ViV Softech – Terms and Conditions

ViV Softech Solutions Pvt. Ltd. will not responsible for further client’s business after live website or after complete , its total liability of clients (website owner) if any business risk , fraudery , their client relation , their business , any payment tranaction of their client , its totally with website owner or business owner .

Acceptance of Terms

Your access to and use of ViV Softech Solutions Pvt. Ltd. website (“the Website”) is subject exclusively to these terms and conditions. You will not use the website for any purpose that is unlawful or prohibited by these terms and conditions. If you do not accept these terms and conditions you must immediately stop using the website else it will be termed as your acceptance.

Severance

• If any of these terms and conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such term or condition shall be severed and the remaining terms and conditions shall survive and remain in full force and effect and continue to be binding and enforceable.

General

1. ViV Softech Solutions Pvt. Ltd. will carry out work only where a written purchase order is provided by email or mail.
2. ViV Softech Solutions Pvt. Ltd. will carry out work only where 100% of the above mentioned amount to be paid upon acceptance of this proposal.

• Charges for the Domain name registration, Website Hosting space will be extra.

1. Any Charges are not refundable at any cost.
2. You will be assigned a project manager for the project and requires your coordination for successful competition of the project.
3. Maintenance charges will be extra.

• There will be the start and the end date of the project you will be required to provide all the content.
• The end date of the project may change if in case the required content is not provided by the client.

Contract: The client’s approval for work to commence shall be deemed a contractual agreement between the client and ViV Softech. The approval for the work can be through either an email confirming back the quote (with the quote document attached) or the quote document signed by the client.

Important: Payment of the advance fee indicates that the client accepts all of these terms and conditions, and approves to commence the work.

Website Design

1. Though every effort will be made to ensure that the website and any work done by us is free of errors but ViV Softech Solutions Pvt. Ltd. cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it. The web server, website, graphics and any programming code remain the property of ViV Softech Solutions Pvt. Ltd. until all outstanding accounts are paid in full. Any work done (unless specifically agreed) by ViV Softech Solutions Pvt. Ltd. remain the copyright of ViV Softech Solutions Pvt. Ltd. and may only be commercially reproduced or resold with the permission of ViV Softech Solutions Pvt. Ltd..
2. ViV Softech Solutions Pvt. Ltd. cannot take responsibility for any copyright infringements caused by materials submitted by the client.

• Any additions to the brief will be carried out at the discretion of ViV Softech Solutions Pvt. Ltd. and where no charge is made by ViV Softech Solutions Pvt. Ltd. for such additions, ViV Softech Solutions Pvt. Ltd. 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.

1. ViV Softech Solutions Pvt. Ltd. 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.
2. ViV Softech Solutions Pvt. Ltd. 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.

Database, Application and E-Commerce Development

1. The Website is provided on an “AS IS” and “AS AVAILABLE” basis. To the extent permitted by law, ViV Softech Solutions Pvt. Ltd. will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the website.
2. ViV Softech Solutions Pvt. Ltd. makes no warranty that the functionality of the website will be uninterrupted or error free, that defects will be corrected or that the website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.

1 Year Free Technical Support: ViV Softech provides 1 year free technical support for following kind of issues:

1. Server side scripting/programming errors/bugs
2. Logical Bugs/Calculation related errors/bugs

• Connection errors/API Integration Errors

Above support is not available if the errors/bugs arise due to any external entity. Examples:

1. Server or software or application or extension downgrades or upgrades
2. Edits done by any external entity/person/professional in the code/scripts delivered by us.

• Operating System or Browser Version Downgrades/Upgrades

1. Any other factor which is not directly related to any deficiency at the end of ViV Softech

Photography and graphics: ViV Softech may use stock photographs and images while creating the website. Images and graphics purchased from stock libraries are not generally included in the quote and will be invoiced separately. ViV Softech will keep the client updated about the stock images being used and the cost involved before raising the invoice.

Browser compatibility: ViV Softech makes every effort to design pages that work flawlessly on most popular current browsers i.e. IE11 and latest version of FireFox/Chrome released on the date of project agreement. We however cannot be held responsible for pages that do not display acceptably in new versions of browsers released after pages have been designed. IE10 and older IE versions are outdated browsers and hence we don’t design with them in mind. We recommend using latest version of Chrome or Firefox instead of older versions of Microsoft Internet Explorer.

