Webtechx will carry out work only where an agreement is provided either by order form, email, mail or fax. Webtechx will carry out work only for clients who are 18 years of age or above. An 'order' is deemed to be a written or verbal contract between Webtechx and the client, this includes email agreements.
In this agreement the terms have the following meanings:
(A) “The Client” or “Customer” means any person, company, partnership, organization or body at whose application, Webtechx agrees to provide the products and/or services under the terms of the agreement.
(B) “The Agreement” means the contract between Webtechx and the Client to which these conditions will apply.
(C) “The Order Form” mean the digital or printed document completed by the client in order to enter the Agreement.
(D) “Order” is the request by the Client for products and/or services in the order form/agreement.
(E) “Completion of site” means 5 days from the site being uploaded to a temporary site on the server of Webtechx, for approval by the client, without notification from the client that the site is unsatisfactory.
(F) "Deliverables" are the outputs of services to be supplied under the agreement and shall include but are not limited to, all software and written material, including programs, tapes, and listings and other programming documentation
This agreement shall apply to all goods and/or services ordered by the client from Webtechx. Regardless of the place of signing of this agreement, the client agrees that for purposes of venue, this agreement was entered into in Chennai, Tamilnadu, India.
An up-front payment of 50% of the total fee is due with order, unless otherwise agreed, in which case payment is due upon completion of website and/or any other services as per order form. Whilst any payment due under the agreement remains outstanding, Webtechx shall be entitled at its sole and absolute discretion to withhold provision of any goods or services it would otherwise be obliged to provide under the agreement. All payments by cash, cheque, bankers/demand draft or money order must be made in Indian Rupees [INR]. All credit card
and debit card transactions will be processed Indian Rupees [INR].
Unless otherwise agreed between Webtechx and client, Webtechx must receive payment prior to commencement of services. Cheques are subject to standard clearance times. Receipt of payment by Webtechx does not constitute an acceptance of payment and thus contract. Webtechx reserves the right to refuse service where we have offered no participation in contract and payment has been received. In such case, any payment will be refunded.
Depending upon the service requested, Webtechx might restrict the method of payment.
Webtechx hereby excludes itself, its Employees and or Agents from:- all and any liability for loss or damage caused by any inaccuracy; omission; delay or error, whether the result of negligence or other cause in the production of the web site and/or any other services; All and any liability for loss or damage to clients artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.
Any web page; design or entire site designed or any other services provided by Webtechx carries a copyright, and cannot be reproduced without written consent. The placing of an order by the client or other person/Agency on behalf of the client constitutes a guarantee that all necessary authority and permissions have been obtained in respect of the artwork, design and photographs, for use in the advertisement and/or other services. The Advertiser/customer must indemnify Webtechx in respect of all actions; proceedings; costs demands and claims arising from any such breach.
Acceptance of Conditions:
The placing of an order will confirm acceptance of the aforementioned conditions. Conditions stipulated on our Order Form shall be regarded as void, if they are in conflict with our conditions.
These conditions and all other express terms of contract shall be governed and construed in accordance with the laws of India. Any dispute will be litigated or arbitrated in Chennai, Tamilnadu, India.
Electronic Commerce Laws and Cyber Laws:
The client agrees that the client is solely responsible for complying with such laws, taxes and tariffs, and will hold harmless, protect, and defend Webtechx and its subcontractors from any claim, suit, penalty, tax or tariff arising from the client's exercise of Internet electronic commerce.
In the event any one or more of the provisions of this Agreement and/or Order Form shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement and/or Order Form shall be unimpaired and the Agreement and/or Order Form 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.
Client agrees that it shall defend, indemnify, save and hold Webtechx harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal / attorney's fees asserted against Webtechx, its agents, its customers, officers, employees, and any other businesses Webtechx may use in the provision of services that may arise or result from any service provided or performed or agreed to be performed or any product sold to customers, and / or customers agents, employees, and customers. Customer agrees to defend, indemnify and hold harmless Webtechx against liabilities arising out of;
(1) any injury to person or property caused by any products sold or otherwise distributed in connection with Webtechx services;
(2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party;
(3) copyright infringement and
(4) any defective products sold to customer via Webtechx.
Webtechx will not be responsible for any damages your business may suffer. Webtechx makes no warranties of any kind, expressed or implied for services we provide. Webtechx disclaims any warranty or merchantability or fitness for a particular purpose for a product or service where no such warranty is given in writing. This includes loss of data resulting from delays, non deliveries, wrong delivery, and any and all service interruptions caused by Webtechx, its employees, other businesses used in provision of services by Webtechx, and the Internet. Webtechx reserves the right to revise its policies at any time. Webtechx will not be responsible for any unforeseen happenings and will not be held for the happenings like server break down, damages through viruses, change of governmental policies etc. Webtechx uniquely reserves the rights of changing its policies and procedures at any time without prior notice.
