Terms & Conditions
1. Acceptance
It is not necessary for any Client to have signed an acceptance of these terms and
conditions for them to apply. If a Client accepts a quote then the Client will be
deemed to have satisfied themselves as to the terms applying and have accepted these
terms and conditions in full. Please read these terms and conditions carefully.
Any purchase or use of our services implies that you have read and accepted our
terms and conditions.
2. Charges
Charges for services to be provided by AppiLogics IT Solutions are defined in the
project quotation that the Client receives via e-mail. Quotations are valid for
a period of 30 days. AppiLogics IT Solutions reserves the right to alter or decline
to provide a quotation after expiry of the 30 days. Unless agreed otherwise with
the Client, all website design services require an advance payment of a minimum
of fifty (50) percent of the project quotation total before the work is supplied
to the Client for review. A second charge of fifty (50) percent of the project quotation,
will be due upon completion of the work, prior to upload to the server or release
of materials.
*For Websites below Rs.10,000, full advance payment should be paid.
Payment for services is due by cheque or bank transfer. Cheques should be made payable
to AppiLogics IT Solutions Pvt. Ltd. and sent to Kamaksha Complex, Near Hamsafar
Hotel, Sundernagar, Distt. Mandi, Himachal Pradesh. Bank details will be made available
on invoices.
3. Client Review
AppiLogics IT Solutions will provide the Client with an opportunity to review the
appearance and content of the website during the design phase and once the overall
website development is completed. At the completion of the project, such materials
will be deemed to be accepted and approved unless the Client notifies AppiLogics
IT Solutions otherwise within ten (10) days of the date the materials are made available
to the Client.
4. Turnaround Time and Content Control
AppiLogics IT Solutions will install and publicly post or supply the Client's website
by the date specified in the project proposal, or at date agreed with Client upon
AppiLogics IT Solutions receiving initial payment, unless a delay is specifically
requested by the Client and agreed by AppiLogics IT Solutions. In return, the Client
agrees to delegate a single individual as a primary contact to aid AppiLogics IT
Solutions with progressing the commission in a satisfactory and expedient manner.
During the project, AppiLogics IT Solutions will require the Client to provide website
content; text, images, movies and sound files
5. Failure to provide required website content:
AppiLogics IT Solutions is a small business, to remain efficient we must ensure
that work we have programmed is carried out at the scheduled time. On occasions
we may have to reject offers for other work and enquiries to ensure that your work
is completed at the time arranged. This is why we ask that you provide all the required
information in advance. On any occasion where progress cannot be made with your
website because we have not been given the required information in the agreed time
frame, and we are delayed as result, we reserve the right to impose a surcharge
of up to 25%. If your project involves Search Engine Optimization we need the text
content for your site in advance so that the SEO can be planned and completed efficiently.
If you agree to provide us with the required information and subsequently fail to
do within one week of project commencement we reserve the right to close the project
and the balance remaining becomes payable immediately. Simply put, all the above
condition says is do not give us the go ahead to start until you are ready to do
so. NOTE: Text content should be delivered as a Microsoft Word, email (or similar)
document with the pages in the supplied document representing the content of the
relevant pages on your website. These pages should have the same titles as the agreed
website pages. Contact us if you need clarification on this. Using our content management
system you are able to keep your content up to date yourself.
6. Payment
Invoices will be provided by AppiLogics IT Solutions upon completion but before
publishing the live website. Invoices are normally sent via email; however, the
Client may choose to receive hard copy invoices. Invoices are due upon receipt.
Accounts that remain unpaid thirty (30) days after the date of the invoice will
be assessed a service charge in the amount of the higher of two and one-half percent
(2.5%) or Rs.2500/- per month of the total amount due.
7. Additional Expenses
Client agrees to reimburse AppiLogics IT Solutions for any additional expenses necessary
for the completion of the work. Examples would be purchase of special fonts, stock
photography etc.
8. Web Browsers
AppiLogics IT Solutions makes every effort to ensure websites are designed to be
viewed by the majority of visitors. Websites are designed to work with the most
popular current browsers (e.g. Firefox, Internet Explorer 8 & 9, Google Chrome,
etc.). Client agrees that AppiLogics IT Solutions cannot guarantee correct functionality
with all browser software across different operating systems. AppiLogics IT Solutions
cannot accept responsibility for web pages which do not display acceptably in new
versions of browsers released after the website have been designed and handed over
to the Client. As such, AppiLogics IT Solutions reserves the right to quote for
any work involved in changing the website design or website code for it to work
with updated browser software.
