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Web Site Design Terms and Conditions
Scriptminds will carry out work only where an agreement is provided either by email, telephone, mail or fax. Scriptminds will carry out work only for clients who are 18 years of age or above. An 'order' is deemed to be a written or verbal contract between Scriptminds and the client, this includes telephone and email agreements.
Whilst every endeavour will be made to ensure that the website and any scripts or programs are free of errors, Scriptminds cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it. The website, graphics and any programming code remain the property of Scriptminds until all outstanding accounts are paid in full. Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by Scriptminds remain the copyright of Scriptminds and may only be commercially reproduced or resold with the permission of Scriptminds.
Scriptminds 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. Any additions to the brief will be carried out at the discretion of Scriptminds and where no charge is made by Scriptminds for such additions, Scriptminds accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions. The client agrees to make available as soon as is reasonably possible to Scriptminds all materials required to complete the site to the agreed standard and within the set deadline.
Scriptminds will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines. Scriptminds 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. Scriptminds 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. Scriptminds 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. A deposit of 25% is required with any project before any design work will be carried out.. Once a website has been designed and completed the final balance of payment is then due in accordance with our payment terms. 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. Non payment will result in legal action being taken if necessary.
Database, Application and E-Commerce Development
Scriptminds 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 products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use. The client is expected to test fully any application or programming relating to a site developed by Scriptminds before being made generally available for use. Where "bugs", errors or other issues are found after the site is live, Scriptminds will endeavour (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief
Scriptminds will endeavour to ensure that any developed/designed site or application will function correctly on the server it is initially installed in and that it will function correctly when viewed with the web browsing software Microsoft Internet Explorer Version 6 and to an acceptable level with Mozilla browsers. Scriptminds can offer no guarantees of correct function with all browser software.
Scriptminds recommends hosting companies to host websites, no guarantees can be made as to the availability or interruption of this service by Scriptminds cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss. Scriptminds 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.
Payment of Accounts
A deposit is required from any new client before any work is carried out. It is the Scriptminds policy that any outstanding accounts for work carried out by Scriptminds or its affiliates are required to be paid in full, no later than 14 days from the date of the invoice unless by prior arrangement with Scriptminds. Once a deposit is paid and work completed you are obliged to pay the balance of payment in full. We will contact clients via email and telephone to remind them of such payments if they are not received when due.
If accounts are not settled or Scriptminds have not been contacted regarding the delay, access to the related website may be denied and web pages removed, we will then pass such cases to the Small Claims Court to pursue payment, non payment can result in county court judgements being added to the clients credit rating. Following consistent non payment of an invoice our Solicitors will contact the client in question, with a view to taking the matter further and if need be to seek payment through legal procedures, and if necessary court summons.
1. Informal procedure
Anyone who experiences a problem with their web service provided by Scriptminds should raise the matter directly using our online contact form to do so, giving sufficient information to locate the material (such as an url) and clearly outlining the grounds for complaint. Scriptminds will approach the individual responsible for the material in question with a view to resolving the matter to the satisfaction of the complainant.
2. Formal complaints procedure
The formal complaints procedure should only be used where the complainant feels that the nature of the complaint is too serious to be dealt with informally, or where a satisfactory conclusion has not been reached after following the informal procedure. A formal complaint should be made in writing to Scriptminds, who will acknowledge receipt and ensure that the matter is looked into as soon as possible. An initial response to any complaint can be expected within seven days of its receipt; a full and considered response to the complaint should be completed within 30 days and any subsequent remedy implemented with the minimum of delay.
The named client is engaging Scriptminds, as an independent contractor for the specific Projects of developing and/or improving a web site, hereinafter referred to as "Projects" which may be installed on the client's account on an Internet Service Provider (ISP) / Web Presence Provider (WPP) computer, hereinafter refer to as "Hosting Service" if required to perform services. If required to perform services the client hereby authorizes Scriptminds to access this account and authorizes the Hosting Service to provide Scriptminds with "full access" to the client's account and any other programs needed for this Projects that are included as part of the client's service agreement/level.
