BEENAAP TERMS & POLICY
1. STANDARD TERMS & POLICY
There are the standard terms and conditions for website design and development and apply to all NDA (Non Disclosure Agreements) & contracts undertaken & signed by Beenaap ® for its clients.
2. PARTIES
Buyer (hereinafter referred to as “You or “Credit Card Holder” or “Client”.Seller,Beenaap Technologies liability company (hereinafter referred to as “Our”, “Us” or “We”).
3. ELECTRONIC CONSENT
In lieu of this electronic “terms & conditions”, you might have to request a paper copy of these “Terms & Conditions” before signing up. If you want a paper copy, please talk to Beenaap representative or call us +91-9555447655 and Beenaap will send you a paper copy via email, mail or fax.
4.OUR FEES AND DEPOSITS
A 50% deposit of the total fee payable under our proposal is due immediately due immediately upon you instructing us to proceed with the website design and development work. We reserve the right not to commence any work until the deposit has been paid in full. All prices listed are in U.S Dollars & depends on currency as per as client country zone. The remaining 50% shall become due when the work is completed to your reasonable satisfaction but subject to the terms of the “approval of work” and “rejected work”.
5.SUPPLY OF MATERIALS
You must supply all materials and information required by us to complete the work in accordance with any agreed specification. Such materials may include, but are not limited to, photographs, written copy, logos and other printed material. Where there is any delay in supplying these materials to us which leads to a delay in the completion of work, we have the right to extend any previously agreed deadlines by a reasonable amount.
Where you fail to supply materials, and that prevents the progress of the work, we have the right to invoice you for any part or parts of the work already completed.In order to avoid successful completion we expect full time support along with details & information’s required to accomplish project as per as scope & expectations.
6. VARIATIONS
We do provide multiple variations of design as mock ups for front-end including Homepage & in Logo design as well we do provide multiple variations to choose best selective as per as your choice , We are pleased to offer you the opportunity to make revisions to the design. However, we have the right to limit the number of design proposals to a reasonable amount and may charge for additional designs if you make a change to the original design specification.
Our website design phase is flexible and allows certain variations to the original specification. However any major deviation from the specification will be charged as per as scope of changes & details.
7.PROJECT DELAYS & LIABILITY OF CLIENT
In order to avoid any delay in project we must require feedback from client end in order to perform satisfactory delivery & feedback can be in form of e-mail’s or through schedule calls just to make sure project is going along with scope & client satisfaction, Any time frames or estimates that we give are contingent upon your full co-operation and complete and final content in photography for the work pages. During development there is a certain amount of feedback required in order to progress to subsequent phases. It is required that a single point of contact be appointed from your side and be made available on a daily basis in order to expedite the feedback process.
8.APPROVAL OF WORK
After final successful completion of work Beenaap will notify to client in order to have a proper review & satisfactory feedback or if any update in order to match completion with scope & to make it live / launch and to handover all final files including source code to client, Client should update Beenaap with their feedback or if any unsatisfactory points under 7 days week of time, Any of the work which has not been reported in writing to us as unsatisfactory within the 7-day review period will be deemed to have been approved. Once approved, or deemed approved, work cannot subsequently be rejected and the contract will be deemed to have been completed and the 50% balance of the project price will become due.
9. PAYMENTS
After successful completion of project & after confirmation/approval from client end , client must have to pay rest due pending amount & Beenaap will send invoice for the same, Payments can be made via methods suitable to Beenaap in order to receive successfully.
10.WARRANTY BY CLIENT TO BEENAAP AS OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS
Client must obtain all necessary permissions and authorities in respect of the use of all copy graphic images, registered company logos, names and trademarks, or any other material that client supply to Beenaap to include in their website or web applications.
11.BEENAAP LICENSING
After final payment from client end in full for work assigned to Beenaap , Beenaap will grant to client a license to use the website or web applications and this is related to software & contents for the life of the website.
12.SEARCH ENGINES
As search engine like Google,Bing,Yahoo have their own terms & upgrading conditions so time to time due to upgraded terms might be SEO services may get effected & also other circumstances like late payment & delay in feedback & other required information’s may lead to fluctuations in keyword results reason being Beenaap not guarantee for any specific position in search engine results for clients websites but Beenaap assure us of best practices to optimize website in order to get high traffic results & quality business leads.
13.CONSEQUENTIAL LOSS
Beenaap will not be liable for any loss or any damage happened at client end due to delay in feedback or delivering information and this will also affect successful completion and contract signed and discussed at the time of initiation of Project, On completion Beenaap will hand over all credentials & files then after Beenaap will not be responsible for any mishappening with website or web application.
14.DISCLAIMER
To the full extent permitted by law, all terms, conditions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise (other than the express provisions of these terms and conditions) relating in any way to the services Beenaap provided to client are excluded. Without limiting the above, to the extent permitted by law, any liability of Beenaap ® under any term, condition, warranty or representation that by law cannot be excluded is, where permitted by law, limited at Beenaap option to the replacement, re-repair or re-supply of the services or the payment of the cost of the services that Beenaap contracted to perform.
15. NDA (NON DISCLOSURE AGREEMENT)
Beenaap and any subcontractors work for Beenaap agree and confirm to our client that Beenaap will not disclose and share any of confidential information’s & credentials provided to any third party.
16. SUBCONTRACTING
Beenaap have full rights to subcontracts any services Beenaap agreed to perform & deliver to client that we see fit.
17. ADDITIONAL EXPENSES
Client must have to agree to pay for any additional payment requested by Beenaap in order to buy any third party software , templates , pictures , content , fonts, domains, hosting to match project scope and completion at best for their clients.
18. BACKUPS & MAINTENANCE
Once project accomplished successfully and delivered to Client then they will be able to handle & maintain whole website and application at their end and also responsible for maintaining their own backups with respect to their website therefore Beenaap will not be liable for restoring any data of client websites.
19.DOMAINS & WEB HOSTING OWNERSHIP
Beenaap will supply all credentials if they register domain or web hosting and purchase on behalf of their client and client must reimburse for any such expense for domain or web hosting registration to Beenaap on or before purchase.
20. MOBILE RESPONSIVE & CROSS BROWSER COMPATIBILITY
By using current versions of well supported content management systems such as “Wordpress” & other recommended CMS’s, Beenaap endeavour to ensure that the web sites they create are compatible with all current modern web browsers such as the most recent versions of Internet Explorer, Firefox, Google Chrome and Safari. Third party extensions, where used, may not have the same level of support for all browsers. Where appropriate we will substitute alternative extensions or implement other solutions, on a best effort basis, where any incompatibilities are found, Same is application in case of Mobile responsiveness as Beenaap assure and do checkups like Mobile responsive on all tools and devices as best practices so after delivery if any changes made by other party or owner of website may affect responsive view that’s not comes under Beenaap liability and any affects due to network and device breakups will also not comes under Beenaap liability.
21. ECOMMERCE & OTHER WEBSITES / WEB APPLICATIONS
Client is responsible for complying with all relevant laws relating to e-commerce, and to the full extent permitted by law will hold harmless, protect, and defend and indemnify Beenaap® and its subcontractors from any claim, penalty, tax, tariff loss or damage arising from your or your clients’ use of Internet electronic commerce.
22.GOVERNING LAW
The agreement constituted by these terms and conditions and any proposal will be construed according to and is governed by the law of India. Client and Beenaap® submit to the non-exclusive jurisdiction of the courts in and of India in relation to any dispute arising under these terms and conditions or in relation to any services Beenaap performed to clients.