A Welcome for Engaging GUTTZ
Thank you for using our services (considered as "Services"). The Services are provided by GUTTZ Pte Ltd (considered as "GUTTZ"), headquartered in Singapore, to the party in requirement of GUTTZ' services (considered as "Client").
By using GUTTZ' Services, the Client agrees to these terms and conditions. Please read them carefully. Our Services are diverse, so additional terms and conditions may apply. These additional terms and conditions will become part of the Client's agreement with us if you use our Services. By using our services, you irrevocably agree to these terms.
Using our Services
These terms and conditions form part of the agreement between the Client and GUTTZ. By engaging GUTTZ through a confirmation (written or oral) will constitute the Client's understanding, agreement to and acceptance of the Disclaimer and full Terms and Conditions contained herein.
We provide our Services by practicing a commercially reasonable level of skill and care to deliver them. GUTTZ offers its Services in consideration of the project price awarded. GUTTZ provides the Services "as is" and without any warranties and conditions, either in expressed, implied or statutory form. In addition, no advice or information (oral or written) obtained by the Client from GUTTZ, its subsidiaries, directors, or employees shall create any warranty.
Any question concerning these terms and conditions should be directed to:
Management of GUTTZ
Based on GUTTZ' experience on projects, we have found that it is mutually advantageous to outline deliverables in logical working and billing phases.
Project amendments, project deliverables, planning, concept revisions or a switch in project objectives at times make it impossible to accurately estimate the exact cost of project deliverables. Hence, project planning and cost estimation in several billing phases allows the Client to adjust for such revisions before work completion, only if a project requires any changes, extension or cancellation. Each proposal cost estimate will be considered as a project budget which includes estimate fees for our professional services and a separate itemized cost for out-of-pocket expenses if any.
GUTTZ will commence work upon the Client's acknowledgement. The acknowledgement (written or oral) will constitute as an agreement between both parties.
The Client agrees to pay GUTTZ in accordance with the terms specified in each project and it's Additional Scope of Work. Invoices will be sent before the next phase of the work commences. GUTTZ reserves the right to stop production of work if the Client fails to make payment on time.Out-of-pocket Expenses
Fees for professional services do not include outside purchases constituting the following but not limited to: additional artworks, printing, photography, mock-ups, laminating, burning of CDs, illustrations, stock images, shipping, handling or courier services. If GUTTZ' employees are required to be sent out of our office to meet the Client, we will claim hourly out-of-office pay for our manpower in addition to transportation, meals and accommodation expenses at cost value.Errors and Omissions
It is the Client's responsibility to check all work and amendments carefully for accuracy in all aspects, ranging from spelling, illustration, graphics, images, and/or the legality of the work. GUTTZ is not liable for errors or omissions of the project. On a goodwill basis GUTTZ practices a basic check on all our work to inform Clients of any suspected errors and omissions.Force Majeure
GUTTZ will not be liable by reasons of any failure or delay in the performance of our obligations due to events beyond our reasonable control, which may include, without limitation, denial-or-service attacks, strikes, shortages, riots, insurrection, fires, flood, earthquakes, storms, explosions, acts of God, natural disaster, war, terrorism, governmental action, labour conditions, material shortages, extraordinary internet congestion or extraordinary connectivity issues or failure of a third party to fulfil their part in the services provided to the Client, (each a "Force Majeure" event). Upon the occurrence of a Force Majeure Event, we will be excused from any further performance of the obligations which are affected by that Force Majeure Event for so long as the event continues.Conflict of Terms
If there is a conflict or contradiction between the provisions of these terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular part or module of the Services shall prevail in respect of your use of the relevant part or module of the Services.Severability
Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to being void, invalid, illegal, unlawful or for any other reasons, shall, in such jurisdiction only and only to the extent that it is unenforceable, be treated as void and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.Lien
All materials belonging to the Client, as well as work performed by GUTTZ may be retained as security until all just claims against the Clients are satisfied.Rights
GUTTZ grants Clients a non-exclusive license to use the work produced subject to Restrictions laid down in the work's particular agreement (refer to Restrictions). For further use of the work produced by GUTTZ, we reserve the right to collect fees based on the additional use of the work. GUTTZ reserves the right to photograph, distribute and/or publish any work, including mock-ups and presentation of the Client as part of GUTTZ' marketing efforts. GUTTZ agrees to store the work for a period of 3 months after final confirmation of project and completion of the maintenance contract. Thereafter, GUTTZ reserves the right to discard them.Restrictions
To deliver a certain standard of work for our Clients, GUTTZ implements, integrates or includes proprietary strategy, methodology, source code and/or frameworks that remain as the property of GUTTZ. The work will only be used as intended under its particular agreement, and should not be commercialized, unless with written permission and consent from GUTTZ.Termination
The Client has the right to terminate the quotation at any time during the project progress. However the Client must reimburse all costs and expenses incurred by GUTTZ to the date of termination including but not limited to: completed work, work in progress, manpower, and/or processing fees if there is any.Disclaimer
The Client will indemnify and not hold GUTTZ to any harm or responsibility for any loss or expenses (including attorney fees) and agree to defend GUTTZ in any actual suit, claim or action arising in any way from the working relationship. This includes, but is not limited to: direct loss, loss of business or profits, assertions made against the Client and any of its product and services arising from the work GUTTZ prepares for the Client before and/or after the work is completed. (whether or not GUTTZ have advised the Client of the possibility of such potential loss).
GUTTZ will make reasonable efforts to advise the Client on the risks of the Client's requests. However if the Client has made GUTTZ perform the requests regardless of the advice, the Client cannot hold GUTTZ responsible for any of the Client's claims or damages.
If GUTTZ must retain attorneys to collect their invoices, GUTTZ will be entitled to reasonable attorney's fees, court costs, and interest at the maximum rate permitted by law.
These Terms and Conditions shall be governed by and in accordance with the laws and practice of Singapore. The sole jurisdiction and venue for any litigation arising out of this agreement will be held in a court located in Singapore.
Based on GUTTZ' experience on projects, we have found that it is mutually advantageous to work on application projects based on a cost estimate for the man-hours required. An application project can be segmented into different units, which is produce during the planning stage that the Client will be able to understand what and how they can customize each unit of the application. With this arrangement, GUTTZ will be able to advise the Client by the different stages in application development and provide the Client with options of the different approaches available in customizing the application to fit into the operations. This is to ensure that the Client will be able to customize the application without paying for the functionality and features that is not required, thereby directing the cost incurred to the project in meeting the Client's objectives.Care to Client's Information
GUTTZ will not access and/or release Client's information unless requested by Client. At Client's request to perform work in relation to the development, modification, maintenance and/or support of the application, Client's information stored in the database shall only be used pertaining to completing the request on hand. Therefore, GUTTZ will put in reasonable effort to uphold the responsibility of keeping these information strictly confidential.Requirements beyond Cost Estimates
At the Client's request, GUTTZ shall provide additional services to the Client in addition to the requirements covered in the project. Such services will be charged to the Client at the standard time and rates in force at the time of the request and shall be bound by GUTTZ' Terms and Conditions. If the Client agrees to the charges for the additional request, an Invoice will be sent before the work commences. GUTTZ reserves the right to stop production of work if the Client fails to make payment in time.Termination
In the event of any termination, the Client agrees to maintain confidentiality of all the trade secrets integrated in the application and/or supporting documentation. The Client must refrain from any copying, distribution or other infringements on the exclusive rights of GUTTZ as the copyright owner.