The following Terms and Conditions apply to all the services provided by Eficaz Technology Solutions Pvt. Ltd., referred to as ‘the Service Provider’ to its customers, referred to as ‘the Client’. All work is carried out by the Service Provider is done so on the understanding that the Client has agreed to the Service Provider’sterms and conditions as set out below.
SOFTWARE DEVELOPMENT SERVICE
The Service Provider hereby undertakes to provide the necessary IT professional to carry out software development, design, testing and support services in accordance with the terms and conditions.The Service Provider reserves the right to appoint an appropriate resource for the service on an availability basis and subject to reasonable notice. However, the Client will reserve the right to seek replacement of the resource where ever necessary.
PROVISION OF MATERIALS
The Client agrees to provide the Service Provider with specific documents and appropriate information’s of the project based on which a detailed document would be prepared by the Service Provider which would be the base document for project execution. The time spent for the document preparation by the Service Provider would be billed either separately or would be included in the estimate. The Service Provider accepts no responsibility for the work not being completed by a specific given date if the necessary and/or suitable information is not provided by the Client.
Before the project goes for estimation, the document prepared by the Service Provider would be signed off by both parties. The estimate would be solely calculated based on this document and would be provided to the Client. The estimate would be detailed one listing all the functionality’s. By accepting the estimate the Client is agreeing to the Terms & Conditions. Once the estimate is accepted, the Service Provider would provide the Client a detailed project plan which would include milestones and delivery dates based on which payment invoices would be raised. Any deviation from the document prepared by the Service Provider would be considered as a new change and estimated separately.
TIME DEVOTED BY THE RESOURCE
It is anticipated that each developer will spend minimum of 40 hours on a weekly basis in fulfilling its obligations. The Client and the Service Provider shall agree to extend this minimum hours on consideration of additional payment.
UPDATES & SITE MAINTENANCE
These are charged at a standard rate per hour on mutually agreed terms. If the Client wants to introduce new material in the form of extra pages, additional functions, or more information than is already available in the site, that would be treated as a change request and billed separately.
E-commerce/CMS systems will be provided as an empty shop/site and appropriate training would be given to the Client. A delay by the Client populating the e-shop/site will not be accepted as a reason for delayed payment since once it is ready to be populated and training has been given, the Service Provider’s job is treated as completed.
The Service Provider guarantees for a period of time (mutually agreeable) that all of its websites/application solutions provided to the Client have any faults or bugs, will be rectified within a shortest reasonable period of time. If in case a fault or bug (on investigation) is caused in the application, which is not because of the Service Provider’s responsibility, the Service Provider will charge the Client the cost incurred to fix it.
Once a Client agrees the look and feel of the website/application and instructs the Service Provider to proceed to build, any subsequent changes in style or design requested by the Client will be charged for at the appropriate hourly rate.Once a complete website, or changes to a website are made live on the server based on Client’s instruction, it is deemed that the site and/or the content of the site have been approved and the work is therefore completed.Clients would generally have a UAT period (usually 14 days) to revert back for any changes and corrections that does not affect the existing functionality flow, afterwhich the Service Provider reserves the right to make additional charges for further work.
Once the Service Provider have finished building the website/application, it will be deployed in the Service Provider’s live server and the Client can review the site and request for appropriate amendments within the prescribed UAT period. Once the requested amendments are completed, the Service Provider would port the site to Client’s live server provided all the payments due to Service Provider are settled by the Client. The Client shall pay the Service Provider for services rendered in US Dollars against invoice raised at stipulated period of time.
The Service Provider accepts no responsibility for unable to carry out any provision of the terms and conditions for any reason beyond the control including (without limiting the foregoing) Act of God, legislation, war, fire, flood, drought or failure of power supply. During the continuance of such a contingency the Client may, by written notice to the Service Provider, elect to terminate the project contract and pay for the work done, but subject thereto shall otherwise accept delivery when available.
The Service Provider agrees that any information received during any furtherance of obligations in accordance with this project contract, which concerns the personal, financial or other affairs of the Client will be treated by the Service Provider in fullest confidence and will not be revealed to any other persons, firms, organizations or for the internal purposes of the Service Provider.All such data will be completely secure, and all information will be treated as confidential in accordance with the Data Protection Act.
PATENTS AND COPYRIGHT
The Client takes sole responsibility for any patent and copyright violations and / or infringement of intellectual property rights of third parties where the Client willfully directs the Service Provider and contractually obligates them to deliver solutions which may be in direct violation of copyright, IPR and/or patents already owned by third parties. The Service Provider is solely responsible for any infringements or violations of copyright and IPR and / or patent laws arising from willful use of code, design or any assets which are owned by third parties and where the Service Provider unilaterally resorts to breach of such laws.
The Client will never obligate the Service Provider to provide anything they do not wish to provide. It is the responsibility of the Service Provider to notify the Client if they feel that they are infringing on copyright, IPR and/or patents already owned by the third parties, where such information becomes known to Service Provider.