By placing an order with iMedia Infotech, you confirm that you are in agreement with and bound by the terms and conditions below.
The Client: The company or individual requesting the services of iMedia Infotech.
iMedia Infotech: Primary designer/site owner & employees or affiliates.
1. Client Responsibilities
The Client agrees to make available as soon as it is reasonably possible to iMedia Infotech all materials required to complete iMedia Infotech web page design services to the agreed standard and within the set deadline. Write-Up (Content): Soft copy of write-ups must be submitted in editable Microsoft Word® ".doc" file format. Write-ups in any other formats (e.g. PowerPoint®, Excel®, Adobe® ".pdf" format. Logo / Pictures (Images): Vector File of the Logo (Illustrator, Corel or PDF), iMedia Infotech will paste exactly the logo provided by Client including its specification on the website. Additional requested change on the current Logo design will be subject to additional charges. Photos - All images must be submitted in ".jpg", ".jpeg" or ".gif" format at an appropriate resolution. All images must be labeled appropriately. (e.g. logo.gif, logo.jpg, product1.jpg, product2.jpg, etc.). If the Client has preference on placement of images on pages, the same should be stated clearly. Content / Images (collectively, "Client Materials") Submission Requirements: Content / Images must be finalised before submitting to the handling designer of iMedia Infotech. Layout, fonts and corporate colors (if any) must be clearly stated. The Client shall be legally responsible for all information, data, text, software, music sound, potographs, graphics, video, messages or other Content or Images or materials of any nature (collectively " Client Materials") provided, uploaded, posted or stored in connection with the Client's use of iMedia Infotech services. iMedia Infotech is not responsible for the Client Materials.
- PRIMARY CONTACT
The customer shall appoint one (1) individual within customer’s organization to serve as primary contact between the customer and iMedia Infotech for purposes of each Design or Development project. Contact information for this individual shall include email address and telephone number.
- PROJECT DELAYS AND CLIENT LIABILITY
Any time frames or estimates that we give are contingent upon your full co-operation and complete and final content in photography for the work pages. During development there is a 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.
- APPROVAL 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 the 7-day review period will be deemed to have been approved. Once approved, or deemed approved, work cannot subsequently be rejected and the contract will be deemed to have been completed and the 50% balance of the project price will become due.
- REJECTED WORK
If you reject any of our work within the 7-day review period, or not approve subsequent work performed by us to remedy any points recorded as being unsatisfactory, and we, acting reasonably, consider that you have been unreasonable in any rejection of the work, we can elect to treat this contract as at an end and take measures to recover payment for the completed work.
- WARRANTY BY YOU AS TO OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS
You must obtain all necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names and trade marks, or any other material 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 / photos / video of your website.
2. Our Fees & Deposit
Charges for services to be provided by iMedia Infotech are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 30 days. iMedia Infotech reserves the right to alter or decline to provide a quotation after expiry of the 30 days.
A 50% deposit of the total fee payable under our proposal is due immediately upon you instructing us to proceed with the website design and development work. We reserve the right not to commence any work until the deposit has been paid in full.
The twenty five (25) percent of the project quotation total due upon homepage design & 1 innerpage design freeze. The remaining twenty five (25) percent of the project quotation total due upon completion of the work, prior to upload to the server or release of materials. The 50% intial deposit is only refundable if we have not fulfilled our obligations to deliver the work required under the agreement. Otherwise the initial deposit is not refundable. Additional charges shall be payable for out-of-scope work, that is work not otherwise expressly set out in your Proposal document.
3. Delivery Time Line / Revisions (General Average Time).
A period of 7-15 working days (Basic & Standard Websites), 12 to 30 working days (Advanced website, Custom design website, CMS Packages), 45 to 60 working days (E-Commerce Packages), excluding Saturday, Sunday and Public Holiday, shall be allowed for the construction / completion of the website. This period shall only commence from the day all finalised Client Materials are submitted. Uploading, Domain Pointing, Testing on Live server time extra.
