•My Digital Desh before the commencement of the work.
•The Client is alsThe Client is responsible for providing all content (text and multimedia) to o responsible for taking proper backup of all content on their site before allowing My Digital Desh to begin the work. My Digital Desh will not be held accountable for any loss or damage to existing data.
•Unless otherwise specified, My Digital Desh is not responsible for any data entry, web hosting or custom artwork/graphics-related task; any artwork, images, or text supplied and designed by My Digital Desh on behalf of the Client, will remain the property of My Digital Desh and its suppliers unless otherwise agreed.
•My Digital Desh will do its best to deliver all services within the estimated time; however, there may be times when the timeline needs to be adjusted due to unforeseen circumstances such as deployment issues, dependencies, 3rd-Party support, development bottle-necks, resource unavailability due to emergency, communication delays, etc.
•My Digital Desh will provide the Client with an opportunity to review the appearance and content of the Web site during the design and once they are completed.
•The Client has seven days to provide feedback on the shared work/outputs, after which the material will be accepted and approved by the Client.
•The Client retains the copyright to data, files and graphic logos provided by the Client and grants My Digital Desh the rights to publish and use such material.
•The Client must obtain permission and rights to use any information or files that are copyrighted by a third party and must grant My Digital Desh permission and rights for the use of the same.
•The Client agrees to indemnify and hold harmless My Digital Desh from any claims resulting from the Client’s negligence or inability to obtain proper copyright permissions.
•My Digital Desh will not accept responsibility for any alterations caused by the Client or a third party occurring to the Client’s pages/website once installed/deployed.
•My Digital Desh may require a one-off Web Development charge before resolving any issues that may arise.
PAYMENTS
•My Digital Desh accepts payments by cheque, Cash or Bank Transfers (although we reserve the right to decline payment in any form without notice).
•Without limitation, My Digital Desh reserves the right to withdraw any payment methods at any time and to vary its prices without prior notice.
•A cancellation fee may be charged if the Customer cancels the Service before completion.
•The fee will equal the amount of work completed at the time of cancellation.
•A non-payment of the cancellation fee and over-due amount will result in legal action upon necessity.
Support and 3rd-Party
•As the site launches, we offer free support for the first month. After one month of free service, we charge according to our various price packages best suited to the client’s requirements. We also provide attractive discounts if the client chooses a higher-price package. The scope of support only includes any bug fixing and email support and excludes any issues related to the site architecture, rule changes and add-ons/enhancements.
•Any 3rd-Party support, product and service being used/ integrated into the site which requires licensing, payment, copyright, etc., shall be the sole responsibility and liability of and be provided by the client or will be procured by My Digital Desh on behalf of the client on pre-payment for the cost of such procurement. The fee charged by My Digital Desh is exclusive of out-of-pocket expenses and expense claims filed by third-party products/services involved.
•My Digital Desh shall provide no guarantees or warranties for the accuracy or performance of such 3rd-Party product/service.
•Any upgrade in the 3rd-Party product/service used in the project shall not be part of the scope at My Digital Desh. Such shall be addressed per feasibility, and revision of price and My Digital Desh may call for time
Re-work, Enhancements/Add-ons and Billing
•Any additional features not envisaged in the scope of work would be entertained through a Change Management process and billed additional. Scope Creeps after wireframe sign off would be billed as additional and time lines and cost for delivery would increase.
•Most tweaks such as minor changes/re-work are normally just completed, however, if we feel this is being abused, we will build a list of works found being the grounds of abuse and bill such additionally per the total time efforts involved and undertaken to achieve the work/tasks at business rates ranging from 800 to 1200 INR per hour.
•Whilst we try our best to cover most changes within the site’s budget, some changes are classified as enhancements/add-ons to the system and become chargeable; we will advise you before we start work of any such items.
•Any re-work, change or tweak request by the client post approval and/or furthering to the subsequent stage of project process shall be treated as add-on work and be additionally billed.
•The client must pay the fee charged by My Digital Desh without any deductions, discounts or debt settlement by the agreed due dates.
Limitations of Liability
•My Digital Desh will use reasonable skill and care in providing the Service. However, we make no representation and exclude any warranty, express or implied, as to the availability, quality, accuracy, timeliness, completeness, performance or fitness of the Service.
•My Digital Desh, as a result of this, excludes itself, its Employees and or Agents from all and any liability for loss or damage caused by any inaccuracy; omission; delay or error, whether the result of negligence or other cause in the production of the website; All and any liability for loss or damage to clients’ artwork/photos, data/content supplied for the site. This is whether the loss or damage results from negligence or otherwise.
•Except in the event of death or personal injury caused by our negligent acts or omissions, we shall not be liable in any way for any damages arising in contract, tort or otherwise in respect of loss or damage arising out of or in connection with this Agreement or operation of the Service. In no event will we be liable for any direct, indirect or consequential damages in contract or tort, including loss of profit, loss or damage to property or relating to claims made by third parties.
•My Digital Desh cannot make guarantees of Service on behalf of third-party organizations and will not be held liable for the failure of any service provided by third parties.
Time-Scale
•My Digital Desh will aim to complete all services within the agreed timescale. The timescale will commence on receipt of the agreed % deposit 50% of the project price as mutually discussed and agreed before contract finalization) as acceptance and all website content from the Customer.
•My Digital Desh may need to extend any timescales due to circumstances beyond their control.
Jurisdiction
•These terms shall be governed by and interpreted following Indian Law. The parties irrevocably agree that the courts of India shall have exclusive jurisdiction to settle any dispute arising out of, under, or in connection with these Terms and Conditions. Placement of an order will confirm acceptance of these conditions, which are attached to the Order.
Severability
- •In the event any one or more of the provisions of this Agreement and/or Order shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement and/or Order shall be unimpaired, and the Agreement and/or Order shall not be void for this reason alone. Instead, such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision which comes closest to the intention of the parties underlying the invalid, illegal or unenforceable provision.
