These are the standard terms and conditions (“Agreement”) for Website Design and Development and apply to all contracts and all work undertaken by www.seopundits.com (SEO PUNDITS) for its clients. These Terms and Conditions represent the whole agreement and understanding between www.seopundits.com (SEO PUNDITS) and the individual or entity who sign-up to our service.
- All estimates/quotes are based on our understanding of your requirements and as per given time-frame. Any changes to the functionality including micro-improvements, may incur additional costs accordingly. Please ensure and clarify our understanding in a face to face meeting.
- By accepting a quote, you agree to and accept the terms and conditions of SEO PUNDITS Acceptance can be verbal, by email, payment of Initiation, signing a quote.
- Clients to ensure that we have included all requirements in the quotes/proposals/estimates and that we fully understand their requirements. Clients must provide us with clear guidelines along with the flow or specific details they may require. When such details are not provided, we will proceed with our understanding of the requirements and quote accordingly. At a later stage, if a discrepancy arises, it may lead to additional costs to accommodate the changes. Thus, it is essential that you clarify every aspect of your website development and ensure that you have been quoted on the right requirements.
- Any complexity related to specific tasks, must be advised in advance and included in the proposal for costing purposes. We operate in good faith and rely on our clients to disclose the full picture at the time of quotation. Any discrepancy arising due to unclear requirements will not be borne by SEO PUNDITS.
- There are limited man-hours allocated to each task including Project Management and Digital Strategist/Business Analyst. Minor changes may be included within the allocated hours. This will be analysed on a case-by-case basis.
- SEO PUNDITS will make every effort to complete the project/changes in the given timeframe. Reasonable delays are accepted if functionalities are redefined or modified.
- Any delays at client’s end, may delay the project and proposed timeframes and may incur additional costs.
- Any bugs (programming/coding errors) reported during or just after the development does not attract additional charges.
- Any re-work on an already completed task will attract additional charges. Any changes in the design after the design approval will incur additional charges.
- Any major modifications requested during the development or after the Go-Live approval will incur additional charges. All additional work, over and above the estimates is charged separately. Under no circumstances will SEO PUNDITS be liable for any delays caused by change in the project brief.
- Website/application content and all related materials need to be provided to us within the first two weeks of starting the project. Any delays thereafter may delay the project and may incur additional charges if it goes beyond reasonable timeframe.
- Our websites/applications are generally tested on PCs and include near recent versions of following browsers: IE, Firefox, Chrome & Safari. If you require testing to be done on any other browser, please let us know in advance.
- Responsive/multi-device compatible web pages are tested on iPhone and iPads. If you require testing to be done on any other device, please discuss it in advance.
- SEO PUNDITS software codes (not including open source software) are copyrights of SEO PUNDITS. The codes can be handed over at an additional cost for use once all previous invoices are settled, on the condition that the codes are used only for use or modification for re-use for further development for the specified client or subsequent owners of that legal entity. Under no circumstance, the codes will be allowed to be used for re-selling or duplication purposes.
- The website or software application will be designed to be deployed on the web, via using a commercial grade web-server or a similar setup. Based on your website traffic, the website may not perform if deployed on a generic office network environment.
- Depending upon the functionalities required, there may be 3rd party components such as Third-Party Payment Gateways or SSL certificates involved in building a website/application. Although SEO PUNDITS does its best in recognising the suitability of any such component, any unforeseen limitations of 3rd party components are beyond our control. Any third-party component purchase costs (such as SSL, Payment gateway, Google AdWords, Plug-in licenses etc.) are not included in our quotes.
- SEO PUNDITS takes no responsibility of any open source products such as WordPress, Open Source carts, Joomla etc. It is client’s responsibility to update all components and third party software’s. We suggest you to take regular back-ups to avoid any disruptions.
- SEO PUNDITS offer packages in co-ordination with third party providers. Changes to the third-party provider’s rules and policies may ultimately effect the services we provide or the terms and conditions herein.
- The client must recognize that at times there may be unforeseen circumstances that will delay the development process, particularly with reference to the integration of third party software. We will try our best to complete the project as agreed in the proposal. As long as it is within a reasonable period, the client agrees not to penalize us for any genuine delay, when every effort to keep the project on the proposed schedule is taken.
