Terms of Service
Terms and Conditions:
- All estimates/quotes are based on our understanding of your requirements and as per the given time-frame. Any changes to the functionality including micro-improvements may incur additional costs accordingly. Please ensure and clarify our understanding in a face to face meeting or through phone discussion.
- By accepting a quote, you agree to and accept the terms and conditions of JESVIN WEBS. Acceptance can be verbal, by email, payment of Initiation, signing a quote.
- Clients need to ensure that we have included all requirements in the quotes/proposals/estimates and that we fully understand their requirements. Clients must provide us with clear guidelines along with the flow or specific details they may require. When such details are not provided, we will proceed with our understanding of the requirements and quote accordingly. At a later stage, if a discrepancy arises, it may lead to additional costs to accommodate the changes. Thus, you must clarify every aspect of your website development and ensure that you have been quoted on the right requirements.
- Any complexity related to specific tasks must be advised in advance and included in the proposal for costing purposes. We operate in good faith and rely on our clients to disclose the full picture at the time of quotation. Any discrepancy arising due to unclear requirements will not be borne by JESVIN WEBS.
- Any bugs (programming errors) reported during or just after the development does not attract additional charges.
- Any re-work on an already completed task will attract additional charges. Any changes in the design after the design approval will incur additional charges.
- Any modifications requested during the development or after the Go-Live approval will incur additional charges. All additional work, over and above the estimates is charged separately. Under no circumstances will JESVIN WEBS be liable for any delays caused by the change in the project brief.
- Website/application content and all related materials need to be provided to us within the first two days of starting the project. Any delays thereafter may delay the project and the company is not responsible if it goes beyond a reasonable timeframe.
- Responsive/multi-device compatible web pages are tested on android phones and windows computers. If you require testing to be done on any other device, please discuss it in advance.
Annual Maintenance Terms :
All maintenance packages are for a minimum of 12 months period.
Maintenance packages are billed annually, however, they are paid monthly via direct debit on the 1st of every month.
Packages may include 12 months of basic website hosting, email hosting, and DNS hosting.
Packages are designed to serve website maintenance tasks only. The hours may not be used for projects such as full redesign or major functionality add-ons.
Maintenance charges may change according to clients need.
The Client agrees to:
- Provide the Company, within a reasonable timescale, everything that is requested from you to complete the project including text, images, and other information.
- Provide the Company with text and images in the format which we require
- Review the Company’s work, provide feedback, and signoff approval in a timely manner.
- Make every effort to adhere to all agreed deadlines.
- Advise, in advance, of any confidential information to be presented by email, written, or verbally, between both parties. Also, for this to be marked as ‘confidential’ in the subject of the email, or clearly on any written documents.
- Provide a minimum of one month’s notice in writing, or by email should you wish to cancel any contract.
The Company agrees to:
- Carry out services in a professional and timely manner.
- Make every effort to adhere to any deadlines agreed between us and you.
- Make a reasonable number of revisions to the design, layout, colors, etc, until you are satisfied with the design concept or such time as both parties feel an agreement is likely to be reached but no more than 2 major revisions. Additional revisions or design work outside the scope of the project will be charged separately.
- Contact you before the end of the first 12 month period, to discuss the various options open to you for continuing website maintenance and support and/or hosting.
Our Fees And Deposits:
A 50% or Rs. 5000 whichever is higher to be deposited of the total fee payable under our proposal is due immediately upon you instructing us to proceed with the website design and development work. The remaining 50% shall become due when the work is completed to your reasonable satisfaction but subject to the terms of the “approval of work” and “rejected work” clauses. We reserve the right not to commence any work until the deposit has been paid in full.
The 50% deposit is only refundable if we have not fulfilled our obligations to deliver the work required under the agreement. The deposit is not refundable if the development work has been started and you terminate the contract through no fault of ours.
We reserve the right to negotiate and refund an appropriate portion of the amount paid by the customer towards the requested service. If you cancel your order after making the payment, but the work has not commenced, we will refund 75% of the payment that you have already made. If the order is canceled after the commencement of work, the maximum refund or charge will be 50% of the invoice.
There will be no refund or adjustments if cancellation is called when more than 50% of the work has been completed. All cancellations must be received in writing and can be sent via regular mail, email, or fax. Telephone requests on cancellations will not be accepted.
Due date: Is the date on which the payment is due as per the terms on the invoice/proposal
Outstanding Invoice: An invoice is deemed to be outstanding if the payment is still due after 14 days of the expiry of the due date.
Debt Collection: The client is provided a further 7 days after the late payment fee is applied to pay the invoice. Failure to pay will result in the outstanding amount referred to as a debt collector. JESVIN WEBS will not be liable for any costs or charges associated with the recovery of the outstanding amount. Any charges associated with the recovery of the outstanding amount (debt collectors, administration charges, legal fees) will be referred to the client for processing.
