This is an important document so please read it carefully.
These terms and condition are applicable to all website designing, website development, and application development projects undertaken by AKS WebSoft Consulting Pvt Ltd.
The signing of a quote by the Client will constitute the placing of an order and will confirm acceptance of the conditions set out below.
In this agreement the terms have the following meaning:
"AKS WebSoft Consulting" means AKS WebSoft Consulting Pvt. Ltd., a company having its office at: WA-117, First Floor, New Patparganj Road, Shakarpur, New Delhi – 110092, India.
"The Client" means any person, company, partnership or organization.
"The Agreement" means the contract between AKS WebSoft Consulting Pvt. Ltd. and the Client to which these conditions apply.
- Agreement: The agreement means the contract between AKS WebSoft Consulting Pvt. Ltd. and the Client to which these conditions apply.
- Quotation: This refers to a document provided by AKS WebSoft Consulting to client which includes pricing according to requested service. Quotations are valid for 30 days after that AKS WebSoft consulting has full rights to decline the quote after expire and AKS WebSoft will alter and resubmit the quote for a valid time period.
- Charges: All the web development project pricing attract service tax @ 12.36% at present. AKS WebSoft Consulting will require 50% as an upfront payment or minimum Rs. 10,000.00 whichever is higher before commencing the work. The remaining payment will be due upon completion of the work and prior to upload it on a server. AKS WebSoft Consulting will do a final review after completion of the project and reevaluate project cost upon any extra work or web pages and client needs to pay for that as per the pricing given in the quotation.
- Payments: Invoice will be provided by AKS WebSoft Consulting after completion of the work via email or hard copy. Invoices are due within 10 days of receipt after which a remainder will be sent to client and if invoice will not clear after 15 days AKS WebSoft Consulting have full rights to stop all services (website or software) and support.
- Liability: AKS WebSoft Consulting hereby excludes itself, it's employees, directors and agents from: - all and any liability for loss or damage caused by any inaccuracy; delay or error, whether the result of negligence or other cause in the production of the web site; All and any liability for loss or damage to Clients artwork / photos / content, supplied for the web site or related services. Immaterial whether the loss or damage results from negligence or otherwise.
- Project Timeline: Project timeline will be decided mutually on the basis of type & quantity of work and this will be only an estimated timeline. During the development process AKS WebSoft Consulting will review the work and reevaluate timeline and notify it to the client accordingly.
- Content & Images: During the project client needs to provide all content and images needed in website delay in providing the same will result into exceeding project timeline as decided. AKS WebSoft Consulting will not copy or take images and content from any other website until unless provided by client in written or provided a proof of ownership of that website.
- Project Termination & Refund: Termination of the Web Development project or any services by the Client must be requested in writing and will be effective on receipt of such notice. The Client will be invoiced for design work completed till the date of first notice of cancellation received. AKS WebSoft Consulting also have the full right to terminate the Agreement with immediate effect by notice in writing to the Customer if the Customer fails to make any payment when it becomes due.
AKS WebSoft Consulting has a NO REFUND policy, if any kind of work started. Refund will only occur before starting of the project, AKS WebSoft Consulting is only liable to refund 30% of the advance payment.
- Copyright / Trademarks: It is the Client's obligation to ensure that any material being supplied and / or uploaded to the Client's Website, either by AKS WebSoft Consulting or directly by the Client, is not in breach of copyright, trademarks or other third party intellectual property rights and The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting permission and rights for use of the same to AKS WebSoft Consulting. AKS WebSoft Consulting accepts no responsibility for the Client's actions in either uploading material to any AKS WebSoft Consulting authorized web space, or to any other web space on any server on the World Wide Web.
- Software/Website Material: Website/Software original files like source code / PSD / FLa file is only property of AKS WebSoft Contulting, Website/Software's owner [client] can't claim any ownership on original files. AKS WebSoft Consulting will charge for original files if client want to purchase, the cost of original files will vary from project to project, minimum cost of original files are aprox 4-5 times of the whole projects.
- FTP Details: If the Client's Web site is to be hosted on a third-party server, we must be granted temporary read / write access to the Client's storage directories.
- Domain Registration: AKS WebSoft Consulting shall organize and arrange domain registration of the Client's preferred name with the appropriate domain registration authority only when client need and given a written mail for the same. The domain will be owned and registered in the Client's name, and become the property of the Client once the fees for the same have been paid by the Client to AKS WebSoft Consulting. In the event that the fees remain unpaid then AKS WebSoft Consulting shall retain ownership and control of the domain names and it shall be entitled to licence, assign, sell or make use of the domain names itself as it sees fit. Moreover client is entitled to pay the renewal fees of the domain name every year.
- Adult Material: AKS WebSoft Consulting will not give any permission for upload any kind of adult material over the web space provided on AKS WebSoft Consulting server. Includes all pornography, erotic images, or otherwise lewd or obscene content.
- Project Delivery: As far as the project delivery is concern AKS WebSoft Consulting will only upload website on server or make it live only when full payment is done. AKS WebSoft Consulting will not handover any files / folder related to website to the client until unless all the payments are cleared.