Terms And Conditions Of Business
The following are our General Terms and Conditions of Business. Each project will include an agreement and terms suitable for the project. Plus, a Form of Proposal will be included which outlines the work to be completed for the specified project.
Definitions of our terminology as used within these terms and conditions:
- The ‘Client’ is the company, organisation, individual or individuals requesting the services of Finsoft IT Solutions.
- ‘Finsoft IT Solutions’ is the company, partners and their employees.
- A ‘Project’ is any work undertaken or service provided by Finsoft IT Solutions for the Client on their request and as described in our Quotation to the Client.
- ‘Domain’ is the website address (domain name) as specified by the Client, (renewed yearly by paying the renewal charges to Finsoft IT Solutions).
- ‘Hosting’ is a service to keep a Clients website online (renewed yearly by paying the Hosting charges to Finsoft IT Solutions)
- ‘Content’ is text, images and scripts that the Client requires on the website (to be supplied by clients to Finsoft IT Solutions)
- ‘Maintenance’ is a separate contract covering the ongoing editing, updating and maintenance of a website.
General Terms and Conditions:
The contract between Finsoft IT Solutions and the Client will be on these conditions, to the exclusion of all other terms and conditions. Any variations to these conditions shall have no effect unless agreed in writing. By engaging Finsoft IT Solutions on your Project, you confirm that you are in agreement with and bound by the following terms and conditions of business.
The Client is engaging Finsoft IT Solutions, as an independent contractor for the specific Project of developing and/or improving a website to be installed on the Client’s web space located on an ISP’s computer or space located on Finsoft IT Solutions’s server. The Client hereby authorises Finsoft IT Solutions to access this ISP account, and authorises the ISP to provide Finsoft IT Solutions with any necessary “write permission” for the Client’s website directory, cgi-bin directory, and any other directories or programs which need to be accessed for this project. The Client also authorises Finsoft IT Solutions to publicise their completed website to Web search engines, as well as other Web directories and indexes.
2. Client Responsibilities
The Client shall carry out sufficient research before proceeding with a website. This will include checking that the website, idea or business will operate legally and the Client has complied with relevant legislation.
3. Fees, Costs and Payment of Accounts
Finsoft IT Solutions will commence work on the Client’s Project once a quotation has been accepted by the Client and a Form of Proposal and Terms agreed upon and signed by the Client or in digital form like email purchase order. Unless specified otherwise in the quotation, the project will include only products and services as indicated in the Packages as stated on the Company website. If the client requires additional web pages, features, products or services beyond that stated in the Package or Quotation, the Client agrees to pay Finsoft IT Solutions an additional fee for each additional web page, feature, product or service. Graphics or photos beyond the stated number in the relevant package will be billed as an additional expense. Where custom graphic work (beyond the scope of the Package) is requested, it will be billed at rate specified by Finsoft IT Solutions.
A 50% deposit is required from the Client before any work is commenced. All deposits are non-refundable and cover all initial work on the Project. In all cases, website hosting fees and any costs incurred by Finsoft IT Solutions on behalf of the Client are payable in advance and are non-refundable.
The final 50% payment is due and payable on completion of the website but before the website is released live on the web. The website will be switched to live mode once the Clients remaining balance is paid in full.
The Client agrees to reimburse Finsoft IT Solutions for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, extra stock photography, scripts, etc.
Any revisions, additions or redesign the Client wishes Finsoft IT Solutions to perform not specified in this document shall be considered “additional” and will require a separate agreement and payment.
All services agreed to in this Contract, shall be sold for the price specified in the Quotation. Payment shall be by cash, cheque, credit or debit card, PayPal, bank transfer or bankers draft in Indian rupee or in US dollar, and made payable to “Finsoft IT Solutions”. Payment may also be made via internet banking.