An acceptable use policy is part of these terms and conditions of hosting any information associated with the domain name. This is necessary because the proliferation of abusive electronic mail and practices generated by a minority of the Internet users can interrupt services. The exhibit with the description of the acceptable use policy is posted on our website and the exhibit is part of these terms and conditions.
Copyright and Trademarks
The client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Scriptminds for inclusion in the Projects are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect and defend Scriptminds and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.
Web Site Maintenance
This agreement allows for minor web site maintenance to pages over a 1-month period, up to an average of one half hour per regular web site, including updating lines and making minor changes to a sentence or paragraph. It does not include updating or replacing nearly all the text from a page with new text, major page reconstruction, new pages, guest books, discussion webs, navigation structure changes, attempted updates by client repairs or Projectss delivered to the client via diskette. The period of 1 month begins on the date the clients web design site has been published to client's hosting service or 30 days from the date this agreement was signed, which ever comes first. If the client's web design package includes database access using Server Side Script, then very minor page code changes will be accepted under this maintenance plan. Major page code and/or database structural changes will be charged at current hourly rates.
Scriptminds and the client must work together to complete the Projects in a timely manner. We agree to work expeditiously to complete the Projects no later than 45 days after the client has submitted all necessary materials. If the client does not supply Scriptminds with complete text and graphic content for this Projects within 60 days of the date this agreement was signed, the entire amount of the agreement becomes due and payable. If the client still has not submitted all the required contents within 90 days after signing this agreement, an additional continuation fee of 15% of the total agreement price can be assessed for each month until the Projects is published or the client cancels the Projects in writing.
The project delivery shall be completed upon receipt of the payment associated with delivery. Delivery may be accomplished by publishing, electronic transfer, or physical media. The client understands that Scriptminds may not be providing any hosting services in connection with this Projects. Hosting services may require a separate contract. The client will be solely responsible for all hosting service charges. The client assumes all responsibility for the use and functionality of the Projects.
If the Project Delivery includes publishing, Scriptminds will make a good faith effort to accommodate client's requested method of publishing. In the event Scriptminds is not able to accommodate the request method of publishing the following statements apply. Scriptminds may use WEBDAV, FTP, SFTP or SCP to publish to the site. If publishing to a hosting service is not feasible the information may be delivered on diskette or CDROM.
Electronic Commerce Laws
The client agrees that the client is solely responsible for complying with such laws, taxes and tariffs, and will hold harmless, protect, and defend Scriptminds and its subcontractors from any claim, suit, penalty, tax or tariff arising from the client's exercise of Internet electronic commerce.
Original web site content specifically requested by the customer and designed under work for hire shall be the intellectual property of the customer once final payment under this agreement and any additional charges incurred have been paid. Rights to clipart, photos, graphics, source code, work-up files and computer programs that are not specifically requested and designed under work for hire are not transferred to the client, and remain the property of their respective owners. Scriptminds and its subcontractors retain the right to display graphics and other web design elements as examples of their work in their respective portfolios.
Scriptminds does not warrant that the functions contained in the Projects will be uninterrupted or error-free. The entire risk as to the quality and performance of the Projects is with the client. In no event will Scriptminds be liable to the client or any third party for any damages, including, but not limited to service interruptions caused by Acts of God or any other circumstances beyond our control, any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate this Projects, failure of any service provider, of any telecommunications carrier, of the Internet backbone, of any Internet servers, your or site visitor's computer or Internet software, even if Scriptminds has been advised of the possibility of such damages.
This agreement constitutes the sole agreement between Scriptminds and the client regarding this Projects. Any additional work not specified in this contract must be authorized by a written request. All prices specified in this contract will be honored for 3 months from date offered. Acknowledgement of agreement after that time will require a review of current pricing and new agreement. This agreement supersedes any prior written or oral agreements between the parties.
This agreement may be modified or amended if the amendment is made in writing and is signed by both parties.
