.  

The Parties shall negotiate in good faith to agree on a replacement provision that, as far as is possible, achieves the intended commercial result of any provisions or parts of provisions that are deleted from this agreement.  

Warranties

TBA warrants that the services are provided to the client by the personnel with the relevant set of skills, professionally and competently.   

TBA warrants that the maintenance and services are provided to the client’s website for a limited time. Upon request from the client, the maintenance and services can be extended up to one year from the last date of the project.   

The warranty does not apply to the failure of the website in terms of a software update, any materials or third-party plugins installed by the client, or due to any website modification not performed by TBA.  

This agreement sets out the full extent of the TBA’s obligations and liabilities concerning the supply of the services. This agreement, or any collateral contract (whether by statute or otherwise), excludes all terms, conditions, and warranties regarding the services.  

Notice

In witness whereof, and with the intent to be legally bound, Customer and Provider execute this Agreement on the Effective Date.