1. Application & Interpretation
1.1 These web design & development terms & conditions (Agreements) are between eCraftKart and you for provision of web design & development and other related services that are described below.
1.2 You agree that you have read, understood & agreed to these web design & development terms & conditions aside you admit to be bound by them. Your continued use of these services indicates your agreement to these terms & conditions located.
1.3 These terms & conditions set forth the provisions under which the customer may use the services rendered by us. Our agreements starts on the date that you sign the first contract or the date we start work.
2. Statement of Work – Offer & Acceptance
2.1 We offer standard web design & development package. Our web design & development quotes & depend on your requirement & job done by us. 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.
3.1 eCraftKart shall provide web design & development along with other related services & perform its obligations in accordance with your proposal document (“Services”)
4. Customer Responsibilities
4.1 You shall be responsible for the accuracy & completeness of the materials
4.2 eCraftKart shall not be liable for any delays resulting from your failure to fulfill any of your obligations.
4.3 You acknowledge that the ability of eCraftKart to provide the services is dependent upon your full & timely co-operation (which you agree to provide) as well as accuracy & completeness of the design specifications & any other information and data provided by you or on behalf of you.
5. Intellectual Property rights
5.1 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. eCraftKart will not be held responsible for information acquired from you.
5.2 Copyright of the completed web designs, images, pages, code and source files created by the Company and any other Intellectual properties belong to eCraftKart unless otherwise agreed to before the contract has started.
5.3 Every product has license file for each domain developed with 100% source code.
5.4 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.
6. Prohibited Contents
6.1 eCraftKart 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.
7. Payment Terms
7.1 These web design & development “Payment Terms & conditions” comprises of an agreement between eCraftKart. and you for provision of web design, development and other related services that have been explained below.
7.2 You admit that you have read, understood and agreed to these web design & development “Terms & conditions” at the same time will be bound by them.
7.3 First of all a down payment is required to start with the development of the project. 50% of upfront design fees, unless there any other contract that specifies a specific amount. The outstanding balance on your website is due after the design, navigation and pages have been approved and built. Final payment is due regardless of whether all content for the pages has been sent by you.
7.4 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.
8. Payment Policies
8.1 In situations where Customer has not paid, eCraftKart will immediately suspend all services on-line until outstanding charge is processed successfully and you shall still be liable to pay for the ongoing hosting fees. In addition eCraftKart reserve the right to suspend the other services until the outstanding debt is cleared.
8.2 In the event of a dispute you shall not withhold payment. We will investigate any dispute and issue refunds where relevant. eCraftKart reserves the right to terminate/suspend any service if payment schedules are not being followed.
9. Cancellation & refunds
9.1 eCraftKart reserves the right to cancel the service at any time. If development and design of the site has already begun then down-payments will not be refundable. However, a partial return can be made depending upon the circumstances.
10. Refund Policy
10.1 All services are rendered ensuring its quality. We generally take upfront and subsequent payments. If at any time in the service rendering process, you are not satisfied with the quality of work, you may bring it to our attention. We will investigate and decide about the refund.
10.2 If a customer contravenes Sctiptgiant terms of service, a refund will not be issued in the event of cancellation.
11.1 You hereby acknowledge and agree that eCraftKart 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.
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 eCraftKart 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
12. Suspension of Services
12.1 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.
13. Charges & Payment
13.1 eCraftKart shall issue invoices in respect of the charges & frequency set out in your proposal document. The charges payable for the services will, whether recurring or not are set out in your proposal document.
13.2 All deposits & advanced payments are non-refundable
13.3 You are committed to pay us for all charges for services for their full invoicing periods, irrespective of whether: a) this agreement has been suspended or terminated during such invoicing periods or b) such services have been changed or cancelled during such invoicing periods.
13.4 Additional charges shall be payable for out of scope work, that is work not otherwise expressly set out in your proposal document.
14. Confidentiality & Proprietary rights
14.1 In this Agreement, “Confidential Information” shall mean any and all technical or business information, including third party information, furnished in connection with this Agreement, in whatever tangible form or medium, or disclosed by you to eCraftKart .
14.2 You will keep the details of the Agreement and any such information which you may learn about, our business technology and our clientele, strictly confidential and agreed not to disclose it to any third party.
14.3 Upon termination, cancellation or expiration of this Agreement for any reason or upon request of the disclosing party, all Confidential Information, together with any copies of same as may be authorized herein, shall be returned.
15. Limitation of Liability
The entire risk as to the quality and performance of the WebPages and website is with you.
a. eCraftKart shall not be liable to you for any loss or damage caused or arising directly or indirectly out of eCraftKart services provided under this Agreement.
b. This includes [but is not limited to] any events that including satellite and internet suppliers.
c. We are liable to you to cover the contract and services provided are beyond our control such as our computers, technology in general, telecommunication equipment to you as long as none of the other points in this contract are broken by you.
16.1 To maintain the quality of our service to our clients we reserve the right to change these terms and conditions and the nature of our services, which we have agreed to provide to you by giving you at least 28 days written notice.
16.2 All the notices must be given in writing. Notices to the Customer will be considered validly given if addressed to your address as shown in the agreement or such other address as is advised by you to eCraftKart in writing.
17.1 In the event that any provision of the Terms shall, in whole or in part, be determined to be invalid, unenforceable or void for any reason, such determination shall affect only the portion of such provision determined to be invalid, unenforceable or void, and shall not affect in any way.
17.2 No waiver of any rights eCraftKart has under this Agreement shall be deemed from any failure by eCraftKart to enforce any part of this Agreement.
18. Authority & Governing Law
18.1 The signatory to this Agreement warrants that he/she has the authority to commit the Customer to this Terms shall be governed by and subject to the laws of without regard to its rules concerning conflicts of law. Agreement and further confirms that this Agreement is made between two businesses.
18.2 The parties hereto irrevocably consent that all disputes which may arise out of or in connection with this Agreement or the Terms shall be subject to the exclusive jurisdiction of the courts of Kolkata.