January 13, 2016

Terms And Conditions

All services provided by Jain Web Solutions are subject to the following terms and conditions.

  1. Acceptance

When you accept our quotation or you make payment of any advance fee then you are accepting our terms and conditions.

  1. Charges

Charges for services to be provided by Jain Web Solutions are defined in the project quotation or proposal emailed to the Client. Quotations are valid for 3 days from the date sent.

Unless agreed otherwise with the Client, all website development services require an advance payment of fifty (50) percent of the project quotation total as a deposit before work commences. The remaining fifty (50) percent of the project quotation total will be due upon completion of the work prior to upload to the server or release of materials.

A deposit is only refundable if work has not been carried out to the approximate value of the deposit. The value of work should be calculated at per day and should include research and development time prior to design or development work being carried out.

Payment for services is due by cheque or bank transfer. Cheques should be made payable to The ROBIN JAIN and sent to Near Agar Phatak Badiyal Road Bandikui (Rajasthan) 303313. Bank details will be made available on invoices.

  1. Client Review

Jain Web Solutions will provide the Client with an opportunity to review the appearance and content of the website during the design phase and after the overall website development is completed. On completion of the project, the work will be deemed to be accepted and approved unless the Client tells Jain Web Solutions otherwise by email within ten (7) days of the date the completed site is made available to the Client.

  1. Payment

Invoices will be provided by Jain Web Solutions upon completion of the work for Web Design and any associated services. Invoices are normally sent via email but the Client may request to receive hard copy invoices. Invoices are due upon receipt. Accounts that remain unpaid thirty (3) days after the date of the invoice will be assessed a service charge in the amount of the higher of one and one-half percent (14.5%) or  per month of the total amount due.

  1. Turnaround Time

Jain Web Solutions will install and publicly post or supply the Client’s Web site by the date specified in the project proposal, unless a delay is specifically requested by the Client or delay is due to the slow supply of Material by the Client.

  1. Termination

Termination of services by the Client must be requested in a written notice (email or letter) and will be effective on receipt of such notice. Telephone requests for termination of services will be honoured after confirmation in writing (email or letter). The Client will be invoiced for development work completed to the date of first notice of cancellation for payment in full within Seven (7) days.

  1. Copyright

The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Jain Web Solutions the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting Jain Web Solutions permission and rights for use of the same and agrees to indemnify and hold harmless Jain Web Solutions from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. Evidence of permissions and authorities may be requested.

  1. Standard Media Delivery

Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format (ASCII text files delivered on CD-ROM, USB memory stick or via e-mail or FTP) and that all photographs and other graphics will be provided physically in high quality print suitable for scanning or electronically in .gif, .jpeg, .png or .tiff format. Although every reasonable attempt shall be made by Jain Web Solutions to return to the Client any images or printed material provided for use in creation of the Client’s website, such return cannot be guaranteed.

  1. Design Credit

A link to http://www.jaintigers.commay appear in small type at the bottom of the Client’s primary ‘home page’, with the Client’s permission.

  1. Access Requirements

If the Client’s website is to be installed on a third-party server, Jain Web Solutions must be granted temporary read/write access to the Client’s storage directories. This must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.

  1. Post-Placement Alterations

Jain Web Solutions cannot accept responsibility for any alterations caused by a third party occurring to the Client’s pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.

  1. Licensing

Once you have paid us in full for our work we grant to you a license to use the website and its related software and contents for the life of the website.

  1. Consequential loss

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.

  1. Disclaimer

To the full extent permitted by law, all terms, conditions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise (other than the express provisions of these terms and conditions) relating in any way to the services we provide to you are excluded. Without limiting the above, to the extent permitted by law, any liability of Jain Web Solutions ® under any term, condition, warranty or representation that by law cannot be excluded is, where permitted by law, limited at our option to the replacement, re-repair or re-supply of the services or the payment of the cost of the services that we were contracted to perform.

  1. Non-disclosure

We (and any subcontractors we engage) agree that we will not at any time disclose any of your confidential information to any third party.

  1. Additional expenses

You agree to reimburse us for any requested expenses which do not form part of our proposal including but not limited to the purchase of templates, third party software, stock photographs, fonts, domain name registration, web hosting or comparable expenses.

  1. Backups

You are responsible for maintaining your own backups with respect to your website and we will not be liable for restoring any client data or client websites except to the extent that such data loss arises out of a negligent act or omission by us.

  1. Ownership of domain names and web hosting

We will supply to you account credentials for domain name registration and/or web hosting that we purchased on your behalf when you reimburse us for any expenses that we have incurred.

  1. Governing law

The agreement constituted by these terms and conditions and any proposal will be construed according to and is governed by the laws of Tasmania. You and Jain Web Solutions ® submit to the non-exclusive jurisdiction of the courts in and of Tasmania in relation to any dispute arising under these terms and conditions or in relation to any services we perform for you.

  1. Cross browser compatibility

By using current versions of well supported content management systems such as “Joomla”, we endeavour to ensure that the web sites we create are compatible with all current modern web browsers such as the most recent versions of Internet Explorer, Firefox, Google Chrome and Safari. Third party extensions, where used, may not have the same level of support for all browsers. Where appropriate we will substitute alternative extensions or implement other solutions, on a best effort basis, where any incompatibilities are found.

  1. E-commerce

You are responsible for complying with all relevant laws relating to e-commerce, and to the full extent permitted by law will hold harmless, protect, and defend and indemnify Jain Web Solutions® and its subcontractors from any claim, penalty, tax, tariff loss or damage arising from your or your clients’ use of Internet electronic commerce.

  1. General

These Terms and Conditions supersede all previous representations, understandings or agreements.