Search Engine Submission: Following services are not part of the project unless agreed otherwise in writing:

1. Submission of websites on different search engines.
2. Securing good ranking of your website on different search engines.

• Search Engine Optimization – On Page/Off Page.

Site maintenance: Unless otherwise agreed in writing, following services will be separately billed after the website has been made live:

1. Content updates
2. Refinements and logical tweaks to the website, which were not planned/approvedby client earlier.

• Content presentation and design updates which were not planned/approved by client earlier.

Content:

1. After ViV Softech has delivered the website to client, client is solely responsible for the content/information/images posted on his website. If there is any error or omission by ViV Softech team while uploading/posting the content/information/images on client’s website, ViV Softech will correct it if reported to ViV Softech representatives.
2. You are responsible for your content. You are legally responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”) uploaded, posted or stored through your use of the Services. You agree not use the Services for any illegal purpose or in violation of any applicable local, state, federal or international law. You are encouraged to archive your Content regularly and frequently. You are responsible for any Content that may be lost or unrecoverable through your use of the Services. You must provide all required and appropriate warnings, information and disclosure. You agree that you will not use the Services to share, store, or in any way distribute financial data that is not in accordance with the law. Any users suspected of having information which involves fraud, embezzlement, money laundering, insider trading, support for terrorism, or any other activity proscribed by law may have their accounts terminated, their financial data erased, and they also may be reported to law enforcement officials in the appropriate jurisdictions. Eidentiti is not responsible for the Content or data you submit on the website.

• We will not responsible for further client’s business after live website or after complete , its total liability of clients (website owner) if any business risk , fraudery , their client relation , their business , any payment tranaction of their client , its totally with website owner or business owner .

Material: All material supplied by the client shall remain client’s property. ViV Softech rightfully believes that this material belongs to the client and that it does not breach any copyright laws. Under no circumstances shall ViV Softech be held responsible for any claims, damages, and loss of profit or reputation caused to client due to the use of material provided by the client.

Domain names booked by ViV Softech on behalf of client: ViV Softech provides domain name consultancy if required. Domain names registered by ViV Softech on the client’s behalf are property of ViV Softech until client has paid for the domain booked and any fee involved.

ViV Softech agrees to transfer such domains to the client or his/her agent when asked to do so provided that all accounts have been settled.

Note: Domains booked and owned by client are not subject to this term. This term applies only to those domains which are booked by ViV Softech upon the request of client.

Travel Time and Expenses: Travelling time to and from the client premises is not generally included in our estimate. If a visit/travel is required for meeting, the client will bear all the expenses or as agreed by both the parties.

3rd Party Add-ons/services/applications: All third party costs arising from the registration of a domain name/purchase of third party utilities/services shall be met by the Client and are payable to ViV Softech before a formal application for registration is made. Examples of 3rd party fees are as under:

1. Domain Names
2. Server Space Hosting Fees

• SSL Certificates

1. Backup Services
2. 3rd Party APIs, if any, required by ‘Client’ to be integrated with the work ordered.
3. 3rd Party Plugins/Scripts/Applications/Software/Widgets/Services, if any, required by ‘Client’ to be integrated with the work ordered.

• Payment Gateways Signup and Recurring Fees

Examples of work: Unless negotiated otherwise, ViV Softech retains the right to list/display the client name and logo with or without work performed (Design/Development/Online Promotion) for the Client in its respective portfolios and promotion materials. This over-rides all previous agreements and NDAs signed.

Quotations: The price quoted to the client is for the work agreed in the proposal document only. Should the client decide that changes are required after the project work has been initiated, then ViV Softech will provide a separate quote for the additional work and may need to review the timescale for completing the project. Cost estimates and prices quoted are valid for maximum one month unless otherwise agreed.

Payment of Accounts

1. A deposit may be required from a new client before any work is carried out. In all cases, website hosting fees and any costs incurred by ViV Softech Solutions Pvt. Ltd. on behalf of the client are payable in advance and are non-refundable.
2. It is the ViV Softech Solutions Pvt. Ltd. policy that any outstanding accounts for work carried out by ViV Softech Solutions Pvt. Ltd. or its affiliates are required to be paid in full, no later than 30 days from the date of the invoice unless by prior arrangement with ViV Softech Solutions Pvt. Ltd. If accounts are not settled or ViV Softech Solutions Pvt. Ltd. has not been contacted regarding the delay, access to the related website may be denied. Fees relating to web hosting or domain names must be paid prior to the expiration date of the said service. If the fees remain unpaid at the time of expiration, we will with immediate effect, cancel said service and any data held by said service will be removed.

