This is an important document so please read it carefully.
These terms and condition are applicable to all website designing, website development, and application development projects undertaken by Velocity Creations Private Limited
The signing of a quote by the Client will constitute the placing of an order and will confirm acceptance of the conditions set out below.
In this agreement the terms have the following meaning:
“AllHeartWeb” or “AllHeart Web” or “AllHeartWeb.com” means AllHeart Web Pvt Ltd (Previously Velocity Creations Private Limited) , a company having its office at: 368 Chitla Gate Chawry Bazaar, Delhi – 110006, India.
“The Client” means any person, company, partnership or organization.
“The Agreement” means the contract between Velocity Creations Private Limited and the Client to which these conditions apply.
Agreement: The agreement means the contract between Velocity Creations Private Limited and the Client to which these conditions apply.
Quotation: This refers to a document provided by Velocity Creations Private Limited to client which includes pricing according to requested service. Quotations are valid for 30 days after that Velocity Creations Private Limited has full rights to decline the quote after expire and AKS WebSoft will alter and resubmit the quote for a valid time period.
Charges: All the web development project pricing attract service tax @ 15% at present. Velocity Creations Private Limited will require 50% as an upfront payment or minimum Rs. 10,000.00 whichever is higher before commencing the work. The remaining payment will be due upon completion of the work and prior to upload it on a server. Velocity Creations Private Limited will do a final review after completion of the project and reevaluate project cost upon any extra work or web pages and client needs to pay for that as per the pricing given in the quotation.
Payments: Invoice will be provided by Velocity Creations Private Limited after completion of the work via email or hard copy. Invoices are due within 10 days of receipt after which a remainder will be sent to client and if invoice will not clear after 15 days Velocity Creations Private Limited have full rights to stop all services (website or software) and support.
Liability: Velocity Creations Private Limited hereby excludes itself, it’s employees, directors and agents from: – all and any liability for loss or damage caused by any inaccuracy; delay or error, whether the result of negligence or other cause in the production of the web site; All and any liability for loss or damage to Clients artwork / photos / content, supplied for the web site or related services. Immaterial whether the loss or damage results from negligence or otherwise.
Project Timeline: Project timeline will be decided mutually on the basis of type & quantity of work and this will be only an estimated timeline. During the development process Velocity Creations Private Limited will review the work and reevaluate timeline and notify it to the client accordingly.
Content & Images: During the project client needs to provide all content and images needed in website delay in providing the same will result into exceeding project timeline as decided. Velocity Creations Private Limited will not copy or take images and content from any other website until unless provided by client in written or provided a proof of ownership of that website.
Project Termination & Refund: Termination of the Web Development project or any services by the Client must be requested in writing and will be effective on receipt of such notice. The Client will be invoiced for design work completed till the date of first notice of cancellation received. Velocity Creations Private Limited also have the full right to terminate the Agreement with immediate effect by notice in writing to the Customer if the Customer fails to make any payment when it becomes due.
Velocity Creations Private Limited has a NO REFUND policy, if any kind of work started. Refund will only occur before starting of the project, Velocity Creations Private Limited is only liable to refund 30% of the advance payment.
Copyright / Trademarks: It is the Client’s obligation to ensure that any material being supplied and / or uploaded to the Client’s Website, either by Velocity Creations Private Limited or directly by the Client, is not in breach of copyright, trademarks or other third party intellectual property rights and The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting permission and rights for use of the same to Velocity Creations Private Limited. Velocity Creations Private Limited accepts no responsibility for the Client’s actions in either uploading material to any Velocity Creations Private Limited authorized web space, or to any other web space on any server on the World Wide Web.
Software/Website Material: Website/Software original files like source code / PSD / FLa file is only property of AKS WebSoft Contulting, Website/Software’s owner [client] can’t claim any ownership on original files. Velocity Creations Private Limited will charge for original files if client want to purchase, the cost of original files will vary from project to project, minimum cost of original files are aprox 4-5 times of the whole projects.
FTP Details: If the Client’s Web site is to be hosted on a third-party server, we must be granted temporary read / write access to the Client’s storage directories.
Domain Registration: Velocity Creations Private Limited shall organize and arrange domain registration of the Client’s preferred name with the appropriate domain registration authority only when client need and given a written mail for the same. The domain will be owned and registered in the Client’s name, and become the property of the Client once the fees for the same have been paid by the Client to Velocity Creations Private Limited. In the event that the fees remain unpaid then Velocity Creations Private Limited shall retain ownership and control of the domain names and it shall be entitled to licence, assign, sell or make use of the domain names itself as it sees fit. Moreover client is entitled to pay the renewal fees of the domain name every year.
Adult Material: Velocity Creations Private Limited will not give any permission for upload any kind of adult material over the web space provided on Velocity Creations Private Limited server. Includes all pornography, erotic images, or otherwise lewd or obscene content.
Project Delivery: As far as the project delivery is concern Velocity Creations Private Limited will only upload website on server or make it live only when full payment is done. Velocity Creations Private Limited will not handover any files / folder related to website to the client until unless all the payments are cleared.
Term and Conditions
Change the content of the pages of this website is for your general information and use only. It is subject to change without notice.
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
All trademarks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offence.
From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
You may not create a link to this website from another website or document without [business name]’s prior written consent.
