1. Contract:
The client’s approval for work to commence shall be deemed a contractual agreement between the client and MAHAVAHAN® a registered trademark of Brand Eagles Business Solutions. 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 these terms and conditions, and approves to commence the work.
2. Free Technical Support:
Brand Eagles provides free technical support for following kind of issues:
- Server side scripting/programming errors/bugs
- 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:
- Server or software or application or extension downgrades or upgrades
- Edits done by any external entity/person/professional in the code/scripts delivered by us.
- Operating System or Browser Version Downgrades/Upgrades
- Any other factor which is not directly related to any deficiency at the end of Brand Eagles
3. Photography and graphics:
MAHAVAHAN® a registered trademark of Brand Eagles Business Solutions 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. Brand Eagles will keep the client updated about the stock images being used and the cost involved before raising the invoice.
4. Browser compatibility:
MAHAVAHAN® a registered trademark of Brand Eagles Business Solutions 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.
5. Search Engine Submission:
Following services are not part of the project unless agreed otherwise in writing:
- Submission of websites on different search engines.
- Securing good ranking of your website on different search engines.
- Search Engine Optimization – On Page/Off Page.
6. Site maintenance:
Unless otherwise agreed in writing, following services will be separately billed after the website has been made live:
- Content updates
- 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.
7. Content:
After Brand Eagles 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 Brand Eagles team while uploading/posting the content/information/images on client’s website, Brand Eagles will correct it if reported to Brand Eagles representatives.
8. Material:
All material supplied by the client shall remain client’s property. Brand Eagles rightfully believes that this material belongs to the client and that it does not breach any copyright laws. Under no circumstances shall Brand Eagles 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.
9. Domain names booked by Brand Eagles on behalf of client:
Brand Eagles provides domain name consultancy if required. Domain names registered by Brand Eagles on the client’s behalf are property of Brand Eagles until client has paid for the domain booked and any fee involved.
10. 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.
11. 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 MAHAVAHAN® a registered trademark of Brand Eagles Business Solutions before a formal application for registration is made. Examples of 3rd party fees are as under:
- Domain Names
- Server Space Hosting Fees
- SSL Certificates
- Backup Services
- 3rd Party APIs, if any, required by ‘Client’ to be integrated with the work ordered.
- 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
12. Examples of work:
Unless negotiated otherwise, MAHAVAHAN® a registered trademark of Brand Eagles Business Solutions 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.
13. 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 Brand Eagles 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.
14. Mode of Payment
- Clients Based Outside India: International Wire Transfers, Credit Card/PayPal
- Clients Based in India: NEFT, RTGS or Physical Cheques mailed to our office address.
15. Payment Terms:
- Payment plan is agreed between the ‘Client’ and Brand Eagles based on the milestones.
- 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.
- Any material previously published may be removed if payment is not received. When this occurs, a minimum charge of INR 2000.00 will be charged to have the site restored.
- Accounts that have not been settled within 14 days of the date shown on the invoice will incur a late payment charge of INR 1000.00 or 3% of the Invoiced Amount (whichever is higher), for each week delayed.
- In case of delay in payments beyond the due date, Brand Eagles reserves the right to stop the work being commenced and ‘Client’ agrees to exempt Brand Eagles from meeting the timelines agreed.
16. Cancellation:
Both the parties reserve the right to cancel the project at any stage.
- 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.
- In case the project is cancelled by Brand Eagles, the payments made for the project can be refunded after deducting INR 500 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 – Brand Eagles shall transfer to ‘Client’ - all the documents, designs and scripts produced for the project.
17. Delayed Response From Client Side:
Unreasonable delays from client side in providing the required feedback/information/data to finish the project shall exempt Brand Eagles 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 Brand Eagles as full and final settlement against the work completed till date. Brand Eagles shall not be liable to deliver any files to client if client is not traceable or not responsive for 15 working days.
18. 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.
19. Share in profits from business or sale of business:
After client makes the agreed payment for the project, Brand Eagles will not claim share in client’s profits from business or from sale of business to some other company.
20. Copyright/Ownership Rights:
MAHAVAHAN® a registered trademark of Brand Eagles Business Solutions will retain the copyright of any material, including design, artwork and the source code, created for the client by MAHAVAHAN® a registered trademark of Brand Eagles Business Solutions. MAHAVAHAN® a registered trademark of Brand Eagles Business Solutions reserves the right to retain the copyright on all material created by MAHAVAHAN® a registered trademark of Brand Eagles Business Solutions unless otherwise agreed between the two parties in writing. As per the agreed terms client owns rights on following items:
- Logo/Graphics/Pictures/Images supplied by client – Yes
- 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.
- 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.
21. Ownership of Code and Intellectual Property Rights:
Unless otherwise agreed, Brand Eagles is the owner of the source code and the intellectual property rights and reserves the right to reuse the code for other projects.