TERMS & CONDITIONS
By placing an order with DelveIndia.com, you confirm that you are in agreement with and bound by the terms and conditions below. DelveIndia.com will carry out work only after acceptance of this agreement which is acknowledged either by written or email copy. DelveIndia.com will carry out work only for clients who are 18 years of age or above. If the client is below 18 years of age, parent/guardian permission is required.
The Client, Client refers to the Company or individual requesting or ordering the services of DelveIndia.com.
DelveIndia.com, We, Delve India refers to the Primary designer, proprietor, owner & employees.
Modification/Waiver: Modifications to this Agreement must be in writing and signed by both parties. Failure by either party to enforce any right or seek to remedy any breach under this Agreement shall not be construed as a waiver of such rights nor shall a waiver by either party of default in one or more instances be construed as constituting a continuing waiver or as a waiver of any other breach.
Notices. All notices under this Agreement shall be given in writing either by: (a) Email, with return confirmation of receipt; (b) Certified or Registered post, with return receipt requested. Notice will be effective when received, or in the case of email, on confirmation of receipt.
No Assignment. Rights or obligations under this Agreement shall not be transferred, assigned or encumbered without the prior written consent of the other party.
Governing Law. This Agreement shall be governed by the Laws of Odisha state and local court at Balangir, Odisha.
Severability: If any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. Where possible the invalid or unenforceable provision shall be interpreted in such manner as to be effective and valid under applicable law.
Headings: Headings and numbering used in this Agreement are for convenience and reference only and shall not affect the scope, meaning, intent or interpretation of this Agreement, and shall not have any legal effect.
Complete Agreement: This Agreement is the entire understanding of the parties and supersedes all prior understandings and documents relating to the subject matter of this Agreement.
WEBSITE DESIGN AND DEVELOPMENT
- The client agrees to make available all contents and materials such as text, image, video and other media files required to complete the website to the agreed standard and within the set deadline as soon as is reasonably possible to DelveIndia.com.
- Number of pages for the website is specified on DelveIndia.com’s Website Design Package, which shall be attached with this agreement. Any extra addition in number of pages will be charged separately.
- Whilst every endeavour will be made to ensure that the website and any scripts or programs are free of errors, DelveIndia.com cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.
- Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by DelveIndia.com remain the copyright of DelveIndia.com and may only be commercially reproduced or resold with the permission of DelveIndia.com.
- com cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.
- The client must recognize that at times there may be unforeseen circumstances that will delay the development process, particularly with reference to the integration of third party software. We will try our best to complete the project as agreed in the proposal. As long as it is within a reasonable period, the client agrees not to penalize us for any genuine delay, when every effort to keep the project on the proposed schedule is taken. DelveIndia.com will not be liable for such costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
- com will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner.
- Any modification to the website content such as text, image, graphics, logo, video or other media after the delivery of final website will be charged separately according to our Website maintenance packages. However DelveIndia.com’s ‘website design packages’ includes limited free maintenance service, the client shall refer the package details attached with this agreement.
- com will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed person.
- A deposit of 30% of total amount for the availing service is required with any project before any service will be carried out.
- Once a website has been designed and completed the final balance of payment is then due in accordance with our Website Design Packages. There are no exceptions to this, i.e 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.
- The website, graphics and any programming code remain the property of DelveIndia.com until all outstanding accounts are paid in full.
WEB HOSTING AND DOMAIN NAME REGISTRATION
- DelveIndia.com does not guarantee the requested domain names are available or are able to be registered. Accordingly, you should take no action in respect of your requested domain name(s) until you have been notified that your requested domain name has been registered.
- Hosting plans provided with our ‘Web Design Packages’ will differ according to the package the client is availing. The client should refer DelveIndia.com’s package details during this agreement. A copy of the client’s Package detail shall be attached with this agreement.
- The Web Hosting and Domain provided with our ‘Website Design Packages’ are free for one year. The client is advised to renew and pay required fee for web hosting and domain services prior to 15 days before the expiry date. Failure to pay the hosting and domain fee on renewal time may result in your website and emails being suspended.
- The Login details of Hosting and Domain accounts will be provided to the client. The client shall change all login passwords for website security. DelveIndia.com will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of your website due to client’s misconfiguration or any third party involvement.
- For website development, website re-designs or existing site maintenance, the client needs to provide their hosting account login credentials also called FTP access or Cpanel access.
- We offer hosting services by buying server space from Godaddy.com . They have great customer and technical support and service guarantee for an annual average of 99% network availability for their infrastructure.
Should you require any additional information, please refer to the Godaddy.com’s own websites for their terms and conditions from this link https://www.godaddy.com/agreements/ShowDoc.aspx?pageid=hosting_sa
- Emails are hosted on shared and non-shared servers hosted via third party providers. DelveIndia.com ensures best to our ability that the systems and servers are protected from hackers, viruses, intruders and other online and offline problems, however we will not be held liable for any disruption of services if such situation arises.
