Daksha Digitas Terms and Conditions
1. Contract: The client’s approval for work to commence shall be deemed a contractual agreement between the client and Daksha Digitas The approval for the work can be through either an email confirming back the quote (with the quote document attached) or the quote document signed by the client. Important Payment of the advance fee indicates that the client accepts these terms and conditions, and approves to commence the work.
2. Photography and graphics: Daksha Digitas may use stock photographs and images while creating the website. Images and graphics purchased from stock libraries are not generally included in the quote and will be invoiced separately. Daksha Digitas will keep the client updated about the stock images being used and the cost involved before raising the invoice.
3. Browser compatibility: Daksha Digitas makes every effort to design pages that work flawlessly on most popular current browsers i.e. IE11 and latest version of FireFox/Chrome released on the date of project agreement. We, however, cannot be held responsible for pages that do not display acceptably in new versions of browsers released after pages have been designed. IE10 and older IE versions are outdated browsers and hence we don’t design with them in mind. We recommend using latest version of Chrome or Firefox instead of older versions of Microsoft Internet Explorer.
4. Content for general information only :The information given here is for general purpose only and is liable to be changed at the discretion of the company.
5. Search Engine Submission: Following services are not part of the project unless agreed otherwise in writing:
i. Submission of websites on different search engines.
ii. Securing good ranking of your website on different search engines.
iii.Search Engine Optimization – On Page/Off Page.
6. Site maintenance: Unless otherwise agreed in writing, following services will be separately billed after the website has been made live:
i. Content updates
ii. Refinements and logical tweaks to the website, which were not planned/approved by client earlier.
iii. Content presentation and design updates which were not planned/approved by client earlier.
7. Content: After Daksha Digitas has delivered the website to client, client is solely responsible for the content/information/images posted on his website. If there is any error or omission by Daksha Digitas team while uploading/posting the content/information/images on client’s website, Daksha Digitas will correct it if reported to Daksha Digitas representatives.
8. Material: All material supplied by the client shall remain client’s property. Daksha Digitas rightfully believes that this material belongs to the client and that it does not breach any copyright laws. Under no circumstances shall Daksha Digitas be held responsible for any claims, damages, and loss of profit or reputation caused to client due to the use of material provided by the client.
9. Domain names booked by Daksha Digitas on behalf of client: Daksha Digitas provides domain name consultancy if required. Domain names registered by Daksha Digitas on the client’s behalf are property of Daksha Digitas until client has paid for the domain booked and any fee involved.
Daksha Digitas agrees to transfer such domains to the client or his/her agent when asked to do so provided that all accounts have been settled.
Note: Domains booked and owned by client are not subject to this term. This term applies only to those domains which are booked by Daksha Digitas upon the request of client.
10. Travel Time and Expenses: Travelling time to and from the client premises is not generally included in our estimate. If a visit/travel is required for meeting, the client will bear all the expenses or as agreed by both the parties.
11. Third Party Add-ons/services/applications: All third party costs arising from the registration of a domain name/purchase of third party utilities/services shall be met by the Client and are payable to Daksha Digitas before a formal application for registration is made. Examples of 3rd party fees are as under:
i. Domain Names
ii. Server Space Hosting Fees
iii. SSL Certificates
iv. Backup Services
v. 3 rd Party APIs, if any, required by ‘Client’ to be integrated with the work ordered.
vi. 3 rd Party Plugins/Scripts/Applications/Software/Widgets/Services, if any, required by ‘Client’ to be integrated with the work ordered.
vii. Payment Gateways Signup and Recurring Fees
12. Examples of work: Unless negotiated otherwise, Daksha Digitas retains the right to list/display the client name and logo with or without work performed (Design/Development/Online Promotion) for the Client in its respective portfolios and promotion materials. This over-rides all previous agreements and NDAs signed.
13. Quotations: The price quoted to the client is for the work agreed in the proposal document only. Should the client decide that changes are required after the project work has been initiated, then Daksha Digitas will provide a separate quote for the additional work and may need to review the timescale for completing the project. Cost estimates and prices quoted are valid for maximum one month unless otherwise agreed.
14. Mode of Payment:
i. Clients Based Outside India: International Wire Transfers, Credit Card/PayPal via 2Checkout payment gateway.
ii. Clients Based in India: NEFT, RTGS or Physical Cheques mailed to our office address.
15. Payment Terms:
i. Payment plan is agreed between the ‘Client’ and Daksha Digitas based on the milestones.
ii. ii. Payment shall be due within 7 days of the invoice date unless specifically mentioned in the Invoice.
iii. Full publication of the website/technical work will only take place after full payment has been received in our account unless otherwise agreed in writing.
iv. Any material previously published may be removed if payment is not received. When this occurs, a minimum charge of $250 USD will be charged to have the site restored.
v. Accounts that have not been settled within 14 days of the date shown on the invoice will incur a late payment charge of $100 USD or 5% of the Invoiced Amount (whichever is higher), for each week delayed.
vi. In case of delay in payments beyond the due date, Daksha Digitas reserves the right to stop the work being commenced and ‘Client’ agrees to exempt Daksha Digitas from meeting the timelines agreed.
