TERMS AND CONDITIONS
Terms and Conditions of Use
Limited License
Pursuant to the terms and conditions outlined in these Terms of Use, Conbech Solutions Private Limited grants you a non-exclusive, non-transferable, limited right to access, use, and display this website and the materials contained on it. You agree not to interrupt or attempt to interrupt the operation of the site in any way.Third Party Content
The website makes information of third parties available, including articles, reports, news reports, tools to facilitate calculation, company information, and other data (the “Third Party Content”). You acknowledge and agree that the Third Party Content is not created or endorsed by Conbech Solutions Private Limited, nor are any products or services offered through it. The provision of Third Party Content is for general informational purposes only and does not constitute a recommendation or solicitation. In addition, the Third Party Content is not intended to provide tax, legal or investment advice. You acknowledge that the Third Party Content provided to you is obtained from sources believed to be reliable but that no guarantees are made by the website or the providers of the Third Party Content as to its accuracy, completeness, or timeliness. You agree not to hold the website, any business offering products or services through the website or any provider of Third Party Content liable for any investment decision or other transaction you may make based on your reliance on or use of such data, or any liability that may arise due to delays or interruptions in the delivery of the Third Party Content for any reason.
By using any Third Party Content, you may leave this website and be directed to an external website or to a website maintained by an entity other than Conbech Solutions Private Limited. If you decide to visit any such site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Conbech Solutions Private Limited makes no warranty or representation regarding, and does not endorse, any linked website or the information appearing thereon or any of the products or services described thereon. Links do not imply that Conbech Solutions Private Limited or this Site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of Conbech Solutions Private Limited or any of its affiliates or subsidiaries.
No warranties
This website, the information and materials contained on it, and any software made available on the website, are provided “as is” without any representation or warranty, express or implied, of any kind, including, but not limited to, warranties of merchantability, non-infringement, or fitness for a particular purpose. Conbech Solutions Private Limited does not provide any warranties regarding third-party content. Additionally, Conbech Solutions Private Limited does not guarantee that this website will be free from computer viruses. Some jurisdictions do not allow for the exclusion of implied warranties, so the above exclusions may not apply to you.
Limitation of damages
In no event shall Conbech Solutions Private Limited or any of its subsidiaries or affiliates be liable to any entity for any direct, indirect, special, consequential or other damages (including, without limitation, any lost profits, business interruption, loss of information or programs or other data on your information handling system) that are related to the use of, or the inability to use, the content, materials, and functions of the website or any linked website, even if Conbech Solutions Private Limited is expressly advised of the possibility of such damages.
Disclaimer
The website may contain inaccuracies and typographical and clerical errors. Conbech Solutions Private Limited is not responsible for updating the site or any of the materials on it. The company does not guarantee the accuracy or completeness of the materials or the reliability of any advice, opinion, statement or other information displayed or distributed through the site. You are solely responsible for any reliance on such information. Conbech Solutions Private Limited reserves the right to correct any errors or omissions in any part of the website. The company may make changes to the site, including materials, products, programs, services, or prices, at any time without notice.
Indemnity
You are responsible for any actions you take violating these Terms of Use and agree to compensate Conbech Solutions Private Limited, its subsidiaries, and affiliates for any losses or damages they may incur.
Changes
Conbech Solutions Private Limited reserves the right to change these Terms of Use at anytime. Any changes will be effective when notice of the changes is posted on the website. You accept the modified terms by continuing to use the website after the changes have been posted. Conbech Solutions Private Limited can alter, suspend, or discontinue any aspect of the website, including features or services offered. The company may also limit access to parts or all of the website without notice or liability. If Conbech Solutions Private Limited terminates the authorization, rights, and license given to you, you must immediately destroy all materials.
International Users and Choice of Law
This Site is controlled, operated, and administered by Conbech Solutions Private Limited from its offices within India.
Conbech Solutions Private Limited does not guarantee that the materials on this site are appropriate or available for use in locations outside of India, and accessing them from territories where their content is illegal is prohibited. You are not allowed to use the website or export the materials in violation of applicable export laws and regulations. If you access this site from an outside India, you are responsible for following all local laws. The laws of India will govern these terms of use, and any disputes arising from them will be resolved in the courts of India. You consent to the jurisdiction of these courts and agree to personal jurisdiction in this forum.
These terms of use constitute the agreement between Conbech Solutions Private Limited and you regarding the use of the website. Any legal action you may take regarding the use of the website must be started within one year of the claim or legal action arising. If a court of competent jurisdiction finds any part of these terms of use to be unenforceable, that part will be enforced to the maximum extent possible to reflect the intent of these terms of use, and the rest of the terms of use will remain in full force. Conbech Solutions Private Limited may revise these terms and conditions by updating this posting. You should visit this page periodically by clicking the Disclaimer/Copyright hyperlink at the bottom of the Conbech Solutions Private Limited website pages to review the current terms and conditions.