- Domain registration/renewal etc. charges are not included as a part of any project/proposal unless mentioned otherwise. If required, a quote for which will be submitted separately and approved by the client.
- Hosting charges are not included in the quotations unless mentioned otherwise. SEO PUNDITS can organise an appropriate hosting solution if required, a quote for which will be submitted separately and approved by the client. Where clients decide to organise their own hosting, we should be consulted before finalising the type of hosting and database, as it should meet the requirements of the technology used for the development. Please note that we’ll require full access with hosting support for testing and deploying the application. SEO PUNDITS will not be liable for any delays or errors caused by direct or indirect actions of the hosting company.
- SEO PUNDITS generally build and tests the websites/applications on our own servers or hosted domains. SEO PUNDITS cannot give access to their test servers and test websites to the clients or any third party. The website/application can be transferred-off to a nominated 3rd party server upon full payment of all invoices and dues.
- Notwithstanding any other provision in the agreement, in consideration of the Customer entering into this agreement with SEO PUNDITS, upon full payment of any outstanding invoices, SEO PUNDITS will grant an unconditional license to the Customer to reproduce, publish, communicate, use, exploit, vary, or otherwise deal with 1) the graphics, 2) texts and 3) images used in the published website and associated of form and functionality. This will not include the intellectual property relating to the production of the website including the digital strategies, programming codes, database structures, scripts, forms or functionalities.
- All communications/correspondences are generally done via emails. It is client’s responsibility to keep us updated with their relevant email addresses.
For general website design & development projects we employ the following steps:
- Upon quote acceptance/signoff, initiation payment is processed to start the project. As required by the project.
- Once we have the brand details such as logo, images, branding materials etc., we will have a mock-up for your review within 5 to 10 working days.
- You can review the design and suggest improvements accordingly. Depending upon your project, generally up to 3 to 5 design modifications that can be done within the given estimates. Please refer to your allocated design and development hours for details.
- Once design is finalised & approved, we’ll proceed with the HTML development.
- Once, HTML is done, if CMS is included in your project, we will proceed to setup your website on your selected Content Management System (CMS). Please provide all content and copy prior to the development phase.
- Depending upon the time and resources allocated to your project, we’ll transfer as much content as possible from the old website (if any) to the new website. Remaining content can be transferred via the CMS by your designated staff. We can provide the instructions needed to help you do this.
- Once the site is ready from our end, we generally hand it over to you for further review, test and/or to upload/change contents as necessary.
- At this stage you need to give us a Go-Live date for us to make the new website/project live.
- Your website can be made live within 3 to 5 working days of a Go Live approval, assuming that the accounts are clear. Kindly note that we require full payment prior to transferring the website on any external servers.
- Also, generally speaking, going-back and forth takes a lot of time. We encourage you to provide all necessary details, at the start of the project to ensure that the project team’s time is efficiently utilised on your project and you do not incur any unnecessary additional costs.
- You will be kept updated via emails and/or telephone calls as the project demands. However, please do not hesitate to contact us any time you require a project status. Also, please always keep us updated with your relevant email addresses/contact details.
- Once the website/application has been made live on the client’s domain, it is their responsibility to take regular full back-ups and to update all components and third-party software’s.
We consider ourselves to be very flexible and adaptable and approach all requests with a ‘can do’ attitude. If you require something changed, please feel free to discuss with us. Please contact us if you require further details or have any questions. We look forward to working together with you on your project!
Payment / Fees/ Deposits / Refund Terms
- 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% payment must be made prior to website/application/project going live 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.
- All prices are quoted in Indian Rupees (INR) are inclusive of GST unless specified.
- All invoices are to be processed as per the schedule via your preferred method of payment.
- Milestone payments (if any) must be made within 5 working days of each milestone/schedule, unless mutually agreed otherwise.
- Receipt of payment is deemed as acceptance of the quote, milestone, delivery, project and terms & conditions.