Website Packages do not include our Maintenance contract. Website Maintenance will be the responsibility of the Client. If a maintenance service agreement is entered into between Finsoft IT Solutions and the Client, it will be contained within its own document and not connected to this Contract. However, this Contract does include minor modifications and corrections requested within a 10 day period from completion, including updating links and making minor changes to a sentence or paragraph. It does not include removing nearly all the text from a page and replacing it with new text. If the Client or an agent other than Finsoft IT Solutions attempts to update the Client’s pages during this time, work undertaken to repair the web pages will be assessed at the hourly rate of Rs200.00, and is not included as part of the modification time.
5. Domain Names
Domain names will be registered by Finsoft IT Solutions on behalf of the Client. Domain names are registered in the Client name is the legal owner of the domain and it is the Clients responsibility to renew their domain names when due. If a domain name expires, Finsoft IT Solutions cannot be held liable for any losses that arise from the expiration. However, Finsoft IT Solutions will send remainder to the registered email id before expiration date.
All costs incurred in transferring or changing the registered details of domain names will be met by the Client.
If a Domain name is purchased by the Client through a company other than Finsoft IT Solutions, the Client has full responsibility for ensuring the domain name is renewed when due. Finsoft IT Solutions will not renew the Domain name when annual Hosting renewal is due if the Domain name is purchased through a company other than Finsoft IT Solutions.
Renewal of hosting is due on a yearly basis. The date of renewal will be annually from the date the website is hosted.
The hosting renewal fee must be received prior to the hosting expiry date. We reserve the right to deactivate any website where the hosting has expired and the client has not paid the renewal fee. There will be an administration fee of Rs2000 for reactivating the website or hosting after the final date of domain deletion from the server.
If the Client does not use Finsoft IT Solutions hosting services, then the management and Hosting of the website are the full responsibility of the Client.
All Hosting offered by Finsoft IT Solutions is limited to the specified Packages and as stated in our Quotation or as stated on our Company website. If the Clients website requires more space or features than stated, a Package upgrade will be required and an increase in the yearly Hosting fee will apply.
7. Search Engine Optimisation
Where Finsoft IT Solutions is asked to provide search engine optimisation for the Client, Finsoft IT Solutions do not guarantee any specific placement or high ranking in search engines or other web based listings. All search engine optimisation services are as stated on our Company website or in our Quotation. But in every website design package we follow some quality guidelines to maintain our quality standards and will perform on-page SEO in most of the websites, which we consider as key feature of our web design service.
8. Copyrights and Trademarks
The web server, website, graphics and any programming code remain the property of Finsoft IT Solutions until all outstanding accounts are paid in full. Finsoft IT Solutions cannot take responsibility for any copyright infringements caused by materials submitted by the Client. The Client represents to Finsoft IT Solutions and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Finsoft IT Solutions for inclusion in web pages are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend Finsoft IT Solutions and its subcontractors from any claim, suit, litigation or legal proceedings arising from the use of such elements furnished by the Client. Finsoft IT Solutions reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.
Copyright of the finished assembled work of Web pages produced by Finsoft IT Solutions is owned by Finsoft IT Solutions. Upon final payment of this Contract, the Client is assigned rights to use as a website the design, graphics, and text contained in the finished assembled website. Rights to photos, graphics, source code, work-up files, and computer programs are specifically not transferred to the Client, and remain the property of their respective owners. Finsoft IT Solutions and its subcontractors retain the right to display graphics and other Web design elements as examples of their work in their respective portfolios.
9. Limited Liability
The Client hereby agrees that any material submitted for publication will not contain anything leading to an abusive or unethical use of the Web Hosting Service or Host Server. Abusive and unethical materials and uses include, but are not limited to, pornography, obscenity, nudity, violations of privacy, computer viruses, any harassing and harmful material or uses, any illegal activity, or material advocating illegal activity, and any infringement of privacy or libel.
The Client hereby agrees to indemnify and hold harmless Finsoft IT Solutions from any claim, suit, litigation or legal proceedings resulting from Client’s publication of material or use of those materials. The Client hereby agrees to indemnify and hold harmless Finsoft IT Solutions in any claim resulting from the submission of illegal materials.