By visiting this website and reading emails from Conbech Solutions Private Limited’s email address, you agree to the terms listed on this page and any terms discussed and agreed upon separately at Conbech Solutions Private Limited’s discretion.
Once you agree to work with Conbech Solutions Private Limited, you also agree to the following terms:
- Payment for services will be made through cheque, money order, wire transfer, or PayPal, and will be payable to “Conbech Solutions Private Limited, Delhi.” Work on the project will begin promptly after Conbech Solutions Private Limited receives acceptance of the proposal, requested information, and applicable professional fees.
- Conbech Solutions Private Limited will not be held liable for any damages, including lost profits, lost business, lost savings, or other incidental, consequential, or special damages, that may arise from the operation or inability to operate the presentation application.
- If collection efforts become necessary, the client agrees to pay all legal or third party involvement fees, as well as a late payment penalty of 1.5% per month on the remaining amount due. All applicable taxes will be levied as per actual.
- During the period of performance of services by Conbech Solutions Private Limited and for 24 months thereafter, Conbech Solutions Private Limited agrees not to solicit or induce any employee of the client to terminate their employment or hire any employee of the client without written approval. Similarly, the client agrees not to solicit or induce any employee of Conbech Solutions Private Limited to terminate their employment or hire any employee of Conbech Solutions Private Limited without written approval.
- This agreement, any statements of work, and any rights or licenses granted may not be assigned, delegated, or subcontracted by either party without written consent, except in certain circumstances such as a transfer of ownership or assignment of payment rights. Conbech Solutions Private Limited may subcontract its obligations to subsidiaries or third party service providers, but remains primarily liable to the client. The client may not assign or transfer this agreement to a direct competitor of Conbech Solutions Private Limited.
- The client guarantees that all text, graphics, photos, designs, trademarks, source code, and other artwork provided to Conbech Solutions Private Limited for use on the website are owned by the client or have been legally obtained with permission from the rightful owner. The client will hold Conbech Solutions Private Limited harmless and protect them from any claims arising from the use of these materials.
- Conbech Solutions Private Limited retains the copyrights or ownership of all source code and design produced during the course of the project. These rights and ownership will be transferred to the client upon final payment for the project.
- Any disputes arising from this contract will be resolved in the courts of New Delhi, India, regardless of the location of venue.
- This proposal constitutes the sole agreement between Conbech Solutions Private Limited and the client and its owners. Any additional work not specified in the proposal will be estimated separately or will require an amendment to the proposal.
- The client is responsible for providing all necessary images and content for the project. If the client does not provide images, Conbech Solutions Private Limited may use images from the internet, but will try to use royalty-free images. It is the client’s responsibility to verify and agree to the work provided, and to notify Conbech Solutions Private Limited if any materials do not belong to the client.
- The client is responsible for providing accurate and complete information for the project. Conbech Solutions
Website Development Project
- As a client, it is your responsibility to provide Conbech Solutions Private Limited with clear and detailed guidelines for your website development project. This includes the flow and specific requirements for the project. If these guidelines are not provided, we will proceed based on our understanding of your needs and provide a quote accordingly. However, if discrepancies arise later on, it may result in additional costs to accommodate the changes. To avoid this, it is important that you clarify all aspects of the project and ensure that you have been quoted for the correct requirements.
- Any changes, enhancements, or additions to the functionality or design of the project after the proposal has been finalized will affect the proposal and may result in additional costs and a revised delivery date. All additional work beyond the original estimates will be charged separately. Conbech Solutions Private Limited will not be held responsible for any delays caused by changes to the project brief.
- Any complexities related to specific deliverables must be disclosed in advance and included in the proposal for pricing purposes. We rely on our clients to fully disclose their expectations and operate in good faith. Conbech Solutions Private Limited will not be responsible for any discrepancies that arise due to unclear requirements or expectations.
- The client is expected to provide website content and any related materials within the first two weeks of the project’s start date. Delays beyond this time frame may result in project delays and additional charges if they extend beyond a reasonable time period.
- There may be unforeseen circumstances that could delay the development process, particularly when integrating third-party software. Conbech Solutions Private Limited will make every effort to complete the project as outlined in the proposal, and the client agrees not to penalize us for any genuine delays as long as they are within a reasonable time frame and we are making every effort to maintain the proposed schedule.
- Conbech Solutions Private Limited is not responsible for any third-party products, software, or components used in the website development, such as payment gateways or SSL certificates. We recommend that you take regular backups to avoid any disruptions.
