Terms and Conditions

Kapil Dev IT Services LLP offers its clients Web Design and Development, Domain and Search Engine Optimisation Services complying with international standards.

The following Terms and Conditions document is a legal agreement between Kapil Dev IT Services LLP. (“Kapil Dev IT Services”) hereafter called “the Company” and YOU “Customer/Client” for the purposes stated in the contract. These Terms and Conditions set forth the provisions under which the Customer may use the services rendered by us. By communicating your acceptance either verbally or in writing, you have offered to take up the relevant services of Kapil Dev IT Services LLP [Kapil Dev IT Services] set out below. Our Agreement starts on the date that you sign the first contract or the date we start work. You may not withdraw that offer without our consent except as stipulated under the Terms. This does not affect your statutory rights. If you are a new customer and/or there is no existing agreement with Kapil Dev IT Services, the following are our standard terms of working.

IT Services

The Company is an IT services provider that are listed on the “our services” page. The following terms and conditions are applied on all the services offered by Kapil Dev IT Services LLP.

Statement of Work – Offer and Acceptance

Our quotes are unique and depend on your requirement and the job done by us. When you place an order from the Company, no contract for the supply of services to you comes into existence until the Company sends an invoice to you for payment. The invoice equals acceptance by the Company of your offer to purchase services from the Company and this acceptance of work is a valid contract between you and the Company regardless of whether you receive the invoice or not. The Company has the right to withdraw from the contract at any time without seeking Your approval.

If a functional specification and a set of testing criteria are included within the quotation, the Company is responsible for fulfilling the testing criteria as the sole criteria for the completion of the contract. You agree that the testing will occur only on the standard development platform. You further agree that any requests relating to hardware or software outside the standard development platform will be deemed additional work, hence, additional charges may be applicable.

You agree to provide any needed information and content required by the Company in good time to enable the Company to complete the agreed project. The time given to you for the project completion depends upon the relevant information and artwork and the signing of any proofs in good time, otherwise, our progress will be delayed and we can not be liable for any delay. If you do not provide us with the relevant information to complete the project within six months of the initial order, the contract will be considered to be completed. In such an event, all outstanding payments shall be paid immediately.

However, we do not hold any liability or responsibility for any third-party software which is provided.

Intellectual Property

You are responsible for all the information provided by you. You will need to get permission for any material content to be incorporated into your project from the relevant person or company if required. Kapil Dev IT Services LLP will not be held responsible for any information acquired from you. You agree to hold harmless, protect and defend the Company from any claim or suit that may arise as a result of using the supplied media and content.

Copyright of the completed web Designs, images, pages, code and source files created by the Company and any other Intellectual properties belong to Kapil Dev IT Services LLP unless otherwise agreed to before the commencement of the contract.

You agree that the resale or distribution of the completed files/ projects is forbidden unless a prior written agreement is made between the Customer and the Company.

You agree to abide by the terms of any third-party software or media included in any work done for you. Examples of this include, but are not limited to, Google maps, RSS feeds, Open Source GPL software, etc.

Prohibited Contents

The Company reserves the right to refuse to handle:

Any media that is unlawful or inappropriate, constitutes harassment, racism, violence, obscenity, harmful intent or spamming, a criminal offense, or infringes privacy or copyright; that contains a virus or hostile program.

During the completion of the project, it is important that you communicate information to the Company to achieve the required result. If you fail to provide information in due time, it will lengthen the project and delay the delivery. Kapil Dev IT Services LLP will not take responsibility for loss of earnings or any other losses on account of such delay. If the relevant information is not provided within the time constraint the Company deems the project as complete and has the right to demand full payment.

Payment Terms

Payment is to be made as an invoice is generated unless otherwise stated at the time of the contract. Generally, we take one-third of the total fee upfront, another one-third after the project commences, and the after the project is completed.

Kapil Dev IT Services LLP will price individual projects based on hours and will apply an allocation of the maximum hours needed for the project. In case a project is to overrun on hours, you agree to pay the charges at our standard hourly rate. The standard rate is £200 per hour, but Kapil Dev IT Services does reserve the right to discount this hourly rate without affecting the terms and conditions.

