Terms and conditions
PURPOSE AND INTENT (Section 1 to 13)
1. SECTION ONE
b.) Whenever the terms “Company”, are used, it shall mean Mama Information Technology & GIS Solutions Ltd.
c.) Whenever the term “GIS” is used, it will mean Geographic Information System.
d.) Contracts between General Clients and Mama Information Technology & GIS Solutions Ltd. shall be deemed as a contract in Nigeria and shall be governed by the Laws of the State of Nigeria. It is specifically understood that contracts are not contracts outside Nigeria but General Clients within Nigeria in Particular. The Company will not assign, transfer, convey, sublet, or otherwise dispose of all contracts, or any resulting agreement or its rights, title, or interest therein, or its power to execute such agreement, to any other person, company, or corporation, without a previous written approval of the Client.
e.) At the conclusion of any contract or in an event this agreement terminates, all work products of any kind and description shall become the property of the Client.
f.) This document and all attachments and addendum herein referred to shall constitute the full and complete contract between all parties except as amended according to Section 13 of this agreement.
g.) All contracts will become effective after both parties execute it after the Client authorizes the contract to be accepted.
h.) Our Company agrees to save and hold harmless the Client and its agents, servants, and employees of, and from, any and all liabilities, expenses, causes of action, damages and attorney’s fees resulting, or to result, from any of the Company’s business or operations resulting from any act or omission of the Company’s agents, servants or employees.
i.) The Company shall comply with all applicable laws, ordinances, codes, and regulations, including all applicable Land Act of 1978 regulations and the Constitution of the Federal Republic of Nigeria, in the performance of this contract. If the Company is contacted by any federal, state, county, or Client agency, or any private agency, regarding any aspect of this contract, the Company shall promptly contact the Client and shall not respond to the agency without being expressly authorized by the Client to do so.
2. SECTION TWO
a.) Our Company shall provide at its expense, and subject to the approval of the Project’s focal person / Administrator, who shall have full editing authority, news media reports to broaden the understanding of the DMS/ GIS Implementation program to the general public when designing an Enterprise Website or applications to our clients.
b.)The Company shall, at the request of the Client, prepare and present to the Project’s focal person / Administrator, a progress report for each phase of the project.
3. SECTION THREE
STARTING AND COMPLETION DATES
Based on our previous experiences and cladistics nature of learning the Cooperates clients will provide 60% of committed funding upon approval to enable us start any project from designing stage. Project identified within an attached Scope of Services shall commence once a project schedule is approved and 60% payment prompt by the Client. While that of the Government follow the normal process of 30-30-40% restrictions
a.) Final delivery of all approved items as committed by Mama Information Technology & GIS Solutions Limited within time agreed from a commencement date defined in any contract in project schedule.
b.) No extension of time shall be granted to the Company unless the request for an extension is made in writing fifteen (15) days prior to the expiration date of any contract.
c.) The request must be approved by the Client and must be based on one or more of the following:
i.) Acts of nature that directly affects the Company’s ability to perform.
ii.) Acts of Government agencies that may affect the Company’s performance.
iii.) Circumstances beyond the control of our Company and not due to any negligence on the part of our Company or its employees (fire, floods, emergencies, or delays brought about by others, etc.)
4. SECTION FOUR
GIS / DMS/ Website implementation Fees
a.) For the performance of any agreement by our Company, the Client shall pay the Company 60% of the total sum of the contract.
b.) The Client reserves the right to request additional work and changes where unforeseen conditions require changes and work beyond the scope of the project. In this event, a supplement to this agreement shall be executed and submitted for the approval of the Client prior to performing the additional or changed work or incurring any additional costs therefore.
c.) Any change in compensation shall be covered in supplement agreement. The Company shall not be compensated for work the Client does not require that is performed without the prior written approval of the Client.
5. PAYMENT TERMS (SECTION FIVE)
In order to start any project development; a retainer fee of 60% deposit is required upon signing to start. 20% at the completion of the development stage and after the approval of the implementation stage the remaining 20% is paid.
6. PAYMENT MODE
We receive bank Transfer, Cheques and also deposit into our account.
CHEQUE PAYMENT: Mama Information Technology & GIS Solutions Ltd.
- ACCOUNT DEPOSIT: A/C NAME- Mama Information Technology & GIS Solutions Ltd.
A/C NO-_1016482033 Zenith Bank Plc.
7. ACCEPTANCE (SECTION SIX)
Acceptance to perform work stated in this contract is in effect only after approval of these terms and conditions have been met. We are liable for meeting terms and conditions stated in a contract, as Client is liable for terms and total amount subject to his contract and agreed upon amendments.
8. PROJECT MANAGEMENT (SECTION SEVEN)
You will need to appoint a technical Person, a contact person that we can communicate with on a regular basis during the entire project life cycle. This person would be in the position to supply all needed resources pertaining to the implementation of the project and responsible for obtaining all authorized signatures necessary for the project development. Any questions regarding this proposal should be directed to the following points of contact:
+ 234  6443278
After completion of any Project, we usually give a (1) year guarantee for the efficiency of our deliverables even though we know certainly that our services have the ability to last a life-time if adequate maintenance is carried out on the site.
