- General terms of work, client responsibilities and liabilities
- All site content (text and multimedia) will be the sole responsibility of the client to provide to ValueScale. Such should be provided prior to commencing the work.
- The client is solely responsible to take proper backup of all content on their site/application prior to letting ValueScale undertake the required course of action towards meeting the contract. Any loss or damage to existing data shall not be the responsibility of ValueScale under any circumstances.
- The Contract does not hold ValueScale responsible for any data entry, web hosting or custom artwork/graphics related work/tasks unless otherwise specifically mentioned, paid for and agreed to by both the parties towards such. Any artwork, images, or text supplied and/or designed by ValueScale on behalf of the client, will remain the property of ValueScale and/or its suppliers unless otherwise agreed.
- While ValueScale will do its best to achieve all deliveries within the estimated time, there may, at times, be a need to extend or adjust time in cases of any unavoidable and non-forecasted situations like those of deployment issues, dependencies, 3rd-Party support, development bottlenecks, resource unavailability due to emergency, communication delays and the like.
- ValueScale will provide the Client an opportunity to review the given delivery project (Website and Mobile Apps) once we are completed. ValueScale shall wait for a period of 7 days to hear any feedback on such shared work/outputs from the client. If the client does not reply within this period, such material will be deemed to have been automatically accepted and approved by the Client.
- ValueScale will not accept responsibility for any alterations made by the Client or a third party to the Client’s pages/website/mobile application once installed/ deployed. Such alterations include, but are not limited to additions, modifications or deletions.
- Re-work, Add-ons/Enhancement and Billing
- Any additional features not listed in the scope of work of the original contract would be entertained through a Change Management process and be additionally billed.
- Most minor changes may normally be complied with, however, in some exceptional cases, a list of such works will be compiled and such changes shall be billed additionally per the total time and efforts involved.
- ValueScale accepts payments by Cheque, Cash or Bank Transfers (right to decline payment in any of the mentioned forms without notice is reserved). The client will be required to submit a transaction receipt to aid payment tracking with the bank.
- In the event that a client cancels the service prior to completion of the project, they may be liable to pay a cancellation fee The fee will be commensurate to the amount of work completed at the point of cancellation. A non-payment of this cancellation fee and/or overdue amount will result in legal action against the client.
- Approvals and Delivery
ValueScale will put its best efforts to deliver the products within the agreed timeframe., However dates of delivery are liable to be revised due to inevitable technical reasons. The client is solely responsible to review the product upon its delivery and update feedback within 7 days. If during this period, no response from the client within this period, the project will be deemed to have been confirmed and accepted by the client.
- Support and Third Party
- Any 3rd-Party support, product and/or service being used/ integrated into the application which requires licensing, payment, copyright, etc. shall be the sole responsibility and liability of and be provided by the client or will be procured by ValueScale on behalf of the client on pre-payment for the cost of such procurement.
- No guarantees or warranties shall be provided by ValueScale regarding the accuracy, performance or quality of such 3rd-Party product/service.
- Limitation of Liability
- ValueScale will employ reasonable skill, care and diligence in providing the contracted service. However, no representation or warranty, express or implied, as to the availability, quality, accuracy, timeliness, completeness, performance or fitness of the service shall be deemed to be made by ValueScale.
- ValueScale hereby excludes itself, its Employees and or Agents from: all and any liability for loss or damage caused by any inaccuracy; omission; delay or error, whether the result of negligence or other cause in the production of the mobile application; All and any liability for loss or damage to clients’ artwork/photos, data/content supplied for the site. This is whether the loss or damage results from negligence or otherwise.
- Except in the event of death or personal injury caused by our negligent acts or omissions, we shall not be liable in any way for any damages arising in contract, tort or otherwise in respect of loss or damage arising out of or in connection with this Agreement or operation of the Service. In no event will we be liable for any direct, indirect or consequential damages in contract or tort, including loss of profit, loss or damage to property or relating to claims made by third parties.
- ValueScale cannot make guarantees of service on behalf of third-party organisations and will not be held liable for the failure in any service provided by third parties.
- If a court finds any provision of this Agreement/ terms of service invalid or unenforceable, the remainder of this Agreement/terms of service shall be interpreted so as best to affect the intent of the parties. Either party may renegotiate the terms affected by the severance.
- Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid, illegal or unenforceable provision.
- The terms of this agreement and the rights of the parties hereto shall be governed exclusively by the laws of India, without regarding its conflict of law provisions.
- The parties irrevocably agree that the courts of India shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms and Conditions. The placing of an order will confirm acceptance of these conditions which are attached to the Order.