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1. Formation of Contract.
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| This is an agreement between the client and Heptik Technologies for website
designing services that is the only agreement between the client and Heptik Technologies. This
document constitutes the entire agreement between Heptik Technologies and the client for the
conditions described herein and supersedes all prior understandings, oral or otherwise,
between the two parties. Any changes to this agreement must be submitted in writing and
signed by both parties otherwise changes will not be binding to either party. Both parties
intend to be legally bound by the terms and conditions of this agreement as stated herein.Also The agrement on through Email is valid. |
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| 2. Terms of Contractual Agreement. |
| By approving the start of a project or placing an order
with Heptik Technologies, the company or individual requesting the services (hereinafter referred to as
the client), confirms that he/she accepts all of the terms and conditions listed in this
agreement. After the client has approved the start of a project, both parties (client as well as
Heptik Technologies) are bound by all terms and conditions listed within this agreement with no
exceptions. |
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| 3. Copyright/Trademarks. |
| Client assures that he/se has obtained copyrights to all text,
graphics, photos, designs, trademarks, artwork, and other materials provided to Heptik Technologies to
be published on the website. Client assumes sole responsibility for the protection of its
copyright in any writing, pictorial illustration, maps, etc. included in its website. Client affirms
that he/she has the right to use any trademark, trade name or service mark in the manner
and in accordance with the information submitted. Client further affirms that he/she has the
right to use any name, portrait, picture or illustration shown in the information submitted.
Heptik Technologies will not take legal responsibility for claims or suits resulting from using illegal
materials provided by the client. Any legal issues that arise due to illegal usage of materials
and copyright issues shall be the sole responsibility of the client. |
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| 4. Project Delivery |
| Upon completion of the project, website will be delivered to the client only
after all agreed fees are received. Until agreed fees are paid, all copyrights to the original work
of our company remains a property of Heptik Technologies. Once full payment is paid by the client, all
rights to website will be transferred to the client. The
website is provided to and accepted by the client as a fully functioning, completed work. Our
company is not responsible for the future website maintenance, website promotion and
website support, if it is not stated otherwise in the agreement.(we are Not Provide Controll panel) IF client want then take extra charge. |
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| 5. Web Design Intellectual Copyright. |
| If the client wants to sell products or services through
the website, it is the responsibility of the client to make sure that the business is compliant
with any law regulations. This includes business regulations, tax regulations, commerce law,
regulations of accessibility and others related to a specific business or trade. Heptik Technologies will
not accept responsibility for the way clients use their website. If the client chooses to use their
website for illegal or illicit purposes, it is entirely at the discretion of the client.Heptik Technologies will
not be liable or become involved in any disputes between the site owner and their clients or
another party. Heptik Technologies will not take legal responsibility for any wrongdoing on the part of a
site owner. |
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| 6. Website Maintenance. |
| Heptik Technologies provides 1 month period of website maintenance to
guarantee high quality services and make sure that website meets client needs even after the
work is finalized. During that period, Heptik Technologies will make minor update to the completed
website free changes. These changes will be minor and can only be made on the work that has
been agreed upon between client and Heptik Technologies. Heptik Technologies will not perform any new work, or
extension of the work agreed in this website design agreement. Changes made to the website
contents must not exceed 20% of website contents. Total working time must not exceed 10%
of total work time on the project. The 1 month maintenance period begins on the publication
date of the client’s website or 30 days from the signing of this agreement (whichever comes
first), and extends for 30 days after that point. The provision does not include updating or
replacing over 20% of the website text, major page reconstruction, new pages, guest books,
discussion webs, navigation structure changes or attempted updates by client repairs. |
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| 7. Cancellation. |
| In the event of the client requesting to end this agreement, all payments for
work completed must be paid and client remains liable to Heptik Technologies. If the client decides they
no longer want the site, as they have commissioned the work and paid a deposit they are still
obliged to pay for the work that has been done. Ending this agreement does not relieve the
client from his/her obligation to pay our company work we have completed. |
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| 8. Failure to Provide Required Website Content. |
| The client agrees to make available as soon
as is reasonably possible to Heptik Technologies all materials required to complete the site to the agreed
