Terms & Conditions

Terms & Conditions :

  1. Standard Terms and Conditions

These are the standard terms and conditions for Website design & Development, Software Development, Website Hosting, Domain Registration, Internet Marketing and apply to all work undertaken by Profit By Digital for its clients.

  1. Our Fees and Deposits

Website Design & Development: – The total amount of 50% must be payable under our proposal immediately to proceed with the website design and development work. The remaining 50% must be payable when the project is completely delivered or hosted.

Software Development:-  After depositing of 50% of total fee payable under our proposal, company will start the work and after completion of work, the customer has to clear remaining 50% amount. After clearing Total fee work will be delivered.
Website Hosting:-  Company charge Total hosting charge in advance.
Domain Registration:-  We register a domain on behalf of the customer after deposit total domain charge.
Internet Marketing:- For SEO we take a fee in advance in different modules ( Quarterly / Half yearly / Yearly).

  1. Supply of Materials

You 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, written copy, 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 you fail to supply materials, and that prevents the progress of the work, we have the right to invoice you for any parts of the work already completed.

  1. Variations

We are pleased to offer you the opportunity to make revisions to the design. However, we have the right to limit the number of design proposals to a reasonable amount and may charge for additional designs if you make a change to the original design specification.
Our website development phase is flexible and allows certain variations to the original specification. However, any major deviation from the specification will be charged.

  1. Project Delays and Client Liability

Anytime frames or estimates that we give are contingent upon your full cooperation and complete and final content in photography for the work pages. During Development there is certain amount of feedback required
In order to progress to subsequent phases. It is required that a single point of contact be appointed from your side and be made available on a daily basis in order to expedite the feedback process.

  1. Approval/ Completion Of Work

On completion of the work, you will be notified and have the opportunity to review it. You must notify us in writing of any unsatisfactory points within 7-days of such notification. Any of the work which has not been reported in writing to us as unsatisfactory within 7-day review period will be deemed to have been approved/ completed.

  1. Payment

Upon completion of the 7-day review period, we will invoice you for the 50% balance of the project.  After website live if any issues or bugs come we will rectify that as soon as possible.  After website lives, we keep the website in Testing for 30 days, during this period our team watch every features and activity on the website and if any issues found our team will rectify this.

In case client fail to clear balance amount within 15 days after website completion and live, we have full right to stop website.

  1. Warranty By You as To Ownership Of Intellectual property Rights

You must obtain all necessary permits and authorities in respect of the use of all copy, graphic images, registered company logos, names, and trademarks, or any other materials that you supply to us to include in your website or web applications.

You must indemnify us and hold us harmless from any claims or legal actions related to the content of your website.

  1. Licensing

Once you have paid us in full work we grant to you license to use the Website / Software and its related software and contents for the life of the website.

  1. Search Engines

We do not guarantee any specific position in search Engine result for your website. We perform search engine Optimization according to current best practice.

  1. Consequential Loss

We shall not be liable for any loss or damage which you may suffer which is in any way attributable to any delay in performance or completion of our contract, however that delay arises.

  1. Disclaimer

To the full extent permitted by law, all terms, conditions, warranties, undertakings, inducements or representations whether express, implied¸ statutory or otherwise(other than 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 Profit By Digital under any term condition, warranty or representation that by law cannot be exclude is, were 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.

  1. Subcontracting

We reserve the right to subcontract any services that we have agreed to perform for you as we see fit.

  1. Additional Expenses

You agree 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, stock photographs, fonts, domain name registration, web hosting or comparable expenses.

  1. Backups

You are responsible for maintaining your own backups with respect to your own backups with respect to your website and we will not be liable for restoring any client data or client websites expect to the extent that such data loss arizes out of negligent act or omission by us.

  1. Ownership of Domain Names and Web Hosting

We will supply to your account confidential for domain name registration and/or web hosting that we purchased on your behalf when you reimburse us for any expenses that we have incurred.

  1. Cross Browser Compatibility

We endeavor 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.Third party extensions, where used, may not have the same level of support for all browsers.Where appropriate we will substitute alternative extensions or implement other solutions, and the best offer effort basis, where any incompatibilities are found

  1. E-commerce

You are responsible for complying with all relevant law relating to e-commerce, and to the full extent permitted by law will hold harmless, protect, and defend and indemnify Deliciously and its subcontractors from any claim, penalty, tax, tariff loss or damage arising from your or your clients use of internet electronic commerce.

Notes

Bad/Cancelled check fee in the event that a client writes us a check that does not clear there will be a Rs.400 fee added to the
clients account.
The agreement shall be governed by the LAWS of India.The courts of LAW at Delhi/New Delhi shall have exclusive jurisdiction over any disputes arising under this agreement.