FEES AND DEPOSITS
- All prices are quoted in Indian Rupees (INR) are exclusive of Service Tax unless specified.
- Receipt of payment is deemed as acceptance of the quote, package, delivery or project.
- A non-refundable 30% deposit is required before the commencement of any work.
- The remaining balance is to be paid upon completion of your website. i.e you have approved the design, it is uploaded to the server and made live.
- Payments can be made by cash, direct bank deposit, online transfer, credit/debit card and net banking. However the client has to bear any transaction charges occurring during the bank, online transfer, debit & credit card payment.
- All invoices are to be paid within 7 days of the invoiced date.
- All communications/correspondences of Invoices are generally done via emails or hand to hand delivery. If the client wants the invoice via post/ courier the additional postal/ courier charge has to be bear by the client.
- Any payment relating to the domain name registration renewal or hosting or any 3rd party products or service purchased on behalf of the client will have to be in paid in full and is non-refundable.
CANCLELATION AND REFUND
- If the client wants to opt out early for any reason, the client forfeits the 50% deposit. However if the client opts out before the end of the cooling off period which is 5 days after DelveIndia.com has received the deposit then the 50% deposit will be fully refunded within 7 working days.
- If the client fails to provide DelveIndia.com with their website content including text, graphics, images and maintain reasonable contact within 21 days of paying their deposit DelveIndia.com reserves the right to discontinue service and the 50% deposit will be forfeited, unless an extension of the deadline is granted.
- Project related ownership (such as ownership on designed logo, website, text contents, images domain name etc.) will be transferred fully to the client after completion and full payment of the project and upon signing the Certificate of Acceptance. However DelveIndia.com retains the rights to charge an additional amount in some cases while transferring the ownership with the consent of the client.
- Copyrights handed over to the client do not include rights to re-use the code for another website or re-sell the programming codes for any commercial or non-commercial purposes. In the case of business restructuring or ownership change, ownership of the website may be transferred from one owner to another. New owners are not allowed to re-sell or re-use for any commercial or non-commercial purpose.
- In an event of a Webmaster change, site owners are not allowed to display the credits to the new website, unless such time that the website functionality and appearance is changed by over 50% of our original work.
- DelveIndia.com retains the right to showcase the project in a portfolio as a part of DelveIndia.com’s work.
- DelveIndia.com cannot use the client’s personal and private information for sale or copy, including contents provided by the client during the project.
- The rights to any third party items such as photographs, graphics and source code, always remain the property of their respective owners.
- Contents provided to DelveIndia.com by The Client are the exclusive property of the Client. Client grants Designer a nonexclusive, non-transferable license to use, reproduce, modify, display and publish the Client Content solely in connection with Designer’s performance of the Services and limited promotional uses of the Deliverables as authorized in this Agreement.
DISPUTES, LIABILITIES AND INDEMNITY
- com provides its services as is, without any guarantees on security or other issues leading to loss of data, sale or reputation. We ensure to the best of our ability that our systems and servers are protected from hackers, viruses, intruders and other online and offline problems, however we will not be held liable for any disruption of services if such situation arises.
- Client will indemnify and hold DelveIndia.com, its licensors, content providers, service providers, employees, agents, officers, directors, contractors and sub-contractors (the “Indemnified Parties”) harmless from your breach of any of these Terms And Conditions or any other terms, conditions, policies or procedures herein, including, without limitation, any use of content other than as expressly authorized in these Terms and Conditions. Client agrees that the indemnified parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify and hold harmless the Indemnified Parties from any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information obtained from DelveIndia.com.
- com will not be liable for any breach of the agreement which is caused by a matter beyond its reasonable control including but not limited to Act of God, fire, lightning, explosion, war, disorder, flood, earth quake, industrial disputes (whether or not involving their employees), extremely severe weather, or acts of local or central government or other competent authorities.
Negotiation: Parties agree to attempt to resolve any dispute by negotiation between the parties.
Arbitration/Mediation: If parties are unable to resolve the dispute by negotiation, either party may start mediation and/or binding arbitration in a forum mutually agreed to by the parties.
Jurisdiction: In all other circumstances, the parties specifically consent to the local court located in District Bolangir, Odisha. The parties waive any jurisdictional or venue defences available to them and further consent to service of process by mail.
Lawyer Fees: The prevailing party shall be entitled to recover its lawyer’ fees and costs in any dispute resolved by binding arbitration or litigation.
DelveIndia.com agrees that its proprietor, owner, developers and employees will not at any time disclose any of client’s confidential information to any third party.