Terms And Services
“E-commerce Application” and “Services” shall mean the E-commerce Application and Services to be provided by the Company to the Client in accordance with this Agreement and the Proposal.
“ A Subscription is a relatively new business model by which a customer agrees to pay the company for products or services throughout a specific time period. For Example, the customer may agree to purchase a one-year subscription to a product or a service. Which he may receive on a regular basis (monthly, weekly, annually, etc.)
“User Acceptance Testing Period” and “UAT Period” shall mean a period of 08 (Eight) days after the release of the Application into a live environment, during with the Client may test the app in a live environment and report issues encountered to the company for resolution.
Terms & Conditions
This Agreement constitutes the whole agreement between the parties and supersedes any previous arrangement, understanding or agreement between them relating to the subject matter of the Agreement.
The actual work will start after submitting the agreement with client’s acceptance through the registration link.
Once the company starts their work, then the payment will not be refundable.
The E-commerce Application and/or the Services is already developed by the Company and must conform in all respects with the use of exiting the application (Code Sharing is Not Including) stated in the Proposal.
The E-commerce Application must be of satisfactory quality and fit for purpose and shall be equal in all respects to relevant samples or patterns provided by or accepted by the Client.
The products of any services must be free from all defects including (to the extent if any that you are responsible for design), defects in design.
The Client shall have the right to inspect the E-commerce Application and/or the Services. Following which the Client shall not be reject the E-commerce Application and/or Services. The company shall make the application any defects discovered and reported during the testing period with the exception of defects arising from content/data provided by the Client.
The company will ensure that in all respects the E-commerce Application and/or the Services comply with all relevant requirements of any statute statutory rule or order or other instrument having the force of law which may be in force when the Applications are delivered and/or the Services performed as the case may be.
The company will provide training to the client to add their own products with the limitation of 8000 products. The client will have to add their own products.
Term and termination
Support & Maintenance terms - We will provide technical support to the client till validity ends.
The time required for bug/errors/changes/addition of features/functionalities, resolving their ported defects from client side will depend.
Verify that suitable required facilities are in place prior to application commencement.
Application training -Ensure the necessary information, instruction and training is received and appropriate supervision is provided to comply with the regulations.
Provide the bug/errors/changes/addition information to the support and sales team. The bug/error resolution time will be 7-14 days and changes/addition time will be as per requirements and scope of the task.
For technical support, the client can email us on email@example.com or call us on +91 8806573377
Review and approve the deliverable. Inform support and sales team bugs/errors/changes/addition to the subscription plan.
The additional cost will be charged for the change/addition as per requirements.
We are providing subscription plan for one month/quarter/year. The client has to renew subscription plan as per the norms.
The renewal subscription plan cost will be depending on the total number of customers and products of previous year.
Ensure that the application delivered / handover with proper training as per norms.
Intellectual Property Rights
The company cannot take responsibility for any copyright infringements caused by content/data submitted by the Client and reserves the right to refuse any content/data of a copyrighted 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/data sourced by them.
The Client agrees to make available as soon as is reasonably possible to the company a content specification of all content/data required to complete the application to the agreed standard and within the set deadline.
The company warranty that, to the extent it processes any Personal Data on behalf of the Client:
It shall act only on instructions from the Client; and
It has in place appropriate technical and organizational security measures against unauthorized or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data.
Each party shall protect the Confidential Information of the other party against unauthorized disclosure by using the same degree of care as it takes to preserve and safeguard its own confidential information of a similar nature, being at least a reasonable degree of care.
Confidential Information may be disclosed by the receiving party to its employees, affiliates and professional advisers, provided that the recipient is bound in writing to maintain the confidentiality of the Confidential Information received.
Confidential Information shall exclude information which is:
Trivial or obvious;
Already in the public domain or comes into the public domain other than by reason of a breach of the agreement; or
This is required to be disclosed by law or a relevant court order.
The parties undertake to agree on a full project specification in accordance with this Agreement and the Proposal.
The company will not be liable or become involved in any disputes between the Client and the end-users and cannot be held responsible for any wrongdoing on the part of the Client.
The company will use reasonable best endeavors to ensure consistent availability of all Services.
The parties acknowledge that the Application being developed for the Client is for the ultimate benefit of the end users.
