These are the standard terms and conditions which apply to all our contracts as well as all the work undertaken by us for our clients.
Fees and Deposit:
a) There is a 50% deposit fee which is payable immediately on receipt of instructions to proceed with the work. The balance 50% is payable when the work is completed as per the client’s satisfaction subject to the rejected and approval of work clauses.
b) We have the right to commence work only when the deposit has been paid in full.
c) The deposit is only refundable in cases where our obligation to deliver the work has not been adhered to as per the terms agreed upon.
d) If the work has begun and the contract is terminated by the client for no fault of ours, the deposit will not be refundable.
Information/images/video/ feedback & any project related material required from the client
a) The materials, as well as information, need to be provided by the client as per the agreed specification.
b) If there is a delay in supplying the material/information/images/videos/feedback, it will lead to a delay in the project completion and the deadlines will then be extended by us.
c) In case the information/images/video/feedback or any project related material are not supplied and the progress of the work is hampered as a result, we reserve the right to invoice you for the work which has already been completed by us.
d) We have the right to refuse media, which is not appropriate and unlawful or which contains a virus or hostile program or even if there is racism, harassment, obscenity, violence or spamming.
As per the User agreement, any estimates or time frames are contingent on getting the complete & full co-operation from the clients. It is recommended during the development, a single point of contact be appointed and available daily so as to expedite the process including the feedback.
On completion of the work, a notification is sent for review. In case there are any unsatisfactory points, we need to be notified in writing. Any of the work not notified in 7 (seven) days in writing will be considered as approved. Once approved, the work cannot be rejected and the balance of the project price is due to be received by us from the client.
If work has been rejected during the review period, or if the subsequent work done to remedy the points are unsatisfactory, and if we consider that the demands are unreasonable, we may elect to end the contract and recover payment for the work that has been completed
Payment is due upon completion of the 7 (seven) day review period.
All permissions need to be obtained for the use of the graphic materials, images, logos, trademarks, names and other material supplied to us. We are not responsible for claims regarding the content of the sites.
Once we have received 100% payment, a license will be granted by us to use the site, it’s software and contents.
Limitation of Liability
When the client enters into the agreement, we do not entertain any liability with regards warranties or promises or representation made before the date of the agreement.
We are not to be held liable for economic loss, revenue loss or damage to the goodwill or anticipated savings or even any loss of damage to data – done directly or indirectly.
Agreement of Assignment
The client cannot assign this agreement or it’s benefits, rights, duties and obligations under the Agreement to any other party without our written consent.
We reserve the rights to subcontract any of the services that we have agreed to perform.
We warrant that the services provided by us and sold are free from defects in workmanship and in all respects and they are made to conform to the specifications as specified. The buyers will notify us in case there is any defect within this.
The warranty adjustment happens when there is a defect which appears and the client informs us of the same. We thereby will make whatever changes need to be done and submit it within the time period specified by us in the terms and conditions.
Confidential information in any form, including business plans, source code, financial, marketing, technical, customer or business information, analysis, specifications, designs, data, programs or other information which relates to personnel or affiliates are marked as confidential. The receiving party will not use the confidential information for any kind of purpose except for the business with the disclosing party or unless they have got written permission otherwise.
Intellectual property rights
The customer owns the title, right, and interest in as well as to the deliverables. The title, rights as well as interest is only granted to the customer upon complete payment received by Shubmangal media.
Non-Hire and Non-Solicitation
During the agreement term as well as for a year, post it, the client will not recruit directly or indirectly or even solicit or induce any consultant, advisor or personnel of Shubmangal media without prior permission being given.
Neither the client nor Shubmangal media will be liable for any delay or failure in fulfilling the agreement terms as a result of the strike, fire, wars, civil unrest, government regulations, terrorist actions or other acts of nature which are unavoidable and which are beyond the reasonable control of the party which claims force majeure.