Terms and conditions for website and web technology related projects:
The named client is engaging Webtechx, as an independent contractor for the specific web design project of developing and/or improving a web site, hereinafter referred to as "web design project" to be installed on the client's account on an Internet Service Provider (ISP) / Web Presence Provider (WPP) computer, hereinafter refer to as "Hosting Service". The client hereby authorizes Webtechx Service to access this account, and authorizes the Hosting Service to provide Webtechx with "full access" to the client's account, and any other programs needed for this web design project that are included as part of the client's service agreement/level. The client also authorizes Webtechx to submit the completed web design project to major Web Search Engines.
Domain Registration Services:
Webtechx will act as an agent in acquisition of a domain name (or names) on a customer's behalf. Where no sufficient customer details are initially supplied, Webtechx.com will register the name using our details until such details are available. In the case Complete website and development project the rights of domain name panel will be held with Webtechx We will act in good faith as advised by customer in terms of administrative contact, billing contact, etc. and endeavor to provide payment reminders to customer via e-mail in reasonable time before re-registration is due. Customer however accepts that this is dependant upon the information being supplied to us / received by us from the relevant registration bodies in timely fashion, and indemnify us against any losses, liabilities, costs and claims as a result of late / non receipt of such information.
Only on full payment has been made ownership of the domain name will be the customers, otherwise the domain name will remain the property of Webtechx until such time as payment is made. However even if the registrant status is with Webtechx, the client takes the full responsibility for the due course actions of the project.
Renewal of domain got to be made at least fifteen days prior to the expiry of the domain name, Unless renewed, the domain shall automatically get deleted on the expiry of the period and 'Webtechx' will not be held responsible for any loss of data due to negligence of client in keeping a track of expiration of contract. Webtechx also provides automatic administrative renewal for the domain every year for which the client is expected to make the payment immediately on presentation of the invoice for renewal, however automatic renewal process is not obligatory on the par t of Webtechx.
Webtechx will not charge to transfer a domain into our services (i.e. so that we maintain it for you) unless costs are involved. In such cases customer agrees to meet such costs. However a specific amount as fixed time to time will be collected for transfer of domain and transfer of services from Webtechx.
Webtechx is a low cost solution provider where you are provided an agreed amount of space on a server to allow your website to be viewed by the Internet community (provided that you have a valid domain name). As a hosting account holder with Webtechx you are not permitted to resell or give away web hosting services provided by Webtechx to any other party, and you agree that the account and hosting services will be for your exclusive personal / business use only. You also agree to provide us with the details of any other party who may be given access to your services, including your web space (server space) provided in our service to you, unless this is simply for the purpose of an e-mail account.
* Services/Prices may change without notice and those prevailing at the time would be applicable. * Minimum contract period is 12 months.
* Sub-hosting/Reselling is not permitted. * The Purchase Order must be accompanied with 100% advance payment. * The charges are valid for the specified period only and the hosting can be renewed for a further specified period. * Unless renewed, the hosting shall automatically stand cancelled on the expiry of the period and 'Webtechx' will not be held responsible for any loss of data due to negligence of client in keeping a track of expiration of contract. Webtechx also provides automatic administrative renewal for the hosting every year for which the client is expected to make the payment immediately on presentation of the invoice for renewal, however automatic renewal process is not obligatory on the par t of Webtechx.
Webtechx does not guarantee hundred percent uptime for the server availability. However greater care will be taken for availability of server uptime. Webtechx also reserves the rights for making temporary suspension of hosting accounts for maintenance purposes, during which the website will not be available online.
The hosting account holder agrees to be responsible for the content stored on server space provided by Webtechx, and agrees not to allow any of the following content to be stored whether accessible / visible via the internet or not:
1) Any illegal materials including copyrighted works, commercial audio, video, or music files.
2) Any material in violation of Local, State, and / or Federal regulation.
3) Any material that could be deemed offensive
4) Adult material which includes any kind of pornography, erotic images, lewd or obscene content.
5) Any 'Warez' which includes pirated, illegal software, emulators, roms, password cracking, hacking, phreaking, IP spoofing software, etc. This also includes any written documentation in relation to such material, including but not limited to, 'how to' information and / or links to such materials.
6) Any software, scripts, documentation that will promote or facilitate spamming.
7) Any other content not provided in the list above that Webtechx does not deem to be acceptable for public viewing.
