Terms and Conditions
BY USING OUR WEBSITE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
1. Description of Services
Niyam Technologies may provide Client with one or more services, included but not limited to, following: Website Design & Development and affiliated products/services, Internet Marketing, Mobile Application Development, Content Development, and/ or Maintenance and Support Services. Unless explicitly stated otherwise, any new feature that augments or enhances the Services shall be considered to be part of the Services. Niyam Technologies reserves the right to modify, suspend or discontinue the Services (or any part thereof), based on non-cooperation, non payment, or unwanted delay from client, at any time, without notice. Client expressly agrees that Client, or any related third party, shall not hold Niyam Technologies or its suppliers liable for any losses, damages or consequences whatsoever from such modification, suspension or discontinuation of the Services.
It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full. Please read these terms and conditions carefully. Any purchase/payment of an advance fee or use of our services implies that you have read and accepted our terms and conditions.
3. Database, E-Commerce & Application Development
Niyam Technologiesis not liable for any losses caused by any software that is created for the client. Though we take every care to ensure the products are accurate and error-free, the ultimate responsibility remains with the Client to ensure that all products and software are functioning properly before use.
Where site and applications are deployed on servers that are not provided by Niyam Technologies, the Client will be responsible to provide and/ or seek any information, support, additional software and/ or co-operation relating to the server required for application to be developed correctly. For developing large applications, the Client will be responsible for providing a suitable testing environment, identical to the Client’s final production environment.
Any application or programming pertaining to a website developed by Niyam Technologies, the Client is expected to fully test them before making the same generally available for use. Niyam Technologies will endeavor but not obliged to correct errors, “bugs” or other issues are found in the website developed by us after the site is live to meet the standards of the site’s function outlined in the brief.
Charges for services to be provided by Niyam Technologies are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 10 days unless alternate timescales have been agreed upon beforehand with the Client. Niyam Technologies reserves the right to alter or decline to provide a quotation after the expiry of the valid timescale.
Unless agreed otherwise with the Client, all website design services require an advance payment of a minimum of fifty (50) percent of the project quotation total before work will commence. A second charge of thirty (30) percent is required after the development stage, with the remaining twenty (20) percent of the project quotation total due upon completion of the work, prior to upload to the server or release of materials. Charges for web/app development do not cover the release of source Photoshop or Flash files; if the Client requires these items then a separate quotation can be prepared. Payment for services is due by cheque or bank transfer. Bank details will be made available on invoices.
5. Development Process
Database Implementation – Entry of data for database applications is considered the client’s responsibility. Entry of data by Niyam Technologies is billable unless otherwise provided for in the customer’s contract.
Training – For websites with administrative control panels or content management systems, two (2) one-hour training sessions will be provided. Technical Support – We offer local and long-distance phone support to our clients. We do not normally bill for technical support depending on the source of the problem, its severity, and our time invested. If Niyam Technologies is not the source of the problem, technical support may be billable.
6. Training and Tutorials
Because customer service is an integral part of our business strategy, all of our projects include a one-time complimentary training session in order for our clients to better make use of their new web technology. Additional training hours can be purchased at our standard hourly rate or applied against your existing maintenance contract.
7. Client Review
7.1 Approval of Work
On completion of the work, you will be notified and have the opportunity to review it. You must notify us in writing of any unsatisfactory points within 7 days of such notification. Any of the work which has not been reported in writing to us as unsatisfactory within the 7-day review period will be deemed to have been approved. Once approved, or deemed approved, work cannot subsequently be rejected and the contract will be deemed to have been completed and the pending balance of the project price will become due.
7.2 Rejected Work
If you reject any of our work within the 7-day review period or do not approve subsequent work performed by us to remedy any points recorded as being unsatisfactory, and we, acting reasonably, consider that you have been unreasonable in any rejection of the work, we can elect to treat this contract as at an end and take measures to recover payment for the completed work.
8. Project Schedule and Content Control
In the majority of projects, Niyam Technologies will install and publicly post or supply the Client's Web site by the date specified in the project proposal. If no such date is specified, the timescale shall be within two weeks of the date initial payment is received from the Client, unless a delayis specifically requested by the Client and agreed by Niyam Technologies. An alternate timescale can be agreed upon during the initial project discussion.
In return, the Client agrees to delegate a single individual as 'first-point-of-call' to aid Niyam Technologies with completing the project in a satisfactory and expedient manner.
During the project, Niyam Technologies will require the Client to provide copies and images. If the content is not provided within two (2) weeks of an official request by email then Niyam Technologies reserves the right to advise the Client of a revision to the final payment fee based on new or revised pricing schedules that may be introduced from time to time. If the content is not provided within three (3) weeks from the original email request then the Client is considered to be in default of the project, the project will be terminated and the Client sent the final invoice for immediate payment. Niyam Technologies will agree, at its discretion, to recommence the project after agreement is reached on a new quotation document and once the original fees have been paid.
Final payment is due regardless of whether all content for the pages has been sent by the client. This provision is in place to encourage the client to get content submitted promptly so that their project can go live. It also ensures that Niyam Technologies gets paid for performing their duty under the proposal, despite tardy content from the client. After payment, Niyam Technologies will still post pre-agreed outstanding content AT NO CHARGE for 2 months. In the event an “under construction” page is posted due to missing content, Niyam Technologies will post ONE copy of any pre-agreed text/pictures on existing pages only, for up to 2 months after the publishing date. After the two months have expired, content posted to the site will be billable at our current regular hourly rate. In the event that design and navigation changes are requested after they have been specifically approved by the client, these changes will be billable at our current regular hourly rate.
A project can only be canceled within 3 days after signing the project agreement. If there is a refund, the client will get the refund within 10 days of the claim.
Invoices will be provided by Niyam Technologies upon completion of the work for Web Development and Design and any associated services. Invoices are normally sent via email; however, the Client may elect to receive hard copy invoices. Invoices are due within fifteen (3) days of receipt after which a reminder will be sent to the Client. If the invoice has not been settled after thirty (15) days then Niyam Technologies will consider the account to be in default.
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