- Our packages may be offered in conjunction with third-party providers. Changes to the rules and policies of these providers may affect the services we provide or the terms and conditions outlined in this agreement.
- Domain registration charges are not included in the proposal unless specifically stated.
- Hosting charges are also not included in the quotation unless specified. If necessary, Conbech Solutions Private Limited can arrange an appropriate hosting solution and provide a separate quote for approval by the client.
- Upon delivery of the website, we will provide one month of free service, including training.
- For e-commerce websites, data entry is free for up to 55 products.
- If you choose to arrange your own hosting, we recommend consulting with us before making a decision. The hosting and database should be compatible with the technology used for the project. Please note that we will require full access to the hosting and support for testing and deploying the application. Conbech Solutions Private Limited will not be held responsible for any delays or errors caused by the hosting company.
- Conbech Solutions Private Limited cannot provide access to our test servers or test websites to clients or third parties.
- Copyright of the completed web designs, images, pages, code, and source files created by Conbech Solutions Private Limited for the project will be transferred to the client upon final payment, provided that this has been agreed upon in writing. Without this agreement, ownership of the designs and code remains with Conbech Solutions Private Limited.
Dedicated Resource(s)
- If required, the client is assigned dedicated resource(s) as well as functional support employees such as a team leader or project manager (based on the service commissioned).
- The developer or designer is on a fixed schedule; it is critical that they have duties at all times to minimise delays (any delays may increase the time required to complete the project).
- The customer is assigned a dedicated resource or resources as well as functional and support personnel such as a team leader and a project manager.
- The client will not do personal business with current or former employees. Any violation of this will result in legal action involving all parties. All Conbech Solutions Private Limited personnel have signed non-disclosure agreements and have confidentiality terms in their employment contracts.
- The resource(s) would be based at Conbech Solutions Private Limited’s Indian office. Monday through Friday, 09:30 a.m. to 6:00 p.m. (India’s time zone is GMT + 5:30 and BST + 4.30). All public holidays are announced in advance and communicated directly by the development team; the holidays are often compensated by working additional hours in the evenings, on weekends, or as agreed upon with the customer.
- A “man-month” is defined as 160 hours of labour every month. When a developer(s) works on a dedicated basis, they are assigned 40 hours per week, 160 hours per month, and so on. During this time, the developer(s) will design, program, test, and provide feedback to the customer.
- Both parties agree that information, including “confidential information,” will only be shared with a small number of employees who “need to know” it and that all of those employees will follow the rules about how and when the information can be used and shared.
- By giving written notice, any party may cancel the services, contract, or agreement. The notice period for major projects is three months, while for small to medium-sized projects, it is one month. The notice period for customers with ongoing time and materials projects (weekly and monthly running projects with dedicated developers and designers) is a minimum of one week. The authority to “define” the “type” of a project belongs to Conbech Solutions Private Limited. Third-party services may need extra time.
- During the “project,” it is the client’s job to provide all relevant information, content, pictures, previous code, etc., to make the project technically possible and viable. If none of the above or any other relevant information is provided, Conbech Solutions Private Limited will use freeware or shareware material as it sees fit.
- Conbech Solutions Private Limited will not be held liable if the client insists on using a specific “copyrighted” material. Conbech Solutions Private Limited will assume that the client has considered the legal and copyright implications of doing so, and once the final payment has been made and/or the website has been made “live,” it is deemed that the client has given the go-ahead to use the above-mentioned material at its own risk and consequences.
- After final payment is received, the client will own individual instances of all code we develop for you, but not the algorithms, techniques, processes, or trade secrets we use to produce it, which belong to Conbech Solutions Private Limited.
- If the client is unable to supply us with critical information, documents, or comments in a timely way when asked (within 24 hours), we may be forced to reschedule the team/resource to other projects while we wait. Any time spent re-allocating resources away from the project during these waiting periods will be deducted from the total project duration.
- If we require documents, information, decisions, or approvals from you and you do not give them within thirty days of our request, we shall consider the job finished and any payments due.
- Existing sites – Work on an existing site is performed on an unnoticed basis: We cannot forecast code integrity due to the nature of current sites (sites completed or partially completed by a third party). We undertake this task with the knowledge that we will explore and develop the current code, but we offer no assurances that the prior work will provide us with a sufficient foundation to work with.
- All development work is done “off-site” in a Sandbox environment supplied by us. On sometimes, it may be necessary to urge that development take place on live servers (time constraints, upon client request, licensing reasons for example). You do so at your own risk. We accept no responsibility for any effects this may have on the live site or your ability to work. We highly advise using a Sandbox server.
