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Terms And Conditions
Quotations and Estimates
- All quotations and estimates provided by DigiKee Business Solutions are valid for a period of 30 days from date of issue. Quotations not accepted within this timeframe must be re-issued.
- All Quoted prices, excluding where indicated, do not include Goods and Services Tax.
- Estimates may be provided by DigiKee Business Solutions to offer the client a guide on the projected costing of a project prior to any discovery or research for said project. All estimates will be clearly marked as such and are not an indication of the exact final cost to develop the application.
- DigiKee Business Solutions reserves the right to suspend the services/quotation at any time, without any prior information.
Payment Terms
- All quotations provided by DigiKee Business Solutions, require a 25% deposit upon acceptance.
- Unless prior arrangement has been made, final payment is strictly net 10 days from the date of completion.
- Any cost arising from payment clearings or transaction charges are solely the responsibility of the client and will be charged as such.
- DigiKee Business Solutions will only commence work on the quoted application once any deposited funds have cleared.
- The customer will not be entitled for any service in case of delay in payment for more than 10 days from the final date of installation / date of project / module completion.
- If opted for service beyond the 12 months of maintenance period or as agreed by DigiKee Business Solutions, The Annual Maintenance Charges (AMC) will be normally applicable 40% (PERCENT) of original development cost of Project / Module; each year the development cost for new modules will be added to the initial development cost for the calculation of the AMC.
- The AMC percentage shall be decided by the DigiKee Business Solutions; which depends upon the amount of efforts and work required. This % may vary each year.
- The recurring / renewal amount of the domain and hosting are subjected to change as per the market rates.
- DigiKee Business Solutions disclaims all warranties or conditions, whether expressed or implied, (including without limitation implied, warranties or conditions of information and context). We consider ourselves and intend to be subject to the jurisdiction only of the courts of Yamuna Nagar, Haryana, India.
Intellectual Property
- Unless specified all quotations provided by DigiKee Business Solutions, do not include any source code license.
- All source code and associated intellectual property relating to said source code, developed by DigiKee Business Solutions, solely remains the property of DigiKee Business Solutions, except where specific code license has been issued to the client and said issuance has been indicated in writing from DigiKee Business Solutions.
- DigiKee Business Solutions reserve the right to implement licensing features within the quoted application, except where code license has been issued by DigiKee Business Solutions.
- Any alteration, reverse engineering, or manipulation of any kind on the code, compiled or otherwise, created by DigiKee Business Solutions for the quoted application may be a breach of trademark and copyright laws. If said breach is confirmed, penalties will apply under the relevant acts.
- Any costs incurred by DigiKee Business Solutions for third party code license required to complete the quoted application are the responsibility of the client and will be solely borne by the client. Any such third-party code license will be attached to the existing DigiKee Business Solutions code license for the quoted application.
Cancellations
- Should the client wish to cancel acceptance of the quotation, DigiKee Business Solutions will invoice the client for any work completed to date, as a percentage of the total work involved.
- The minimum cancellation fee will be 30% of the signed quotation.
Content
- Clients are required to ensure that the content of the application being quoted adheres to all the current Indian legislation regarding publication.
- The client shall further indemnify DigiKee Business Solutions in respect of any claims, costs and expenses that may arise from any material included within the quoted application by DigiKee Business Solutions at the client’s request.
- DigiKee Business Solutions reserves the right not to include any material supplied by the client within the quoted application if DigiKee Business Solutions deems said material inappropriate of offensive.
- DigiKee Business Solutions will not populate the application with the final content unless said content is delivered to DigiKee Business Solutions in digital format prior to commencement of work. Said content, if available, will be used for testing purposes and may not be formatted how the client requires it. If content is not available mock placeholder content will be used.
- It is the client’s responsibility, in all cases, to ensure the applications content is displayed and formatted as they require. If the client cannot format the applications content, DigiKee Business Solutions will offer this service at DigiKee Business Solutions’ current hourly rate at the time of the request.
Permissions and Copyrights
- The client will obtain all necessary permissions and authorities with respect to the use of all copy, graphics, logos, names and trademarks and any other material supplied by the client to DigiKee Business Solutions.
- Supply of said material by the client to DigiKee Business Solutions shall be regarded as a guarantee from the client that all such permissions and authorities have been sought and obtained for said material.
- No responsibility will be accepted by DigiKee Business Solutions for damages or losses incurred by the client from the use of material for which permission or authority has not been obtained.
Errors and Liabilities
- DigiKee Business Solutions will pursue due care to ensure applications create by DigiKee Business Solutions are free of errors.
- DigiKee Business Solutions will correct any errors made DigiKee Business Solutions staff in the undertaking of the quoted application.
- DigiKee Business Solutions does not accept responsibility for losses or damage arising from errors within any application.
- DigiKee Business Solutions does not accept responsibility for errors, damages, losses or additional costs that relate to third party products that DigiKee Business Solutions may require completing the quoted application.
Alterations
- Any alterations requested by the client after development has begun will incur extra development and regression testing time. Dependent upon the alteration or change requested an average of 3 days extra development time per alteration should be allowed for. The 3 days average may not be indicative of the time required and can be extended commensurate of the time involved to implement said changes.
- DigiKee Business Solutions will not accept responsibility for any alterations performed by the client or any third party which may cause or induce errors within the quoted application.
- If DigiKee Business Solutions are required to correct said alterations or errors resulting from said alterations, induced, injected or otherwise caused by parties other than DigiKee Business Solutions, the client will be charged at the hourly rate that is current for DigiKee Business Solutions at the time said errors are to be fixed.
Completion of Work
- All timeframes offered by DigiKee Business Solutions to the client are estimates. The intrinsic nature of software development and its intricacies do not offer DigiKee Business Solutions the luxury of defining definite timeframes.
- DigiKee Business Solutions will endeavour to complete all work within the estimated timeframes discussed with the client in the quotation.
However, DigiKee Business Solutions will not be liable for any penalties, monies or hardships otherwise incurred by the client if the application cannot be delivered within the estimated timeframe. - DigiKee Business Solutions will not release the quoted application unless all payments have been met under the obligations of the quotation or work agreement.
- The quoted application remains the property of DigiKee Business Solutions until all obligations have been met for release of said application to the client.
- If DigiKee Business Solutions is working as a third party to another company, said company is responsible in meeting the obligations for release of the quote application to their client.
Changes to site and these Terms and Conditions
- This Site and these DigiKee Business Solutions Terms and Conditions may be amended, revised, changed, updated or modified by DigiKee Business Solutions with or without notice. Please review this link on a regular basis for changes. Continued use of this Site following any change to the DigiKee Business Solutions Terms and Conditions constitutes your acceptance of any such change to the DigiKee Business Solutions Terms and Conditions.