Hosting and Email Terms and Conditions
Scriptminds provides services used to host websites, send electronic mail, and all other web hosting related activities subject to these Terms (referred to in this document as the Service) This service is provided to authorized persons or organizations (referred to in this document as Subscriber or you). Any use of the service is subject to any restrictions listed below. By using the Service, you agree to be bound by all of these terms and policies. If you do not agree to be bound by these terms and policies, you must cancel your account immediately and may not thereafter use or attempt to use this Service.
Scriptminds grants you a non-exclusive right to use the Service to host any material that is considered property of you or your organization. You may not assign, sub-license or transfer any rights or obligations of the Service without the express written consent of Scriptminds If violations of this Acceptable Use Policy occur, Scriptminds reserves the right to terminate services with or take action to stop the offending customer or user from violating this policy as Scriptminds deems appropriate, WITHOUT NOTICE.
If you are an individual Subscriber, these Terms and Policies apply to all persons who gain access through your account. If you are a commercial Subscriber, these Terms and Policies apply to all your employees, agents and/or customers. In either instance, a violation of these Terms and Policies by anyone using your account will be imputed to you.
Prohibited Uses of Scriptminds Systems and Services
A. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.
B. Sending Unsolicited Bulk Email (spam). The sending of any form of Unsolicited Bulk Email through Scriptminds servers is prohibited. Likewise, the sending of UBE from another service provider advertising a web site, email address or utilizing any resource hosted on Scriptminds servers, is prohibited. Scriptminds accounts or services may not be used to solicit customers from, or collect replies to; messages sent from another Internet Service Provider where those messages violate this Policy or that of the other provider.
C. Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by Scriptminds customers must be Closed-loop (Confirmed Opt-in). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing lists of email addresses from 3rd parties for mailing to from any Scriptminds-hosted domain, or referencing any Scriptminds account, is prohibited.
D. Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to send Unsolicited Bulk Email, initiation of pinging, flooding, mail-bombing, denial of service attacks.
E. Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org.
F. Unauthorized attempts by a user to gain access to any account or computer resource not belonging to that user (e.g., cracking).
G. Obtaining or attempting to obtain service by any means or device with intent to avoid payment.
H. Unauthorized access, alteration, destruction, or any attempt thereof, of any information of any Scriptminds customers or end-users by any means or device.
I. Knowingly engaging in any activities designed to harass, or that will cause a denial-of-service (e.g., synchronized number sequence attacks) to any other user whether on the Scriptminds network or on another providers network.
J. Using Scriptminds Services to interfere with the use of the Scriptminds network by other customers or authorized users.
Scriptminds does not undertake to examine or review messages, files, or other materials that are accessible through, pass through, or reside on the Service. If Scriptminds is informed of an alleged copyright or trademark infringement on the Service, Scriptminds will attempt to notify the affected person(s) of those allegations and secure a response. Scriptminds may, at its sole discretion, remove on a temporary or permanent basis materials that Scriptminds believes may create, constitute, or contribute to copyright or trademark infringements. You agree not to assert any claims against Scriptminds for any such removal.
You agree that use of the Service is at your own risk. Neither Scriptminds nor any of its affiliates controls, provides, operates, or is in any way responsible for any information, products, or services accessible through the Service. Scriptminds neither endorses nor is responsible for the accuracy of such material, and you agree that Scriptminds is not responsible for any loss or damage caused by your use of, or reliance on, such material.
You understand and agree that you have sole responsibility for your posting of any material to any service provided by Scriptminds You agree to indemnify and hold harmless Scriptminds and its officers, directors, employees, and other customers and subscribers from and against any claims, losses, costs, liability, damages or expenses arising out of your postings.
You agree to be liable for any damages or loss of service that results in damages to Scriptminds as a result of any spamming or other violations of described herein. These damages include, but are not limited to, system shut downs, retaliatory attacks or data flooding, and loss of peering arrangements. You agree that Scriptminds may pursue any such claims against you in Court in Pimpri-Chinchwad(pune, Maharashtra,India).
Scriptminds MAKES NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF TITLE, NON-INFRINGEMENT, AND MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE SERVICE, OR ANY SOFTWARE OR OTHER MATERIAL AVAILABLE THROUGH THE SERVICE. NO ORAL ADVICE OR INFORMATION GIVEN BY Scriptminds OR ITS EMPLOYEES SHALL CREATE A WARRANTY.
