2. Opentao Customers Sites Customization Regulations

Modifications other than the platform functional and its modules changing the said functional as well as the services specified in the price-list shall be regarded as the customization services rendered upon the request of the customer.

The document comes into force on July, 20, 2013

3.1 Contractors

OpenTrade Commerce platform is open source software and is subject to modification by both OpenTrade Commerce personnel team and the customer himself.

The customer has a right to request customization services implementation by OpenTrade Commerce team. In this particular case the services shall be rendered in accordance with these Regulations.

The customer has a right to customize the site by his own forces. In this particular case OpenTrade Commerce team does not take any responsibility for its incompatibility with OpenTrade Commerce products, OpenTrade Commerce platform updates, the site customizations made by OpenTrade Commerce personnel, and does not render consulting and technical support free of charge. These services, same as compatibility problems elimination shall be made on hourly paid basis upon completion of works.

3.2 Technical Specification

Technical specification (TS) is a structured description of necessary operations to be performed to reach the desired result. The aim of TS execution is to file all customer’s inquiries for their further transformation into the list of operations used by developers to estimate cost of rendered services and completion period, as well as further customization implementation. TS execution is an indispensable part of any customization process.

The TS is executed in close cooperation of the contractor (OpenTrade Commerce team) and the customer. It is highly recommended to the customer to make his requests description as exact and extensive as possible. The incorrect TS is interpreted to the benefit of the contractor. The final TS variant is subject to the customer’s approval. After that any additional modifications shall be included into a different customization request.

If the technical assistant’s help is needed at customization request execution, then TS execution shall be paid for.

3.3. Customization Regulations

  • Filing the customer’s requests and TS execution;
  • Operations cost estimation;
  • Completion period estimation;
  • Advance payment (up to $1000) or the initial partial payment at the rate of 50% of the total cost of operations (above $1000) shall be made by the customer;
  • Commencement of the operations. The date of the actual commencement of the customization operations may not coincide with the date of the advance payment made by the customer;
  • Implementation of the customer’s site customization operations;
  • Customization operations acceptance and payment of the second partial amount at the rate of 30% of the operations cost shall be made by the customer. The customer shall estimate the quality of operations made within the specified TS (7 calendar days)*;
  • In case of errors or non-compliance of the implemented operations to the TS the customization is subject to further modification;
  • After the elimination of problems initially detected by the customer (within the period of 7 calendar days), the customization is considered to be accomplished and is subject to the final installment at the rate of 20%** of the total cost of operations. The operations not mentioned in the TS, but initiated by the customer while negotiating the customization outcomes shall be included into the different customization request.

*Only those non-compliances to the TS, which are found within 7 calendar days after the operations acceptance, are subject to modification and update. Afterwards OpenTrade Commerce provides its customers with a 30-calendar-day-guarantee starting from the moment when the initial list of non-compliances is received. Customer is eligible to apply for remedy of non-compliances to the TS within the aforecited period.

**In case the total budget exceeds the specified cost of operations by 20% or more, the additional expenses for customization implementation shall be paid by the customer. The additional payment shall be made at the final pay-off by adding the amount to the last installment.

3.4. Disputes Settlement

In case of fundamental failure of services rendered to satisfy customer’s requests, customization implementation may be ceased by mutual consent of the parties. The operations implemented and services rendered shall not be refunded. The payments for the partially implemented prepaid operations shall be refunded less the cost of the time the developers actually consumed by the moment of operations cessation.