General Work Conditions as well as Client Responsibilities and Liabilities
- All site content terms and conditions will be the client’s sole responsibility to provide to Serva Applabs. Such information should be provided prior to the start of the work.
- The client is solely responsible for properly backing up all content on their site prior to allowing Serva Applabs to take the necessary course of action to meet the contract. Under no circumstances shall Serva Applabs be liable for any loss or damage to existing data.
- The Contract holds Serva Applabs safe for any data entry, web hosting, or custom artwork/graphics-related work/tasks unless specifically mentioned, paid for, and agreed to by both parties. Unless otherwise agreed, any artwork, images, or text supplied and/or designed by Serva Applabs on behalf of the client will remain the property of Serva Applabs and/or its suppliers.
- Email Address
- While Serva Applabs will do its best to complete all deliveries on time, there may be times when time must be extended or adjusted due to unavoidable and unforeseen circumstances such as deployment issues, dependencies, 3rd-Party support, development bottlenecks, resource unavailability due to emergency, communication delays, and the like.
- While Serva Applabs will do its best to complete all deliveries within the estimated time frame, there may be times when time must be extended or adjusted due to unavoidable and unforeseen circumstances such as deployment issues, dependencies, 3rd-Party support, development congestion, resource unavailability due to emergency, communication delays, and the like.
- Serva Applabs will give the Client the opportunity to review the appearance and content of the Web site both during the design process and after it is completed. Serva Applabs will wait for the client’s feedback on such shared work/outputs for a period of seven days. If the client does not respond within this time frame, the material will be considered to have been automatically accepted and approved by the Client.
- The Client has ownership of the data, files, and graphic logos provided by the Client and grants Serva Applabs permission to publish and use such material. Any information or files that are copyrighted by a third party must be used with permission and rights obtained by the Client.
- The Client is also responsible for granting Serva Applabs permission and rights to use the same and agrees to indemnify and hold Serva Applabs safe from any and all claims arising from the Client’s negligence or inability to obtain proper copyright permissions. A contract for Web site design and/or placement constitutes the Client’s assurance to Serva Applabs that all such permissions and authorities have been obtained. Permissions and authorities may be required as evidence.
- Serva Applabs will not accept responsibility for any changes made to the Client’s pages/website after they have been installed/deployed by the Client or a third party. Additions, modifications, and deletions are examples of such alterations. Before resolving any issues that may arise, Serva Applabs may require a one-time Web Development fee.
- Serva Applabs accepts checks, cash, and bank transfers as payment (although we reserve the right to decline payment in any of these forms without notice). Serva Applabs reserves the right, without limitation, to withdraw any payment methods at any time and to change its prices without prior notice.
- If the Customer cancels the Service before it is completed, a cancellation fee may be assessed. The fee will be calculated based on the amount of work completed at the time of cancellation.
- Non-payment of the cancellation fee and/or overdue amount will necessitate legal action.
Support and 3rd-Party
- As the site launches, we offer free support for the first month. After one month of free service, we charge according to our various price packages best suited to the client’s requirement. We also provide attractive discounts if the client chooses a higher-priced package. The scope of support only includes any bug fixing and email support and excludes any issues related to the site architecture, rule changes, and add-ons/enhancements.
- Any third-party support, product, and/or service used/integrated into the site that requires licensing, payment, copyright, etc. shall be the sole responsibility and liability of the client and shall be provided by the client or will be procured by Serva Applabs on behalf of the client for a fee. Serva Applabs fee is exclusive of out-of-pocket expenses and expense claims filed by third-party products/services.
- Serva Applabs makes no guarantees or warranties about the accuracy or performance of such third-party products/services.
Re-work, Enhancements/Add-ons, and Billing
- Any additional features not included in the scope of work would be considered through a Change Management process and billed separately. Scope Creeps after wireframe approval would be billed as extra, and delivery timelines and costs would be increased.
- While we do our best to keep most changes within the site’s budget, some changes are classified as system enhancements/add-ons and become chargeable; we will notify you before we begin work on any items like this.
- Any re-work, change, or tweak request made by the client after approval and/or progressing to the next stage of the project process will be treated as add-on work and will be billed separately.
- The client must pay Serva Applab’s fee without any deductions, discounts, or debt settlement by the agreed-upon due dates.
Limitations of Liability
- Serva Applabs will provide the Service with reasonable skill and care. However, we make no representation and disclaim any express or implied warranty regarding the Service’s availability, quality, accuracy, timeliness, completeness, performance, or fitness.
- Serva Applabs hereby disclaims all and any liability for loss or damage caused by any inaccuracy, omission, delay, or error in the production of the website, whether the result of negligence or other cause; and all and any liability for loss or damage to clients’ artwork/photos, data/content supplied for the site. This is true whether the loss or damage is the result of negligence or not.
- Except in the case of death or personal injury caused by our negligent acts or omissions, we will not be liable for any damages arising in contract, tort, or otherwise in respect of loss or damage arising out of or in connection with this Agreement or the operation of the Service. In no event will we be liable in contract or tort for any direct, indirect, or consequential damages, including loss of profit, loss or damage to property, or claims made by third parties.
- Serva Applabs cannot make service guarantees on behalf of third-party organizations and will not be held liable for any failure in any service provided by third-party organizations.
Approvals and Delivery
- The project will be divided into stages, and work on the next stage will begin only after the previous stage has been signed off on and the necessary payments have been received.
- After the Service (Website design and/or website development) is completed, the website will be uploaded to the Serva Applabs server’s Customer area for approval. Following Client approval, the website will be uploaded to the destination server, where it will remain. Serva Applabs reserves the right to postpone the website’s launch until full payment is received.
- All code and material developed will be transferred post completion of the project and after sign-offs. The code ownership will reside with the client after final payments.
- Serva Applabs holds the Right to publish and use the completed work and/or even the deployed final produce/website for references to other potential clients. In circumstances such is required to be withheld, the client shall notify Serva Applabs well in advance and request prior and proper approvals towards the same.
- Serva Applabs will strive to complete all services within the timeframe agreed upon. The timetable will begin upon receipt of both the agreed-upon percent deposit (ranging from 30% to 50% of the project price as mutually discussed and agreed upon prior to contract formalization) as acceptance and all website content from the Customer.
- Due to circumstances beyond Serva Applab’s control, any timescales may need to be extended.
These terms are governed in accordance with Indian Law. The parties irrevocably agree that any dispute arising out of, under, or in connection with these Terms and Conditions will be resolved solely by the courts of India. The placement of an order confirms acceptance of the conditions attached to the Order.
If anyone or more of the provisions of this Agreement and/or Order are found to be invalid, or illegal, the remaining provisions of this Agreement and/or Order shall remain unaffected, and the Agreement and/or Order shall not be void for this reason. Such invalid, illegal, or unenforceable provision shall be replaced by a mutually acceptable valid, legal, and enforceable provision that comes closest to the parties’ original intent