Terms Of Service Agreement
Please read these Terms and Conditions carefully as they will form a contract between us and you; your acceptance of which is agreed from the moment you sign our Website Agreement, Hosting Agreement or Support Agreement.
We have tried to keep these Terms and Conditions brief, easy to understand, and as straightforward as possible. If you have any questions however, please do not hesitate to contact us.
You - ('the Client')
Us - (SDLC Labs Technologies Pvt Ltd, and hereinafter referred to as 'the Company')
The Project - the body of work that is being undertaken, normally consisting of several connected parts, such as consultation, graphic design, website development and/or hosting
What do both parties agree to?
1. 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.
- To make available as soon as is reasonably possible to SDLC Labs Technologies all materials required to complete the site to the agreed standard and within the set deadline, including Text, Images Or any other information required which will be notified via email.
- To Review the Company's work, provide feedback, and sign-off approval in a timely manner.
- To Make every effort to adhere to all agreed deadlines.
- To Adhere to the payment schedule agreed upon in writing/communicated to you via email.
- To Advise, in advance, of any confidential information to be presented by email or written, between both parties. Also, for this to be marked as 'confidential' in the subject of the email, or clearly on any written documents.
- To Provide a minimum of 15 days notice in writing, or by email should you wish to cancel any contract.
- Whilst every endeavor will be made to ensure that the website and any scripts or programs are free of errors, SDLC Labs Technologies cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.
- Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by SDLC Labs Technologies remain the copyright of SDLC Labs Technologies and may only be commercially reproduced or resold with the permission of SDLC Labs Technologies.
- SDLC Labs Technologies cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.
- Any additions to the Original brief will be carried out at the discretion of SDLC Labs Technologies and where no charge is made by SDLC Labs Technologies for such additions, SDLC Labs Technologies accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions.
- SDLC Labs Technologies will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
- SDLC Labs Technologies will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner.
- SDLC Labs Technologies will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents.
- SDLC Labs Technologies will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents.
- 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 balance payment of the project 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.
- Agrees to reimburse us for any requested expenses which do not form part of our proposal including but not limited to the purchase of templates, third party software, stock photographs, fonts, domain name registration, web hosting or comparable expenses.
- To be responsible for maintaining their own backups with respect to your website and we will not be liable for restoring any client data or client websites except to the extent that such data loss arises out of a negligent act or omission by us.
2. 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.
- Endeavor to complete requested website revisions or updates within 48 hours, wherever possible. Revision entitlement per month is dependent on your support package.
- Maintain up to date skills and knowledge through regular training and research.
- 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.
- Reserve the right to subcontract any services that we have agreed to perform for you as we see fit.
3. Website, Database, Application and E-Commerce Development
- The Company cannot guarantee compatibility in old or redundant browser software.
- SDLC Labs Technologies cannot take responsibility for any losses incurred by the use of any software created for the client. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.
- The client is expected to test fully any application or programming relating to a site developed by SDLC Labs Technologies before being made generally available for use. Where "bugs", errors or other issues are found after the site is live, SDLC Labs Technologies will endeavor (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief
4. Payments and Contract Lengths
- All payment schedules will be agreed upon before starting the work and will be communicated in written or via email.
- The company has the right to charge the client up to 85% of the total web development costs, should the client cancel the website agreement after the design concepts have been agreed but prior to the website going live. The scale of the charge will be dependent on what stage the project is at when the cancellation takes place.
- Alterations to standing order mandates to reflect new or changed contracts are the sole responsibility of the client. Over-payments to the Company as a result of not updating a standing order mandate will not be reimbursed to the Client.
- Underpayments or missed payments, however, shall be backdated to the point at which the underpayment or missed payment was discovered and the Client shall be responsible for bringing their account up to date within a reasonable period of time.
5. Photographs and Images
Any images or photographs that you supply should be in digital format, usually no smaller than 1024x768 pixels, with a suitable resolution that will allow them to be re-sized and used on screen. Traditional paper photographs requiring scanning are not acceptable.
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.
6. Evidence of ownership or permissions may be requested by the Company.
6.1 The Copyright
The company will maintain copies of all the files used in connection with your project and if you require a disc copy of all the files used in connection with your project, then the company will be happy to supply this to you. Copies of the website files are maintained by us for a reasonable time (usually at least 6 months), and if you are hosting with us, then files are maintained both locally and on external servers.
The copyright to the markup, CSS files, other code that may have been used by us for you, or certain images that the company may have supplied to or for you are licensed to you in connection with this web design project, and will be licensed solely to the domain name on which the website files reside. If you own the domain name, then you own the copyright.
At the bottom of the website page(s) after payment has been completed, usually it will say Copyright and the name of your business or company. The company do however reserve the right as the Company responsible for the design and/or development to place a small and unobtrusive link at the bottom of your website, thereby not hindering or distracting from your own website design.
As the design company the company also reserve the right to display and link to your completed project as part of our portfolio, and to write about the project on other web sites, in magazine or e zine articles, books, written or digital publications of any design and source. Please inform us in advance of the website going live if you DO NOT want us to add your site to our portfolio of work.
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 on-time, at any stage.
The Company adheres to all national and Indian & Global data protection, data transfer, data retention, and confidentiality regulations and always stores data sent to us in a secure manner within our security policy.
SDLC Labs Technologies will carry out work only where an agreement is provided either by email, mail or fax. SDLC Labs Technologies will carry out work only for clients who are 18 years of age or above. An 'order' is deemed to be a written contract between SDLC Labs Technologies and the client, this includes written and email agreements.
A website will not launch until a standing order/invoice or balance payment has been cleared, unless special agreement has been reached in advance.
Additional costs for extra features and/or additional design costs, not covered by the client’s selected 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.
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.
If you are hosting the website elsewhere, the Company cannot guarantee that the website is fully compatible with all hosting provider’s server operating systems, especially any contact forms, Content Management Systems, database driven websites, etc.
If the website is to be hosted elsewhere, then you will still pay the same monthly fee as agreed. - The company does not offer any technical support for any other web site hosting company that you may choose.
The company cannot guarantee that the functions contained within any web page (or part of your website design), will always be error free, and therefore the company will not be liable in any way whatsoever to you for any third party damages, including lost profits, lost savings, or other incidental, consequential or special damages arising out of the operation of or inability to operate this web site and any other web pages, even if you have advised us of the possibilities of such damages.
If any provision of this agreement shall be unlawful, void, or for any reason enforceable, then that provision shall be deemed sever-able from this agreement and shall not affect the validity and enforce-ability of any remaining provisions.
Just the same as a fine, you cannot transfer this contract to anyone else without our consent or permission. This contract remains in force and need not be renewed.
Although the company have tried to keep this contract language simple, the intentions are serious, and the contract is a legal document under the exclusive jurisdiction of Indian Penal Law and Courts.
A deposit of 30% is required with any project before any design work will be carried out.
Once a website has been designed and completed the final balance of payment is then due in accordance with our payment terms. There are no exceptions to this, i.e. If the client decides they no longer want the site, as they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been done. Non payment will result in legal action being taken if necessary.
Changes to these Terms and Conditions
SDLC Labs Technologies reserves the right to add, delete, or modify any provision of these Terms and Conditions at any time without notice. Failure to receive notification of a change does not make those changes invalid. These Terms and Conditions will always be available to download or print from our website.