Upon approval of theme / design selection, mock-up design, 2 time homepage revision (Basic & Standard Website) and 3 times (Advanced, CMS, and E-Commerce Package) minor amendments shall be allowed for the website content only. Examples of minor amendments include grammatical correction, editing of sentences, change of the background color, etc. Layout changes will be subject to additional charges. However any major deviation from the specification will be charged at the rate of INR 500 per hour.
4. Delays & Cancellation.
Illness, injury, or other events beyond iMedia Infotech’s control, including but not restricted to: fire, theft, computer failure, and Acts of God may result in a delay of unpredictable length.
Cancellation of orders may be made initially by formal notification in writing to the Designer’s email address, however no refunds will be provided.
Delivery time lines may be adjusted depending on the complexity of the Web Design and the types of amendment requested, and are subject to the submission of materials by the Client within the designated time frame agreed upon. iMedia Infotech shall not be held responsible for delays if Client does not submit the materials / amendments on time. iMedia Infotech will not be liable to Client for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
5. Database, Application and E-Commerce Development.
iMedia Infotech cannot take responsibility for any losses incurred by the use of any software created for the Client. Whilst every care has been taken to ensure services are problem free and accurate, the ultimate responsibility lies with the Client in ensuring that all software is functioning correctly before use.
Where applications or sites are developed on servers not recommended by iMedia Infotech, the Client is expected to provide or seek any information, additional software, support or co-operation pertaining to the server required in order for the application to be correctly developed. Where large applications are to be developed, it is the Client’s responsibility to provide a suitable testing environment which is identical to the final production environment.
The Client is expected to test fully any application or programming relating to a site developed by iMedia Infotech before being made generally available for use. Where “bugs”, errors or other issues are found after the site is live, iMedia Infotech will endeavor (but is not obliged to) to correct these issues to meet the standards of functionality of the website.
In the event that any web services and/or iMedia Infotech Materials offer the Client the opportunity to sell or purchase goods or services through websites hosted or designed by iMedia Infotech (such goods and services "Commercial Products"), the Client acknowledges and agrees that iMedia Infotech is merely providing the platform for buyers and sellers (and potential buyers and potential sellers) to negotiate and complete transactions for those Commercial Products. When a buyer purchases Commercial Products, payments will be processed through a third party service provider of iMedia Infotech to which the buyer will be directed, which payment will be processed subject to the terms of service of that third party service provider. iMedia Infotech will be not responsible in any manner any actions or omissions of that third party service provider. In addition, the Client must comply with the following rules:
- The Client shall not offer or sell illegal or potentially illegal Commercial Products, Products that may infringe intellectual property, Products that inappropriate, offensive, pornographic, sexually explicit or violent, restricted weapons or armory, including but not limited to firearms, restricted devices and ammunition, content that is libelous, slanderous or otherwise defamatory. The Client must not use images or names of any third party when offering or selling Commercial Products without first obtaining that party's permission, any violation of any of the rules aforesaid, or any other provisions in these Terms and Conditions, may result, at the absolute discretion of iMedia Infotech, in immediate removal of any Client Materials.
Client must indemnify iMedia Infotech, and its affiliates, directors, employees, agents and business partners and service providers (Relevant Parties) against all claims, damages, losses and liabilities resulting from the use of any web services of iMedia Infotech and / or any iMedia Infotech Materials, or any act or omission in the part of Relevant Parties in the breach of these Terms and Conditions.
Under no circumstances will iMedia Infotech or any of the Relevant Parties be liable for any lost profits, revenue, business or anticipated savings, or other consequential, indirect or special damages of any kind even if such damages, losses, costs or expenses are caused wilfully, recklessly or negligently or otherwise communicated with iMedia Infotech prior to the relevant incident.
iMedia Infotech may utilize the services of subcontractors to fulfill any or all of its obligations under this Agreement. iMedia Infotech my assign any or all of its rights and obligations to any third party without advance notice to you. In such event such third party shall be obligated to fulfill all terms set forth herein to the same extent as if this Agreement had not been assigned.
