WebCodeGenie
Terms and Conditions
General Work Terms and Client Responsibilities & Liabilities
- All site content (text and multimedia) will be the sole responsibility of the client to provide to
WebCodeGenie Technology PVT LTD. Such should be provided prior to commencing the work.
- Client is solely responsible to take proper back-up of all content on their site prior to letting
WebCodeGenie Technology PVT LTD undertake the required course of action towards meeting the contract. Any
loss or damage to existing data shall not be a responsibility of WebCodeGenie Technology PVT LTD under any
circumstances.
- The Contract does not hold WebCodeGenie Technology PVT LTD responsible for any data entry, web hosting or
custom artwork/graphics related work/tasks unless otherwise specifically mentioned, paid for and agreed to
by both the parties towards such. Any artwork, images, or text supplied and/or designed by WebCodeGenie
Technology PVT LTD on behalf of the client, will remain the property of WebCodeGenie Technology PVT LTD
and/or it's suppliers unless otherwise agreed.
- While WebCodeGenie Technology PVT LTD will do its best to achieve all deliveries within the estimated time,
there may, at times, be the need to extend or adjust time in cases of any unavoidable and non-forecasted
situations like those of deployment issues, dependencies, 3rd-Party support, development bottle-necks,
resource unavailability due to emergency, communication delays and the like.
- WebCodeGenie Technology PVT LTD will provide the Client an opportunity to review the appearance and content
of the Web site during the design and once they are completed. WebCodeGenie Technology PVT LTD shall wait
for a period of 7 days to hear any feedback on such shared work/outputs from the client. In the event of
client not replying within this period, such material will deemed to have been automatically accepted and
approved by the Client.
- The Client retains the copyright to data, files and graphic logos provided by the Client and grants
WebCodeGenie Technology PVT LTD 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 WebCodeGenie Technology PVT LTD permission and rights for use of the same
and agrees to indemnify and hold harmless WebCodeGenie Technology PVT LTD from any and all claims resulting
from the Client's negligence or inability to obtain proper copyright permissions. A contract for Web
site design and/or placement shall be regarded as a guarantee by the Client to WebCodeGenie Technology PVT
LTD that all such permissions and authorities have been obtained. Evidence of permissions and authorities
may be requested.
- WebCodeGenie Technology PVT LTD will not accept responsibility for any alterations caused by the Client or a
third party occurring to the Client's pages/website once installed/deployed. Such alterations include,
but are not limited to additions, modifications or deletions. WebCodeGenie Technology PVT LTD may require a
one-off Web Development charge before resolving any issues that may arise.
Payments
- WebCodeGenie Technology PVT LTD accepts payments by cheque, Cash or Bank Transfers (although we reserve the
right to decline payment in any of these forms without notice). Without limitation, WebCodeGenie Technology
PVT LTD reserves the right to withdraw any payment methods at any time and to vary its prices without prior
notice.
- A cancellation fee may be charged if the Customer cancels the Service prior to completion. The fee will be
equal to the amount of work completed at the point of cancellation.
- A non-payment of cancellation fee and/or over-due amount will result in legal action upon necessity.
Support and 3rd-Party
- As the site launches, we offer free support for the first month. After one month of free service, we charge
according to our various price packages best-suited to client's requirement. We also provide attractive
discounts if the client chooses a higher price package. The scope of support only includes any bug fixing
and email support and excludes any issues related to the site architecture, rule changes and
add-ons/enhancements.
- Any 3rd-Party support, product and/or service being used/ integrated into the site which requires licensing,
payment, copyright, etc. shall be the sole responsibility and liability of and be provided by the client or
will be procured by WebCodeGenie Technology PVT LTD on behalf of the client on pre-payment for the cost of
such procurement. The fee charged by WebCodeGenie Technology PVT LTD is exclusive of out-of-pocket expenses
and expense claims filed by third party products/services involved.
- No guarantees or warranties shall be provided by WebCodeGenie Technology PVT LTD for the accuracy or
performance of such 3rd-Party product/service.