standard and within 1 month. In the event of client’s delay of delivery which interrupts the
development of the website, Heptik Technologies reserves the right to charge a 35% surcharge of the
total project cost. If it takes the client over 3 months to deliver website contents and all
materials needed for the website , therefore stalling the development of the website, we will
stop the development and we reserve the rights to request immediate payment of all
remaining fees regardless how much of the development has been completed. |
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| 9. Conceptualizing. |
| Conceptualizing means producing website design idea. Heptik Technologies can
provide one free design sample for selected clients, though we are not obligated to provide
free samples. We provide samples at our own discretion, depending on the size of the project
and how busy we are. For all projects over 15,000/- we will provide up to 3 custom design
concepts. For the projects at 15,000/- and below we will provide only 1 design concept. |
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| 10. Price Quotations. |
| The price quotations are to the work agreed upon when the quotation is
made. If the client wishes to change the conditions then new quotations will apply. If client
wishes to change conditions after consenting to this agreement (and after work begins), Heptik Technologies may accept these changes but it must be stressed that additional fees might apply. Those fees will be negotiated with a client. |
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| 11. Travel Time and Expenses. |
| Unless stated otherwise in a contract, if any representative of
our company needs to travel to client premises, Heptik Technologies reserves rights to charge travelling
costs as well as the work time cost for the time spent on travelling at the normal work time
rate of 100/-s RS. per hour. No travel charges or expenses will be incurred before project starts. |
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| 12. Advance Payment. |
All payments will be made in Indian Currency(Rs.) & US Doller($) unless agreed upon in writing
by both parties. Payment schedule and amount depends on web design projects size an can be
divided into three general categories:
a) By web design projects under 15,000/- must be paid upfront.
b) By web design projects over 15,000/- 50% must be paid upfront and 50% by publishing.
c) By web design projects over 15,000/- agreed in writing a down payment and payments
by milestones. |
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| 13. Payment terms. |
| Payment can be made to Heptik Technologies (Prateek Dave) by a bank transfer, Net Banking, credit card or via
PayPal. The client is responsible for covering all bank transfer fees. In the case of PayPal or
credit card payment client will have to pay additional 5% to cover the fee charged by PayPal.
If payment is made in foreigner currency client will be liable for exchange rate payment.
Before work commences, the upfront amount must be paid and is non-refundable. |
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| 14. Late Payment. |
| Payment of any balance is due within 10 days of the final invoice date. Heptik Technologies reserves the rights to halt work on a project if the payment is late. If the payment is not
received before 7 days after final notice or reminder, there will be a late payment charge of
10% of the amount outstanding. The client will also be charged statutory interest of 8% above
the reference rate (fixed for the six month period within which date the invoices became
overdue) pursuant to the late payment legislation. Also all published materials will be removed
from client server until the payment is received. When the payment is received all work will be
restored and there will be a minimum charge of 5000/- for restoring the project. |
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| 15. Waiver of Contractual Right. |
| If either party fails to enforce any provision of this agreement,
both parties are still bound and obligated to comply to the terms and conditions stated in this
agreement. Heptik Technologies reserves the right to change or modify any of these terms or conditions
at any time. Should Heptik Technologies waive any of these terms on an individual basis. Our decision
to waive any terms on an individual basis will not affect the validity of remaining clauses or
commit Heptik Technologies to waive the same clause on any other occasion. |
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| 16. Governing Law. |
| This agreement shall be governed by, interpreted and enforced in
accordance with the laws of India applicable therein without reference to rules governing
choice of laws. Any action relating to this agreement must be pursued in jodhpur (India), and the client
irrevocably consents to the jurisdiction of such courts. |
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| Severability. |
| If a court finds that any condition or parts of this agreement are not valid due
to a conflict of the part of the agreement with the law, then all others parts of the contract
that are not conflicting remain valid. |
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| Notes: |
Should Heptik Technologies waive any of these terms on an individual basis, this shall not affect the validity
of remaining clauses or commit Heptik Technologies to waive the same clause on any other occasion.
Heptik Technologies reserves the right to change or modify any of these terms or conditions at any time.
Should clarification of any of the above be required please contact Heptik Technologies. |
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| By agreeing to these terms and conditions your statutory rights are not affected. |