8. Website Hosting / Email Solutions
Whilst iMedia Infotech recommends & books hosting / email companies to host websites, no guarantees can be made as to the availability or interruption of this service by iMedia Infotech cannot accept liability for losses caused by the 3rd party unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss.
iMedia Infotech reserves the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial, and also to terminate the hosting service should the necessity arise.
9. Electronic Commerce Laws
The Client agrees that the Client is solely responsible for complying with any laws, taxes, and tariffs applicable in any way to the Web Design Project or any other services contemplated herein, and will hold harmless, protect, and defend iMedia Infotech and any partners and subcontractors from any claim, suit, penalty, tax, fine, penalty, or tariff arising from the Client’s exercise of Internet electronic commerce and/or any failure to comply with any such laws, taxes, and tariffs.
10. Search Engines.
Basic Search Engine Optimization services are included in the development of the Website under this Agreement. No listing or ranking is promised or guaranteed under this Agreement. iMedia Infotech does have partners that offer SEO related services. Please contact your iMedia Infotech representative if you are interested in purchasing SEO services for your website.
11. Disclaimer and Limitation of Liability.
Whilst every effort will be made to ensure that the website and any scripts or programs are free of errors, all web services of iMedia Infotech provides will be so provided on an "as is" "as available" and "with all faults" and without any warranty of any kind, express or implied. To the fullest extent permissiable under applicable laws, iMedia Infotech disclaims all warranties of any kind, express or implied, including any warranty of title, merchantability or fitness for any purpose and non-infringement. Without prejudice to the generality of the foregoing, iMedia Infotech shall not accept responsibility for any claims, liabilities, losses or damages incurred or suffered arising from any of loss or unrecoverability of any Client Materials or otherwise any malfunctioning or interruption of the Client's website or any part of it.
- iMedia Infotech will not be liable for any claims, liabilities, losses, damages, costs or expenses suffered or incurred;
- due to the work carried out on behalf of the Client or any of the Client’s appointed agents.
- due to the unavailability of the site, its servers, software or any material provided by the Client or its agents.
- due to the performance of any third party plugins. We do not offer support via email or otherwise any other third party plugins we have not developed.
- iMedia Infotech will not be liable or become involved in any disputes between the Client and its vendors or customers and cannot be held responsible for any wrongdoing on the part of the Client.
Client agrees that iMedia Infotech is entitled to disclaim all liability for any loss or damage arising out of the access to the website, use of the services on the website and/or the iMedia Infotech services including:
- any damage to or loss of data suffered by the Client;
- any claim based in contract, tort or otherwise for loss of revenue, profits or consequential loss whether of an economic nature or not;
- any error, inaccuracy, or computer virus introduced into the Client’s computer system;
- any claim relating to content, goods or services supplied, provided, sold or made available in the website or by iMedia Infotech, and
- all and any loss and damage attributable to an event or circumstance beyond iMedia Infotech control, including but without limitation, acts of God, war, flood, fire explosion, civil disobedience, governmental action, legislation not in force at the time of these Terms and Conditions of Use, restraints imposed by governments or any other regulatory authorities, labour disputes, trade disputes or delays of parties.
- any third party’s services, equipment, network or facility failure.
iMedia Infotech hereby excludes itself, its Employees and or Agents from all and any liability from:
- Loss or damage caused by any inaccuracy;
- Loss or damage caused by omission;
- Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site;
- Loss or damage to clients' artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.
- 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.
- iMedia Infotech will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
- iMedia Infotech will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrong doing on the part of a site owner.
- iMedia Infotech 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 agents.
- iMedia Infotech will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents.
The entire liability of iMedia Infotech to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.
Services shall be provided without any guarantees, conditions or warranties as to its accuracy, speed, uptime, completeness, reliability, suitability or currency of Services and they are provided on an "as is where is" basis. iMedia Infotech does not warrant that the Services or the Site will be uninterrupted or error free, will meet your requirements (such as speed, uptime, performance or reliability), nor will they be free from external intruders (hackers), unauthorised virus or worm dissemination. Any timeframes are provided as a guide or estimate only.