- Any upgrade in the 3rd-Party product/service being used in the project shall not be part of scope at
WebCodeGenie Technology PVT LTD. Such shall be addressed per feasibility and revision of price and time may
be called for by WebCodeGenie Technology PVT LTD.
Re-work, Enhancements/Add-ons and Billing
- Any additional features not envisaged in the scope of work would be entertained through a Change Management
process and be additional billed. Scope Creeps after wireframe sign off would be billed as additional and
time lines and cost for delivery would increase.
- Most tweaks such as minor changes/re-work are normally just completed, however, if we feel this is being
abused, we will build a list of works found being the grounds of abuse and bill such additionally per the
total time efforts involved and undertaken to achieve the work/tasks at business rates ranging from US $ 15
to 20 per hour.
- Whilst we try our best to cover most changes within the budget of the site, some changes are classified as
enhancements/add-ons to the system and become chargeable; we will advise you before we start work of any
such items.
- Any re-work, change or tweak request by the client post approval and/or furthering to the subsequent stage of
project process shall be treated as add-on work and be additionally billed.
- The client must pay the fee charged by WebCodeGenie Technology PVT LTD without any deductions, discounts or
debt settlement by the agreed due dates.
Limitations of Liability
- WebCodeGenie Technology PVT LTD will use reasonable skill and care in providing the Service. However, we make
no representation and exclude any warranty, express or implied, as to the availability, quality, accuracy,
timeliness, completeness, performance or fitness of the Service.
- WebCodeGenie Technology PVT LTD 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 website; All and any liability for loss or damage to
clients artwork/photos, data/content supplied for the site. This is whether the loss or damage results
from negligence or otherwise.
- Except in the event of death or personal injury caused by our negligent acts or omissions, we shall not be
liable in any way for any damages arising in contract, tort or otherwise in respect of loss or damage
arising out of or in connection with this Agreement or operation of the Service. In no event will we be
liable for any direct, indirect or consequential damages in contract or tort, including loss of profit, loss
or damage to property or relating to claims made by third parties.
- WebCodeGenie Technology PVT LTD cannot make guarantees of service on behalf of third party organizations and
will not be held liable for the failure in any service provided by third parties.
Approvals and Delivery
- The project will involve various stages and the work for the next stage will only start after receiving the
sign off on and relevant payments for the previous stage as agreed.
- On completion of the Service (Website design and/or website development), the website will be uploaded to the
Customer area of WebCodeGenie Technology PVT LTD server for approval. Upon approval by the Client, the
website will be uploaded to the destination server where the site shall stay. WebCodeGenie Technology PVT
LTD reserves the right to delay uploading of the website until full payment has been received.
- All code and material developed will be transferred post completion of project and after sign offs. The code
ownership will reside with the client after final payments.
- WebCodeGenie Technology PVT LTD holds the Right to publish and use the completed work and/or even the
deployed final produce/website for references to other potential clients. In circumstances such is required
to be withheld, client shall notify WebCodeGenie Technology PVT LTD well in advance and request prior and
proper approvals towards the same.
Timescale
- WebCodeGenie Technology PVT LTD will aim to complete all services within the agreed timescale. The timescale
will commence on receipt of both the agreed % deposit as acceptance and all website content from the
Customer.
- WebCodeGenie Technology PVT LTD may need to extend any timescales due to circumstances beyond its control.
Jurisdiction
- These terms shall be governed by and interpreted in accordance with Indian Law. The parties irrevocably agree
that the courts of India shall have exclusive jurisdiction to settle any dispute which may arise out of,
under, or in connection with these Terms and Conditions. The placing of an order will confirm acceptance of
these conditions which are attached to the Order.
Severability
- In the event any one or more of the provisions of this Agreement and/or Order shall be held to be invalid,
illegal or unenforceable, the remaining provisions of this Agreement and/or Order shall be unimpaired and
the Agreement and/or Order 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.