In the case of adult material that has genuine educational or artistic relevance, you agree to contact us before you store any such material in your provided server space and await our decision. In such circumstances, you will agree to provide us the material for viewing, and agree that Webtechx may discuss / show such material to relevant authorities in determination of suitability of the material for public consumption. Providing such content through password / protected areas etc. does NOT exclude the account holder from these terms.
From time to time, Webtechx may view the content of your web space to make sure these conditions are adhered to. Any serious breach of such conditions will result in immediate suspension of your account. Webtechx is committed to a zero tolerance policy in cases of gross illicit material, including child pornography. If any such material is found we will report your details immediately to the relevant authorities, and also provide them the material evidence concerned.
Services shall be deemed to have begun once payment has been successfully taken Webtechx and all necessary steps have been taken by Webtechx to start such services. Customer may cancel the contract with no loss at any time prior to payment being taken. Customer reserves the right to cancel the contract at any time, however refunds cannot be made once services have commenced.
Design Process :
Format & Interaction:
The client's preference if any, in respect of colors to be used as well as logo, symbols, specific visual etc. would be incorporated on advice. Interaction facility such as feedback, order form will also be provided if required.
A navigation system will be designed, highlighting important sections with suitable links to enable easy access to all visitors. Uploading : The web developers will prepare two different layouts to enable the client to choose the one according to his liking. These layouts will be exported as images and uploaded on our server without converting them to HTML format to enable the client to view the two layouts and give his final approval as to which has to be used.
The layout that has been finally approved by the client will be converted to HTML formats and optimized for the web. The site would be transferred to the client's URL on receipt of full and final settlement of payment from the client.
Text Updation :
Two text updation in the site in respect of address and similar minor changes either deletion or addition will be provided free of cost in the first month. It does not include updating replacing nearly all the text from a page with new text, major page reconstruction, new pages, guest books, discussion webs, navigation structure changes, attempted updates by client repairs or web design projects delivered to the client via diskette. The period of 1 month begins on the date; the date when client's web design site has been published to client's hosting service or 30 days from the date this agreement was signed, and which ever comes first. If the client's web design package includes database access using Active Server Pages (ASP), then very minor page code changes will be accepted under this maintenance plan, major page code and/or database structural changes will be charged at current hourly rates or according to the rates fixed otherwise by Webtechx.
Time Limit :
The client is requested to cooperate in our design work in their own interest by giving their final approval for the layouts on submission from our end. The client is expected to give their approval within three days maximum from the date of receipt of the layouts.
The client shall not incorporate any other business or activities of his or her associates on a particular site designed for him. Whilst every endeavor will be made to ensure that the website and any scripts or programs are free of errors, Webtechx cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.
The website, graphics and any programming code remain the property of Webtechx until all outstanding accounts are paid in full. Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by Webtechx remain the copyright of Webtechx and may only be commercially reproduced or resold with the permission of Webtechx.
Webtechx cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material. Any additions to the brief will be carried out at the discretion of Webtechx and where no charge is made by Webtechx for such additions, Webtechx accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions. The client agrees to make available as soon as is reasonably possible to Webtechx all materials required to complete the site to the agreed standard and within the set deadline.
Webtechx will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines. Webtechx will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner. Webtechx will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents. Webtechx will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents.
Once a website has been designed and completed the final balance of payment is then due in accordance with our payment terms. There are no exceptions to this, i.e. If the client decides they no longer want the site, as they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been done. Non-payment will result in legal action being taken if necessary.
Database, Application and E-Commerce Development :
Webtechx cannot take responsibility for any losses incurred by the use of any software created for the client. Any scripts, cgi applications or software (unless specifically agreed) written by Webtechx remain the copyright of Webtechx and may only be commercially reproduced or resold with the permission of Webtechx. Where applications or sites are developed on servers not recommended by Webtechx, the client is expected to provide or seek any information, additional software, support or co-operation pertaining to the server required in order for the application to be correctly developed. Where large applications are to be developed, it is the client's responsibility to provide a suitable testing environment, which is identical to the final production environment. The client is expected to test fully any application or programming relating to a site developed by Webtechx before being made generally available for use. Where "bugs", errors or other issues are found after the site is live, Webtechx will endeavor (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief.
Webtechx will endeavor to ensure that any developed/designed site or application will function correctly on the server it is initially installed in and that it will function correctly when viewed with the web browsing software Microsoft Internet Explorer Version 6 and to an acceptable level with Mozilla browsers. Webtechx can offer no guarantees of correct function with all browser software.