To extent permitted by law, iMedia Infotech, its directors and employees hereby expressly exclude: (a) all conditions, warranties and other terms which might otherwise be implied by statute, common law or equity; (b), any liability for loss of income or revenue; loss or interruption of business; loss of uptime; loss of profits; loss of or damage to software; loss of anticipated savings; loss of data; loss of goodwill; wasted management; or any liability for any direct, indirect or consequential loss or damage incurred by you or any end user in connection with Services, or use of Services; and (c) any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect liability of iMedia Infotech which cannot be excluded or limited at law. Without limiting foregoing, parties acknowledge that laws in certain jurisdictions may imply warranties and conditions which cannot be excluded, restricted or modified except to a limited extent. If any such laws apply, then to extent permitted by law of relevant jurisdiction, iMedia Infotech's liability is limited to any one or more of the following in its sole discretion: (a) in case of any goods, replacement or repair of goods, or supply of equivalent goods, or payment of cost of repairing or replacing goods or supplying equivalent goods; and (b) in case of any services, supply of services again or payment of cost of having services supplied again.
You shall indemnify iMedia Infotech, its directors and representatives from and against all actions, claims, damages, liabilities or costs (including legal costs) arising from, or directly or indirectly related to provision of Materials or Site Software, use of Services or Site by you or anyone else, or otherwise arising as result of this Agreement.
The Client agrees that in the event iMedia Infotech is found to be liable to the Client for any loss or damage howsoever caused as a result of the use of the iMedia Infotech services, iMedia Infotech’s liability shall in any event not exceed the total fees paid by the Client to iMedia Infotech for the services rendered giving rise to the right to claim.
12. Representations, Warranties and Undertakings
- The Client hereby represent, warrants, and undertakes that:
- The Client is at least 18 years of age;
- The Client will ensure all personal particulars and information (including email address) provided in your application / registration is accurate and valid at all times and will your such particulars and information accurate and up-to-date;
- The Client will not use the web services of iMedia Infotech or any of the iMedia Infotech Materials for any unlawaful purposes or to conduct any lawful activity, including but not limited to fraud, embezzlement, money laudering or insider trading.
- The Client will not use any of the website of iMedia Infotech or any of the iMedia Infotech Materials to impersonate another person.
- The Client will not state or imply, directly or indirectly, that it is affiliated with or endorsed by iMedia Infotech without expression written permission.
- The Client will not send unsolicited messages to promote any website.
- The Client will not upload, post, email, transmit or otherwise make available or initiate any Client Materials that contains software virus, worms, Trojan horses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any services of iMedia Infotech or its affiliates or any iMedia Infotech Materials or that may impact the ability of any other client or customer of iMedia Infotech to assess to its services.
- The Client will not access any web services of iMedia Infotech through automated methods. iMedia Infotech's services may only be used or accessed through an electronic device through manual control at all times.
- The Client will not send messages using the iMedia Infotech's web services which do not correctly identify the sender and the Client will not alter the attribution of origin in electronic mail messages or postings.
- The Client will not override or attempt to override any security component included in or underlying the iMedia Infotech Materials or iMedia Infotech's services.
- The client will not attempt or engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on iMedia Infotech's infrastructure.
The Client will not publish any content or links to any content that is:
- Pornographic, sexually explicit or violent;
- Illegal (including stolen copyrighted material or material that infringes or has the potential to infringe intellectual property rights of another party;
- Reasonably likely to cause harm or that could be reasonably considered as slanderous or libelous; or
- Breaches another party's privacy.
- The Client will not publish any content that is spam, is machine- or randomly generated and/or contains unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites or to further unlawful acts or mislead recipients as to the source of the material.
To the full extent permitted by law, all terms, conditions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise (other than the 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 iMedia Infotech under any term, condition, warranty or representation that by law cannot be excluded is, where permitted by law, 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.
