Legal Terms and Conditions
Acceptance
No Client needs 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.
Charges
Charges for services to be provided by WEBCIPHER TECHNOLOGIES are defined in the project quotation that the Client receives via e-mail. Quotations are valid for 30 days. WEBCIPHER TECHNOLOGIES reserves the right to alter or decline to provide a quotation after the expiry of the 30 days.
Unless agreed otherwise with the Client, all website design services require an advance payment of a minimum of 40% of the project quotation total before the work is supplied to the Client for review. A second charge of Fourty(40) percent is required after the development stage, with the remaining forty (40) percent of the project quotation total due upon completion of the work, before upload to the server or release of materials.
Payment for services is due by cheque or bank transfer or Vai Pay U Money.
Client Review
WEBCIPHER TECHNOLOGIES will provide the Client with an opportunity to review the appearance and content of the website during the design phase and once the overall website development is completed. After the project, such materials will be deemed to be accepted and approved unless the Client notifies WEBCIPHER TECHNOLOGIES otherwise within ten (10) days of the date the materials are made available to the Client.
Turnaround Time And Content Control
WEBCIPHER TECHNOLOGIES will install and publicly post or supply the Client’s website by the date specified in the project proposal, or at date agreed with the Client upon WEBCIPHER TECHNOLOGIES receiving initial payment, unless a delay is specifically requested by the Client and agreed by WEBCIPHER TECHNOLOGIES.
In return, the Client agrees to delegate a single individual as primary contact to aid WEBCIPHER TECHNOLOGIES with progressing the commission satisfactorily and expediently.
During the project, WEBCIPHER TECHNOLOGIES will require the Client to provide website content; text, images, movies, and sound files
Failure To Provide Required Website Content
WEBCIPHER TECHNOLOGIES is a small business, to remain efficient we must ensure that the work we have programmed is carried out at the scheduled time. On occasions, we may have to reject offers for other work and inquiries to ensure that your work is completed at the time arranged.
This is why we ask that you provide all the required information in advance. On any occasion where progress cannot be made with your website because we have not been given the required information in the agreed time frame, and we are delayed as result, we reserve the right to impose a surcharge of up to 25%. If your project involves Search Engine Optimisation we need the text content for your site in advance so that the SEO can be planned and completed efficiently.
If you agree to provide us with the required information and subsequently fail to do it within one week of project commencement we reserve the right to close the project and the balance remaining becomes payable immediately. Simply put, all the above conditions say is do not give us the go-ahead to start until you are ready to do so.
NOTE: Text content should be delivered as a Microsoft Word, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website. These pages should have the same titles as the agreed website pages. Contact us if you need clarification on this.
Using our content management system you can keep your content up to date yourself.
If the Client will not provide the required data or contents for Website Development Purpose within 30 Days after Initial Payment, We will give you reminders meanwhile but even though the client will fail to provide data then thereafter Webcipher Technologies will not responsible for work dealy neither advance payment will not be refunded by any reasons.
Payment
Invoices will be provided by WEBCIPHER TECHNOLOGIES upon completion but before publishing the live website. Invoices are normally sent via email or in hand; however, the client may choose to receive hard copy invoices. Invoices are due upon receipt. Accounts that remain unpaid thirty (30) days after the date of the invoice will be assessed a service charge in the amount of the higher of one and one-half percent (1.5%) or Rs.500 per month of the total amount due.
Additional Expenses
The client agrees to reimburse WEBCIPHER TECHNOLOGIES for any additional expenses necessary for the completion of the work. Examples would be the purchase of special fonts, stock photography, etc.
Web Browsers
WEBCIPHER TECHNOLOGIES will provide the Client with an opportunity to review the appearance and content of the website during the design phase and once the overall website development is completed. After the project, such materials will be deemed to be accepted and approved unless the Client notifies WEBCIPHER TECHNOLOGIES otherwise within ten (10) days of the date the materials are made available to the Client.
WEBCIPHER TECHNOLOGIES cannot accept responsibility for web pages that do not display acceptably in new versions of browsers released after the website has been designed and handed over to the Client. As such, WEBCIPHER TECHNOLOGIES reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.