10. SECURITY / ACCESS
We validate, that all user names, passwords and FTP files must be updated by individual staff responsible and should keep his credentials confidential not at our office but your Agency for safety and independency.
11. PROJECT TIMELINE FOR WEBSITES DESIGN AND APPLICATIONS
The table below shows the timeline for this project, the timeline is been grouped into phases.
- PHASE 1- Design stage
- PHASE 2- Development stage
- PHASE 3- Implementation stage
|Task||Deliverable||Delivery Time||Client Evaluation & change submission||Time for Changes to be put in|
|Creative Meeting||Clear direction on the project and signing of contract||Timeline Strategy Document||Timeline Strategy Document||Timeline Strategy Document|
|Flow chart of site designs||Timeline Strategy Document||Timeline Strategy Document||Timeline Strategy Document|
|Design Concepts||Design concepts for GIS / LIS.||Timeline Strategy Document||Timeline Strategy Document||Timeline Strategy Document|
|Design Primary Section Templates||Design of each major Section||Timeline Strategy Document||Timeline Strategy Document||Timeline Strategy Document|
|Database Design and coding||The user and admin content management sections||Timeline Strategy Document||Timeline Strategy Document||Timeline Strategy Document|
|Testing||Testing of application functionalities||Timeline Strategy Document||Timeline Strategy Document||Timeline Strategy Document|
|Training||Staff training of the Electronic process||Timeline Strategy Document||Timeline Strategy Document||Timeline Strategy Document|
|Product Launch||Timeline Strategy Document||Timeline Strategy Document||Timeline Strategy Document|
12. FINAL REVIEW
30-days period will begin on the launch date; our support team will deal any changes/updates within those 30-days period. Any changes or updates outside the 30-days warranty period will be performed under the website Site Maintenance Terms or on an hourly basis if there is no maintenance agreement. However, we will continually provide technical support to you within the scope that our contract permits.
13. SECTION EIGHT.
13.1 TERMINATION OF CONTRACT
If, for any reason, the Company shall fail to fulfill its obligation in a timely and proper manner under any contract, or, if the Company shall violate any of the covenants, agreements, or stipulations of any contract, or, if a petition in bankruptcy or for reorganization under the Bankruptcy Code is filed by or against the Company, or an order is entered adjudicating the Company bankrupt or insolvent, or a trustee, receiver or custodian is appointed for the Company, or an assignment for the benefit of creditors of the Company is made, the Client shall thereupon have the right to terminate this agreement on ten (10) days written notice by the Clients.
14. SECTION NINE.
14.1 OFFICE SPACE/HARDWARE AND SOFTWARE
Our Company shall provide the Client with a minimum of ten (10) days’ notice of the need to use our office space, hardware and software necessary while to execute a GIS project for the Client additional time shall be allowed if the Client is unable to provide said hardware or software due to shipping constraints. The parties shall agree on the hardware and software the Client shall provide.
15. SECTION TEN.
- Our Company will use competent employees in the performance of any contract. All client employees must have sufficient skills and experience to properly perform a work assigned to them.
- Clients’ Employees with the responsibility of carrying out highly technical portions of any contract will have sufficient education, training or experience in such work to perform properly and satisfactorily in a manner outlined in any specification.
- It is understood and agreed that all personnel, except as provided elsewhere in this agreement, shall be employees of the Company. It is understood and agreed that the Client may require staff to work with our Company (within the time period allowed on any contract) and where necessary to remove from the project any person the Client considers being incompetent or negligent in the performance of his or her duties or who is guilty of misconduct, and such person shall not be re-employed on the project.
- The Company assigns Hassan Muhammad, Board of Director as the project manager for any project. The project manager will administer and schedule designs / implementation of any GIS project / Information Technology related jobs for the Client and to confirm that if applications / GIS projects and the website are operational.
16. SECTION ELEVEN
16.1 OWNERSHIP OF MATERIALS
Ownership of all materials involved herein shall belong to the General Clients. No copyright of any nature shall be granted to our Company by the Client relative to any material or product resulting from this agreement and GIS Implementation program.
17. SECTION TWELVE.
- The Company shall commence the work to be performed under any contract after acceptance and approval by the Client is officially received.
- The Company shall carry on any GIS and the Website Implementation agenda without interruption and shall make available to the Client all workdone that has been completed and approved by the Client to be used by the Client during and at the completion of any contract agreement.
18. SECTION THIRTEEN.
CONTRACT AMENDMENTS OR ADDITIONS
No amendments or additions shall be made to these technical specifications without a written and signed agreement by both the Client and the principal or principals of the Client under the contract.
The Mama Information Technology & GIS Solutions Ltd. Board of Directors (Hassan Muhammad) is the appointed individuals with the Company that have the authority to make amendments or additions to the contract from the Company side of commitment.
Client’s Focal Person / Administrator will oversee and accept the completed work by the Company for the Client as work proceeds under any contract.