9. Default
Accounts unpaid thirty (30) days after the date of invoice will be considered in
default. If the Client in default maintains any information or files on AppiLogics
IT Solution's Web space, AppiLogics IT Solutions will, at its discretion, remove
all such material from its web space. AppiLogics IT Solutions is not responsible
for any loss of data incurred due to the removal of the service. Removal of such
material does not relieve the Client of the obligation to pay any outstanding charges
assessed to the Client's account. Cheques returned for insufficient funds will be
assessed are turn charge of Rs.2000/- and the Client's account will immediately
be considered to be in default until full payment is received. Clients with accounts
in default agree to pay AppiLogics IT Solutions reasonable expenses, including legal
fees and costs for collection by third-party agencies, incurred by AppiLogics IT
Solutions in enforcing these Terms and Conditions.
10. Termination
Termination of services by the Client must be requested in a written notice and
will be effective on receipt of such notice. E-mail or telephone requests for termination
of services will not be honored until and unless confirmed in writing. The Client
will be invoiced for design work completed to the date of first notice of cancellation
for payment in full within thirty (30) days.
11. Indemnity
All AppiLogics IT Solutions services may be used for lawful purposes only. You agree
to indemnify and hold AppiLogics IT Solutions harmless from any claims resulting
from your use of our service that damages you or any other party.
12. Copyright
The Client retains the copyright to data, files and graphic logos provided by the
Client, and grants AppiLogics IT Solutions 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
AppiLogics IT Solutions permission and rights for use of the same and agrees to
indemnify and hold harmless AppiLogics IT Solutions from any and all claims resulting
from the Client's negligence or inability to obtain proper copyright permissions.
A contract for website design and/or placement shall be regarded as a guarantee
by the Client to AppiLogics IT Solutions that all such permissions and authorities
have been obtained. Evidence of permissions and authorities may be requested. Complete
Source code of the website will be retained only by AppiLogics IT Solutions until
or unless any agreement was signed between the AppiLogics IT Solutions and the client
for the same.
13. Standard Media Delivery
Unless otherwise specified in the project quotation, this Agreement assumes that
any text will be provided by the Client in electronic format (ASCII text files delivered
on floppy disk or via e-mail or FTP) and that all photographs and other graphics
will be provided physically in high quality print suitable for scanning or electronically
in .gif, .jpeg, .png or.tiff format. Although every reasonable attempt shall be
made by AppiLogics IT Solutions to return to the Client any images or printed material
provided for use in creation of the Client's website, such return cannot be guaranteed.
14. Design Credit
A link to AppiLogics IT Solutions will appear in either small type or by a small
graphic at the bottom of the Client's website. If a graphic is used, it will be
designed to fit in with the overall site design. If a client requests that the design
credit be removed, a nominal fee of 10% of the total development charges will be
applied. When total development charges are less than Rs.100000/-, a fixed fee of
Rs.10000/- will be applied. The Client also agrees that the website developed for
the Client may be presented in AppiLogics IT Solution's portfolio.
15. Access Requirements
If the Client's website is to be installed on a third-party server, AppiLogics IT
Solutions must be granted temporary read/write access to the Client's storage directories
which must be accessible via FTP. Depending on the specific nature of the project,
other resources might also need to be configured on the server.
16. Post-Placement Alterations
AppiLogics IT Solutions cannot accept responsibility for any alterations caused
by a third party occurring to the Client's pages once installed. Such alterations
include, but are not limited to additions, modifications or deletions.
17. Domain Names
AppiLogics IT Solutions may purchase domain names on behalf of the Client. Payment
and renewal of those domain names is the responsibility of the Client. The loss,
cancellation or otherwise of the domain brought about by non or late payment is
not the responsibility of AppiLogics IT Solutions. The Client should keep a record
of the due dates for payment to ensure that payment is received in good time.
18. General
These Terms and Conditions supersede all previous representations, understandings
or agreements. The Client's signature below or payment of an advance fee constitutes
agreement to and acceptance of these Terms and Conditions. Payment online is an
acceptance of our terms and conditions.
19. Liability
AppiLogics IT Solutions hereby excludes itself, its Employees and or Agents from
all and any liability from: Loss or damage caused by any inaccuracy; Loss or damage
caused by omission; Loss or damage caused by delay or error, whether the result
of negligence or other cause in the production of the web site; Loss or damage to
clients' artwork/photos, supplied for the site, Immaterial whether the loss or damage
results from negligence or otherwise. The entire liability of AppiLogics IT Solutions
to the Client in respect of any claim whatsoever or breach of this Agreement, whether
or not arising out of negligence, shall be limited to the charges paid for the Services
under this Agreement in respect of which the breach has arisen.
20. Severability
In the event any one or more of the provisions of this Agreement shall be held to
be invalid, illegal or unenforceable, the remaining provisions of this Agreement
shall be unimpaired and the Agreement 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.