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At Webaholic, we carry our job with professional and pride. Our terms and conditions below is set to give you confidence and peace of mind on our professional services. If there is any term or condition that prevents you from dealing with us, we will look at it, and if reasonable, will consider its exclusion as part of our agreement.
The following terms and conditions apply to all web site design and related services offered by Webaholic. By ordering services from Webaholic you are agreeing to the following terms and conditions.
1.1 We reserve the right to refuse to provide services for a website or related services which does not accord with our ethical policy or that we judge to be unfit due to content or otherwise. This includes, but is not limited by, sites containing adult oriented material such as pornography, sites which promote hatred towards persons belonging to any ethnic group, religion or sexual orientation and sites which infringe copyright or are contrary to India or other relevant national or local laws or regulations.
2.1 The contract between Webaholic and the client shall consist of the proposal with its specifications, quotation and these terms and conditions.
2.2 It may not be necessary to have a signature for the contract to commence, verbal communication, email communication or other exchange making it clear that the work specified is required to be carried out shall constitute commencement of the contract and a contractual agreement between the client and Webaholic shall exist based on the proposal with its specifications, quotation and these terms and conditions. For formality, client is required to sign approval section of the proposal and return to Webaholic address for filing purposes.
2.3 Webaholic cannot always guarantee to start work immediately on a commission but will arrange a date with the client as to when work can commence. An anticipated finishing date will be agreed and Webaholic will do its best to adhere to that but cannot guarantee to do so in the light of circumstances outside its control. Where in the instance that a time scale has been agreed, Webaholic will not be responsible for any consequential losses to the client if the deadline is not met.
3.1 Webaholic makes every effort to design pages to current web standards and thus display well in the most popular current browsers, but cannot accept responsibility for pages that do not display acceptably in new versions of non-web standard browsers
4.1 Webaholic will provide a draft of the design on its own server during development so that the client may view and comment upon the progress. When the website meets the specifications set out in the quotation with its specifications, Webaholic will invoice the client for the full amount due or the amount otherwise specified in the approved proposal & quotation.
4.2 On receipt of payment, Webaholic will publish the website on the client ‘s server, or provide the source code for the site via a download (or CD-ROM disc) for the client to upload.
4.3 Where in the instance that a time scale has been agreed, Webaholic will not be responsible for any consequential losses to the client if the deadline is not met.
4.4 Webaholic uses its best endeavors to ensure the website and other services remain functional at all time. However, Webaholic cannot guarantee or warrant that the functions and content of the website or other services will be uninterrupted or error-free. Any problems will be dealt with as speedily as is appropriate to the content and function of the website and may be chargeable at our normal rate.
4.5 Once the website and other services meet the terms of the quotation with its specifications any modifications to the design will be considered an amendment to the contract. In the absence of a maintenance agreement the time and costs involved in making such changes will be charged to the client.
5.1 Webaholic and its sub-contractors retain the right to display graphics and other Web design elements as examples of their work in their respective portfolios.
5.2 Webaholic and its sub-contractors retain the right to refer other prospective clients to your website as testimonial or reference material.
5.3 Webaholic reserves the right to a reasonable credit on the website with a hyperlink to its own website. This would normally be on a contact page or somewhere accessible but no obtrusive.
6.1 A payment of 50 per cent of the total fee is due with order, unless otherwise agreed, in which case payment is due upon completion of site. Whilst any payment due under the agreement remains outstanding, Webaholic shall be entitled at its sole and absolute discretion to withhold provision of any goods or services it would otherwise be obliged to provide under the agreement.
6.2 To put it another way: full payment is due once the underlying structure and architecture is set up and ready – whether or not the website has been uploaded to a server. Webaholic shall not be expected to wait for items that are the client ‘s responsibility before payment is due
6.3 Webaholic expects payment by cheque, electronic bank transfer or cash within the terms specified in the approved Proposal or Quotation.
6.4 All payment currency is in Indian Rupees (INR). Payment in foreign currency may be accepted only if specified in the approved Proposal or Quotation of which a sum sufficient to cover exchange commission and charges and any other additional expenses incurred has been added to the amount due.
6.5 Any payment returned by the bank or credit card company will incur a administration charge in addition to any charges made by the bank. This will be invoiced and will be added to the total outstanding debt owed by the client.
6.6 In case collection proves necessary, the client agrees to pay all fees (including all legal fees and court costs) incurred by that process
7.1 The transfer of domain names to another server can sometimes become a complex and time-consuming matter. All administrative fees to third parties and the time taken to organize the transfer will be charged to the client irrespective of any quoted amount set out in the quotation with its specifications
7.2 Additional costs incurred in the provision of: stock photography; electronic commerce software; online transaction processing solutions; domain name registration; web space; Internet connection provided by third parties are non refundable.
