• All site content (text and multimedia) will be the sole responsibility of the client to provide to DESIREDSOFT. Such should be provided prior to commencing the work.
• Client is solely responsible to take proper back-up of all content on their site prior to letting DESIREDSOFT undertake the required course of action towards meeting the contract. Any loss or damage to existing data shall not be a responsibility of DESIREDSOFT under any circumstances.
• The Contract does not hold DESIREDSOFT responsible for any data entry, web hosting or custom artwork/graphics related work/tasks unless otherwise specifically mentioned, paid for and agreed to by both the parties towards such. Any artwork, images, or text supplied and/or designed by DESIREDSOFT on behalf of the client, will remain the property of DESIREDSOFT and/or its suppliers unless otherwise agreed.
• While DESIREDSOFT will do its best to achieve all deliveries within the estimated time, there may, at times, be the need to extend or adjust time in cases of any unavoidable and non-forecasted situations like those of deployment issues, dependencies, 3rd-party support, development bottle-necks, resource unavailability due to emergency, communication delays and the like.
• DESIREDSOFT will provide the Client an opportunity to review the appearance and content of the Web site during the design and once they are completed. DESIREDSOFT shall wait for a period of 7 days to hear any feedback on such shared work/outputs from the client. In the event of client not replying within this period, such material will deem to have been automatically accepted and approved by the Client.
Intellectual Copyright and 3rd Party Compliance• The Client retains the copyright to data, files and graphic logos provided by the Client and grants DESIREDSOFT the rights to publish and use such material. 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 DESIREDSOFT permission and rights for use of the same and agrees to indemnify and hold harmless DESIREDSOFT from any and all claims resulting from the Client's negligence or inability to obtain proper copyright permissions. A contract for Web site design and/or placement shall be regarded as a guarantee by the Client to DESIREDSOFT that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
• DESIREDSOFT will not accept responsibility for any alterations caused by the Client or a third party occurring to the Client's pages/website once installed/deployed. Such alterations include, but are not limited to additions, modifications or deletions. DESIREDSOFT may require a one-off Web Development charge before resolving any issues that may arise.
Payments• DESIREDSOFT accepts payments by Cheque, Cash or Bank Transfers (although we reserve the right to decline payment in any of these forms without notice). Without limitation, DESIREDSOFT reserves the right to withdraw any payment methods at any time and to vary its prices without prior notice.
• A cancellation fee may be charged if the Customer cancels the Service prior to completion. The fee will be equal to the amount of work completed at the point of cancellation.
• A non-payment of cancellation fee and/or over-due amount will result in legal action upon necessity.
Support• As the site launches, we offer free support for the first month. After one month of free service, we charge according to our various price packages best-suited to client's requirement. We also provide attractive discounts if the client chooses a higher price package. The scope of support only includes any bug fixing and email support and excludes any issues related to the site architecture, rule changes and add-ons/enhancements.
• Any 3rd-Party support, product and/or service being used/ integrated into the site which requires licensing, payment, copyright, etc. shall be the sole responsibility and liability of and be provided by the client or will be procured by DESIREDSOFT on behalf of the client on pre-payment for the cost of such procurement. The fee charged by DESIREDSOFT is exclusive of out-of-pocket expenses and expense claims filed by third party products/services involved.
• No guarantees or warranties shall be provided by DESIREDSOFT for the accuracy or performance of such 3rd-Party product/service.
Re-work, Enhancements/ Add-ons and Billing• Any additional features not envisaged in the scope of work would be entertained through a Change Management process and be additional billed. Scope Creeps after wireframe sign off would be billed as additional and time lines and cost for delivery would increase.
• Most tweaks such as minor changes/re-work are normally just completed, however, if we feel this is being abused, we will build a list of works found being the grounds of abuse and bill such additionally per the total time efforts involved and undertaken to achieve the work/tasks at business rates ranging from US $ 15 to 20 per hour.
• Whilst we try our best to cover most changes within the budget of the site, some changes are classified as enhancements/add-ons to the system and become chargeable; we will advise you before we start work of any such items.
• Any re-work, change or tweak request by the client post approval and/or furthering to the subsequent stage of project process shall be treated as add-on work and be additionally billed.
• The client must pay the fee charged by DESIREDSOFT without any deductions, discounts, or debt settlement by the agreed due dates.
Approvals and Delivery• The project will involve various stages and the work for the next stage will only start after receiving the sign off on and relevant payments for the previous stage as agreed.
• On completion of the Service (Website design and/or website development), the website will be uploaded to the Customer area of DESIREDSOFT server for approval. Upon approval by the Client, the website will be uploaded to the destination server where the site shall stay. DESIREDSOFT reserves the right to delay uploading of the website until full payment has been received.
• All code and material developed will be transferred post completion of project and after sign offs. The code ownership will reside with the client after final payments.
• DESIREDSOFT holds the Right to publish and use the completed work and/or even the deployed final produce/website for references to other potential clients. In circumstances such is required to be withheld, client shall notify DESIREDSOFT well in advance and request prior and proper approvals towards the same.
Timescale• DESIREDSOFT will aim to complete all services within the agreed timescale. The timescale will commence on receipt of both the agreed % deposit (ranging from 30% to 50% of the project price as mutually discussed and agreed prior to contract finalization) as acceptance and all website content from the Customer.
• DESIREDSOFT may need to extend any timescales due to circumstances beyond its control. Jurisdiction
• These terms shall be governed by and interpreted in accordance with Indian Law in the state of Madhya Pradesh. The parties irrevocably agree that the courts of India shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms and Conditions.
• The placing of an order will confirm acceptance of these conditions which are attached to the Order.
• In case of any disputes with client and employee , the matter should be dealt with respective courts in the city of DESIREDSOFT establishment ( indore , MP).
Severability• In the event any one or more of the provisions of this Agreement and/or Order shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement and/or Order shall be unimpaired and the Agreement and/or Order shall not be void for this reason alone.
• Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid, illegal or unenforceable provision.