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 “ItsMyWebsite.in” herein referred to as “ItsMyWebsite” for its clients.
NON-DISCLOSURE 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.
OUR FEES AND DEPOSITS A 100% deposit or as per terms you choose(like EMI) at the checkout/transaction/final payment page, the total fee payable under our proposal is due immediately upon you instructing us to proceed with the website design and development work. If you choose EMI feature then you need to grant via Bank or Credit Card for auto-deduction of dues lies for subsequent months/period. We reserve the right not to commence any work until the deposit has been paid in full. The deposit you paid in advance is totally refundable if we have not booked the domain, not developed website, not hosted it anywhere. Refund is applicable 30 days since you payment date. We start development same or next day of payment and standard delivery is max 1 week.
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 as per the variations.
FEATURES There are certain standard features defined for Brand and E-Commerce websites. Prices are given to incorporate standard features only. Any extra features which takes extra effort or have to purchase from 3rd party will be payable extra as it cost.
BRAND WEBSITE – FEATURES Brand Website term used to make standard branding website like using standard template then create 5-6 standard pages like Home, About, Services, Portfolio/Samples/Gallery, Dynamic Contact Us with Google Map and Admin panel to manage these pages/content. You may add extra page/content by own after we deliver standard functional website. Term standard means material shouldn’t be lengthy.
E-COMMERCE WEBSITE – FEATURES E-Commerce Website term used to make standard e-commerce website having features like Product Category, Products (with Title, Description, Price, Quantity, Review & Rating, Add to Wishlist, Add to Cart), Product Cart with Quantity update, Checkout Page to collect Billing/Shipping information, 1 Standard payment gateway like CCAvenue, PayTM, PayUMoney, PayPal, Authorize.Net. Additionally you may ask to add Pay by Cheque, Cash On Delivery methods. We will use as is whatever we receive from 3rd party like WordPress. Apart from this, Any of your demand for features or customisation will subject to analyse. When we analyse, if we find it doable free of cost then definetly we will help otherwise it will cost extra as per effort or 3rd party price offers.
LOOK & FEEL (TEMPLATE) We will make all pages consistent as per template and it will be totally responsive and adjustable as per device and resolution. We will test responsiveness in all major browser like Google Chrome version 55+, Mozilla Firefox version 50+, Microsoft Internet Explorer 8+, Apple Safari version 5+. We already have 100s of template tested and ready to use which we will use in your website. If you demand different template to use will be subject to analyse for feasibility and adoptability. If all goes ok then we will implement that free for you otherwise it will cost extra as per effort.
MAINTENANCE Free maintenance is limited to keep website live all the time(upto 99.9%) and resolving error/bug if comes. There is no feature enhancement or content change or look & feel change or any other kind of activities covered under this. Paid Maintenance can be discussed and as per task/activities/amount of work we product fixed or flexible invoice as per agreement between you and ItsMyWebsite.
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 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.
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.
PAYMENT Upon completion of the work/extra-work and 3-day review period, we will invoice you for the remaining balance of the project you owe which will be payable within 3-5 day max.
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 provided regular renewal of subscription is done on or before expiry of the term.
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) 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 ItsMyWebsite 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.
CROSS BROWSER COMPATIBILITY By using current versions of well supported content management systems such as “WordPress”, we endeavour 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.
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.
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.
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.
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.
SUBCONTRACTING We reserve the right to subcontract any services that we have agreed to perform for you as we see fit.
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 We are responsible for maintaining your website backups with respect to your website which we take weekly only(Only on every Saturday) and we will not be liable for restoring any client data or client websites if it grown in-between and certainly loosed after our backup process end. At that period, If you are using cPanel plan then you are responsible to take hourly or daily backups to ensure realtime 100% backup otherwise to the extent that such data loss arises out of a negligent act or omission by us.
BRAND & 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 ItsMyWebsite and its subcontractors from any claim, penalty, tax, tariff loss or damage arising from your or your clients’ use of Internet electronic commerce.
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.
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 Gautam Buddh Nagar (Noida, Uttar Pradesh, India) jurisdiction only. You and ItsMyWebsite submit to the non-exclusive jurisdiction of the courts in and of Gautam Buddh Nagar in relation to any dispute arising under these terms and conditions or in relation to any services we perform for the same.
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