16. Cancellation: Both the parties reserve the right to cancel the project at any stage.
Any request for cancellation must be made in writing and received by us within 14 days of initial payment made. You will be charged a cancellation fee of 10% of the total contract cost. We may also charge you for any programming, design or creative work we have already done for you up to the time we receive your cancellation, at our normal hourly rate(Rs. 500 Per Hour). In the event you delay completion of your website for more than 6 months, Daksha Digitas will give 30 days’ notice of intention to cancel the contract. Should you fail to remedy the breach to our satisfaction within this period, Daksha Digitas will cancel the contract without further notice, any deposit paid will be retained to offset any design work completed to date and you also agree to pay for any charges not covered by the deposit.
17. Delayed Response from Client Side: Unreasonable delays from client side in providing the required feedback/information/data to finish the project shall exempt Daksha Digitas from meeting the timelines mentioned in the quote. In case client does not provide required details/data/information within 15 working days, client agrees that the payments made towards the project will be forfeited and retained by Daksha Digitas as full and final settlement against the work completed till date. Daksha Digitas shall not be liable to deliver any files to client if client is not traceable or not responsive for 15 working days.
18. Jurisdiction: In the event of dispute, misunderstanding or disagreement arising out of or in relation to or in connection to this Agreement, the parties agree to resolve amicably through mutual consultation by an appointing arbitrator at the workplace. In the event that the parties fail to so settle such dispute, any such dispute shall be finally settled through binding arbitration according to the provisions of the Arbitration Act, as amended from time to time. Such arbitration shall take place in New Delhi, India, and be conducted in the English language.
19. This Agreement shall be governed by and construed under the laws of India.
20. Time Estimates: Client agrees that stipulated timelines cannot be met if the project scope is changed by client once the project scope document is finalized. Client agrees not to change the requirements without extending the original agreed timelines by minimum 1 week against each change request.
21. Share in profits from business or sale of business: After client makes the agreed payment for the project, Daksha Digitas will not claim share in client’s profits from business or from sale of business to some other company.
22. Copyright/Ownership Rights: Daksha Digitas will retain the copyright of any material, including design, artwork and the source code, created for the client by Daksha Digitas. Daksha Digitas reserves the right to retain the copyright on all material created by Daksha Digitas unless otherwise agreed between the two parties in writing. As per the agreed terms client owns rights on following items:
i. Logo/Graphics/Pictures/Images supplied by client – Yes
ii. Website Interface/PSD/Creatives/Designs – Yes, if client has ordered custom design with Exclusive Rights.
iii. Programming Files/Source Code – Yes, if the Client has ordered the project with Exclusive Rights. Client does not own the copyright/Intellectual property rights for projects being done on Single Domain License basis.
iii. If the project is being done on Single Domain License basis, Client owns the rights to use the system only on designated domains and Client should take reasonable care of the system files to restrict un-authorized access of the system scripts/source code delivered.
23. SEO services
21.1. Client will: 21.1.1. Authorize Daksha Digitas and its Suppliers to Submit Client Website pages being promoted to search engines and directories; 21.1.2. authorise Daksha Digitas to optimise the structure and content of Client’s Website pages. Such changes generally have a minimal visual impact, and Daksha Digitas will work directly with Client in order to maintain the original look and feel of Client Website; 21.1.3. Provide Daksha Digitas with log-on information (username and password) so Daksha Digitas can gain FTP access to the Client Website; 21.1.4. Allow implementation of all optimization strategies on Client Website; 21.1.5. inform webmasters or anyone else who has access to the Client Website that Daksha Digitas are performing the SEO Services on the Website; and 3.1.6. Ensure Client Website is always active and accessible.
21.2. Daksha Digitas may change at any time key-words used in a SEO campaign at any time without giving you notice.
21.3. Client agrees and acknowledges that the Service may be detrimentally affected if Client has: 3.3.1. Employed the services of another SEO provider, or any other related services to work on the Client Website during the same period or previously/in the past;3.3.2. Employed the services of a search engine submission company during the same period; 3.3.3. Created any duplicate sites, duplicate content or pages, redirects or doorway pages; 3.3.4. Requested or exchanged links with link farms or undertaken any spamming techniques which may harm the Client Website; or 3.3.5. Attempted to use any other techniques, whether allowed by Google or other Suppliers or not, to attempt to increase the SEO ranking of the site.
