All website-related quotations and work accepted by Vegam Soft Solutions shall be governed by the conditions noted below.
In these Terms and Conditions, the following terms shall have the following meanings:
“VSS” means Vegam Soft Solutions, a company incorporated in India under the Partnership Act 58(1) with registered number 120 (2014), Tiruppur, and having its registered office at 13/12 Rajendra Nagar, Udumalpet Road, Dharapuram, Tamilnadu, India – 638656;
“Website” means the website(s) and / or web services supplied by VSS as detailed in the Proposal;
“Customer” means the person, firm or company who purchases the Website from VSS as detailed in the Proposal;
“Launch Date” means the first date that a Website is available online;
“Contract” means the Customer’s purchase order and VSS’s acceptance of it, or the Customer’s acceptance of a Proposal incorporating these Terms and Conditions;
“Additional Work” means any ad-hoc work requested by the Customer that falls out with the Contract. This will be charged on an hourly basis, the current rate is $5 per hour excluding VAT / other taxes;
“Third Party Services” means any third party services purchased by VSS on behalf of the Customer, such as hosting services, email provision, statistics packages;
“Hosting and Support Services” means Website hosting services and help desk support services provided by VSS to the Customer within the Contract. Help desk is available Monday to Saturday 09:00 to 18:00 IST;
“Sensitive Content” means any Website content that the Customer wishes to keep confidential or does not wish to be released until a particular time;
Individual quotations are open for acceptance for 1 month from issue or the period stated in the quotation document. Once this period has elapsed the quotation will be revoked, unless an extension is granted by VSS.
The scope of work in the Contract is detailed in the Proposal. Any work required by the Customer that falls out with the Contract is deemed to be “Additional Work”.
The Customer agrees to pay for work completed as set out in the Proposal document or as invoiced for ad-hoc work. Prices quoted are exclusive from Tax at the standard rate. Payment terms are as follows: 7 days from invoice tax point. If payment is not received within six weeks then an administration charge of 10% of invoice value will be raised at six weeks from invoice tax point and then every two weeks thereafter until payment is received. Prior to commencement of the Website project, a deposit of 50% of the total project cost is due (percentage may be reduced for large projects – refer to proposal). The remainder is due on the Website Launch Date or six months after project commencement whichever is sooner.
The Customer undertakes that all text, images and the like delivered to VSS for inclusion in the Website will not infringe any copyright, trademark, registered design or other proprietorial right of any third party and shall not be defamatory or otherwise render VSS open to legal action. Should VSS suffer any financial loss as a result of action taken against them by a third party who has had their rights infringed or has been defamed the customer undertakes to reimburse the amount of such loss to VSS.
The times given by VSS for the completion of the work are best estimates only. VSS shall be under no liability for loss in respect of any failure to complete work within the estimated time, unless it is agreed specifically in the proposal.
All Domain Names are registered, unless otherwise instructed, in the Customer’s name. No responsibility can be taken for any infringements arising from Domain Name registration. A Customer’s logos, artwork, graphics, photographs etc. remain the Customer’s intellectual property. Designs by VSS are the intellectual property of VSS.
VSS shall endeavour to rectify as quickly as possible any defect found in Websites or Website-related software that it has supplied to a Customer. Where third party Website applications supplied by VSS are at fault, VSS will endeavour to provide an alternative solution or workaround as quickly as possible. VSS will not be held responsible for any losses incurred by a Customer because of such defect. VSS is not responsible for errors caused by the Customer through misuse of administration software or in the case of a client accessing and editing code. If a request was made to rectify any mistakes made by the Customer this would be regarded as “Additional Work”.
The Customer has sole responsibility for all Website content. This applies to content supplied to VSS for inclusion in an original site launch and for all other content loaded onto the site in the form of site updates.
The Customer shall be bound by the terms and conditions of third parties providing Third Party Services that have been arranged by VSS on behalf of the Customer. VSS shall not be held responsible for any loss incurred by the customer due to the actions of third party suppliers. Price changes from third party suppliers will be passed on to the customer.
VSS backs up Website databases on a monthly basis as part of the hosting cost. Additional backups, if requested by the Customer, will be charged at the “Additional Work” rate for the time taken.
This Contract shall commence on the Launch Date and, subject to termination in accordance with the Contract, shall continue for a fixed term of one (1) year. Following expiry of the fixed term, the supply of the Hosting and Support Services shall (subject as aforesaid) continue under the Contract from year to year until terminated by either VSS or the Customer on 30 days’ prior written notice to the other to expire at the end of the current year of the term. This Contract may be terminated by either party by written notice with immediate effect if either party fails to observe or perform any of its material obligations contained in the Contract and fails to remedy within thirty (30) days of being requested to do so by the other party. On termination, the Customer’s right to receive the services shall cease automatically.
Websites provided by VSS are designed to operate with ‘latest’ versions of the browsers IE & Chrome only. Unless it is agreed separately, other browser/version compatibility is not included in the design.
A link to the Vegam Soft Web site is included in the footer section of all Websites. There is a fee of $50 due by the Customer to remove this link.
Please note that any Website content deemed “sensitive” by the Customer should not be included within Website test content. The Customer should advise if there are contents that they do not wish to be published on any test area employed by VSS.
The Customer shall pay the fees for Hosting and Support Services to VSS monthly in advance to VSS bank account or otherwise agreed in writing and payment of all such sums to be made within thirty (30) days of the issue of VSS’s invoice. VSS reserves the right to withdraw the Hosting and Support Services in the case of non-payment by the Customer. Check out the Hosting packages for more details.
The aggregate maximum liability of VSS under the Contract shall in no circumstances exceed a sum equal to the Maintenance and Support Fee paid by the Customer in the year in which the liability arises.
All matters relative to the Contract shall be governed and construed in all respects by Indian law and the parties hereby submit to the non-exclusive jurisdiction of the Court in Tamil Nadu, India.