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Terms And Services
“E-commerceApplication” and “Services” shall mean the E-commerce Application and Servicesto be provided by the Company to the Client in accordance with this Agreementand the Proposal.
“User AcceptanceTesting Period” and “UAT Period” shall mean a period of 30 (thirty) days afterrelease of the Application into a live environment, during with the Client maytest the app in a live environment and report issues encountered to the companyfor resolution.
Terms & Conditions
This Agreementconstitutes the whole agreement between the parties and supersedes any previousarrangement, understanding or agreement between them relating to the subjectmatter of the Agreement.
The actual work willstart after submitting the agreement with client’s valid signature.
Once the company starttheir work, then the payment will not be refundable.
The E-commerceApplication and/or the Services must conform in all respects with the drawingsspecifications and other requirements or descriptions stated in the Proposal.
The E-commerceApplication must be of satisfactory quality and fit for purpose and shall beequal in all respects to relevant samples or patterns provided by or acceptedby the Client.
The products of anyServices must be free from all defects including (to the extent if any that youare responsible for design), defects in design.
The Client shall havethe right to inspect the E-commerce Application and/or the Services. Followingwhich the Client shall not be reject the E-commerce Application and/orServices. The company shall make the application any defects discovered andreported during the testing period with the exception of defects arising from content/dataprovided by the Client.
Any inspectionchecking approval or acceptance given on our behalf shall not relieve the Companyfrom any obligation under the Agreement.
The company willensure that in all respects the E-commerce Application and/or the Servicescomply with all relevant requirements of any statute statutory rule or order orother instrument having the force of law which may be in force when the Applicationsare delivered and/or the Services performed as the case may be.
The company willprovide services to the client to add their own products with the limitation of8000 products. Addition of more than 8000 products will be chargeable.
Term and termination
Support &Maintenance terms - We will provide technical support to the client tillvalidity ends.
Time required forbug/errors/changes/addition of features / functionalities, resolving thereported defects from client side will depend.
Ensure sufficient timeand resources are allowed for all stages of the project.
Verify the sufficiencyof the application phase plan (APP) prior to application commencement.
Verify that suitable requiredfacilities are in place prior to application commencement.
Application training -Ensure the necessary information, instruction and training is received andappropriate supervision is provided to comply with the regulations.
Provide the bug/errors/changes/additioninformation to the support and sales team. The bug/error resolution time willbe 7-14 days and changes/addition time will be as per requirements and scope ofthe task.
For technical supportclient can email us on email@example.com call us on +91 8806573377
Review and approvedeliverable. Inform support and sales team bug/errors/changes/addition to thesubscription plan.
The additional costwill be charged for the change/addition as per requirements.
We are providingsubscription plan for one year. The client has to renew subscription plan asper the norms.
The renewalsubscription plan cost will be depending on total number of customers andproducts of previous year.
Ensure that theapplication delivered / handover with proper training as per norms.
Intellectual Property Rights
The company cannottake responsibility for any copyright infringements caused by content/datasubmitted by the Client and reserves the right to refuse any content/data of acopyrighted nature unless adequate proof is given of permission to use such content/data.The company will ensure that appropriate licenses are obtained for any content/datasourced by them.
The Client agrees tomake available as soon as is reasonably possible to the company a contentspecification of all content/data required to complete the application to theagreed standard and within the set deadline.
The company warrantsthat, to the extent it processes any Personal Data on behalf of the Client:
It shall act only oninstructions from the Client; and
It has in place appropriatetechnical and organizational security measures against unauthorized or unlawfulprocessing of Personal Data and against accidental loss or destruction of, ordamage to, Personal Data.
Each party shallprotect the Confidential Information of the other party against unauthorizeddisclosure by using the same degree of care as it takes to preserve andsafeguard its own confidential information of a similar nature, being at leasta reasonable degree of care.
ConfidentialInformation may be disclosed by the receiving party to its employees,affiliates and professional advisers, provided that the recipient is bound inwriting to maintain the confidentiality of the Confidential Informationreceived.
ConfidentialInformation shall exclude information which is:
Trivial or obvious;
Already in the publicdomain or comes into the public domain other than by reason of a breach of theAgreement; or
Which is required tobe disclosed by law or a relevant court order.
The parties undertaketo agree a full project specification in accordance with this Agreement and theProposal.
The company will notbe liable or become involved in any disputes between the Client and the endusers and cannot be held responsible for any wrong doing on the part of theClient.
The company will usereasonable best endeavors to ensure consistent availability of all Services.
The partiesacknowledge that the Application being developed for the Client is for theultimate benefit of the end users.
Database, Application and E-Commerce Development
The company cannottake responsibility for any losses incurred by the use of any software createdfor the client except where arising from their own negligence.
