AP Technology provides products, software, SEO and Website Services (collectively, hereinafter referred to as “SERVICES”) subject to any customer’s or buyer’s (hereafter referred to as “CLIENT”) acceptance of and compliance with the Terms and Conditions (hereinafter referred to as “Terms”) and the terms and conditions of the Service Level Assurance Agreement (hereafter referred to as “SLA”) outlined below:
The Terms of the Agreement will commence on the date the Client enrolled for our Services and will end when terminated by either party in accordance with the Terms and SLA. AP Technologyhas the authority to use its identifying mark that might come in the form of Logo, Design, URL or any types of brand identity to all websites produced from here and it will come into force without any consent of its customers or clients.
DESCRIPTION OF SERVICE:
AP Technology 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. AP Technology 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 AP Technologyor its suppliers liable for any losses, damages or consequences whatsoever from such modification, suspension or discontinuation of the Services.
1. All estimates/quotes are based on our understanding of your requirements and as per given time-frame. Any changes to the functionality including micro-improvements, may incur additional costs accordingly. Please ensure and clarify our understanding in a face to face meeting.
2. By accepting a quote, you agree to and accept the terms and conditions of APTechSolutions. Acceptance can be verbal, by email, payment of Initiation, signing a quote.
3. Clients to ensure that we have included all requirements in the quotes/proposals/estimates and that we fully understand their requirements. Clients must provide us with clear guidelines along with the flow or specific details they may require. When such details are not provided, we will proceed with our understanding of the requirements and quote accordingly. At a later stage, if a discrepancy arises, it may lead to additional costs to accommodate the changes. Thus, it is essential that you clarify every aspect of your website development and ensure that you have been quoted on the right requirements.
4. Any complexity related to specific tasks, must be advised in advance and included in the proposal for costing purposes. We operate in good faith and rely on our clients to disclose the full picture at the time of quotation. Any discrepancy arising due to unclear requirements will not be borne by APTechSolutions.
5. There are limited man-hours allocated to each task including Project Management and Digital Strategist/Business Analyst. Minor changes may be included within the allocated hours. This will be analysed on a case-by-case basis.
6.Synapse Worldwide will make every effort to complete the project/changes in the given time frame. Reasonable delays are accepted if functionalities are redefined or modified.
7. Any delays at client’s end, may delay the project and proposed time frames and may incur additional costs.
8. Any bugs (programming errors) reported during or just after the development does not attract additional charges.
9. Any re-work on an already completed task will attract additional charges. Any changes in the design after the design approval will incur additional charges.
10. Any modifications requested during the development or after the Go-Live approval will incur additional charges. All additional work, over and above the estimates is charged separately. Under no circumstances will AP Technology be liable for any delays caused by change in the project brief.
11. Website/application content and all related materials need to be provided to us within the first two weeks of starting the project. Any delays thereafter may delay the project and may incur additional charges if it goes beyond reasonable time frame.
12. Our websites/applications are generally tested on PCs and include near recent versions of following browsers: IE, Firefox, Chrome & Safari. If you require testing to be done on any other browser, please let us know in advance.
13. Responsive/multi-device compatible web pages are tested on iPhone and iPads. If you require testing to be done on any other device, please discuss it in advance.
14. Please note that at any stage during the project, stalling of the project for over two calendar months will incur $99/week administration costs. Furthermore, it may increase the previously approved estimates. If you require the project to be put on hold, please advise us in writing in advance. To put the project on hold without incurring additional charges, we will need the account to be up to date based on the work done. Further details can be discussed if such a situation arises.
15. Depending upon the functionalities required, there may be 3rd party components such as Third Party Payment Gateways or SSL certificates involved in building a website/application. Although AP Technology does its best in recognizing the suitability of any such component, any unforeseen limitations of 3rd party components are beyond our control. Any third-party component purchase costs (such as SSL, Payment gateway, Google Adwords, Plug-in licenses etc) are not included in our quotes.
16. AP Technology takes no responsibility of any open source products such as WordPress, Open Source carts, Joomla etc. It is clients responsibility to update all components and third party softwares. We suggest you to take regular back-ups to avoid any disruptions.
17. AP Technology offer packages in co-ordination with third party providers. Changes to the third party provider’s rules and policies may ultimately effect the services we provide or the terms and conditions herein.
18. The client must recognize that at times there may be unforeseen circumstances that will delay the development process, particularly with reference to the integration of third party software. We will try our best to complete the project as agreed in the proposal. As long as it is within a reasonable period, the client agrees not to penalize us for any genuine delay, when every effort to keep the project on the proposed schedule is taken.