- SEO PUNDITS reserves the right to negotiate and refund appropriate portion of the amount paid by customer towards the requested service. If you cancel your order after making the payment, but the work has not commenced, we will refund 75% of the payment that you have already made. If the order is cancelled after the commencement of work, the maximum refund or charge will be 50% of the invoice. There will be no refund or adjustments if cancellation is called when more than 50% of the work has been completed. All cancellations must be received in writing and can be sent via regular mail or email. Telephone requests on cancellations will not be accepted.
For minor or once-off works, payments need to be made either in advance or as per the terms mentioned in the invoice/proposal. If you require any changes to the terms, you must inform us in writing (emails accepted) within two working days of the receipt of the same.
- Late fees and charges: All outstanding invoices will incur a late payment fee of 10% of the pending amount, from the due date.
- Due date: Is the date on which the payment is due as per the terms on the invoice/proposal.
- Outstanding Invoice: An invoice is deemed to be outstanding if the payment is still due after 14 days of the expiry of the due date.
- Debt Collection: Client is provided a further 7 days after late payment fee is applied to pay the invoice. Failure to pay will result in the outstanding amount referred to a debt collector. SEO PUNDITS will not be liable for any costs or charges associated with the recovery of the outstanding amount. Any charges associated with the recovery of the outstanding amount (debt collectors, administration charges, legal fees) will be referred to the client for processing.
- If you are late with a payment or have any queries regarding the Invoice, please contact Accounts Manager immediately on receiving the invoice or reminder emails.
- All communications/correspondences are generally done via emails. It is client’s responsibility to keep us updated with their relevant email addresses.
- Any payment relating to the domain name registration renewal or hosting or any 3rd party products or service purchased on behalf of the client will have to be paid in full and is non-refundable. In case of all renewal cancellations, we must be notified atleast 30 days before the renewal date.
- SEO PUNDITS generally build and tests the websites/applications on our own servers or hosted domains. The website/application will be transferred-off to the nominated 3rd party server upon full payment of all invoices and dues.
Disputes, Liability and Indemnity
In an event of a dispute, SEO PUNDITS reserves the right to charge the client in full for the work done as well as for the resources spent in managing the dispute. In such an event, SEO PUNDITS reserves the right to charge the client without honoring any discounts that were previously honored in good faith. Under no circumstances will SEO PUNDITS be liable for any damages arising from misrepresentation or misinformation.
SEO PUNDITS reserves the right to refuse service to any client, if these are not aligned with our business operating principles and policies.
SEO PUNDITS provides its services as is, without any guarantees on security or other issues leading to loss of data, sale or reputation. We ensure to the best of our ability that our systems and servers are protected from hackers, viruses, intruders and other online and offline problems, however we will not be held liable for any disruption of services if such situation arises.
Relationship of SEO PUNDITS with its suppliers, partners and sub-contractors is of an independent nature. None of the parties have any power, right or authority to interfere or bind the other or assume or create any obligation or responsibility, whether expressed or implied, on behalf of the other or in the other’s name.
Client will indemnify and hold SEO PUNDITS, its licensors, content providers, service providers, employees, agents, officers, directors, contractors and sub-contractors (the “Indemnified Parties”) harmless from your breach of any of these Terms And Conditions or any other terms, conditions, policies or procedures herein, including, without limitation, any use of content other than as expressly authorized in these Terms and Conditions. Client agrees that the indemnified parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify and hold harmless the Indemnified Parties from any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information obtained from SEO PUNDITS.
SEO PUNDITS will not be liable for any breach of the agreement which is caused by a matter beyond its reasonable control including but not limited to Act of God, fire, lightning, explosion, war, disorder, flood, earth quake, industrial disputes (whether or not involving their employees), extremely severe weather, or acts of local or central government or other competent authorities.
All domain registrations and renewals are to be paid in advance.
Expiration of a domain can result in service disruption and loss of domain.
SEO PUNDITS will not be responsible if a domain expires due to non-payment / late payment of the charges. All payments must be made by seven working days before the expiry date.
It is client’s responsibility to renew their domain names with us.
All invoices and dues must be paid in full before we release the requested domain name.
SEO PUNDITS has the domains in a common pool account and therefore cannot give access to its domain control panel.
SEO PUNDITS offer packages in co-ordination with third party providers. Changes to the third party provider’s rules and policies may ultimately affect the services we provide or the terms and conditions herein.