Database, Application and E-Commerce Development
The company cannot take responsibility for any losses incurred by the use of any software created for the client except where arising from their own negligence.
The company shall use reasonable care and skill to ensure that any developed/designed site or application will function correctly on the operating system specified or the server it is initially installed in.
The Client shall ensure that the specific representation of its application and the content of the documents to be processed and created is not pornographic, sexist, extremist, or a glorification of violence, and that such content does not violate third party rights.
The Client shall provide the company with all necessary information and data required to perform Services and shall take all measures that are required to perform services within the realm of its responsibility.
The parties shall use all 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 an agreement.
Payment of Accounts
Payment for one time set up and Subscription plan advance of one/three/six/twelve month/s is required from any new client before any work is carried out. We will contact clients via email and telephone to remind them of new/renewal payments if it is not received.
In the event of the company has completed the designing part of the work and that the completion of the website is dependent on content/data submitted by the client. The company shall reserve the right to invoice the client for the work done.
Following consistent nonpayment of an invoice our Solicitors will contact the client in question, with a view to taking the matter further and if need be to seek payment through legal procedures, and if necessary court summons.
Neither party shall be liable to the other for (i) death or personal injury caused by negligence (ii)fraud or fraudulent misrepresentation; or (iii) any other liability that cannot be excluded or limited by law.
The Client shall not be liable to the company in contract, tort (including negligence) under statute or otherwise.
The company may not assign or transfer this order or part thereof or the Agreement to any other person without the Clients written consent.
No variation of the Agreement shall be valid unless it is in writing and signed by, or on behalf of, each of the parties.
Failure to exercise, or any delay in exercising, any right or remedy provided under the Agreement or by 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 the Agreement (or part of any provision) is found illegal, invalid or unenforceable, the parties shall negotiate in good faith to amend such provision such that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the parties original commercial intention.
Neither party may assign or transfer any of its rights or obligations under this agreement without giving reasonable prior notice to the other party.
No Partnership or Agency
Nothing in the Agreement is intended to, or shall operate to, create a partnership between the parties, or to authorize either party to act as agent for the other, and neither party shall have authority to act in the name or on behalf of or otherwise to bind the other in any way (including the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).
If any dispute arises in connection with the Agreement the parties shall following a written request from one party to the other, meet in good faith to resolve the dispute before resorting to legal action. In case of Legal disputes, subjected to Pune Jurisdictions only.
Third Party Rights
A person who is not a party to this Agreement shall not have any rights under or in connection with it.
Informal Complaints Procedure
The Client shall raise any complaints received by end users directly by email to the company, giving sufficient information to locate the content/data (such as URL) and clearly outlining the grounds for complaint. The company will endeavor to respond to the Client and rectify the subject matter of the complaint within 7-14 working days where the work is covered by a maintenance agreement.
Formal complaints procedure
The formal complaints procedure should only be used where the complainant feels that the nature of the complaint is too serious to be dealt with informally, or where a satisfactory conclusion has not been reached after following the informal procedure.
A formal complaint should be made in writing to the company who will acknowledge receipt and ensure that the matter is looked into as soon as possible.
An initial response to any complaint can be expected within seven days of its receipt; a full and considered response to the complaint should be completed within 30 days and any subsequent remedy implemented with the minimum of delay.
The company does not allow the client for adding any illegal or ban products and services on the site. If it happens, then company will not responsible for this.
In case of illegal activities done by the client side such as identity theft, Chargeback fraud, friendly fraud, clean fraud, Triangulation fraud, Affiliate fraud, Merchant Identity fraud, etc. , then company will not be responsible for the third party claims and will terminate that client. And the payment will also not refundable.
In the above (23.1, 23.2)cases, all the responsibilities towards client side.
Hosting Type: CLOUD HOSTING
Server Provider: Amazon/Equivalent
Total Memory: 500MB (Depending on Plan)
Breakdown Response Time
The bug/error resolution time will be 7-14 days by considering the scope of the task.
The changes/addition time will be as per the requirements and scope of the task.
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The backup/restore facility will be available in admin panel. The authorized admin user can take daily backup of the system. Before update data on a live portal, the backup should be taken for security purpose.
Training and Handover
The necessary information, instruction, training, and appropriate supervision will be provided to comply with the regulations online or face to face.
The application will delivered / handover with proper training as per norms.