Prices are subject to change without notice.

All invoices must be paid in full within 10 days of the invoice date, except where agreed at the Company’s own discretion.

The Company reserves the right to decline further work on a project if there are invoices outstanding with the Customer.

The Company reserves the right to remove its work for you from the Internet and other platforms if payments are not received.

In the event of a dispute, you shall not withhold payment. We will investigate any dispute and issue refunds where relevant. Kapil Dev IT Services reserves the right to terminate/suspend any service if payment schedules are not being followed.

Support

Support is available on working days at our office at +91-9555902006, we reserve the right to suspend service from time to time for ongoing maintenance without any prior notice.

Cancellation and Refunds

Kapil Dev IT Services reserves the right to cancel the service at any time. Fees are charged on a Pre-pay basis and are non-refundable. In addition, some accounts incur set-up fees; these charges are also non-refundable. In this event, customers will be entitled only to a pro-rata refund based upon the remaining period of the contract. In case a cancellation is initiated by the customer, the customer will be charged our standard hourly charge in addition to any other applicable charge. If a customer contravenes Kapil Dev IT Services’ terms of service, a refund will not be issued in the event of cancellation.

GENERAL TERMS AGREEMENT

You agree that the information that you have given us or given to us in the future is correct and is in no way misleading, offensive, or against any Country’s Law. You will maintain the secrecy of your passwords and will be solely responsible for any unauthorized access to your account by any person and Kapil Dev IT Services holds no responsibility of the same.

TERMINATION

You hereby acknowledge and agree that Kapil Dev IT Services may terminate its services or involvement with you, at any stage or at any time during the introductory and/or negotiation and/or facilitation process, by giving you written notice thereof, without Kapil Dev IT Services having to provide you with any specific explanation or reason, or without Kapil Dev IT Services having any legal or financial obligation or liability towards you of whatsoever nature.

This Agreement may be terminated at any time if:

• (a) your website contains any material which is illegal, pornographic, radically abusive, or likely to cause offense or damage Kapil Dev IT Services’ reputation
• (b) you commit any material breach of this agreement
• (c) you enter into liquidation whether compulsory or voluntary, as a receiver or administrator appointed, enter into any arrangement with your creditors or cease or threaten to cease to trade
• (d) you stop paying Kapil Dev IT Services

However, we will give you seven days to meet any such obligation before terminating our Agreement.

SUSPENSION OF SERVICES

We reserve the right to suspend all or any of the services that we have given to you, including those that have been already paid for should any of these terms not be met.

CHARGES AND PAYMENTS

The price that we charge you for our services is stated in your contract. You will pay to us all the charges on their due dates. Payment will either be in advance or as stated in the invoice. We reserve the right to make that decision. You can and may request additional services at any time after your Agreement has started. If we agree to provide you with these services you will pay for the additional services that may incur.

We will charge you for any administration costs and loss of work that has occurred for any payment not being met for whatever reason or that has not been honored by your bank or any method of payment that has been made by you to us.

The charge for these defaults for non-payment and indeed any default of payment regardless of what it is or how it has been caused will be 100% of all outstanding order values. Should this debt have to be recovered in the Court additional charges including all legal and recovery costs will be charged to you. As a director or owner of your business, you also give us your personal guarantee that all money owed to us if your business is unable to meet them will be paid by you.

Jurisdiction

All disputes shall be subject to the jurisdiction of Delhi courts only.

Force Majeure

Kapil Dev IT Services is not responsible for any cessation, interruption, or delay in the operation of the Services or the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, the act of God, or the public enemy, war, armed conflict, terrorist action, strike, lockout, boycott, riot, the release of hazardous or toxic substances, explosion, accident, or any other causes whether or not of the same class or kind as those specified above named, which are not within the reasonable control of a party. Kapil Dev IT Services is not liable for any failure or delay caused by problems with Internet connections.