Standard Terms & Conditions
These are the standard terms and conditions for Website Design and Development and apply to all contracts and all work
undertaken by vivek jamwal for its clients.
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 but subject to the terms of the “approval of work” and “rejected work” clauses. We reserve the right not to commence any work until the deposit has been paid in full.
The 50% deposit is only refundable if we have not fulfilled our obligations to deliver the work required under the
agreement. The deposit is not refundable if the development work has been started and you terminate the contract through no fault of ours.
Supply of Materials
You must supply all materials and information 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. Where there is 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.
Where you fail to supply materials, and that prevents the progress of the work, we have the right to invoice you for any part or parts of the work already completed.
Variations
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 at the rate of Rs1000.00 per page
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.
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 7 days of such notification. Any of the work which has not been reported in writing to us as unsatisfactory within the 7-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 50% balance of the project price will become due.
Rejected work
If you reject any of our work within the 7-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.
Payment
Upon completion of the 7-day review period, we will invoice you for the 50% balance of the project.
Warranty by you as to ownership of intellectual property right
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.
Licensing
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.
Search Engines
We do not guarantee any specific position in search engine results for your website. We perform basic search engineoptimization according to current best practice.
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 inperformance or completion of our contract, however that delay arises.
Disclaimer
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) relatingin any way to the services we provide to you are excluded. Without limiting the above, to the extent permitted by law, any liability of Vivek Jamwal @ 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.
Subcontracting
We reserve the right to subcontract any services that we have agreed to perform for you as we see fit.
Non-Disclosure
We (and any subcontractors we engage) agree that we will not at any time disclose any of your confidential information to any third party.
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.
Backups
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.
Ownership of Domain and Hosting
We will supply to you account credentials for domain name registration and/or web hosting that we purchased on your behalf when you reimburse us for any expenses that we have incurred.
By clicking the “I Agree” button at the bottom of the Web Hosting Agreement page, you accept these terms and conditions and acknowledge that your use of Vivek Jamwal ( Online Web Design Services ) services is subject to certain limitations set forth below. If you do not accept these terms, do not proceed with the sign-up process.
Vivek Jamwal ( Online Web Design Services ) will not be held responsible for the content of Web sites using our service. While it might host user Web sites, it does not verify,endorse, or otherwise take responsibility for the content of any user-created pages. However, we reserve the right to remove any account from our servers which
we determine is violating our rules and guidelines.
I am terminate user accounts at any time, without notice, for conduct that violates these guidelines or for any other reason. I am terminate user accounts and delete any and all user information and data for conduct that i believes is harmful to the business of me or to any of its users or partners. The following is a nonexclusive list of content and behaviors that are UNACCEPTABLE me:Content that contains or contains links to nudity,pornography, obscenity, adult content, sex, extreme violence, or foul language.Content or activity that condones, promotes, contains, or links to warez, cracking, hacking, phreaking or viruses and their associated utilities, or other piracy-related information, whether for educational purposes or not.
Content that has been promoted through the sending of unsolicited email (spamming), “bulk-mailing,” or mail
fraud schemes, or pages that promote or condone the sending of unsolicited email.Content that commits acts of copyright, trademark, patent, trade secret or other intellectual property infringement. Content that is racist, or otherwise extremely offensive to others, including content which aggravates, harasses, threatens, defames, or abuses others.
1. Copyright. The client represents that all graphics and text including logos, trademarks and photos provided to web designer do not violate Indian copyright law.All images displayed on the client’s web site will only be used after authorization by the client and are the sole
responsibility of the client regarding usage and copyright. Should any legal issues or claims arise from the content or copyright of any images supplied by the client, they will be the sole responsibility of the client.
2. Continuing Web Site Maintenance. Once the site is complete, if the client needs continuing web site maintenance, (edits,changes, additions, removal or changes of products or graphics) this will all be done for a monthly fee.
3. Changes. Vivek Web Design is not responsible for other contractors, developers or designers who may edit the Clients web site or change code that is authorized by the client. There will be a fee to restore the site in case of loss or corruption of original design.
4. Domain name. It is the responsibility of the client to renew their domain names when due. If a domain name expires,Vivek Web Design can not be held liable for this.
5. Web Hosting Services. The management and hosting of the domain name are the full responsibility of the client. www.vivekjamwal.in
6. Loss or Damage. Vivek Web Design is not liable for loss, damage or corruption to files or information stored on servers or individual PC’s relating to a client’s web site. The client is solely responsible for any information or files relating to their web site. There will be a fee to restore the site in case of loss or corruption of original design.
