General terms and client’s responsibilities and liabilities

• Clients are requested to provide the website content (blogs and multimedia) to HDA before the commencement of work. Contents should not be shared.
• A client should take proper back up of all content on their site and that will help Hifi Digital Axis Private Limited to act upon the contract. Any loss or damage of existing data is completely client’s concern. If such thing happens HDA will refuse to be responsible.
• The contract does not hold Hifi Digital Axis Private Limited answerable for any data entry, web hosting or custom artwork, or graphics related tasks if it is not specifically mentioned, paid for and agreed to by both of the parties before. Any of these works supplied or designed by HDA in the name of the client, will remain the property of HDA or its suppliers unless it is agreed at the commencement.
• The email address should be provided.
• It is HDA’s responsibility to achieve all deliveries within the estimated time but in cases of any unavoidable and non-forecasted circumstances such as deployment issues, dependencies, 3rd-Party support, development bottle-necks, resource unavailability due to an emergency, or communication delays, time would be extended.
• An opportunity shall be given to the client by Hifi Digital Axis to verify the content of the website once again if editing would have required. HDA have to wait for a period of 7 days to hear any review from the client on the shared material. If a client does not respond within this period, it will be established that the shared material has been accepted and approved by the client.
• The data, files and graphic logos shall be under copyright and provided by the client himself to the HDA. The client must have to retain a copy of that particular file, thereafter the sharing of that file will be granted by HDA. The Client must seek permissions and rights to use any information or files which are copyrighted by a third party. The Client is further responsible for granting HDA permission and rights to use the same and agrees to secure Hifi Digital Axis from all claims. Client’s inability to obtain copyright permissions would not be a fault of HDA. The contract for the website design shall be guaranteed by the Client to HDA that all such permissions and authorities have been obtained. Evidence of permissions and authorities might be requested.
• Hifi Digital Axis Private Limited will refuse to be responsible for any alterations caused by the Client or a third party regarding the Client’s pages/website once installed/deployed. Any modifications or deletions on the page shall be granted but, further addition will not be accepted. HDA needs a one-off Web Development charge before resolving any other arising issues.

Payments

• HDA accepts payments by cheque, cash, and bank transfers but payments should be notified or we have rights to decline the same.
• A cancellation fee may be charged if the Customer cancels the Service prior to completion. This fee will be equal to the amount of work completed at the point of cancellation.
• A non-payment of cancellation fee and/or over-due amount will result in a legal action upon necessity.

Support and 3rd party

• A free support for 1 month will be given at the very beginning when the site launches. After 1 month of free service, a charge would be taken for various packages according to client’s requirement. A client can buy a high-priced package at a discounted price. The scope of support only includes any bug fixing and email support, whereas, it excludes any issues related to the site architecture, rule changes, and add-ons/enhancements.
• Any 3rd-Party support, product, or service being used or integrated into the site which requires licensing, payment, copyright, etc. shall be the sole responsibility and liability of the client. A client should provide this or will be procured by HDA on pre-payment for the cost of such procurement. The fee charged by HDA is exclusive of out-of-pocket expenses and expense claims will be filed by third-party products or their services that are involved.
• No guarantees or warranties shall be provided by the Hifi Digital Axis Private Limited for the accuracy or performance of such 3rd-Party product or service.
• Any upgrades to the 3rd party product or service regarding the project will not be our concern.

Re-work, Enhancements/Add-ons and Billing

• Any additional features not anticipated previously in controlling the work would be entertained as a change management process and will be additionally billed.
• If we feel minor changes and re-task are being abused, we will build a list of works on the grounds of abuse and will bill such additionally per the total time consumed and undertaken to achieve the works at business rates ranging from the US $ 15 to 20 per hour.
• Whilst we try our best to cover most changes within the budget of the site, some changes are classified as enhancements or add-ons to the system and become chargeable; we will advise you before we start work of any such items.
• Any re-work, change or tweak request by the client on the post-approval on the behalf of furthering to the subsequent stage of project process shall be treated as add-on work and will be additionally billed.
• The client must pay the fee charged by HDA without any deductions, discounts or debt settlement by the agreed due dates.

Limitations of liability

• We will use fair and sensible skill and care in providing the Service. However, we make no representation and exclude any warranty, express or implied, as to the availability, quality, accuracy, timeliness, completeness, performance or fitness of the Service.
• Hifi Digital Axis Private Limited hereby excludes itself, its employees, or agents from all liabilities for the loss or damage resulting from any inaccuracy, omission, delay or error, failure or any other cause in the production of the website. It will exclude every liability for possible vandalization to clients’ artwork or photos, or content supplied for the site.
• We shall not be liable of any damage or loss on the behalf of service with exception to the death of negligent. In no event will we be liable for any direct, indirect or consequential damages in contract or tort, including loss of profit, loss or damage to property or relating to claims made by third parties.
• We refuse to be liable if the failure is caused by the 3rd party organization and no guarantee would be made.

Approvals and delivery

• As for the agreement between both parties, after the first stage of work, next stage will be commenced after receiving the sign off with the previous payment.
• As soon as the service comes to an end, the website will be uploaded in the customer area of HDA server for approval. After approval by the client, it will be uploaded to a destination server. We have right to delay uploading that very website if full payment has not been made.
• No code and material developed shall be transferred before completion of the same project. The code ownership will reside with the client after final payments.
• We hold the Right to publish and use the completed work as a reference to other potential clients. When such service is required by the client, if are always ready to work with them but they have to notify HDA in advance and then can request prior and proper approvals towards the same.

Timescales

• Our motto is to complete all services within the agreed timescale. The timescale will start on receipt of both the agreed % deposit (ranging from 30% to 50% of the project price as mutually discussed and agreed prior to contract finalization) as acceptance and all website content from the Customer.
• We can extend any timescales due to unavoidable circumstances.

Jurisdiction

These rules and regulations shall be governed by and interpreted in accordance with Indian Law and order. The parties agree that the courts of India shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms and Conditions. The placing of an order will confirm acceptance of these conditions which are subjected to the law and order.

Severability

Anyone or more of the provisions of this Agreement, or order will be invalid, illegal or unenforceable with the remaining provisions of this agreement and order. It will not be in the void for this reason alone. It shall be replaced by an acceptable valid, legal and enforceable provision, which connects the intention of the both parties on behalf of making an ideal ground to perform a web-marketing which will be great in extent and be of some best quality indeed.