Mode of Payment

1. Clients Based Outside India: International Wire Transfers, Credit Card/PayPal via 2Checkout payment gateway.
2. Clients Based in India: NEFT, RTGS or Physical Cheques mailed to our office address.

Refunds and Cancellation

1. Any Charges are not refundable at any cost.
2. Cancellation may be done within seven days from the invoice date and only half of the amount paid will be refunded.

Payment Terms:

1. Payment plan is agreed between the ‘Client’ and ViV Softech based on the milestones.
2. Payment shall be due within 14 days of the invoice date unless specifically mentioned in the Invoice.

• Full publication of the website/technical work will only take place after full payment has been received in our account unless otherwise agreed in writing.

1. Any material previously published may be removed if payment is not received. When this occurs, a minimum charge of $250 USD will be charged to have the site restored.
2. Accounts that have not been settled within 14 days of the date shown on the invoice will incur a late payment charge of $100 USD or 5% of the Invoiced Amount (whichever is higher), for each week delayed.
3. In case of delay in payments beyond the due date, ViV Softech reserves the right to stop the work being commenced and ‘Client’ agrees to exempt ViV Softech from meeting the timelines agreed.

Cancellation: Both the parties reserve the right to cancel the project at any stage.

1. In case the project is cancelled by Client, the payments made for the project can be refunded to the client after deducting the upfront payment amount received for Initiation of the project and the other payments received against the milestones completed.
2. In case the project is cancelled by ViV Softech, the payments made for the project can be refunded after deducting USD 15 per hour for the hours spent on the work performed for the client including but not limited to the time spent on project discussion, requirements gathering, project planning & documentation, project initiation and execution. After the payments are settled between the two parties – ViV Softech shall transfer to ‘Client’ – all the documents, designs and scripts produced for the project.

Delayed Response From Client Side: Unreasonable delays from client side in providing the required feedback/information/data to finish the project shall exempt ViV Softech from meeting the timelines mentioned in the quote. In case client does not provide required details/data/information within 15 working days, client agrees that the payments made towards the project will be forfeited and retained by ViV Softech as full and final settlement against the work completed till date. ViV Softech shall not be liable to deliver any files to client if client is not traceable or not responsive for 15 working days.

Time Estimates: Client agrees that stipulated timelines cannot be met if the project scope is changed by client once the project scope document is finalized. Client agrees not to change the requirements without extending the original agreed timelines by minimum 1 week against each change request.

Share in profits from business or sale of business: After client makes the agreed payment for the project, ViV Softech will not claim share in client’s profits from business or from sale of business to some other company.

Copyright/Ownership Rights: ViV Softech will retain the copyright of any material, including design, artwork and the source code, created for the client by ViV Softech. ViV Softech reserves the right to retain the copyright on all material created by ViV Softech unless otherwise agreed between the two parties in writing. As per the agreed terms client owns rights on following items:

1. Logo/Graphics/Pictures/Images supplied by client – Yes
2. Website Interface/PSD/Creatives/Designs – Yes, if client has ordered custom design with Exclusive Rights.

• Programming Files/Source Code – Yes, if the Client has ordered the project with Exclusive Rights. Client does not own the copyright/Intellectual property rights for projects being done on Single Domain License basis.

1. If the project is being done on Single Domain License basis, Client owns the rights to use the system only on designated domains and Client should take reasonable care of the system files to restrict un-authorized access of the system scripts/source code delivered.

Ownership of Code and Intellectual Property Rights: Unless otherwise agreed, ViV Softech is the owner of the source code and the intellectual property rights and reserves the right to reuse the code for other projects.

Note : In no event, ViV Softech shall be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate these Web pages or website, even if ViV Softech has been advised of the possibility of such damages. Despite the best efforts of ViV Softech, errors in web page information may occur. At no time will ViV Softech be held responsible for accidentally including erroneous information, extending beyond correcting the error.

Should ViV Softech waive any of these terms on an individual basis, this shall not affect the validity of remaining clauses or commit ViV Softech to waive the same clause on any other occasion.

By agreeing to these terms and conditions, your statutory rights are not affected.

ViV Softech reserves the right to change or modify any of these terms or conditions at any time, but agreements signed prior to the updates in this agreement remains unaffected. Please feel free to contact us for more info/clarification about any of the terms and conditions mentioned above.