Responsibilities and Liabilities of client and work team
• The required material (multimedia files, and the important text) related to the website will be the sole responsibility of the client to provide to Orbplexus. It should be provided before the commencement of the work.
• Client will be wholly responsible to take back-up of all the content on their website before the Orbplexus take the required course of action against the meeting the contract. Any loss or damage of the existing data will not be responsibility of Orbplexus at any circumstances.
• Until and unless any contract for web hosting or custom artworks/ graphics work/ or any other related work the Orbplexus will not be responsible for the same. If the images/graphics/ text designed by Orbplexus is given to the client for the approval it will remain the property of Orbplexus until and unless the client has agreed to it.
• Email address
• We will deliver the project in the specified time but somehow in case the delivery is not handed over to the client due to some unavoidable reasons and unforecasted situations like deployment issue, dependencies, 3rd party support, bottle neck development, resource unavailability due to emergency, or communication delay.
• Orbplexus will give an opportunity to analyze the appearance and the content of the website during the designing once it is finished. Orbplexus will wait for a week time i.e., 7 days for the feedback of the client and to share their views. In case, if the client does not respond within the given period of time the material will be considered as accepted automatically and will be taken as approved.
• The client will hold the copy write of the data provided and grants the permission to Orbplexus to publish and use the same. Third party copy right of any information has to be obtained by client. Client is further responsible for granting Orbplexus permission ad rights to use the same and agrees to the conditions and hold harmless Orbplexus from any claims resulting from clients laxity or inability to acquire proper copyright permissions. In this regards, a contract for the design and development of website will be regarded as a guarantee by the client to Orbplexus. Which includes all the permissions and authorities and the evidence of permission and authorities may be requested.
• Orbplexus will not welcome any responsibility for the alteration caused by client or a third party once it is deployed or installed. Such alterations include, but are not limited to additions, modification or deletions. Orbplexus may entail a one-off Web development charge before looking into the matter and resolving it.
• Payment by cheque, cash or Bank Transfer is acceptable at Orbplexus (but we fallback the right to decline the payment in any of these forms without notice). Orbplexus holds the right to declare void any payment methods at any time and vary its prices without prior notice.
• In case client, cancel the service prior the completion of the project a cancellation charge may be charged. It will be equal to the amount of work completed at the point of cancellation.
• A legal action will be taken against the non-payment of cancellation fee/ or over-due amount.
Support 3rd party
• In the 1st month free support will be offered after the site is launched. After completion of 1st month, charges will be charged according to the various packages best suited to the client’s requirement. Orbplexus also provide extra discount in case client chooses the higher rate package. The scope of support only includes for bug fixing and email support. It excludes the issues related to the site architecture, rule changes and add-ons/ enhancement.
• Any 3rd party support, product and or service being used/ integrated into the site which require licensing, payment, copyright, etc. will be the sole responsibility and liability of and be provided by the client or will be obtained by Orbplexus on behalf of the client advance payment for the cost of such procurement. The fee charged by Orbplexus is exclusive of out of pocket expenses and expense claims filed by third party products. Services.
• Orbplexus does not give any guarantee or warranty for the accuracy or performance of such 3rd party service.
• Orbplexus does not allow any up gradation in 3rd party product or services being used in the project. Such shall be addressed per feasibility and revision of price and time may be called for or by Orbplexus.
Revamp, Enhancement/ Add-ons and Billing
• Any additional feature not predicted in the scope of work will be entertained through a change management process and will be charged additionally. Scope creeps after wireframe signoff will be billed as additional and will also increase the delivery time and cost.
• Minor changes/ revamp are most tweaks which are normally completed, however, if Orbplexus feels this being abused will be charged additionally per the total time efforts involved and undertaken to achieve the task at the business rates.
• Although we try to cover most of the changes within the budget of the site, but some changes are classified as add-ons/ enhancements to the system which become chargeable. Hence, we suggest our clients about the same before the start of the project.
• Any changes/ revamp in the project will be taken as extra work will be billed additionally.
• Client has to pay the fee charged by Orbplexus without any deductions, discounts or debt settlement by the agreed due dates.
Curb of liabilities
• We will use practical skill in providing the service to the clients. On the other hand, we do not make any picture and exclude any warranty, as to the availability, quality, accuracy, timeliness, completeness, performance or fitness of the service.
• Orbplexus thus exclude itself, its employees, agents from all and any liability for loss or damage caused due to the inaccuracy, omission, or delay, or by the negligence or any other cause in the development of the website. Any liability for loss or damage to the clients photos, artwork, data, and content given for the site. It is whether the loss or damage results due to negligence.
• Except in the incident of death or personal injury caused by our negligent acts, we shall not be responsible in any ways for any damages arising in the contract. In no event we will be liable for any direct or indirect or consequential damages, including loss of profit, loss or damage or relating to claims made by 3rd party.
• We will not give guarantees on behalf of 3rd party organizations and will not be responsible for the failure in any service provided by 3rd party.
Approvals and Delivery
• According to the project it will held in number of stages for which the next stage will only be start working if and only if the relevant payments of the previous stage is agreed.
• Orbplexus will upload the website of the client only for the approval. Upon which the client’s website will be uploaded at the destination server. Orbplexus shall hold the rights to delay uploading of the website until and unless the full payment has been received.
• The code ownership of the website will be handed over to client after final payments and will be transferred post completion of the project and after sign offs.
• Orbplexus hold the right to publish and use the completed work even after deployment final website for reference to other potential clients.
• Team Orbplexus will stab to complete all the services within the agreed timescale. This time period will start from the day when both the parties will agree and client will deposit some percentage of advance which ranges from 30-50% of the project.
• We may exceed the time period due to some unavoidable reasons.
• All the laws and the rules are according the Indian law. The parties once and for all agree that the courts of India shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms and Conditions. Order placing will be confirmed with the acceptance of the conditions which will be attached to the order.
• In the event any one or more of the provisions of this Agreement and/or Order shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement and/or Order shall be unimpaired and the Agreement and/or Order shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid, illegal or unenforceable provision.