19. Domain registration/renewal etc charges are not included as a part of any project/proposal unless mentioned otherwise. If required, a quote for which will be submitted separately and approved by the client.
20. Hosting charges are not included in the quotations unless mentioned otherwise. AP Technology can organise an appropriate hosting solution if required, a quote for which will be submitted separately and approved by the client. Where clients decide to organize their own hosting, we should be consulted before finalising the type of hosting and database, as it should meet the requirements of the technology used for the development. Please note that we’ll require full access with hosting support for testing and deploying the application. AP Technology will not be liable for any delays or errors caused by direct or indirect actions of the hosting company.
21. AP Technology generally builds and tests the websites/applications on our own servers or hosted domains. AP Technology cannot give access to their test servers and test websites to the clients or any third party. The website/application can be transferred-off to a nominated 3rd party server upon full payment of all invoices and dues.
22. Not with standing any other provision in the agreement, in consideration of the Customer entering into this agreement with APTechSolutions, upon full payment of any outstanding invoices, AP Technology will grant an unconditional license to the Customer to reproduce, publish, communicate, use, exploit, vary, or otherwise deal with 1) the graphics, 2) texts and 3) images used in the published website and associated of form and functionality. This will not include the intellectual property relating to the production of the website including the digital strategies, programming codes, database structures, scripts, forms or functionalities.
23. All communications/correspondences are generally done via emails. It is client’s responsibility to keep us updated with their relevant email addresses.
Payment of Accounts
A deposit may be required from a new client before any work is carried out. In all cases, website hosting fees and any costs incurred by AP Technology on behalf of the client are payable in advance and are non-refundable.
It is the AP Technology policy that any outstanding accounts for work carried out by AP Technology or its affiliates are required to be paid in full, no later than 30 days from the date of the invoice unless by prior arrangement with APTechSolutions. If accounts are not settled or AP Technology has not been contacted regarding the delay, access to the related website may be denied. Fees relating to web hosting or domain names must be paid prior to the expiration date of the said service. If the fees remain unpaid at the time of expiration, we will with immediate effect, cancel said service and any data held by said service will be removed.
Annual Maintenance Package Terms
All maintenance packages are for a minimum of 12 months period.
Maintenance packages are billed annually, however are paid monthly via direct debit on the 1st of every month.
Packages include 12 months basic website hosting, email hosting and DNS hosting.
Packages are designed to serve minor website maintenance tasks only. Larger projects or updates are not included in the package
Package includes one support request per month of up to 0.50 man-hour. Unused man-hours may not be rolled over to the next month. This support time will be used once every month to update the WordPress and Plugins versions
AP Technology employs fair use policy, which means that although we don’t formally transfer over any unused time to the next month or formally accumulate unused man-hours, we do understand that your needs may change from month to month, and we allow flexibility in good faith sometimes.
Any extra hours used will be billed separately @ $55/hour incl GST.
Support requests need to be sent via email to [email protected]
Any urgent tasks will be charged separately.
The package is auto renewed every year on its anniversary date.
Ongoing term: For any reason if the Client decides to terminate an on-going maintenance package then they will need to pay the balance amount of the remaining months.
APTechSolutoins reserves the right to terminate annual maintenance at anytime with written notice to the Client.
We (and any subcontractors we engage) agree that we will not at any time disclose any of your confidential information to any third party.
We shall not be liable for any loss or damage which you may suffer which is in any way attributable to any delay in performance or completion of our contract, however that delay arises.
We do not guarantee any specific position in search engine results for your website. We perform basic search engine optimization according to current best practice.
Disputes, Liability and Indemnity
In an event of a dispute, AP Technology reserves the right to charge the client in full for the work done as well as for the resources spent in managing the dispute. In such an event, AP Technologyreserves the right to charge the client without honoring any discounts that were previously honored in good faith. Under no circumstances will AP Technology be liable for any damages arising from misrepresentation or misinformation.
AP Technology reserves the right to refuse service to any client, if these are not aligned with our business operating principles and policies.
AP Technology provides its services as is, without any guarantees on security or other issues leading to loss of data, sale or reputation. We ensure to the best of our ability that our systems and servers are protected from hackers, viruses, intruders and other online and offline problems, however we will not be held liable for any disruption of services if such situation arises.
Relationship of AP Technology with its suppliers, partners and sub-contractors is of an independent nature. None of the parties have any power, right or authority to interfere or bind the other or assume or create any obligation or responsibility, whether expressed or implied, on behalf of the other or in the other’s name.
If any of these terms and conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such term or condition shall be severed and the remaining terms and conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
These terms and conditions shall be governed by and construed in accordance with the law of India and you hereby submit to the exclusive jurisdiction of the Indian courts.