You are responsible for maintaining your own backups with respect to your website and we will not be liable for restoring any client data or client websites except to the extent that such data loss arises out of a negligent act or omission by us.
15. Cross Browser Compatibility.
iMedia Infotech makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Internet Explorer 8 & 9, Google Chrome, etc.). Client agrees that iMedia Infotech cannot guarantee correct functionality with all browser software across different operating systems.
iMedia Infotech cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website have been designed and handed over to the Client. As such, iMedia Infotech reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.
You are responsible for complying with all relevant laws relating to e-commerce, and to the full extent permitted by law will hold harmless, protect, and defend and indemnify Webilicious ® and its subcontractors from any claim, penalty, tax, tariff loss or damage arising from your or your clients' use of Internet electronic commerce.
17. Site Content.
You shall ensure that Materials do not infringe any applicable laws, regulations, industry codes or third party rights (such as material which is obscene, indecent, pornographic, offensive, defamatory, threatening, liable to incite racial hatred or in breach of any third party intellectual property rights) ("Inappropriate Content").
- You acknowledge that iMedia Infotech has no control over any content or links placed on Site by you or anyone else and does not purport to monitor content of the Site. Without limiting the foregoing, iMedia Infotech reserves the right to remove content from the Site where it reasonably suspects such content is Inappropriate Content. Notwithstanding, iMedia Infotech shall not be deemed to have any control over the Site or its contents.
- You shall indemnify iMedia Infotech against all damages, losses and expenses arising as a result of any action or claim that the Materials or any other material posted to, or linked to, the Site constitutes Inappropriate Content.
- iMedia Infotech may include statement "Powered by iMedia Infotech" on the home page of the Site, together with a hyperlink to the iMedia Infotech website.
18. Force Majure.
The definition in this clause applies in this Agreement. Force Majeure Event: any event arising which is beyond reasonable control of the affected party (including any industrial dispute affecting any third party, governmental regulations, fire, flood, disaster, civil riot, war, internet interruption).
party who becomes aware of a Force Majeure Event which gives rise to, or which is likely to give rise to, any failure or delay in performing its obligations under this Agreement shall forthwith notify the other and shall inform the other of the period for which it is estimated that such failure or delay will continue. The affected party shall take reasonable steps to mitigate the effect of the Force Majeure Event.
The Client retains the copyright to data, files and graphic logos provided by the Client, and grants iMedia Infotech 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. The Client is further responsible for granting iMedia Infotech permission and rights for use of the same and agrees to indemnify and hold harmless iMedia Infotech from any and all claims resulting from the Client's negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the Client to iMedia Infotech that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
20. Design Credit.
A link to iMedia Infotech will appear in either small type or by a small graphic at the bottom of the Client's website. If a graphic is used, it will be designed to fit in with the overall site design. If a client requests that the design credit be removed, a nominal fee of 10% of the total development charges will be applied. When total development charges are less than Rs. 10000, a fixed fee of Rs. 1000 will be applied. The Client also agrees that the website developed for the Client may be presented in iMedia Infotech's portfolio.
21. Domain Name.
iMedia Infotech may purchase domain names on behalf of the Client. Payment and renewal of those domain names is the responsibility of the Client. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of iMedia Infotech. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.
22. Governing Laws.
These Terms and Conditions are governed by and construed in accordance with the laws of the Republic of India.
By commissioning the Website Design to iMedia Infotech, it is deemed that Client accepts the above mentioned terms and conditions. iMedia Infotech reserves the right to change the above Terms and Conditions and all other parts of the above information without prior notice.
By agreeing to this, the Client acknowledges that it has been given the opportunity to provide / describe what are considered initial specifications and guidelines for the Web Design project. In any case where the Client elects not to answer or declines to provide details, Client is acknowledging a willful waiver of Client input, and give consent for the Designer to exercise full interpretation, being held blameless for any designs which may result, in the unfortunate event that the Client is not satisfied.
It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.
Any purchase or use of our services implies that you have read and accepted our terms and conditions.