Any programming work that has been released to the client and/or on the live website must be paid for in full by the client.
a. Ownership – Assets, Software, and Custom Code Solution
StartUp51 will release ownership of all marketing materials and development products created for client upon client approval and delivery of said assets. StartUp51 will maintain reproduction rights to all custom coded solutions and production processes.
b. Ownership – 3rd Party or Open Source Software
Client understands that any software purchased from a 3rd party may require licensing by the 3rd party. Licensing may incur recurring renewal fees per the 3rd party licensing requirements. Client is responsible for payment of these recurring fees.
b. Errors, Bugs and Corrections – Custom Software
All software custom developed by StartUp51 for the client will be built to be as bug free as possible and will be subject to review by client before final approval. However, once the software is approved by the client and made live to be used by the public or the client, any additional corrections or modifications made to the software will be billed at an hourly rate by StartUp51 if not part of an ongoing retainer.
c. Errors, Bugs and Corrections – 3rd Party or Open Source Software
StartUp51 is not responsible for malfunctions of 3rd Party or Open Source software purchased and installed on a website for the client. StartUp51 will attempt to correct any found bugs as requested by the client within the hours allotted for the project.
d. Errors, Bugs and Corrections – Websites Not Hosted by StartUp51
If a website is not hosted by StartUp51, Client understands that StartUp51 may not be held liable for any broken or malfunctioning software on the clients website nor the website itself if it stops working or is removed from the server. Furthermore the client may not hold StartUp51 liable for security breaches or any other aspect of the website business, content or functionality.
e. Software Upgrades, Maintenance and Security
StartUp51 is not responsible for upgrading custom, 3rd party or open source software regularly unless client and the Contractor have a maintenance contract in place specifically authorizing upgrades. Furthermore, Client understands that not upgrading software may lead to security holes and breaches after an extended period of time due to technology becoming outdated and agrees to take responsibility for any security breaches which are due to software that has not been upgraded or maintained. Once a software application or website has been released to the client or to the Internet, further revisions, corrections or upgrades to that software or website may be charged hourly by StartUp51 in addition to any fixed contracted work.
g. Supported Web Browsers
Unless otherwise agreed to per the SCA, StartUp51 will test projects and develop for the latest two released versions of Firefox, IE, Safari and Chrome browsers.