Web design & development terms

The agreement below is a legal agreement between eSree Technologies (hereinafter referred to as the Company) and all of our customers. If you use website designing/creative services provided by or affiliated with eSree technologies, you(client) are legally bound by this agreement. Read it carefully and ensure that you understand and agree to all parts. Use of our services implies agreement with this contract!

YOU AGREE TO THIS AGREEMENT: By using the Service(s), you agree to all terms and conditions of this Agreement, the rules, policies, or agreements published in association with specific of the Service(s), and the prevailing law. The Agreement sets forth the terms and conditions of your use of web designing and related services ("Services"). Whereas you are interested to avail web designing/creative services from the eSree Technologies to enhance your business, for this purpose you, having signing authority to enter into this agreement, prepared to perform the work of website building and for this purpose you hereby enters into this agreement with your free will and agrees on following terms and conditions:

During the course of the "project" it is the client's responsibility to provide all (but not limited to the following) the relevant information, content, pictures, previous code etc in order to make the project technically feasible and viable.
All the details related to all pages designing i.e. in which pages what is to be added and up-to which extent.
For each page the contents are provided by you within three days of the project start date, and it deemed that the detail provided by you is lying with you and you are the master of such details, if any contents/details provided by you infringe any law then the Company shall not be liable for the action arose from such contents/details and you affirms to indemnify the Company from such actions.

You will provide the Company the changes if any in the design within three days, of the intimation of completion of page. If within three days from the date of intimation through mail on registered email id, you does not provide any changes to the registered email id of the Company, then it will be presumes that the page is approved and needs no changes.

The Company provides three time revisions, in all pages, as design approved by the client, but there is no revision in main page design after approval, the contents and design provided by the client and only one revision is allowed in this page.

It is however agreed that only 3 (three) revisions are allowed. After 3 (three) revisions each revision shall be charged. The amount chargeable for each revision will depend on the time needed in each revision. Each website designing plan has restrictions in terms of pages, product addition, etc and if you require over and above such restrictions then such requirement shall be chargeable from you.

The Company provides a website which is facilitated with the features finalized while drafting proposal for which the quotation is sent and approved.
That the Company provides free editing of basic images to you which is provided by you ‘once’ and if you changes your basic image and need any other changes then it will be on paying the cost for such change depends upon the nature and volume of work. All the images are provided by you to the Company.
The inner page templates created by the web designers will have similar layout (unless it is specified at the time of finalization of project quotation).
The Company provide Administration control panel to the client.

If during the course of the work the client is unable to provide us with necessary information, materials or feedback in a timely manner when requested it could become necessary to reschedule the team / resource to other jobs while we are waiting. If we request materials, information, decisions, or approvals from you that we need to complete the work, and you do not provide them within the 7 days of our request, we will deem the work to be completed and all payments due and the project will be terminated from our side. The company will not be liable for refund.

That the Company makes such a website for you with browser compatibility as defined below:
Internet explorer: Version 7+
Mozilla Firefox: Version 3.5+

You shall submit all of your requirements at the time of designing need analysis to the Company. The project quotation will be based on the stated requirements. Any additional requirement beyond the stated requirements shall be charged accordingly.

The Company shall charge additional Annual Maintenance Charge (AMC) for additional work or up-gradation, in case you does not avail AMC then in such case after the completion of the subject matter of this agreement The Company shall not be liable for any maintenance after delivery and installation of the website to you. If you need SSL Integration and PG Integration then it will charged separately apart from this agreement. If you need Flash Animation in its web site then it will cost extra depending upon the nature and volume of the work and it shall be fixed at that time after mutual understanding and the same shall be subject to a new Agreement.

The Company shall provide at the most two layouts for finalization. However If you doesn’t like the layouts the project will be discontinued and in such situation you will be refunded only 90% amount of the total deal amount.

The Company shall provide at the most 3 logos for finalization. However If you doesn’t like the logos the project will be discontinued and in such situation you will be refunded only 75% amount of the total deal amount.

If your website needs any paid module, then you have to purchase the same and provide the Company.

During the term of the project, you may provide the Company with certain confidential and proprietary information ("Confidential Information"). Confidential Information includes, without limitation, business methods, plans, systems, finances, projects, trade secrets or provision of products or services to which it attaches confidentiality or in respect of which it holds an obligation to a third party, the terms of the Agreement, customer contracts, work product, any written information which is marked "Confidential" and any information which is orally disclosed, identified as confidential at the time of disclosure and confirmed in writing as being confidential within 30 days thereafter. However, "Confidential Information" will not include information that (a) is publicly known at the time of its disclosure, (b) is lawfully received by the Receiving Party from a third party not under an obligation of confidentiality to the Disclosing Party, (c) is published or otherwise made known to the public by the Disclosing Party, or (d) was generated independently by the Receiving Party before disclosure by the Disclosing Party. The Receiving Party will likewise restrict its disclosure of the Disclosing Party's Confidential Information to those who have an absolute "need to know" such Confidential Information in order for the Receiving Party to perform its obligations and enjoy its rights under this Agreement. Such persons will be informed of and will agree to the provisions of this Section, and the Receiving Party shall remain responsible for any unauthorized use or disclosure of the Confidential Information by any of
. Upon termination of the Project / Agreement for whatever reason both Parties shall deliver to the other Party all working papers or other material and copies thereof provided to it or prepared by it either in pursuance of this Agreement or otherwise.
Both the parties undertake to disclose the information including "confidential information" only to a minimum number of its employees who need to have the information disclosed to them only on a "need-to-know" basis and to ensure that the obligations on use and disclosure of the information are observed by all of the said employees.

That you shall indemnify the Company from any intellectual property right issue, rise through this project and the Company hereby covenants and agrees that it shall have the affirmative obligation to hold the confidential information given by you in the strictest of confidence and to protect the confidential information from disclosure to any third party. The Company also affirms that the confidential information provided by you shall be used for the business purpose and shall not be used for personal use, the logo, product images, and contents provided by you. You warrants and represents that while providing any information to the Company has not infringed any third party’s IPR and while rendering the services if there is infringement of the any thirds party’s IPR then in such case you shall be solely responsible for the same and the Company shall not have any liability whatsoever in this regard. No data transmission over the Internet can be guaranteed to be totally secure. As a result, whilst the Company strives to protect your personal information, the Company cannot ensure or warrant the security of any information which you send to the Company and the same shall be done at your own risk.

That there shall be no refund or any claim for refund of the charges shall be entertained after initiation of project. Full refund if the project has not started
Full refund if the programmer / designer / content writer / SEO expert (or any other resource / staff) has not started the project.
No refund will be provided for the days the resource has already worked.

That this Agreement shall be deemed to be construed, interpreted and governed under the laws of India. That in case if before completion of this agreement any dispute arisen between the parties then it is firstly sought out by the mutual consent but if it becomes impossible then you shall make the payment of complete fees for the work done in proportion of the complete work and the Company will provide the work so completed to you. However if after execution of this Agreement any dispute or difference between the parties as to any matter arising out of or under this Agreement shall be referred to arbitration by the Sole Arbitrator to be appointed by the Managing Director of eSree Technologies. The place of arbitration shall be at Jaipur and the arbitration proceedings shall be in English and in accordance with the provisions of the Arbitration & Conciliation Act 1996. Subject to what has been stated hereinabove, the Courts at Jaipur shall have the exclusive jurisdiction.