Default
Accounts unpaid thirty (30) days after the date of the invoice will be considered in default. If the Client in default maintains any information or files on WEBCIPHER TECHNOLOGIES’s Webspace, WEBCIPHER TECHNOLOGIES will, at its discretion, remove all such material from its web space. WEBCIPHER TECHNOLOGIES is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’saccount. Cheques returned for insufficient funds will be assessed a return charge of Rs.300/-and the Client’s account will immediately be considered to be in default until full payment is received. Clients with accounts in default agree to pay WEBCIPHER TECHNOLOGIES reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by WEBCIPHER TECHNOLOGIES in enforcing these Terms and Conditions. if the client will not agree to make payments as mentioned in WorkAgreement WEBCIPHER TECHNOLOGIES has the right to stop working on your Project. If the client does not work further on any projects no payment will be refunded as WEBCIPHER TECHNOLOGIES would have to spend working hours to execute that work.
Termination
Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. E-mail or telephone requests for termination of services will not be honored until and unless confirmed in writing. The Client will be invoiced for design work completed to the date of first notice of cancellation for payment in full within thirty (30) days.
Indemnity
All WEBCIPHER TECHNOLOGIES services may be used for lawful purposes only. You agree to indemnify and hold WEBCIPHER TECHNOLOGIES harmless from any claims resulting from your use of our service that damages you or any other party.
Copyright
The client retains the copyright to data, files, and graphic logos provided by the Client, and grants WEBCIPHER TECHNOLOGIES the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting WEBCIPHER TECHNOLOGIESpermission and rights for use of the same and agrees to indemnify and hold harmless WEBCIPHER TECHNOLOGIES from any claims resulting from the client’s negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the Client to WEBCIPHER TECHNOLOGIES that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
Standard Media Delivery
Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format(ASCII text files delivered on floppy disk or via e-mail or FTP) and that all photographs and other graphics will be provided physically in high quality print suitable for scanning or electronically in.gif, .jpeg, .png or .tiff format. Although every reasonable attempt shall be made by WEBCIPHER TECHNOLOGIES to return to the Client any images or printed material provided for use in the creation of the Client’swebsite, such return cannot be guaranteed.
Design Credit
A link to WEBCIPHER TECHNOLOGIES will appear in either small type or by a small graphic at the bottom of the Client’s website. If a graphic is used, it will be designed to fit in with the overall site design. If a client requests that the design credit is removed, a nominal fee of10% of the total development charges will be applied.
Access Requirements
If the Client’s website is to be installed on a third-party server, WEBCIPHER TECHNOLOGIES must be granted temporary read/write access to the client’s storage directories which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.
Post-Placement Alterations
WEBCIPHER TECHNOLOGIES cannot accept responsibility for any alterations caused by a third party occurring to the Client’s pages once installed. Such alterations include, but are not limited to additions, modifications, or deletions.
Domain Names
WEBCIPHER TECHNOLOGIES may purchase domain names on behalf of the Client. Payment and renewal of those domain names are the responsibility of the Client. The loss, cancellation, or otherwise of the domain brought about by non or late payment is not the responsibility of WEBCIPHER TECHNOLOGIES. the client should keep a record of the due dates for payment to ensure that payment is received in a good time.
General
these terms and Conditions supersede all previous representations, understandings, or agreements. The Client’s signature below or payment of an advance fee constitutes agreement to and acceptance of theseTerms and Conditions. Payment online is an acceptance of our terms and conditions.
Governing Law
This Agreement shall be governed by Indian Law
Liability
WEBCIPHER TECHNOLOGIES hereby excludes itself, its Employees and or Agents from all and any liability from:
Loss or damage caused by any inaccuracy;
Loss or damage caused by omission;
Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the website;
Loss or damage to clients’ artwork/photos, supplied for the site.Immaterial whether the loss or damage results from negligence or otherwise.
The entire liability of WEBCIPHER TECHNOLOGIES to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.
Severability
In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal, or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal, and enforceable provision, which comes closest to the intention of the parties underlying the invalid,
Hosting / Virtual Private Servers / Dedicated Servers / Payment Gateways
WEBCIPHER TECHNOLOGIES hasn’t owned hosting servers or data centers, so we purchase WebHosting Space, Virtual Servers, Dedicated Servers, and Payment GatwayServices from Third Party Service Providers as per clients request only.
Due to this WEBCIPHER TECHNOLOGIES is not responsible nor liable for any monetary or non-monetary loss due to Website Hacking, Data loss, etc. But it doesn’t mean We will not help you. We will help to resolve such issues in good faith but are not bound to do that.
Renewals
After several reminders regarding Renewals from Webcipher Technologies, if the client fails to make payment against renewal, respective services will be terminated immediately and no backup data will be provided to clients. Webcipher Technologies will not responsible for any loss due to the termination of such services nor bound to give further intimation.
If the Client need softcopy of data has to make payment as per company policy.