REQUIREMENTS FROM CLIENT SIDE:
To enable our web developers to bring out a result oriented site, the client's cooperation is necessary in providing all facts and figures in addition to all related materials to be incorporated in the site. We request our valued customers to supply the following so that we can design a web site for them to their satisfaction, successfully ensuring the desired returns:
Logo as depicted in: Business / Visiting Card, Letter Head, Any other source. Brochures, Photographs, Brief on the purpose of having the website Target Audience: whom the website addresses? Company Profile Date of incorporation, by whom and similar details
Type of company [proprietary, partnership, private or public limited etc. Name of the founder[s], promoter[s], partner[s], director[s], adviser[s] etc. A brief sketch of the above elaborating their qualifications and experience in the field
Vision & Mission Hierarchy of the Company: Board of Directors, Top executives etc. Number of employees. Future plans, Clientele and third party endorsements, Certifications. Product range [Details with photographs] / Processing [in case of manufacturing unit]. Services [in case of service oriented business/ industry- details and nature of services]
Details of client's preference such as:
Colour combination of the design [particular house colour if any]. Particular font style for the name of the company as used in the business card or letter head. Identical or different homepage and subsequent inner pages. Should the home page be concept oriented according to the nature of business or in a general appealing format. Number of pages. If animations [gif /flash] in respect of the logo, name of the company etc are required. Note: Animations consume more downloading time. Flash animations require flash player provided on the viewer's browser.
Bandwidth / Processor Utilisation Policy:
Depending upon the type of account, the bandwidth limit is fixed for every website and any other project. Most accounts are however supplied with an open bandwidth policy, to make possible by the use of servers with high bandwidth to customer ratios. However, Webtechx may find a customer to be using server resources to such an extent that he or she may jeopardize server performance and resources for other customers. In such instances, Webtechx reserves the right to suspend that site immediately. Such action is very rare, and in some circumstances it may be possible to resume such service for an additional fee.
Assignment of web design project:
Webtechx reserves the right to assign subcontractors to this web design project to insure that the terms of this agreement are met as well as on-time completion.
Copyright and Trademarks:
The client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Webtechx for inclusion in the web design project are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect and defend Webtechx and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.
General Terms and conditions for Web server space and Domain Name Registration
Validity of Web Space / Domain Name registration is for 1 year form the date of account creation / date of registration unless otherwise specified.
The service entitlement/ features are not transferable.
Official communication has to be sent to firstname.lastname@example.org
Accounts cannot be used for any of the following purpose:
Spamming or sending UCE (unsolicited commercial mail), software piracy, distribution of pornographic material, hacking or attempting to use machine or network resources for unlawful / illegal purposes.
Any account violating these rules will be terminated immediately and no refunds will be issued, not withstanding penal provisions under the Indian Cyber Laws enacted by the Government of India from time to time.
Data transfer charges per month will be applicable for clients who exceed the bandwidth limit set by the company.
Users must not attempt to access illegally or without authorisation, computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual's system (hacking).
Clients may not send email to anyone who does not wish to receive it. If a recipient asks to stop receiving email, the client must stop. Clients are expressly prohibited from sending bulk mail messages (“junk mail” or “spam”). This includes, but is not limited to, bulk mailings of commercial advertising, informational announcements, and political tracts. Such material may only be sent to those who explicitly requested it.
Users must not attempt to interfere with service to any user, host, or network (“denial of service attacks”). This includes, but is not limited to, “flooding” of networks, deliberate attempts to overload a service, and attempts to “crash” a host.
Users must also take necessary backups of the files and data of their own.
Clients must safeguard their account passwords to prevent unauthorised access to their account. If any information is lost due to a client not protecting their passwords Webtechx will not be held responsible.
Users must not engage in any activities that are determined to be illegal, including advertising, transmitting, or otherwise making available pyramid schemes, fraudulently charging credit cards, and pirating software.
Services are provided on 'as is' basis. Webtechx cannot and will not be held liable for any damages, whether direct, indirect, incidental or consequential that may arise out of use of our services.
Webtechx reserves the right to alter, amend or change these policies at any time. All accounts are required to comply with any changes made to these policies while their accounts are active. Notification of any major changes to the policies will be emailed to all accounts.
Webtechx reserves the right to terminate the services of any kind / deactivate the website, being offered to its clients due to non-receipt of payment dues of any kind without prior notice.
Webtechx reserves the right not to accept accounts for hosting for any reason it deems appropriate. We also reserve the right to cancel an account at anytime, for any reason, with 15 days notice. Accounts that violate any of the terms of service stated within this document, including late payment or non-payment of fees owed, may be cancelled without notice.
Renewal accounts are advised to pay the annual charges before due date of their accounts to avoid deactivation.
Service specifications and pricing subject to change without notice.
Subject to Chennai jurisdiction.