If Finsoft IT Solutions shall acquire an Internet Domain Name on behalf of the Client, then in such case the Client hereby waives any and all claims which it may have against Finsoft IT Solutions, for any loss, damage, claim or expense arising out of or in relation to the registration of such Domain Name in any on-line or off-line network directories, membership lists or registration lists, or the release of the Domain Name from such directories or lists following the termination of the providing of this service by Finsoft IT Solutions for any reason.
Under no circumstances, including negligence, shall Finsoft IT Solutions, its offices, agents or anyone else involved in creating, producing or distributing it’s services, be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use Finsoft IT Solutions’s services; or that results from mistakes, omissions, interruptions, deletion or loss of files or data, errors, defects, delays in operation, or of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to Finsoft IT Solutions’s records, programs or services. The Client maintains sole responsibility for data backups and restoration. The Client hereby acknowledges that this paragraph shall apply to all content on Finsoft IT Solutions’s services.
Notwithstanding the above, the Client’s exclusive remedies for all damages, losses and causes of actions whether in Contract, tort including negligence or otherwise, shall not exceed the aggregate amount which the Client has paid during the term of this Contract and any reasonable solicitor’s fee and court costs.
The Client agrees that it shall defend, indemnify, save and hold Finsoft IT Solutions harmless from any and all demands, liabilities, losses, costs and claims, including reasonable solicitor’s fees, (“Liabilities”) asserted against Finsoft IT Solutions, agents, its clients, servants, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by the Client, its agents, employees or assigns. The Client agrees to defend, indemnify and hold harmless Finsoft IT Solutions against Liabilities arising out of any injury to person or property caused by any products or services sold or otherwise distributed in connection with Finsoft IT Solutions’s service, any material supplied by the Client infringing on the proprietary rights of a third party, copyright infringement, and any defective product which the Client has sold in the web design.
11. Laws Affecting Electronic Commerce
The Client agrees that the Client is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend Finsoft IT Solutions and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the Client’s use of Internet electronic commerce.
12. Authorship Credit
The Client may select that Finsoft IT Solutions includes a byline and link on the bottom of their web pages establishing authorship credit. This byline is upon agreement by both the Client and Finsoft IT Solutions.
Finsoft IT Solutions, its employees and subcontractors agree that, except as directed by the Client, it will not at any time during or after the term of this Contract disclose any confidential information to any person whatsoever.
In the event that work is postponed or cancelled at the written request of the Client, Finsoft IT Solutions shall have the right to bill pro rata for work completed through the date of that request, while reserving all rights under this Contract. If additional payment is due, this shall be payable within thirty days of the Client’s notification to stop work. In the event of cancellation, the Client shall also pay any expenses incurred by Finsoft IT Solutions and Finsoft IT Solutions shall own all rights to the Work. The Client shall assume responsibility for all collection of legal fees necessitated by default in payment.
If a website transfer is required to another Hosting provider other than Finsoft IT Solutions’s Hosting service, then a transfer fee applies to cover time and expenses involved in transferring all html files, images, scripts, videos and documents to the new hosting server. The transfer fee will also cover time taken for testing the website on the new Hosting service. Transfer fees are based on the time taken for the service and is charged at $30 per hour.
16. Refund Policy
The Client may apply in writing for a refund within 14 days of signing an Agreement and Form of Proposal for a Project. Any work already completed shall be billed at the hourly rate or the fixed rate by Finsoft IT Solutions and deducted from the initial payment. If the work that has been completed is beyond the amount covered in the initial payment, the Client shall be liable to pay for all work completed at the hourly rate starting from Rs200.00 or the fixed rate.
17. Right to Amend Terms & Conditions
Finsoft IT Solutions reserve the right to amend these terms and conditions at any time. Any objections to these amendments should be submitted in writing to Finsoft IT Solutions.