21.4. Daksha Digitas makes no warranty or representation: 21.4.1. As to the position your advertisement is placed on a search result page, or the frequency and time of day that your advertisement is displayed; 21.4.2. For any specific result on any search engine; 21.4.3. As to the quantity or quality of increased traffic or sales to Client Website;
21.4.4. As to Client Website’s ranking. In particular, Client acknowledges that the search engines change their ranking algorithms on a regular basis and new sites and competitor sites may be being optimised and submitted continually.
21.5. While Google’s results are displayed on other search engines, Daksha Digitas Services are aimed at increasing visibility and boosting traffic from Google. Google does change its algorithm and Daksha Digitas is not responsible for the client’s rankings due to this algorithm change. Daksha Digitas will endeavor to maintain clients Google rankings, but the client acknowledges that Daksha Digitas is not liable for any loss of business due to ranking fluctuations caused by Google algorithm changes. Plus if client has had any previous SEO work carried out on their website by another SEO company, Daksha Digitas is not responsible for the client’s ranking fluctuations that may have been caused by this previous SEO work.
21.6. Client remains responsible for the ongoing security and integrity of their own software, website, networks and systems.
21.7. Client agrees to pay Daksha Digitas the Product Fees as set out in the Quote. Services will be initiated only after receipt of initial payment of professional fees. Initial project payment received by Daksha Digitas confirmed that you read and accepted all terms and condition mentioned in this proposal. A deposit of 1 month payment in advance on acceptance of proposal.
21.8We will continue to charge you on monthly basis at the initial subscription rate unless you cancel your account (in writing) 30 days before the charge date. If you fail to pay any outstanding invoice(s) for web services provided by us, we will be entitled to suspend any ongoing SEO services, until such time as the outstanding invoice(s) are paid for in full. All links remain the intellectual property of Daksha Digitas and can be removed at the sole discretion of Daksha Digitas at the end of the campaign. No refunds at any circumstances will be provided by Daksha Digitas at any point in time for any SEO work carried out. The client does not own any of the links created for the SEO campaign.
21.9 Daksha Digitas follows an ethical SEO policy and may consider taking action in case it discovers that the client has participated in wrong actions like making use of hidden links , using automated reciprocal link programs , using page redirect etc.
21.10 In an event where Google performs an algorithm update, this may delay search result ranking. Daksha Digitas always performs a thorough evaluation of the client’s website after every Google algorithm update to make sure that the client’s website still complies with the latest changes. A recommendation will be provided by Daksha Digitas to the client if the client’s site is found not in compliance to the latest Google algorithm changes and this recommendation will be implemented within the next 14 days.
24. Ownership of Code and Intellectual Property Rights: Unless otherwise agreed, Daksha Digitas is the owner of the source code and the intellectual property rights and reserves the right to reuse the code for other projects.
25. Single Domain License: Unless otherwise agreed, client agrees to setup the scripts delivered only on one domain, one sub-domain (wip.yourdomain.com) and localhost. However if client wish to run same website on different domain/sub-domain, then client has to purchase separate license for each domain/sub-domain.
No license would be required for Add-on Domains that will point to the main domain where this system will be implemented. All add-on domains will be forwarded to the main domain from the hosting server and no additional license would be required for these domains.
For every new domain or sub-domain , client has to buy a separate license.
26. License Validity Period: Limited period license is issued initially. After 6 months from the date of full payment, life time license is issued. Feel Free to contact Daksha Digitas Support Team, in case your license has expired and payment has been made in full, such issues will be resolved on highest priority.
27. No recurring costs of license: There is no renewal/recurring license fee. However, if client wishes to run same website on different domain or sub domain, then client has to purchase separate license for each domain or sub domain.
28. Use of encrypted files: Unless otherwise agreed, Daksha Digitas can use own framework (code library in encrypted format) for web applications development for making source code of our intellectual property/scripts secure from other programmers; faster turnaround time; and bug free application development. Client will be provided with detailed documentation for using framework (code library functions). With the help of documentation provided, other programmers can modify the website functionality. Daksha Digitas framework is collection of functions related to Database Manipulation, Images/Files Management, Paging, and Form Builder etc. which looks like PHP Functions but have different syntax than default PHP functions. Other willing and efficient PHP programmers can learn and practice these functions/framework within 2-4 days.
Note: In no event, Daksha Digitas shall be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate these Web pages or website, even if Daksha Digitas has been advised of the possibility of such damages. Despite the best efforts of Daksha Digitas, errors in web page information may occur. At no time will Daksha Digitas be held responsible for accidentally including erroneous information, extending beyond correcting the error.
Should Daksha Digitas waive any of these terms on an individual basis, this shall not affect the validity of remaining clauses or commit Daksha Digitas to waive the same clause on any other occasion.
By agreeing to these terms and conditions, your statutory rights are not affected.
Daksha Digitas reserves the right to change or modify any of these terms or conditions at any time, but agreements signed prior to the updates in this agreement remains unaffected. Please feel free to contact us for more info/clarification about any of the terms and conditions mentioned above.