If you are late with a payment or have any queries regarding the Invoice, please contact Manager immediately on receiving the invoice or reminder emails.
All communications/correspondences are generally done via emails. It is client’s responsibility to keep us updated with their relevant email addresses.
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.
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 7 days of such notification. Any of the work which has not been reported in writing to us as unsatisfactory within the 7-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 and the 50% balance of the project price will become due.
If you reject any of our work within the 7-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.
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 at the rate starting from INR 599.00 per hour.
Failure to provide required website content:
In order 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 inquiries 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 a result, we reserve the right to impose a surcharge of up to 25%. If your project involves Search Engine Optimisation 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 your self.
The Client retains the copyright to data, files, and graphic logos provided by the Client, and grants JESVIN WEBS 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 JESVIN WEBS permission and rights for use of the same and agrees to indemnify and hold harmless JESVIN WEBS 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 JESVIN WEBS that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
Neither you nor anyone acting on your acquire any intellectual property or other proprietary rights, including patents, designs, trademarks, copyright or trade-secrets, relating to the contents of this site, including, without limitation, software and information, except as otherwise expressly specified in an appropriate license or other mutually agreed upon, written agreement that you may have with JESVIN WEBS. Any grants not expressly granted herein are reserved.
The company will not be held liable for any missed launch date or deadline, if the Client has been late in supplying materials, or has not approved or signed off work ontime, at any stage.
Photographs and Images:
- Any images or photographs that you supply should be in digital format, usually no smaller than 1024×768 pixels, with a suitable resolution that will allow them to be resized and used on screen. Traditional paper photographs requiring scanning are acceptable, however, there may be additional costs incurred due to time spent scanning and retouching the images. This depends entirely on the project and the number of images involved.
- Any images that the company are asked to obtain from third party photographers or stock photography will be charged as an additional cost.
- The Client guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to the Company for inclusion in their website, or other design, 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, indemnify and defend the Company and its subcontractors from any liability (including solicitors fees and court costs), including any claim or suit, threatened or actual, arising from the use of such elements furnished by the Client.
- Evidence of ownership or permissions may be requested by the Company.
To ensure superior levels of reliability and performance, all our client’s websites are hosted on a high speed, state of the art managed cloud server which utilizes a guaranteed minimum uptime service availability level of 99%. Details of the exact specification of our servers are freely available to all our clients and will be given upon request.
- Upon quote acceptance/signoff, initiation payment is processed to start the project. As required by the project, we may hold a Scoping Workshop to discuss the requirements in detail.
- Once we have the brand details such as logo, images, branding materials, etc, we will have a mock-up for your review within 5 to 10 working days.
- You can review the design and suggest improvements accordingly. Depending upon your project, generally up to 2 to 3 design modifications that can be done within the given estimates. Please refer to your allocated design and development hours for details.
- Once the design is finalized & approved, we’ll proceed with the development. At this stage we generally need around 3 to 5 banner text and/or images for rotation.
- Depending upon the time and resources allocated to your project, we’ll transfer as much content as possible from the old website to the new website. The remaining content can be updated from your end since all our websites are dynamic.
- Also, generally speaking, going-back and forth takes a lot of time. We encourage you to provide all necessary details, at the start of the project to ensure that the project team’s time is efficiently utilized on your project and you do not incur any unnecessary additional costs.
- You will be kept updated via emails and/or telephone calls as the project demands. However, please do not hesitate to contact us at any time you require a project status. Also, please always keep us updated with your relevant email addresses/contact details.
- Once the website/application has been made live on the client’s domain, it is their responsibility to take regular full back-ups and to update all components and third-party software.
- A website will not launch until a standing order or BACS payment has been set up unless a special agreement has been reached in advance.
- Additional costs for extra features and/or additional design costs, not covered by our standard packages, will be agreed and invoiced before the website goes live.
- If the Client does not respond to the Company’s request to discuss or choose ongoing support options, the client will automatically be placed on what the company feels is the most appropriate support package.
- A small admin fee is payable for switching the client to another hosting provider.
- Hosting only clients, will be charged at our normal hourly rate for any further changes or updates to their website.
- There may be an additional fee for any design changes requested after the initial agreed design has been signed off.
- The Company is not responsible for writing or inputting any text copy unless this has been specified by the client.
- The company does not offer any technical support for any other web site hosting company that you may choose (if you elect not to host the website with us).
- This contract remains in force and need not be renewed.
- Although the company has tried to keep this contract language simple, the intentions are serious, and the contract is a legal document under the exclusive jurisdiction of Indian Law and Courts.
- We consider ourselves to be very flexible and adaptable and approach all requests with a ‘can-do’ attitude. If you require something changed, please feel free to discuss it with us. Please contact us if you require further details or have any questions. We look forward to working together with you on your project!