Commencement of work

The Client agrees to provide written approval of the quote/proposal before any work is commenced, as a Letter of Agreement between The Client and Arunsmiracle concerning the work outlined in this submission.

Payment & Fees for service

It is agreed that the fee for service shall be the cost estimates provided. A deposit of 30% of the total project cost will be invoiced at the commencement of the project, a further 50% will be invoiced upon presentation of creative work and the final 20% upon completion of all work. If the work time exceeds 4 calendar weeks in duration, Arunsmiracle may elect to invoice, and The Client agrees to make payments by monthly invoices based on the work done to date.

Alterations

Unless otherwise stated, creative and design works include one set of major changes and a second set of minor alterations. Arunsmiracle will always give The Client prior notice should work exceed that which is outlined in an agreement. If work undertaken exceeds the work outlined or any addition is made to the items listed after an agreement has been signed, The Client agrees to pay appropriate fees for ‘Excess Work’.

Excess Work & Author’s Alterations (AA)

Excess work is defined as any work involving additions to the list of items and/ or any work undertaken that exceeds the work outlined in the quote/proposal. AAs are defined as changes to any piece of finished artwork after sign off by an authorised representative of The Client. Excess work and AAs will be charged in increments at the current agreed rate.

Liability

It is agreed that all work and materials provided for The Client by Arunsmiracle will be free and clear of all liens and encumbrances and may be lawfully used by The Client without infringing upon the rights of others. Arunsmiracle will not be liable for any losses or damages that may be caused by or related to work outlined in this proposal.

Project cancellation

It is agreed that the project may be cancelled by The Client by written notification. Arunsmiracle retains the right to invoice The Client for all work completed up to the date of receipt of the written cancellation. The Client must then follow payment procedures as indicated above.

Confidentiality

The quote/proposal is strictly confidential and must not be copied, forwarded or shown to anyone; in part or in whole; that is deemed by Arunsmiracle to be a competitor of Arunsmiracle. This generally includes other graphic design studios, advertising agencies, creative firms, freelance designers, web developers and printing companies that offer design services.

Copyright

Unless otherwise stated in the quote/proposal, it is agreed that Arunsmiracle will have the exclusive right to retain and reproduce any artwork, manuals, information, material reports and other output which is produced from the performance of the work outlined in the quote/proposal. IfArunsmiracle offers to release intellectual property and the Client agrees to pay the proposed Copyright fee, Arunsmiracle will then assign full copyright ownership of the work to The Client upon payment of all monies owed in full. This does not include preliminary designs that are not approved by The Client.

Arunsmiracle always retains the right to use the completed project and any preliminary designs for the purpose of design competitions, future publications on design, educational purposes and marketing materials.

Amendments to terms and conditions

Amendments to these terms and conditions must be made and mutually agreed to, prior to the signed approval of the quote/proposal by The Client. Agreed amendments will be rewritten into a new quote/proposal by Arunsmiracle, and the document re-submitted to The Client for signed approval.

• All estimates/quotes are based on our understanding of your requirements and as per given time-frame. Any changes to the functionality including micro-improvements, may incur additional costs accordingly. Please ensure and clarify our understanding in a prior meeting.

• By accepting a quote, you agree to and accept the terms and conditions. Acceptance can be verbal, by email, payment of Initiation, signing a quote.

• Clients to ensure that we have included all requirements in the quotes/proposals/estimates and that we fully understand their requirements. Clients must provide us with clear guidelines along with the flow or specific details they may require. When such details are not provided, we will proceed with our understanding of the requirements and quote accordingly. At a later stage, if a discrepancy arises, it may lead to additional costs to accommodate the changes. Thus, it is essential that you clarify every aspect of your website development and ensure that you have been quoted on the right requirements.

• We operate in good faith and rely on our clients to disclose the full picture at the time of quotation. Any discrepancy arising due to unclear requirements will not be borne by us.

• We will make every effort to complete the project/changes in the given timeframe. Reasonable delays are accepted if functionalities are redefined or modified.

• Any bugs (programming errors) reported during or just after the development do not attract additional charges.

• Any re-work on an already completed task will attract additional charges. Any changes in the design after the design approval will incur additional charges.

• Any modifications requested during the development or after the Go-Live approval will incur additional charges. All additional work, over and above the estimates, is charged separately. Under no circumstances we will be liable for any delays caused by changes in the project brief.

• Website/application content and all related materials need to be provided to us within the first two weeks of starting the project. Any delays thereafter may delay the project and may incur additional charges if it goes beyond a reasonable timeframe.

• Our websites/applications are generally tested on PCs and include recent versions of the following browsers: IE, Firefox, Chrome & Safari. If you require testing to be done on any other browser, please let us know in advance.

• The Source codes (not including open source software) are copyrighted. The codes can be handed over at an additional cost for use once all previous invoices are settled, on the condition that the codes are used only for use or modification for re-use for further development for the specified client or subsequent owners of that legal entity. Under no circumstance, the codes will be allowed to be used for re-selling or duplication purposes.

• Depending upon the functionalities required, there may be 3rd party components such as Third Party Payment Gateways or SSL certificates involved in building a website/application. Although we do our best in recognising the suitability of any such component, any unforeseen limitations of 3rd party components are beyond our control. Any third-party component purchase costs (such as SSL, Payment gateway, Google Adwords, Plug-in licenses etc) are not included in our quotes.

• Domain registration/renewal etc charges are not included as a part of any project/proposal unless mentioned otherwise. If required, a quote for which will be submitted separately and approved by the client.

• Hosting charges are not included in the quotations unless mentioned otherwise. We can organise an appropriate hosting solution if required, a quote for which will be submitted separately and approved by the client. Where clients decide to organise their own hosting, we should be consulted before finalising the type of hosting and database, as it should meet the requirements of the technology used for the development. Please note that we’ll require full access with hosting support for testing and deploying the application. We will not be liable for any delays or errors caused by direct or indirect actions of the hosting company.

• Notwithstanding any other provision in the agreement, in consideration of the Customer entering into this agreement, upon full payment of any outstanding invoices, We will grant an unconditional license to the Customer to reproduce, publish, communicate, use, exploit, vary, or otherwise deal with 1) the graphics, 2) texts and 3) images used in the published website and associated of form and functionality. This will not include the intellectual property relating to the production of the website including the digital strategies, programming codes, database structures, scripts, forms or functionalities.

• All communications/correspondences are generally done via emails. It is the client’s responsibility to keep us updated with their relevant email addresses.