- If the task is terminated before completion, payments for time spent are not recoverable.
- If a resource’s total man-hours recorded exceed 15% of the hours stated above, Conbech Solutions Private Limited Management maintains the right to charge the customer for the excess man-hours.
Hosting Service
- Conbech Solutions Private Limited is a provider of annual hosting services that must be paid for in advance. It is the responsibility of the client to ensure that hosting is renewed on time to avoid loss of files, data, emails, backups, and other important information. All unpaid hosting services will be disabled or deleted from the server.
- To ensure uninterrupted service, Conbech Solutions Private Limited requires that all hosting renewals be paid at least seven working days before the expiry date. The company will not be held responsible for any issues resulting from delayed payment.
- Hosting services are provided on shared and non-shared servers through third party providers. Conbech Solutions Private Limited takes steps to protect its systems and servers from hackers, viruses, intruders, and other online and offline threats, but cannot be held liable for any disruptions to service that may occur.
- The client is solely responsible for the content stored and served by the hosting service, as well as the activity of any scripts or email services created under the hosting service. The client must maintain the security of all account passwords and applications or scripts, and ensure that all scripts under the hosting service are free from malicious content that may harm any part of the server, other client accounts hosted, or the external systems of visitors viewing the hosted content.
- In the event of a malware attack, Conbech Solutions Private Limited reserves the right to delete files on the hosting service without prior notice.
Emails:
- Changes to the third party provider’s rules and policies may ultimately affect the services we provide or the terms and conditions herein.
- All emails are to be downloaded on the client’s computer periodically. Email boxes must be kept within their quota limits. Periodical maintenance may be carried out on the email box and emails older than 6 months are deleted.
- Clients must not use the email hosting for inappropriate content and other undesired emails which can result in spamming or infecting the server. Under such circumstances, immediate action will be taken and the required files and data will be deleted without any prior notice.
- Hosting is on shared and non-shared servers hosted via third party providers. Conbech Solutions Private Limited ensures to the best of our ability that our systems and servers are protected from hackers, viruses, intruders and other online and offline problems. However, we will not be held liable for any disruption of services if such a situation arises.
Domains
- Domain registrations and renewals must be paid for in advance.
- The expiration of a domain may cause service interruption and domain loss.
- If a domain expires due to non-payment or late payment of costs, Conbech Solutions Private Limited will not be held liable. All payments must be received at least seven working days before the expiration date.
- It is the obligation of the customer to renew their domain names with us.
- Before we may issue the desired domain name, all payments and dues must be paid in full.
- Because the domains are in a single pool account, Conbech Solutions Private Limited cannot provide access to its domain administration panel.
- Packages are available via Conbech Solutions Private Limited in collaboration with third-party vendors. Changes in the third-party provider’s regulations and policies may have an impact on the services we offer or the terms and conditions outlined here.
Maintenance Plan
- All maintenance packages are for a minimum of three months.
- Maintenance packages are invoiced quarterly, and the price is due on the first day of the billed quarter.
- Packages are solely intended to help with modest website maintenance duties. The bundle does not cover larger projects or upgrades.
- One support request of up to 20 man-hours per month is included in the package. Unused man-hours may not be carried over to the next month. This support time may be utilised to update the WordPress and plugin versions once a month.
- Conbech Solutions Private Limited has a fair usage policy, which means that although we do not technically pass over any unused time to the next month or formally collect unused man-hours, we recognize that your requirements may vary from month to month, and we occasionally enable flexibility in good faith.
- Any additional hours utilised will be paid separately at $15 per hour.
- Support requests should be sent to [email protected].
- Any time-sensitive work will be paid individually.
- Every quarter, the package is automatically renewed, and an invoice is generated.
Payment terms:
- The monthly maintenance package payments may only be paid with a credit card. For monthly maintenance, no other forms of payment will be allowed.
- On the first of each month, monthly maintenance package payments will be charged to the client’s credit card on file.
- If a client pays late or if their credit card payment is declined, a $25 administrative fee will be added to their account.
- If more than three payments are missed in a year, the package will be canceled, and the customer will be required to pay the total remaining amount on the package immediately.
- There are no refunds for any costs associated with the monthly maintenance package.
Termination:
- If the client wishes to cancel the auto-yearly renewal, please notify Conbech Solutions Private Limited in writing at least one month before the renewal date.
- Ongoing term: If the client chooses to cancel an ongoing maintenance plan for whatever reason, they must pay the balance of the remaining months.
- Conbech Solutions Private Limited maintains the right to stop yearly maintenance at any time by giving the client written notice.
Please note that Conbech Solutions Private Limited reserves the right to change the terms and conditions without notice.
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