THE SERVICE AND ANY SOFTWARE PROVIDED TO YOU BY Scriptminds ARE PROVIDED ON AN AS IS, AS AVAILABLE BASIS; Scriptminds DOES NOT WARRANT THAT THEY WILL BE ERROR-FREE AND/OR UNINTERRUPTED, OR THAT DEFECTS WILL BE CORRECTED. Scriptminds DOES NOT GUARANTEE THE SECURITY OR BACK-UP OF YOUR DATA / EMAIL STORED ON THE SERVICE.
Web Application Development & Search Engine Optimization Terms and Conditions
All proposals expire 30 days from the date of the proposal.
Unless otherwise specified, for Search Engine, Web Analytics Installation and other miscellaneous services not described below, one hundred percent (100%) of the total proposed services and development costs are due with proposal acceptance. For Website or Web Application design projects, fifty percent (50%) of the total proposed services and development costs are due with proposal acceptance. The balance will be billed to customer and payment will be due upon project completion. Project completion is defined as completed pages or email templates, with or without client provided information. If Scriptminds cannot complete the project as outlined due to insufficient receipt of information needed from customer, Scriptminds will bill the customer for the balance due on completion date of the Scriptminds portion of the work. That payment will be due and payable by customer to Scriptminds upon receipt. If there are changes in the requirements or scope of this project, or changes or additions during the project term, Scriptminds reserves the right to create an additional proposal per customers additions, and acceptance, and bill for the additional services. If the project is canceled or postponed prior to completion, the package pricing in the proposal will be null and void and the customer will be obligated to pay Scriptminds at the rate of RS1999 per hour for all work completed through that time. All payments to Scriptminds are nonrefundable.
Copyright for the design and development of the Web Site will become the ownership of customer once all design services owed to Scriptminds are paid in full.
Customer is responsible for all additional Internet or web site costs or services not indicated or included in the proposal such as, but not limited to, domain name registration costs and all setup and monthly fees with selected ISP (if Scriptminds is not hosting the site/application).
Scriptminds MAKES NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF TITLE, NON-INFRINGEMENT, AND MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE SERVICE, OR ANY SOFTWARE OR OTHER MATERIAL AVAILABLE THROUGH THE SERVICE. NO ORAL ADVICE OR INFORMATION GIVEN BY Scriptminds OR ITS EMPLOYEES SHALL CREATE A WARRANTY. THE SERVICE AND ANY SOFTWARE PROVIDED TO YOU BY Scriptminds ARE PROVIDED ON AN AS IS, AS AVAILABLE BASIS; Scriptminds DOES NOT WARRANT THAT THEY WILL BE ERROR-FREE AND/OR UNINTERRUPTED, OR THAT DEFECTS WILL BE CORRECTED
Billing, Payments and Cancellations Terms and Conditions
Prices and Charges
Scriptminds charges are generally agreed upon on a customer-by-customer basis. Additional charges may be assessed to cover damages resulted from improper use of Services.
Scriptminds reserves the right to cancel or discontinue all services at any time WITHOUT NOTICE for nonpayment. If you fail to pay for your account for 35 days after the date of the invoice, Scriptminds may WITHOUT NOTICE terminate your account. Termination does not remove your responsibility to pay all fees incurred up to the date that Scriptminds terminates your account. If Scriptminds incurs any fees or costs in collecting any past-due amounts, including costs of legal counsel or a collection bureau, those fees and costs will be added to the amount you owe.
Any checks returned by the issuing institution will be charged a processing fee of Rs 1000/-.
Ongoing services, Website Hosting, Email Hosting, Search Engine Reporting, etc. are provided to you on a month-to-month basis.
Scriptminds must receive written notice of termination, which may be by first-class mail, certified mail, or by contact form from you at least 15 days prior to the end of a month, or the Service will be provided and charged to you for the following month.
All payments to Scriptminds are non-refundable.
Scriptminds WITHOUT NOTICE may change at any time and for any reason these terms and conditions