Terms and Conditions
1. STANDARD TERMS AND CONDITIONS
These are the standard terms and conditions for Website Design and Development and apply to all contracts and all work undertaken by "ITSWS Technologies Pvt Ltd" here in referred to as "ITSWS Technologies" for its clients.
We (and any subcontractors/ re-sellers we engage) agree that we will not at any time disclose any of your confidential information to any third party.
3. OUR FEES AND DEPOSITS
A 50% deposit of the total fee payable under our proposal is due immediately upon you instructing us to proceed with the website design and development work. The remaining 50% shall become due when the work is completed to your reasonable satisfaction. We reserve the right not to commence any work until the deposit has been paid in full.
The 50% deposit of advance paid is NON refundable as we book the domain & hosting on customer behalf. (We collect 50% payment after booking the domain & hosting).
We are pleased to offer you the opportunity to make revisions to the design. However, we have the right to limit the number of design proposals to a reasonable amount and may charge for additional designs if you make a change to the original design specification.
Our website development phase is flexible and allows certain variations to the original specification. However any major deviation from the specification will be charged as per the variations.
Hosting Limitations (Fair usage policy):
Due to the nature of our industry and the costs involved with provisioning and maintaining your Service, we do not offer refunds or pro-rated refunds once the site is hosted and site is up & running. Shared hosting packages are designed to host personal or small business websites & self-need email services. It is not intended to host email services for businesses/large enterprises or to host applications better suited to cloud, business or dedicated servers.
While working on projects, if the project required higher hosting/server resources (This is a Rare scenarios conditions, sites that require more Security, CPU, RAM and inode (inode limitation of Upto 2,50,000)); we might increase hosting package/ plan without any prior notice (Trial period of 1 month of business or dedicated hosting included in such conditions) as without which we cannot complete the project. After completion of project, if customer denies paying the additional hosting charges (We would provide required invoice proof of same billed under ITSWS Technologies), we have the right to discontinue the hosting after trial period. However, If customer wants to host the site on his own server or any other 3rd party server, we share the complete backup of the project.
We might charge extra for additional manpower required to deploy/install the back on any self-owned client server or for any 3rd party server.
5. PROJECT DELAYS AND CLIENT LIABILITY
Any time frames or estimates that we give are contingent upon your full co-operation and complete and final content in photography for the work pages. During development there is a certain amount of feedback required in order to progress to subsequent phases. It is required that a single point of contact be appointed from your side and be made available on a daily basis in order to expedite the feedback process.
6. APPROVAL OF WORK
On completion of the work you will be notified and have the opportunity to review it. You must notify us in writing of any unsatisfactory points within 3 days of such notification. Any of the work which has not been reported in writing to us as unsatisfactory within the 3-day review period will be deemed to have been approved. Once approved, or deemed approved, work cannot subsequently be rejected and the contract will be deemed to have been completed and the 80% balance of the project price will become due.
7. REJECTED WORK
If you reject any of our work within the 3-day review period, or not approve subsequent work performed by us to remedy any points recorded as being unsatisfactory, and we, acting reasonably, consider that you have been unreasonable in any rejection of the work, we can elect to treat this contract as at an end and take measures to recover payment for the completed work.
Upon completion of the 3-day review period, we will invoice you for the 80% balance of the project.
Once you have paid us in full for our work we grant to you a license to use the website and its related software and contents for the life of the website provided regular renewal of subscription is done on or before expiry of the term.
To the full extent permitted by law, all terms, conditions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise (other than the express provisions of these terms and conditions) relating in any way to the services we provide to you are excluded. Without limiting the above, to the extent permitted by law, any liability of ITSWS Technologies under any term, condition, warranty or representation that by law cannot be excluded is, where permitted by law, limited at our option to the replacement, re-repair or re-supply of the services or the payment of the cost of the services that we were contracted to perform.
11. CROSS BROWSER COMPATIBILITY
By using current versions of well supported content management systems such as “Wordpress”, we endeavor to ensure that the web sites we create are compatible with all current modern web browsers such as the most recent versions of Internet Explorer, Firefox, Google Chrome and Safari. Third party extensions, where used, may not have the same level of support for all browsers. Where appropriate we will substitute alternative extensions or implement other solutions, on a best effort basis, where any incompatibilities are found.
12. SUPPLY OF MATERIALS (CONTENT)
You must supply all materials and information (Copyrighted Content) required by us to complete the work in accordance with any agreed specification. Such materials may include, but are not limited to, photographs, written copy, logos and other printed material. If any delay in supplying these materials to us which leads to a delay in the completion of work, we have the right to extend any previously agreed deadlines by a reasonable amount. Also If any content provided by you breaks the copyrighted rules as mentioned in the The Copyright (Amendment) Act, 2012; then we would remove the content from website without any prior notice.
13. WARRANTY BY YOU AS TO OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS
You must obtain all necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names and trade marks, or any other material that you supply to us to include in your website or web applications.
You must indemnify us and hold us harmless from any claims or legal actions related to the content of your website.
14. SEARCH ENGINES
We do not guarantee any specific position in search engine results for your website. We perform basic search engine optimisation according to current best practice.
15. CONSEQUENTIAL LOSS
We shall not be liable for any loss or damage which you may suffer which is in any way attributable to any delay in performance or completion of our contract, however that delay arises.
We reserve the right to subcontract any services that we have agreed to perform for you as we see fit.
17. ADDITIONAL EXPENSES
You agree to reimburse us for any requested expenses which do not form part of our proposal including but not limited to the purchase of templates, third party software, stock photographs, fonts, domain name registration, web hosting or comparable expenses.
You are responsible for maintaining your own backups with respect to your website and we will not be liable for restoring any client data or client websites except to the extent that such data loss arises out of a negligent act or omission by us.
19. BUSINESS & E-COMMERCE PLAN
You are responsible for complying with all relevant laws relating to e-commerce, and to the full extent permitted by law will hold harmless, protect, and defend and indemnify ITSWS Technologies and its subcontractors from any claim, penalty, tax, tariff loss or damage arising from your or your clients’ use of Internet electronic commerce.
20. OWNERSHIP OF DOMAIN NAMES AND WEB HOSTING (FILES)
We would book the domain name on your behalf and at any point in time you feel to move out for any reason we would do it in reasonable time and our transfer process is automated, fast and risk-free, so there’s nothing to worry about. And that means that moving your domain/ hosting (files) to any other service provider happens mostly in the background, leaving you with more time to work on your next big thing. Also the transfer happen, when you have no outstanding dues.
21. GOVERNING LAW
The agreement constituted by these terms and conditions and any proposal will be construed according to and is governed by the laws of Bangalore jurisdiction only. You and ITSWS Technologies submit to the non-exclusive jurisdiction of the courts in and of Bangalore in relation to any dispute arising under these terms and conditions or in relation to any services we perform for you.
22. Policy updates
ITSWS Technologies is permitted to revise these Terms of conditions/ services at any time as it sees fit, the orders taken prior to update of terms of conditions will also come under new terms of conditions (If you think the changes made will affect your projects, you need to update us within 10 days of terms of conditions being updated). And by using this Website you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of this Website.
Last Update on: 15-June-2018