7.3 Additional features to websites, including extra database services, specific hosting requirements, animations that are not included in the quotation are subject to surcharge. In the event a feature is required which has not been included in the quotation Webaholic will give notice prior to implementation and seek acceptance of the surcharge. The cost will be added to the final invoice
8.1 Where the client requests Webaholic to research and register a domain name the domain name will always be the property and in the control of the client. If, for whatever reason, this is not possible then the client will be informed of the fact. All fees and costs incurred will be included in the quotation and payable by the client.
9.1 Hosting services – where your website is stored on a server for delivery to website visitors – and email services are provided under a contract between the client and the chosen hosting and email provider (Internet Service Provider (ISP) and will be bound by the terms and conditions of that ISP. Webaholic makes no commission on such recommendations or services and in recommending an ISP does so in good faith and cannot under any circumstances be held responsible or liable for any shortcomings or losses incurred as part of that contract,
10.1 Where the operation of the website or other services provided by Webaholic involves the collection and administration of personal data the client is deemed to be the Data Controller.
10.2 The client shall indemnify Webaholic against any actions, costs and liabilities arising from the use in good faith by Webaholic of personal data provided by the client or through the client ‘s website.
10.3 Where your website involves e-commerce functionality, the client must ensure that suitable arrangements are in place to maximize security levels with regard to financial and personal information relating to the users of the website and other services. This may necessitate the use of secure electronic protocols, authentication certificates, encryption and may require the provision of secure server facilities and/or the use of a credit card clearing service.
10.4 Where a service is provided relating to e-commerce whereby visitors to the client ‘s website can order goods or services through the website – whether through direct or indirect payment the client undertakes to ensure that all transactions are carried out legally and fairly, that the security of personal information and of financial information is maintained and that the collection and control of that data meets the requirements of the Data Protection Acts and regulations
10.5 The client is solely responsible for complying with any laws, taxes, and tariffs applicable in any way to the website or any other services contemplated, and will hold harmless, protect, and defend Webaholic and its sub-contractors from any claim, suit, penalty, tax, fine, or tariff arising from the website or other services provided.
11.1 If necessary Webaholic reserves the right, and the client hereby agrees, to allow the use of sub-contractors or agents to work on any aspect of the website or other services.
12.1 The entire risk as to the quality and performance of the website or other services is with the client. In no event will Webaholic be liable to the client or any third party for any damages, including, but not limited to, service interruptions caused by acts of god, the hosting service or any other circumstances beyond the control of Webaholic, any lost profits, lost savings or other incidental, consequential, punitive, or special damages arising out of the operation of or inability to operate the website or other services, failure of any service provider, of any telecommunications carrier, of the Internet backbone, of any Internet servers, your or your site visitors’ computer or Internet software, even if Webaholic has been advised of the possibility of such damages.
13.1 Proposals and Quotations are valid for thirty days from the date on the proposal or quotation unless otherwise specified in the proposal or quotation. All prices quoted may be subject to change after this period.
14.1 Our consultancy service and general advice is, by its nature, subjective. It is up to you whether you decide to follow our ideas and suggestions. It is not possible and we do not guarantee that any of those ideas and suggestions will increase traffic to your site, improve your ratings with search engines or boost sales.
15.1 Should Webaholic waive any of these terms on an individual basis, this shall not affect the validity of remaining clauses or commit Webaholic to waive the same clause on any other occasion.
15.2 These terms and conditions shall prevail over all terms and conditions of your customary practice or any previous course of dealing between us and you.
15.3 Any variation to these terms and conditions shall be inapplicable unless agreed between ourselves before we commence any work on your behalf.
15.4 Work, services or products are only supplied in strict accordance with these terms and conditions. The provision of work, services or products by us is only undertaken on the understanding that you have read and accept these terms and conditions in full.
15.5 By agreeing to these terms and conditions your statutory rights are not affected.
15.6 This contract shall be governed and construed in accordance with the laws of India and the Parties hereby agree to the exclusive jurisdiction of the Indian Courts.
15.7 No terms or conditions endorsed upon, delivered with or contained in the client ‘s purchase order, confirmation of order, specification or other document will form part of the contract simply as a result of such document being referred to in the contract.
15.8 The client must ensure that the terms of its order and any applicable specification are complete and accurate.
33/22A Raja Subodh Chandra Mullick Road, Jadavpur, Kolkata -700032, West Bengal, India
Email: [email protected]