Terms and Conditions | Nelumsoft
It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.
Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.
Acceptance Of Work
Charges for services to be provided by Nelumsoft private Limited are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 60 days from the date of issue. Nelumsoft Private Limited reserves the right to alter or decline to provide a quotation after expiry of the 60 days.
Our Fees and Deposits
All website design services require an advance payment of a minimum of fifty (50%) percent of the project quotation total before the project proceeds. The remaining fifty (50%) percent of the project quotation total due upon completion of the work, prior to the delivery of the final submission.
Supply Of Materials
You must supply all materials and information required by us to complete the work in accordance with any agreed specification. Such materials may include, but are not limited to, photographs, written copy, logos and other printed material. Where there is any delay in supplying these materials to us which leads to a delay in the completion of work, we have the right to extend any previously agreed deadlines by a reasonable amount. Where you fail to supply materials, and that prevents the progress of the work, we have the right to invoice you for any part or parts of the work already completed.
We are pleased to offer you the opportunity to make revisions to the design. However, more than three revisions may subjected to an additional charge And it will be charged in hourly basis.
Project Delays And Client Liability
Any time frames or estimates that we give are contingent upon your full co-operation. During development there is a certain amount of feedback required in order to progress to subsequent phases. It is required that a single point of contact be appointed from your side and be made available on a daily basis in order to expedite the feedback process.
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 we unable to match your requirement you are pleased to reject 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.
Upon completion of the 7-day review period, we will invoice you for the 50% balance of the project. Payment should be made with in 14 days of the invoice date.
Warranty By you As to Ownership Of Intellwctual Property Rights
You must obtain all necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names and trade marks, or any other material that you supply to us to include in your website or web applications.
You must indemnify us and hold us harmless from any claims or legal actions related to the content of your website.
Once you have paid us in full we grant the permissions to use the related product. However you will not grant permissions to resell the product without a written agreement of us.
Third Party Involvement
We do not guarantee the performance or creditability thirty party company or product used in any project such as third party plugins, services payment gateways, scripts, API's, search engines and social media but not limited to above mentioned examples.
After Sales Services
Some of our services may include a certain after sales period which we will mention specifically in our quotation. This services will be limited to our products and its behavior only. Mal functions caused other than our products such as but not limited to hosting third party pluggings or services, any harm done by the user may not be covered by our after service cover.
To the full extent permitted by law, all terms, conditions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise (other than the express provisions of these terms and conditions) relating in any way to the services we provide to you are excluded. Without limiting the above, to the extent permitted by law, any liability of Nelumsoft ° under any term, condition, warranty or representation that by law cannot be excluded is, where permitted by law, limited at our option to the replacement, re-repair or re-supply of the services or the payment of the cost of the services that we were contracted to perform.
Resources used in end user products such as but not limited to icons, images, graphics and any other material provided by us will be copyrighted to Nelumsoft [pvt] Ltd or the respectful authorities. User will have full permissions to use such materials on our end user product only. reselling such material to another party or using above mention materials other than for original product developed by us is prohibited without a written agreement by us.
We (and any subcontractors we engage) agree that we will not at any time disclose any of your confidential information to any third party.
Any other services on the order that have not been included in the proposal do not form the part of the contract. Additional work requested by the client that is not specified in the agreed quotation is subject to an additional charge. It will charge for hourly basis and will be included in the final invoice. If the work is needed as part of an existing project, then this may affect time scale and overall delivery time of the project. You agree 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.
We are only responsible for the backups for the initial product we deliver. You are responsible for maintaining your own backups with respect to your product and we will not be liable for restoring any client data or post modifications.
Ownership Of Domain Names And Web Hosbing
Domain names and hosting will be free for the first year for certain projects only we have included that in the quotation. Any other domain name or hosting services that are not included in the quotation are subjected to an additional charge. Client should reimburse the given amount upon the delivery.
We will charge an annual maintenance fee for domain name and hosting. This will be included in the quotation. You will have to pay maintenance fee every year.
When we purchase the domain name and hosting client will not receives a separate account. If you prefer to have a separate account you can transfer the domain name and hosting to a registar of your choice. We will not include any transfer fee from our side.
You have utmost freedom to purchase hosting services and domain names. In such situations Annual maintenance fee will not be applicable.