Terms And Conditions
These are the standard terms and conditions for all projects that we undertake and it applies to all contracts and all work undertaken by Digital Elf SMART Solutions Pvt. Ltd. (Digital Elf) for its clients (or customers).
2. Our Fees And Deposits
A 50% deposit of the total fee payable under our proposal is due immediately upon the client instructing us to proceed with the project work. Of the remaining 50% amount, half of the payment (25% of the overall project cost) is expected to be made at the time of completion of all major features/deliverables. The remaining 50% (25% of the overall project cost) shall become due when the work is completed to the client’s reasonable satisfaction but subject to the terms of the “approval of work” and “rejected work” clauses. We reserve the right not to commence any work until the deposit has been paid in full. The 50% deposit is only refundable if we have not fulfilled our obligations to deliver the work required under the agreement. The deposit is not refundable if the development work has been started and you terminate the contract through no fault of ours.
3. Supply of Materials
The Client must supply all materials and information required by us to complete the work in accordance with any agreed specification. Such materials may include, but are not limited to, photographs, database credentials access to the data, written copy of information, logos and other printed material. Where there is any delay in supplying these materials to us which leads to a delay in the completion of work, we have the right to extend any previously agreed deadlines by a reasonable amount. Where the client fails to supply materials that may prevent the progress of the work, we have the right to invoice the client for any part or parts of the work already completed.
We have the right to limit the number of prototypes/designs to a reasonable amount and may charge for additional designs if the customer requests us to make a change to the original design specification. Our project development life cycle is flexible and allows certain variations to the original specification. However any major deviation from the specification that may lead to additional work will be charged at the rate of Rs.1000 per hour.
5. Project Delays And Client Liability
The estimates that we give are contingent upon the client’s full co-operation for the fulfillment of the work agreed upon. During development or project execution, there is a certain amount of feedback required from the client’s side in order to progress to subsequent phases. It is required that a single point of contact be appointed from the client’s side and be made available on a daily basis in order to expedite the project development process.
6. Approval of Work
On completion of work, the client will be notified and will have the opportunity to review it. The client must notify us in writing of any unsatisfactory points within 24 hours of such notification. Any of the work which has not been reported in writing to us as unsatisfactory within the review period will be deemed to have been approved. Once approved, or deemed approved, work cannot subsequently be rejected and the contract will be deemed to have been completed and the 50% balance of the project price will become due.
7. Rejected Work
If the client rejects any of our work during the review period, or not approve subsequent work performed by us to remedy any points recorded as being unsatisfactory, and we, acting reasonably, identify that the client has been unreasonable in any rejection of the work, can elect to treat the work contract as an end and take measures to recover payment for the completed work.
Upon completion of the 24 hours review period, we will invoice the customer for the payable balance amount of the project.
9. Warranty by you as to Ownership of Intellectual Property Rights
The client must provide all necessary permissions and authorizations in respect of the use of all project material copy, graphic images, company information, brand names and trademarks, or any other material that is supplied to us for usage in the project activities, websites, or social media platforms. The client is assumed to indemnify us and hold us harmless from any claims or legal actions related to the content of your website, or other digital marketing initiatives including marketing on social media platforms.
Once the customer has paid us in full for our work, we grant the customer the full license and privilege to use the project deliverables (such as website, social media profiles) and its related software and contents for the life of the project.
11. Search Engines
We do not guarantee any specific position in search engine results for the client’s website or online presence for basic packages. Based on some of the basic project package that is agreed upon, we may perform minor search engine optimization work according to current best practice depending on the agreed conditions.
12. Consequential Loss
We shall not be liable for any loss or damage that the customer may suffer which is in any way attributable to any delay in performance or completion of our contract, however that delay arises.
To the full extent permitted by law, all terms, conditions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise (other than the express provisions of these terms and conditions) relating in any way to the services we provide to you are excluded. Without limiting the above, to the extent permitted by law, any liability of Digital Elf SMART Solutions Pvt. Ltd., under any term, condition, warranty or representation that by law cannot be excluded is, where permitted by law, limited at our option to the replacement, re-repair or re-supply of the services or the payment of the cost of the services that we were contracted to perform.
We reserve the right to subcontract any services that we have agreed to perform for you as we see fit.
In case the project or the work contract requires signing of non-disclosure agreement, we (and any subcontractors we engage) agree that we will not at any time disclose any of your confidential information to any third party as per the terms and conditions agreed upon in the non-disclosure agreement.
16. Additional Expenses
The customer agrees to reimburse us for any requested expenses which do not form part of our proposal including but not limited to the purchase of templates, third party software, advertisement expenses on different platforms, stock photographs, fonts, and domain name registration, web hosting or comparable expenses.
The client is responsible for maintaining their own backups with respect to your project content or website and we will not be liable for restoring any client data or client websites except to the extent that such data loss arises out of a negligent act or omission by us.
18. Ownership of Domain Names And Web Hosting
We will supply to the customer, account credentials for domain name registration and/or web hosting that we purchased on the customer’s behalf once the customer reimburses us for any expenses that we have incurred for such purchases.
19. Governing Law
The agreement constituted by terms and conditions and any proposal will be construed according to and is governed by the laws of Karnataka. The customer/client and Digital Elf SMART Solutions Pvt. Ltd submit to the non-exclusive jurisdiction of the courts in and of Karnataka in relation to any dispute arising under these terms and conditions or in relation to any services we perform for our clients.
20. Cross Browser Compatibility
Most of the times. by using current versions of well supported content management systems such as “WordPress”, we endeavour to ensure that the websites we create are compatible with all current modern web browsers such as the most recent versions of Internet Explorer, Firefox, Google Chrome and Safari. However, we do not assure the same in all situations because of the innate complexity that the project may have. Third party extensions, where used, may not have the same level of support for all browsers. Where appropriate, we will make efforts to substitute alternative extensions or implement other solutions, on a best effort basis, where any incompatibilities are found but do not guarantee.
21. Project Development
1. After the commencement of the project, if at any stage, the client delays the project by not providing approval at the appropriate project stage or by not providing the required content details, Digital Elf will close the project within 30 days of the starting of the project and consider the project as completed. The Client will have to make the full payment in this case.
2. Before starting the project, we insist our client to review the theme chosen for the project and conclude if all aspects of the theme are aligned with their expectations. We will develop the Website as per the chosen package and the features list outlined in the proposal. Any Minor and Major changes in Website Design will be charged additionally depending on feature type and changes.
3. If any Special Customisation is needed on the Project, client has to take the approval by sending an Email confirmation before starting the Project. After the work is started, any Modification and Customisation will not be guaranteed even at an Additional Cost.
4. For low budget projects (total cost below Rs. 25000), all contents such as Images, Description, Options, Promotion details, Logos, Products, Categories, Sub-Categories, and Banners will have to be provided by the customer before the starting of the project. Please note that for e-commerce projects, we will be adding only 2 products and 1 category to the portal and the rest of the products will have to be added by the customers through the back-end admin panel. We will be providing training on to how to accomplish the same.
5. Email acknowledgement is compulsory for all changes related to features, modifications, or customisation. Any conversation via phone call regarding features, modifications or customisation will not be considered as valid.
7. Creating new images, logos and optimization of images in not our responsibility. Client needs to provide well optimized images before the starting of the project. If not, the client will have to do it themselves. Need based training may be provided for the same.
8. Website will largely be responsive on standard mobile devices (4 inches, 5 inches and 6 inches devices). 100% responsiveness is not assured on any mobile device unless it has been explicitly called out in the proposal. Requirement for responsiveness in specific mobile devices may entail additional cost.