Terms and Condition

Shivamware Terms and Conditions

STANDARD TERMS AND CONDITIONS
These are the standard terms and conditions for Website Design and Development and apply to all contracts and all work
undertaken by “Debmedia Technologies LLP” herein referred to as “Shivamware” for its clients.

NON-DISCLOSURE
We (and any subcontractors/ re-sellers we engage) agree that we will not at any time disclose any of your confidential
information to any third party.

OUR FEES AND DEPOSITS
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. The remaining 50% shall become due when the work is completed to your reasonable
satisfaction. We reserve the right not to commence any work until the deposit has been paid in full.

The 50% deposit of advance paid is NON refundable as we book the domain & hosting on customer behalf. (We collect 50% payment after booking the domain & hosting).

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 as per the variations.

Hosting Limitations (Fair usage policy):

Due to the nature of our industry and the costs involved with provisioning and maintaining your Service, we do not offer refunds or pro-rated refunds once the site is hosted and site is up & running. Shared hosting packages are designed to host personal or small business websites & self-need email services. It is not intended to host email services for businesses/large enterprises or to host applications better suited to cloud, business or dedicated servers.

While working on projects, if the project required higher hosting/server resources (This is a Rare scenarios conditions, sites that require more Security, CPU, RAM, and inode (inode limitation of Upto 2,50,000)); we might increase hosting package/ plan without any prior notice (Trial period of 1 month of business or dedicated hosting included in such conditions) as without which we cannot complete the project. After completion of the project, if the customer denies paying the additional hosting charges (We would provide required invoice proof of same billed under Shivamware), we have the right to discontinue the hosting after the trial period. However, If the customer wants to host the site on his own server or any other 3rd party server, we share the complete backup of the project.

We might charge extra for additional manpower required to deploy/install the back on any self-owned client server or for any 3rd party server.

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 3 days of such notification. Any of the work which has not been reported in writing to us as
unsatisfactory within the 3-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 80% balance of the project
price will become due.

REJECTED WORK
If you reject any of our work within the 3-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.

PAYMENT
Upon completion of the 3-day review period, we will invoice you for the 80% balance of the project.

LICENSING
Once you have paid us in full for our work we grant to you a license to use the website and its related software and contents
for the life of the website provided regular renewal of subscription is done on or before expiry of the term.

DISCLAIMER
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 Shivamware 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.

CROSS BROWSER COMPATIBILITY
By using current versions of well supported content management systems such as “Wordpress”, we endeavor to ensure that the
web sites 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, on a best effort
basis, where any incompatibilities are found.

SUPPLY OF MATERIALS (CONTENT)
You must supply all materials and information (Copyrighted Content) 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. If 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. Also If any content provided by you breaks the
copyrighted rules as mentioned in The Copyright (Amendment) Act, 2012; then we would remove the content from the website
without any prior notice.

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 of your website.

SEARCH ENGINES
We do not guarantee any specific position in search engine results for your website. We perform basic search engine
optimization according to current best practice.

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.

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

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.

BACKUPS
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.

BUSINESS & E-COMMERCE PLAN
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 Shivamware and its subcontractors from any claim, penalty, tax, tariff loss or
damage arising from your or your clients’ use of Internet electronic commerce.

OWNERSHIP OF DOMAIN NAMES AND WEB HOSTING (FILES)
We would book the domain name on your behalf and at any point in time you feel to move out for any reason we would do it in reasonable time and our transfer process is automated, fast and risk-free, so there’s nothing to
worry about. And that means that moving your domain/ hosting (files) to any other service provider happens mostly in the
background, leaving you with more time to work on your next big thing. Also the transfer happen, when you have no outstanding dues.

GOVERNING LAW
These Terms and Conditions will be governed by and construed in accordance with the laws of the city of Hooghly, West Bengal, India without reference to its choice of law rules. By accessing, viewing, or using the material on the Service, you consent to the jurisdiction of the governmental and provincial courts presiding in Hooghly, West Bengal, and agree to accept service of process by mail and hereby waive any and all jurisdictional and venue defenses otherwise available. This service is controlled and operated by Debmedia Technologies LLP, parent company of Shivamware. from its office in India. Shivamware makes no representation that materials in the service are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this service from other locations do so of their own volition and are responsible for compliance with applicable local laws.

Policy updates
Shivamware is permitted to revise these Terms of conditions/ services at any time as it sees fit, the orders taken prior to the update of terms of conditions will also come under new terms of conditions (If you think the changes made will affect your projects, you need to update us within 10 days of terms of conditions being updated). And by using this Website you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing the use of this Website.

Product Delivery policy

  • Shivamware nor any resources involved in the development, creation, and production or even delivery will be in any way responsible for any indirect or incidental damage to the services given.
  • Spam, Warez, Piracy, and Illegal Activities: Shivamware does NOT permit any of its services to be used for illegal purposes. These include but are not limited to spam, unsolicited commercial email, warez hosting, piracy, and hacking-related activities. Shivamware will remain the sole arbiter in what constitutes any of these activities. You acknowledge that participation in any of these activities will result in immediate termination without a refund. Shivamware may involve law enforcement authorities if we deem it necessary.
  • Child Pornography: Shivamware discovers child pornography on any services provided to You, your account will be immediately terminated without refund. Your personal details will be passed to law enforcement authorities and we will assist fully with law enforcement authorities around the world to seek charges against You.
  • Hacking/Denial of Service/Sniffing/Spoofing: DM does not permit any type of hacking, denial of service, distributed denial of service, sniffing, spoofing, password cracking or similar malicious activities to be performed on or by its services. Shivamware will remain the sole arbiter in what constitutes any of these activities. You acknowledge that participation in any of these activities will result in immediate termination without a refund. Shivamware may involve law enforcement authorities if we deem it necessary.
  • Once you are purchasing source code from Shivamware it means you have coding knowledge. So after-sale no responsibility lies upon Shivamware.
  • That Shivamware. will not be responsible for any kind of illegal use of codes.
  • That Shivamware will not be responsible for any misuse of codes.
  • That after delivering the code Shivamware has no control over the sold code.
  • That if Shivamware makes any updates in the future then DM may contact and send you that update but Shivamware cannot promise that updates will be available.
  • What if the purchaser needs any modification then the purchaser can do it from their side. Shivamware may do it after getting the extra charge from the purchaser and the charge which will be decided upon discussion between the parties.
  • That the products are all tested. But if you find any bug in existing code then Shivamware may check and correct it at the purchaser’s request and to do the correction is not all time-binding upon Shivamware as this error may occur from the purchaser’s side also.

Last Update on: 29-November-2020

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