Website Designing - Terms & Conditions
The following terms and conditions document is a legal agreement between "Quantum Designs" having its office at G-14 Zakaria Industrial Estate, Marol Maroshi Road, Marol, Andheri East, Mumbai - 400059, and the "Client" for the purposes of web site design and development, and/or graphic design, and/or development of software. These Terms and Conditions set forth the provisions under which the Client may use the services supplied.|
ACCEPTANCE OF WORK
Quotations are valid for 30 days from date of issue. The Client may accept a Quote by sending a Purchase Order accompanied by the specified Order Confirmation payment to Quantum Designs. The Order may be sent via email or postal mail. The Order Confirmation Payment may be sent via postal mail or electronic transfer of funds directly to Quantum Designs' bank account.
The Order is accepted by Quantum Designs only on receipt from the Client of a Purchase Order accompanied by the specified Order Confirmation Payment. No contract for the supply of services exists between the Client and Quantum Designs until Quantum Designs receives the Purchase Order and the specified Order Confirmation payment.
Receipt of the Purchase Order and the specified Order Confirmation payment equals acceptance by Quantum Designs of the Clients offer to purchase services and is a valid contract between the client and Quantum Designs.
Any other services on the Purchase Order which have not been included in the Quotation do not form a part of the contract. The Client agrees to check that the details of the Purchase Order are correct as per the description and estimate included in the Quotation and should print and keep copies of both documents for their records.
Charges for services to be provided by Quantum Designs are defined in the project Quotation that the Client receives via e-mail or postal mail. All relevant taxes as prescribed by the Indian Government are to be borne by the Client.
Quotations are valid for a period of 30 days. Quantum Designs reserves the right to alter or decline to provide a Quotation after the expiry of the 30 days.
All services require an Order Confirmation payment of a minimum of fifty (50) percent of the project Quotation total before the work is started and supplied to the Customer for review. The remaining fifty (50) percent of the project Quotation total will be due upon completion of the work prior to launch or upload of the website or software to the server, or release of files, graphics or software. Charges for web design work does not cover the release of source PSD or FLA files; if the Client requires these items then a separate Quotation should be requested. However This is subjecct to the management's discretion.
Payment for services is to be made by cheques payable to Quantum Designs or by direct bank transfer. Cheques should be payable in Mumbai or at par. Bank details will be provided to the Client at the due stage.
All alterations for website and software projects are to be requested in writing either by email or postal mail by the Client, and all the documents and graphics required from the Client must be provided at one time, before Quantum Designs can start working on their project. After the specified allowed hours of testing and alterations have been completed, Quantum Designs reserves the right to advise the Client as such and send a separate Quote to the Client and request payment for any further alterations.
Upon completion of an agreed website, design or software, the Client is asked to confirm in writing by email or postal mail that the design is signed off as complete and agree that any further design alterations are chargeable.
The Client agrees to provide any information and content required by Quantum Designs in good time to enable Quantum Designs to complete the design, web site or software work as part of the agreed project.
Quantum Designs endeavors to create website pages that are search engine friendly. However, Quantum Designs gives no guarantee that the site will be listed on the first page of search engines or of any search results. In no event shall Quantum Designs be held liable for any changes in search engine rankings as a result of using Quantum Designs code. If an error or issue with the design or code arises during the project which does not allow the design or code to match the original specification, then the Client agrees that Quantum Designs can apply the nearest available alternative solution.
After completion of a website, a Client or a third party of their choosing may wish to edit and update the website code themselves. However, the Client agrees that in doing so they assume full responsibility for any issues which occur as a result of changing the code themselves. If a Client or a third party of their choosing edits the website code and this results in functionality errors or the page displaying incorrectly, then Quantum Designs reserves the right to quote for work to repair the website.
The Client agrees that it is their responsibility to have regular backups of their website and software made by themselves or third party services, in case of a software or hardware failure. If clients are not able to do this by themselves, Quantum Designs can give a Quote for weekly, monthly or yearly reliable backups.
All communications between Quantum Designs and the Client shall be by email, or postal mail, except where agreed at Quantum Designs discretion. Conversations on telephone or mobile should be re-confirmed and recorded via email or postal mail.
Quantum Designs will redesign the first draft until the client is happy with the initial design. This is valid for the first draft only. Once the initial draft is approved, further amendments maybe made at the discretion of the project manager. A charge will be levied for any amendments or changes made to the actual design after the initial approval. The redesign charges do not apply to content.
First Draft refers to the initial design of the homepage and inner page of the website. Quantum Designs will make amendments as requested. If the Client is happy with the "first draft" of the home page and inner page and asks for more pages to be added, this will be seen as an Approval. It is up to the Client to make sure the first draft of the homepage and the inner page are as per their expectations, before proceeding with the rest of the website. If changes are needed to the design after the first draft has been approved then Quantum Designs will levy a charge for the design work needed.
The Client undertakes to be the lawful owner and to take responsibility for the content, domain name and any other material that is handed over to Quantum Designs for inclusion in the website or software.
Quantum Designs reserves the right to refuse to handle:
DOMAIN NAMES AND HOSTING
- Any media which is unlawful or inappropriate;
- Any media which contains a virus or hostile program;
- Any media which constitutes harassment, racism, violence, obscenity, harmful intent or spamming;
- Any media which constitutes a criminal offence, infringes privacy or copyright;
- Any other questionable media at Quantum Designs own discretion
Quantum Designs may purchase domain names on behalf of the Client. Payment and renewal of these domain names is the responsibility of the Client, or may be handled by Quantum Designs on behalf of the Client. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of Quantum Designs. The Client should keep a record of the due dates for payment to ensure that payment is received by Quantum Designs in good time.
If the Client's Website is to be installed on a third-party server, Quantum Designs must be granted temporary read/write access to the Client's storage directories, and those directories must be accessible via FTP or SFTP. Depending on the specific nature of the project, other resources like MySQL server details might also need to be configured on the server.
- WEB BROWSERS
Quantum Designs shall make every effort to ensure sites are designed to be viewed by the majority of visitors. Sites are designed to work with the latest releases of popular browsers Internet Explorer and Mozilla Firefox. The Client agrees that Quantum Designs cannot guarantee correct functionality on all browser software across different operating systems. Clients agree that after handover of files, any updated software versions of the main browsers Internet Explorer and Mozilla Firefox, domain name setup changes or hosting setup changes may affect the functionality and display of their website. As such, Quantum Designs reserves the right to quote for any work involved in changing the web site design, web site code or software for it to work with updated browser software, domain name or hosting changes.
- DESIGN CREDIT
A link to Quantum Designs will appear in either small type or by a small graphic at the bottom of the Client's Website or software. If a graphic is used, it will be designed to fit in with the overall site design.
Quantum Designs reserves the right to alter these Terms and Conditions at any time without prior notice, the latest terms and conditions can be found at the Quantum Designs web site at http://www.quentind.com/quantum/qd-terms-conditions.htm with a date of last update.
By accepting a Quotation or making a payment of invoice to use the services supplied, the Client acknowledges to have read, understood, and accepted the Terms and Conditions of this Agreement, and agrees to be legally bound by these Terms and Conditions.
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