The company shall usereasonable care and skill to ensure that any developed/designed site orapplication will function correctly on the operating system specified or theserver it is initially installed in.
The Client shall ensurethat the specific representation of its application and the content of thedocuments to be processed and created is not pornographic, sexist, extremist,or a glorification of violence, and that such content does not violate thirdparty rights.
The Client shallprovide the company with all necessary information and data required to performServices and shall take all measures that are required to perform serviceswithin the realm of its responsibility.
The parties shall useall reasonable endeavors to inform the other immediately of the purging, sale,lease or transfer to a new owner of a domain that is the subject matter of anagreement.
Payment of Accounts
A onetime payment forone year is required from any new Client before any work is carried out. Wewill contact clients via email and telephone to remind them of such payments ifthey are not received.
In the event of the companyhas completed the designing part of the work and that the completion of thewebsite is dependent on content/data submitted by the client. The company shallreserve the right to invoice the client for the work done.
Following consistent nonpaymentof an invoice our Solicitors will contact the client in question, with a viewto taking the matter further and if need be to seek payment through legalprocedures, and if necessary court summons.
Neither party shall beliable to the other for (i) death or personal injury caused by negligence (ii)fraud or fraudulent misrepresentation; or (iii) any other liability that cannotbe excluded or limited by law.
The Client shall notbe liable to the company in contract, tort (including negligence) under statuteor otherwise.
The company may notassign or transfer this order or part thereof or the Agreement to any otherperson without the Clients written consent.
No variation of theAgreement shall be valid unless it is in writing and signed by, or on behalfof, each of the parties.
Failure to exercise,or any delay in exercising, any right or remedy provided under the Agreement orby law shall not constitute a waiver of that (or any other) right or remedy,nor shall it preclude or restrict any further exercise of that (or any other)right or remedy.
If a provision of theAgreement (or part of any provision) is found illegal, invalid orunenforceable, the parties shall negotiate in good faith to amend suchprovision such that, as amended, it is legal, valid and enforceable, and, tothe greatest extent possible, achieves the parties original commercialintention.
Neither party mayassign or transfer any of its rights or obligations under this agreementwithout giving reasonable prior notice to the other party.
No Partnership orAgency
Nothing in theAgreement is intended to, or shall operate to, create a partnership between theparties, or to authorize either party to act as agent for the other, andneither party shall have authority to act in the name or on behalf of orotherwise to bind the other in any way (including the making of anyrepresentation or warranty, the assumption of any obligation or liability andthe exercise of any right or power).
If any dispute arisesin connection with the Agreement the parties shall following a written requestfrom one party to the other, meet in good faith to resolve the dispute beforeresorting to legal action. In case of Legal disputes, subjected to PuneJurisdictions only.
Third Party Rights
A person who is not aparty to this Agreement shall not have any rights under or in connection withit.
Informal Complaints Procedure
The Client shall raiseany complaints received by end users directly by email to the company, givingsufficient information to locate the content/data (such as url) and clearlyoutlining the grounds for complaint. The company will endeavor to respond tothe Client and rectify the subject matter of the complaint within 7-14 workingdays where the work is covered by a maintenance agreement.
Formal complaints procedure
The formal complaintsprocedure should only be used where the complainant feels that the nature ofthe complaint is too serious to be dealt with informally, or where asatisfactory conclusion has not been reached after following the informalprocedure.
A formal complaintshould be made in writing to the company who will acknowledge receipt andensure that the matter is looked into as soon as possible.
An initial response toany complaint can be expected within seven days of its receipt; a full andconsidered response to the complaint should be completed within 30 days and anysubsequent remedy implemented with the minimum of delay.
Company not allowedthe client for adding any illegal or ban products and services on the site. Ifit happens, then company will not responsible for this.
In case of illegalactivities done by the client side such as identity theft, Chargeback fraud,friendly fraud, clean fraud, Triangulation fraud, Affiliate fraud, Merchant Identityfraud, etc. , then company will not be responsible for the third party claimsand will terminate that client. And the payment will also not refundable.
In above (23.1, 23.2)cases, all the responsibilities towards client side.
Hosting Type: CLOUD HOSTING
Server Provider: Amazon
Total Memory: 500MB
Disk Memory: 30GB
Breakdown Response Time
The bug/errorresolution time will be 7-14 days by considering the scope of the task
The changes/additiontime will be as per requirements and scope of the task.
The term"backup", which has become synonymous with data protection, may beaccomplished via several methods. Heres how to choose the best way to safeguardyour data.
The backup/restorefacility will be available in admin panel. The authorized admin user can takedaily backup of the system. Before update data on live portal the backup shouldbe taken for security purpose.
Training and Handover
The necessaryinformation, instruction, training and appropriate supervision will be providedto comply with the regulations online or face to face.
The application willdelivered / handover with proper training as per norms.