Datalogy Software understands that the relationship with Client is that of a contractor and that nothing creates a joint venture, partnership, or employer-employee relationship. Accordingly, Datalogy Software is not entitled to any benefits that may ordinarily be extended to employees, and is not authorized to make any representation, contract or commitment on behalf of Client unless specifically authorized to do so by Client. The parties hereto understand that neither of them has authority to bind the other in any contractual arrangement with any third party.
During the engagement Datalogy Software will create a website or requested system as per the specifications provided by Datalogy Software in consensus with relevant law and standard industry practices in all material respects.
During the engagement, the Client shall provide the Company any information reasonably requested by the Company in a timely manner. Client will be responsible for registering the Website's domain name, choosing the Web hosting company, and paying any fees associated with these. Client is also responsible for any other fees associated with the project. Client will also be responsible to get outside services done in timely manner those are related to the current project with the Company.
Approvals & Modifications
Datalogy Software has a structured and systematic approach towards design and development of a system. Client approval is integral process in completion of each element of the project. Such approvals are derived from the clients at regular basis. During the course of design or development stage if client fails to respond to give feedback to the company within 10 days for any queries, work executed, etc…, the company will put the project on hold and will switch over the designers/developers/team working on the client's project to other company project. If the client wants to resume project which is on hold, company reserves the right to revise the quote and the timeline to accomplish the work. Change in approved elements of the system at a later stage may cause modular changes in the design, which may be charged additionally.
Span of Engagement
The Engagement shall commence on the Effective Date which will be the day on which the quote is sent to client and shall end on End Date derived from adding number of days stated by Datalogy Software during project estimation stage, Timeline and Fees, subsection Expected Time Duration, to Effective Date, unless earlier terminated in accordance with termination clause stated below. Scope of span is limited to the condition that all the content related to the project should be provided in advance and Client will corresponds Company regarding project related queries in timely manner. Modification in requirements can change span of engagement depending on the change requested and not limited to any extent.
Fee for Services
In consideration for the Services, and for the duration of the Term, the Client shall pay the Company a service fee equal to System Cost given by Datalogy Software to the client. If the scope of the specifications or project is changed after agreeing to the project, the compensation can be increased as per negotiation between Client and the Company.
Schedule of Payment
Client agrees to follow Schedule of Payment given at the time of estimation. The Company shall have no obligations under this Agreement, including its obligation to commence the Services, until and unless it receives "good funds" equal to the advance Deposit.
Any and all amounts owed to the Company by Client hereunder that are not paid when due shall, at the Company's sole option, accrue interest at the rate of twelve percent (12%) per annum, calculated from the date on which such amount was due.
Maintenance and Hourly Rate
Client accepts that Datalogy Software will do minor webpage maintenance or bug encountered while using the system in the first two weeks to regular WebPages after the website or the system is made LIVE on the server, including updating links and making minor changes to a sentence or paragraph. It does not include removing nearly all the text from a page and replacing it with new text. If the client or an agent other than Datalogy Software attempts updating the client's pages, time to repair WebPages will be assessed at the hourly rate, and is not included as part of the updating time. The two-week maintenance period commences upon the date the client's system is officially published to the web, regardless of any other ongoing work. Changes requested by the client beyond those limits will be billed at the hourly rate. This rate shall also govern additional work authorized beyond the maximums specified above for such services as general Internet orientation education, marketing consulting, webpage design, editing, modifying product pages and databases in an online store, and art, photo, graphics services, and helping Client or their agents learn how to use their own webpage editor. Complex technology specific programming charges (if any) are not included in this rate.
The cost given in this proposal is only for the services provided by Datalogy Software which does not include any other cost like Domain, Hosting or third party component cost, data entry. If any outside component or service out of scope would require for the project either client will pay extra cost to Datalogy Software or client will buy the component or services to implement and use in the project.