Your use of this website and any dispute arising out of such use of the website is subject to the laws of India or other regulatory authority.
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This website is provided by AllHeartWeb.com (AllHeartWeb.com), and may be used for informational purposes only. By using the site or downloading the Materials from the site, you agree to abide by the terms and conditions set forth in this notice. If you do not agree to abide by these terms and conditions please do not use the website or download materials from the website or make payment on the website or pay to AllHeartWeb.com.
This site, including all Materials present (excluding any applicable third party materials), is the property of AllHeartWeb.com and is copyrighted and protected by worldwide copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in your use of this website and to prevent any unauthorized copying of the Materials. AllHeartWeb.com does not grant any express or implied rights under any patents, trademarks, copyrights or trade secret information. If by mistake any content/images/copy right belongs to you or any known party, please write to us and we will remove it immediately.
AllHeartWeb.com has business relationships with thousands of customers, suppliers, governments, and others. For convenience and simplicity, words like joint venture, partnership, and partner are used to indicate business relationships involving common activities and interests, and those words may not indicate precise legal relationships.
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 AllHeartWeb.com 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, 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 AllHeartWeb.com. 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. AllHeartWeb.com 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 AllHeartWeb.com 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 AllHeartWeb.com or any of its affiliates or subsidiaries.
THIS SITE, THE INFORMATION AND MATERIALS ON THE SITE, AND ANY SOFTWARE MADE AVAILABLE ON THE SITE, 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 ANY PARTICULAR PURPOSE. THERE IS NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THIRD PARTY CONTENT. THERE IS ALSO NO WARRANTY THAT THIS SITE WILL BE FREE OF ANY 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 AllHeartWeb.com 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 AllHeartWeb.com IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE WEBSITE MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL AND CLERICAL ERRORS. AllHeartWeb.com EXPRESSLY DISCLAIMS ANY OBLIGATION TO UPDATE THIS SITE OR ANY OF THE MATERIALS ON THIS SITE. AllHeartWeb.com DOES NOT WARRANT 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 ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK. AllHeartWeb.com RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE. AllHeartWeb.com MAY MAKE ANY OTHER CHANGES TO THE SITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THE SITE AT ANY TIME WITHOUT NOTICE.
INTERNATIONAL USERS AND CHOICE OF LAW
AllHeartWeb.com may at any time revise these Terms and Conditions by updating this posting. Since you are bound by these Terms and conditions, you should therefore periodically visit this page, by clicking the Disclaimer/copyright hyperlink at the bottom of the AllHeartWeb.com web site pages, to review the then current Terms and Conditions.
By coming to this website and reading emails from AllHeartWeb.com ‘s email id, you agree to the terms listed on this page apart from the terms discussed and agreed with you separately as per the AllHeartWeb.com’s choice/discretion.
Once you agree to work with AllHeartWeb.com, you also agree to:
The Cheque/Money Order/Wire Transfer/PayPal/Other Type of Payments will be payable to AllHeartWeb.com , Delhi. We will be pleased to start the project promptly after we receive your acceptance of our proposal, the requested information and applicable professional fees.
At no event will AllHeartWeb.com be liable to the Client or any third party for any damages, including any lost profits, lost business, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate the presentation application.
In case collection proves necessary, Client agrees to pay all legal or third party involvement fees incurred in that process and late payment penalty, compounded interest of 1.5% per month on the remaining amount due.
All the applicable taxes will be levied as per actuals.
Client represents to AllHeartWeb.com an unconditional guarantee that all elements of text, graphics, photos, designs, trademarks, source code or other artwork furnished to AllHeartWeb.com for inclusion in the web pages are owned by Client, or that Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect and defend AllHeartWeb.com from any claim or suit arising from the use of such elements furnished by Client.
AllHeartWeb.com retains the copyrights or ownership to the source code/design of all files produced/developed/designed by AllHeartWeb.com during the course of working on this project. After the final payment of the project rights and ownership of source code/design will be handed over to Client.
Regardless of the place of venue, this contract was entered into in New Delhi, India and any dispute will be litigated or arbitrated in New Delhi, India.
This agreement contained in this Proposal constitutes the sole agreement between AllHeartWeb.com and Client and its owners.
Any additional work not specified in the proposal will be estimated separately or would require amendment to this proposal.
All the images and text/content etc is to be provided by the client. In case client does not provide us the images, client gives us assumed right to use the images from the internet. AllHeartWeb.com will try its best to use the Royalty free images but once the delivery is done, it is client’s responsibility that he has checked and agreed to the work provided. In case he feels/finds that there is something that does not belongs to him, he will immediately get back to AllHeartWeb.com to get it changed. Once the delivery of the work is done, AllHeartWeb.com does not accept the responsibility of any copy right infringement/trademark/performance/damages or any legal liability arising because of any reason. Ideally it is in the best interest of the client that they provide the images and text/other content at the time of contract only and ensure that work is done as per his agreement.
In the event that the fees payable by Client are tax deductible at source, the TDS certificate should be provided by Client to AllHeartWeb.com at the time of making the due payment. The Professional fees are exclusive of any applicable taxes and other government levies. Any such taxes and/or levies will be payable by Client in retrospective/non-retrospective effect.
In an event Client terminates the project during the course of the development of the website; in this case the initial advance will not be refunded.
In case of any legal proceeding, the amount paid will not exceed the amount charged from the client.