Terms & Conditions
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.
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
We do not have a standard web Design and development package. Our web Design and development quotes are unique and depend on your requirement and job done by us. When you place an order to Design and develop a website from the Company, the order represents an offer to the Company to purchase the website. 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. The Company has the right to withdraw from contract at any time prior to acceptance.
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 completion of the contract. You agree that the standard development platform of the Company is an agreeable platform for development of the website and all acceptance 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.
You agree to provide any needed information and content required by the Company in good time to enable the Company to complete a Design or website work as part of an agreed project. The time given to you for production of your website is dependent upon you giving us relevant information and art work and signing of any proofs in good time, otherwise our progress will be delayed. In the case you provide all the necessary contents for the website within the stipulated time, we will endeavour to get your site live as soon as possible. If you do not provide us with the art work or relevant information to complete the site within the six months of the initial order, the contract will be deemed completed. In such an event, all outstanding payments shall be paid immediately.
The Company shall make every effort to ensure sites are Designed to be viewed by the majority of visitors. The Company guarantees to provide maximum possible functionality with the allocated hours and funds. However, this excludes any third party software which is provided with no guarantee.
You are responsible for all the information provided by you. You will need to get permission for any material content to be incorporated in your website from the relevant person or company if needed. Kapil Dev IT Services LLP will not be held responsible for 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 contract has started.
These Terms of the Agreement grant a non-exclusive limited license to the extent that use of this website is restricted to a single company of yours. You are not permitted to use a Design for more than one website without prior written agreement between you and the Company.
You agree that resale or distribution of the completed files is forbidden unless prior written agreement is made between Customer and the Company.
You agree to abide by the terms of any third party software or media included within any work done for you. Examples of this include, but are not limited to, Google maps, RSS feeds, Open Source GPL software etc.
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 offence, or infringes privacy or copyright; that contains a virus or hostile program.
During a website project it is important that you communicate information to the Company to achieve the required result. If you fail to provide information and images related to the website 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 the delay. If you take more than 1 months to provide information or artwork directly related to the Design or/and development of the project then the Company deems the project as complete and has right to demand full payment.
Payment to be made as invoice is generated unless otherwise stated at the time of contract. Generally, we take one third of the total fee upfront, another one third after proofs are provided and the balance before coding is complete.
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 effecting the terms and conditions.
If the Customer requests Design or content alterations to pages that have already been completed, new pages or different functionality other than that specified in the original quotation, the Company reserves the right to quote separately for these alterations.
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 if payments are not received. After completion of the site, you or a third party of your choice may wish to edit your website code yourselves to make updates. However, you agree that in so doing you assume full responsibility for any issues which occur as a result of changing the code yourselves. If you or a third party of your choice edits the website code and this results in functionality errors or the page displaying incorrectly, then the Company reserves the right to quote for work to repair the website.
You understand web hosting is provided by third party, we do not provided web-hosting. we are only re-seller and abide by terms & Condition of third party agency which are also applicable to you.
Support is available on working days at our office on +91-9555902006, we reserve the right to suspend service from time to time for ongoing maintenance without any notice.
Uploads via Scripting Languages
We limit uploads made via scripting languages- including capital PHP; uploads using PHP are limited per file.
All accounts are set up on a pre-pay basis. Although Kapil Dev IT Services reserves the right to change prices of accounts or services at any time, all pricing is guaranteed for the period of pre-payment. Payment is due every month or after 365 days, following the date the account was established. Customers will automatically be charged again at the end of their pre-pay period unless closure notification has already been given.
In situations where Customer has not paid, Kapil Dev IT Services will immediately suspend all services on-line until outstanding charge is processed successfully. In addition Kapil Dev IT Services reserves the right to suspend the other services until the outstanding debt is cleared. Any non-payment of a recurring invoice is subject to a administration charge. Customer is responsible for all money owed on the account from the time it was established to the time the Customer sends a return cancellation request.
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.
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 contract. In case 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 give to us in the future is correct and is in no way misleading, offensive or against any Country’s Law. You will maintain secrecy of your pass words and will be solely responsible for any unauthorized access to your account by any person.
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 is likely to cause offence or to 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 by 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 the additional services that they incur.
We will charge you for any administration costs and loss of work that have occurred for any payment not being met for whatever reason or that has not been honoured 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 moneys owed to us if your business is unable to meet them will be paid by you.
When you transfer a domain, we charge a transfer fee Rs 4500/- for Each TLD.The extension of the domain is required by ICANN whenever a domain is transferred.The transfer fee covers the cost of transferring the domain and the domain extension.
All dispute shall be subject to the jurisdiction of Delhi courts only.
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, act of God or the public enemy, war, armed conflict, terrorist action, strike, lockout, boycott, riot, release of hazardous or toxic substances, explosion, accident, or any other causes whether or not of the same class or kind as those specifically 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.
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Committed to quality service, we at Kapil Dev IT Services LLP strive to offer you an all round IT solution for your business. Backed with skilled engineers and professionals, our expertise will make sure that you achieve your goals glitch-free.