Each party shall have the right to terminate the engagement by giving the other party written notice of termination in following conditions: (1) If the other party considerably breaches any of its obligations under this agreement and fails to restore such infringe to the satisfaction of the terminating party within ten (10) business days after receipt of written notice; or (2) the other Party is not paying their debts normally as they become due
Consequences of Termination
Upon termination, each party will immediately (1) return to the other Party all confidential information belonging to the other party that is in physical form and (2) obliterate or erase any and all other confidential information of the other Party that is not in physical form
In the case of early termination, the client shall reimburse the Company for any and all costs and expenses incurred by the Company under this Agreement till the date of termination, including but not limited to, any and all advances made by the Company to the third parties on behalf of the Client. Client agrees to pay Company for the work done to date.
The Client represents to Datalogy Software unconditionally guarantees that any elements of copy, images, related graphics, designs, trademarks, third party logos, or other artwork provided to Datalogy Software for inclusion in website or web based systems are owned by the Client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect and defend the Company and its subcontractors from any claim or suit arising from use of such elements furnished by the Client.
Copyrights to the finished assembled work of websites and web-based system produced by the Company, are owned by the Company. Upon successful completion of this contract, the client is assigned rights to use as a website or web based system, the design, graphics, and copy contained in the finished assembled system. Rights to images, graphics, source code, work-up files, and computer programs are specifically not transferred to the client, and remain the property of their respective owners. Datalogy Software retains the right to display graphics and other design or system elements as illustration of their work in their respective portfolios.
Datalogy Software understands the anxiety one would go through before making someone else privy to the ideas and concepts that have been nurtured and evolved over period of time. We believe in ethical conduct of business, and consider protecting the vital classified information received from client and built in to the project sacrosanct. We believe in providing security and confidentiality at all levels of vulnerability. Datalogy Software can provide NDA on request from clients end.
Document & Network Security
We recommend using a VPN connection to transfer data to and from our place. This ensures the security in transportation of data. We will also make sure that the network used by a product team is independent of the rest of the computing network to avoid any internal leakages. All the electronic material is protected by access level passwords. Even, the printed physical copies of such material are secured and not allowed out of the facility.
It will be ensured by the client that all the approvals are done within 2 days of the delivery of the intermediate deliverables. In the event of not receiving feedback within two days time, Datalogy Software would assume that the deliverables are working as per the client's satisfaction and would not be entertained at later stage. Datalogy Software has a structured and systematic approach towards design and development of a system. Client approval is integral process in completion of each element of the project. Such approvals are derived from the clients at regular basis. Change in approved elements of the system at a later stage may cause modular changes in the design, which may be charged additionally.
Reimbursement of Dispute
In case of any damage or data loss or any legal dispute will take place during the course of Application/ Software/ Website development, any kind of loss Eg. Finance OR brand OR profit of client. Datalogy Software is not bound to reimburse against the loss incurred to client.
Any changes in the scope, designing or flow of work in not expected during the course of the project life cycle. If client wish to have any modification or change in the live project, additional efforts would be considered as a separate project and billable amount will be charged extra. Any change request is accepted from client via email or in written. On change request Datalogy Software do not guaranty project completion within expected time.
Datalogy Software will provide 15days warranty for the deployed software/website/application. The warranty period will commence from the date of delivery of the software to your organization or when the website or the application is made LIVE on the server. The warranty will be limited to correction of any bugs or errors detected in the software. The scope and the terms shall be mutually agreed upon at such time. Any modifications and additional requirements in the system, not covered in the scope, will be outside the scope and would be provided at extra charges.
Company does not certify that the information system functionality or website that is being developed, will meet the client's requirements or that the operation of the system will be uninterrupted or error-free. The entire risk as to the quality and performance of the system is with Client. In no event will Company be liable to the Client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate this system, even if Company has been advised of the risk of such damages. If any condition of this agreement shall be void, unlawful, or for any reason unenforceable, then that condition shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
Datalogy Software reserves the right to change/amend these terms and conditions at any time. Customers of Datalogy Software must have to check Terms & Conditions on the website periodically to remain aware of any amendments that may be made from time to time. Use of website or Datalogy Software product or service constitutes your acceptance of those changes.