Terms and Conditions
1. Contract: Client’s approval for work to commence shall be deemed a contractual agreement between Client and TOP718. The approval for the work can be either an email confirming back the quote (with the quote document attached) or the quote document signed by Client. Important: Approval for the work to commence and payment of the advance fee indicates that Client accepts these terms and conditions.
2. Material: All material supplied by Client shall remain the client’s property. It will be assumed that this material belongs to Client and that it does not breach any copyright laws.
3. Domain Names: TOP718 provides domain name consultancy if required. Domain names registered by TOP718 on the Customer’s behalf are property of TOP718 until Client has paid for the domain booked and professional fees involved and previously agreed upon.
TOP718 agree to transfer this domain to the customer or his/her agent when asked to do so provided that all accounts have been settled.
Note: Domains booked and owned by Clients themselves are not subject matter above. This term is related to only domain name, which are booked by TOP718 upon the request of clients.
4. Registration Charges: All third party costs arising from the registration of a domain name/purchase of third party utilities/services shall be met by Client and are payable to TOP718 before a formal application for registration is made. This is included in the standard invoice issued after approval for work to commence.
5. Copyright: TOP718 will retain the copyright of any material, including design, artwork and the source code, created for Client by TOP718. Once final payment has been received by TOP718 copyright may be transferred to Client if previously agreed. TOP718reserves the right to retain the copyright on all material created by TOP718 unless otherwise agreed between the two parties in writing.
6. Photography and graphics: TOP718 may use stock photographs and images in the design and build of the site. Images and graphics purchased from stock libraries are not generally included in the quote and will only be included once Client has approved the additional cost. General reworking and editing of artwork and photography supplied by Client will be included in the quote but where TOP718 considers the amount or extent of work involved in editing or reworking assets TOP718 reserves the right to charge for the time of carrying out such work at its usual company hourly rates.
7. Browser compatibility: TOP718 makes every effort to design pages that display acceptably in the most popular current browsers i.e. IE7 and Latest version of Firefox released on the date of project agreement, but cannot accept responsibility for pages that do not display acceptably in new versions of browsers released after pages have been designed. IE 6 is an outdated browser we should pay tribute to it and say goodbye and upgrade our browsers or should start using Firefox, which is free to download and performs much better than IE 6.
8. Search Engine Submission: TOP718 is not responsible for the client’s on-going web site promotion. Should Client require the site to be promoted a separate contract must be agreed. TOP718can make no guarantees about the success of any search engine promotion activity because the search engines control it.
9. Cancellation: Should Client wish to cancel at any point during the process they shall remain liable for the work that has taken place and shall be invoiced accordingly. If cancellation takes place prior to completion Client will be charged what TOP718 consider a reasonable amount for the work carried out to that date.
10. Site maintenance: TOP718 does not undertake to maintain or update a client’s website as part of the design commission. If a client wishes TOP718 to maintain or update a web site as a separate commission, TOP718 will negotiate with Client a maintenance contract appropriate to the amount of work required.
11. Content: TOP718 cannot be held liable for any information contained within The Client’s web site. The content of such remains the copyright and intellectual property of The Client.
12. Examples of work: TOP718 retains the right to display graphics and other web design elements as examples of their work in their respective portfolios.
13. Travel Time and Expenses: Travelling time to and from customer premises is not generally included in our estimate. If a visit/travel is required for meeting, Client will bear all the expenses or as agreed by both the parties.
14. Quotations: The price quoted to Client is for the work agreed on the quotation only. Should Client decide that changes are required, as the site is developed, then we will provide a separate quote for the additional work and may need to review the timescale for completing the project.
15. Upfront Payment: An advance of 40% of the total cost of the project is required before work can commence. After work commences this is non-refundable.
16. Payment terms: Payment is currently accepted by PayPal, unless otherwise agreed.
17. Payment: Payment will be due within 14 days of invoice. Full publication of the Web Pages may take place only after full payment has been received unless otherwise agreed. Any material previously published may be removed if payment is not received. When this occurs a minimum charge of $100 will be required to have the site restored. Accounts that have not been settled within 14 days of the date shown on the invoice will incur a late payment charge of 10% of the amount outstanding.
18. Internet Service Provider: The customer understands that any Internet Service Provider (ASP) services or Website storage services will require a separate contract with the ISP. TOP718 will agree to set up a domain name with host if required, but will not be held responsible for any changes made by the server supplied.
19. 1 Year Free Technical Support: TOP718 is among the best website designing companies of India – we not only do best website designs and develop best web solutions, we also provide Free technical support for 1 year from the date of delivery of the project or project files are moved to your hosting account; whichever happens earlier. 1 Year Free Technical Support is available for all the bugs/errors found in our server side scripting or Java script errors. To give you our best services, we take this responsibility of Free support at no extra cost to you until and unless some other designer/developer modifies the project files we have delivered.
20. Delayed Response From Client Side: Unreasonable delays from client side in providing the required feedback/information/data to finish the project shall exempt TOP718 from meeting the timelines mentioned in the quote. In case client does not provide required details/data/information for more than 15 working days, client authorizes TOP718 to forfeit the payments made towards this project.
21. Single Domain License: Unless otherwise agreed, client agrees to setup the scripts delivered only on one domain. However if client wish to run same website on different domain, then client has to purchase separate license for each domain.
22. License Validity Period: License comes without expiry date as long as it is for single domain.
23. Ownership Of Code and Intellectual Property Rights: Unless otherwise agreed, TOP718 is the owner of the source code and the intellectual property rights and reserves the right to reuse the code for other projects.
24. Share in profits from business or sale of business: After client makes the agreed payment for the project – TOP718 will not claim share in your profits from business or from sale of business to some other company
25. No recurring costs of license: There is no renewal/recurring license fee. However if client wish to run same website on different domain, then client has to purchase separate license for each domain.
26. Use of encrypted files: Unless otherwise agreed, for faster turn around and bug free application development, TOP718 can use own framework (code library in encrypted format) which is used for web applications development. Client will be provided with detailed documentation for using code library functions, with help of the documentation provided other programmers can modify the website functionality.
In no event, TOP718 shall be liable to the customer or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate these Web pages or website, even if TOP718 has been advised of the possibility of such damages. Despite the best efforts of TOP718 errors in web page information will occur. At no time will TOP718 responsibilities for accidentally including erroneous information extend beyond correcting the error.
Should TOP718 waive any of these terms on an individual basis, this shall not affect the validity of remaining clauses or commit TOP718 to waive the same clause on any other occasion. By agreeing to these terms and conditions your statutory rights are not affected.
TOP718 reserves the right to change or modify any of these terms or conditions at any time, but agreements signed prior to the updating in this agreement remains unaffected. Should clarification of any of the above be required, please contact us.