The following terms and conditions apply to
all website development / design services provided by Raga Designers to the
Client.
1. Acceptance
It is not necessary for any Client 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.
2. Charges
Charges for services to be provided by Raga Designers are
defined in the project quotation that the Client receives via e-mail.
Quotations are valid for a period of 30 days. Raga Designers reserves the right
to alter or decline to provide a quotation after expiry of the 30 days.
Unless agreed otherwise with the Client, all website design
services require an advance payment of a minimum of thirty three (33) percent of
the project quotation total before the work is supplied to the Client for
review. A second charge of thirty three (33) percent is required after the
development stage, with the remaining thirty three (33) percent of the project
quotation total due upon completion of the work, prior to upload to the server
or release of materials.
Payment for services is due by cheque or bank transfer. Cheques should be made payable to Raga Designers and sent
to Raga Designers, Old No:32, New No: 25/1, Ko.Su.Mani Street, Choolaimedu,
Chennai - 600 094 Tamilnadu,India. Bank details will
be made available on invoices.
3. Client Review
Raga Designers 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. At the completion of the
project, such materials will be deemed to be accepted and approved unless the
Client notifies Raga Designers otherwise within ten (10) days of the date the
materials are made available to the Client.
4. Turnaround Time and Content Control
Raga Designers will install and publicly post or supply the
Client's website by the date specified in the project proposal, or at date
agreed with Client upon Raga Designers receiving initial payment, unless a
delay is specifically requested by the Client and agreed by Raga Designers.
In return, the Client agrees to delegate a single individual as
a primary contact to aid Raga Designers with progressing
the commission in a satisfactory and expedient manner.
During the project, Raga Designers will require the Client to
provide website content; text, images, movies and sound files
5. Failure to provide required website
content:
Raga Designers is a small business, to remain efficient we must
ensure that work we have programmed is carried out at the scheduled time. On
occasions we may have to reject offers for other work and enquiries 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 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 condition says 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 are able to keep your
content up to date your self.
6. Payment
Invoices will be provided by Raga Designers upon completion but
before publishing the live website. Invoices are normally sent via email;
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 ₹3000 per month of the
total amount due.
7. Additional Expenses
Client agrees to reimburse Raga Designers for any additional
expenses necessary for the completion of the work. Examples would be purchase
of special fonts, stock photography etc.
8. Web Browsers
Raga Designers makes every effort to ensure websites are
designed to be viewed by the majority of visitors. Websites are designed to
work with the most popular current browsers (e.g. Firefox, Internet Explorer 8
& 9, Google Chrome, etc.). Client agrees that Raga Designers cannot
guarantee correct functionality with all browser software across different operating
systems.
Raga Designers cannot accept responsibility for web pages which
do not display acceptably in new versions of browsers released after the
website have been designed and handed over to the Client. As such, Raga
Designers 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.
9. Default
Accounts unpaid thirty (30) days after the date of invoice will
be considered in default. If the Client in default maintains any information or
files on Raga Designers's Web space, Raga Designers
will, at its discretion, remove all such material from its web space. Raga
Designers 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's account. Cheques returned for insufficient funds will be assessed a
return charge of ₹1000 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 Raga Designers reasonable expenses, including
legal fees and costs for collection by third-party agencies, incurred by Raga
Designers in enforcing these Terms and Conditions.
10. 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 honoured
until and unless confirmed in writing. The Client will be invoiced for work
completed to the date of first notice of cancellation for payment in full
within thirty (30) days. The invoice will be adjusted with the advance paid for
the work.
11. Indemnity
All Raga Designers services may be used for lawful purposes
only. You agree to indemnify and hold Raga Designers harmless from any claims
resulting from your use of our service that damages you or any other party.
12. Copyright
The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Raga
Designers 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 Raga Designers
permission and rights for use of the same and agrees to indemnify and hold
harmless Raga Designers from any and all 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 Raga Designers that all such permissions and authorities have been obtained.
Evidence of permissions and authorities may be requested.
13. 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 Raga Designers to return to the Client any images or printed
material provided for use in creation of the Client's website, such return
cannot be guaranteed.
14. Design Credit
A link to Raga Designers 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 be removed, a nominal fee of 10% of the total
development charges will be applied. When total development charges are less
than ₹10000, a fixed fee of ₹1000 will be applied. The Client also agrees that the website
developed for the Client may be presented in Raga Designers's
portfolio.
15. Access Requirements
If the Client's website is to be installed on a third-party
server, Raga Designers 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.
16. Post-Placement Alterations
Raga Designers 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.
17. Domain Names
Raga Designers may purchase domain names on behalf of the
Client. Payment and renewal of those domain names is 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 Raga
Designers. The Client should keep a record of the due dates for payment to
ensure that payment is received in advance.
18. 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 these
Terms and Conditions. Payment online is an acceptance of our terms and conditions.
19. Social Media Management
Social Media Marketing and Management is
defined as helping a client to promote their products or services through
social media channels. Raga Designers will honor the components of your chosen
social media package, providing an agreement to a minimum 3 months contract is
served and monthly payments are received in advance. In the event that payment
is not received on time, we regret that further work will be halted until this
is rectified.
20. Governing Law
This Agreement shall be governed by Indian Law.
21. Liability
Raga Designers 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 web site;
·
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 Raga Designers 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.
22. 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,
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