TERMS AND CONDITIONS

Please read these terms and conditions carefully, as they set out our and your legal rights and obligations in relation to services offered by Webkul

The Services

1. Deliver a custom or template conversion design service as per the specifications submitted by the customer.
2. Keep the customer informed on the progress and development of the project within the timescales agreed between Webkul and the customer.
3. Provide the customer with access to a demo server during the delivery and acceptance phase
4. Make any modifications to the design as outlined in the delivery and acceptance criteria as noted below.
5. Prepare and release the design to be installed by the customer.

Delivery and Acceptance

Webkul will use all reasonable endeavours to deliver the project to the customer for acceptance testing on or before the agreed delivery date. During the acceptance period, the customer will carry out acceptance tests via an online demo server to determine:

• The design conforms in all material respects with the original specification as outlined in the customers Proposal / specification document
• Whether the design has any Defects.

Charges and Payment

Webkul will not charge more than the amount previously agreed unless the customer has varied the specifications of the work since the agreement. Webkul will not undertake changes to the specifications of the work which would increase the cost, without prior written authorisation from the customer.

A 50% deposit is payable by the customer to Webkul before the project starts. The final 50% payment is payable by the customer before the design is released and after the delivery and acceptance terms are met.

Offers and Proposals

Offers and proposals made by Webkul to potential clients should be confidential and remain the property of Webkul. Such offers and proposals or the information contained within them must not be passed to third parties or publicly disseminated without prior written authorization from Webkul. This includes, but is not limited to, technical features, functionality, aspects of the design and pricing information.

Supply of Materials

The customer is to supply all materials and information required for Webkul to complete the work in accordance with the agreed specification. Such materials may include, but are not limited to, photographs, written-copy, logos and other printed materials. Where the customers failure to supply such materials leads to a delay in completion of the work, Webkul has the right to extend previously agreed deadlines for the completion of the Work by a reasonable amount.

Warranty by Client as to Ownership of Intellectual Property Rights

The Customer will obtain all the necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names and trademarks or any other material it supplies to Webkul for inclusion on the Web design project.

The conclusion of a contract between Webkul and the customer shall be regarded as a guarantee by the customer to Webkul that all such permissions and authorities have been obtained and that the inclusion of such material in the Web design project would not constitute a criminal offence.

By agreeing to these terms and conditions, the Customer removes the legal responsibility of Webkul and indemnifies the same from any claims or legal actions however related to the content of the Customers site.

Right to Terminate

Webkul reserves the right to refuse or break a contract without prior notice, if it is believed that the Client, their Website, or any material is illegal, immoral or otherwise unacceptable.

Intellectual Property Rights

Subject to full payment of the Charges, Webkul undertakes not to design or create (or be involved in the design or creation) of any design, web application or web page with the look and feel of which is:

1. Identical to the look and feel of the Website or
2. Substantially similar to the look and feel of the Website.

Events Beyond the Control of Webkul

Webkul will not be liable for breach of contract where that breach was due to software, hardware or electrical failure, natural events such as fire or other events beyond the control of Webkul

Consequential Loss

Under no circumstances will Webkul be responsible or liable for financial or other loss or damage caused by the failure or use or misuse of its software or when accessing the customers web site. The Client should ensure that data on their site is regularly backed up and that a contingency plan is in place to minimize possible losses as a result of software failure or site access.

Jurisdiction

You agree that all claims, differences and disputes arising under or in connection with or in relation hereto the Website, these Terms of Use, the Agreement(s) or any transactions entered into on or through the Website or the relationship between you and WebKul Software Pvt Ltd shall be subject to the exclusive jurisdiction of the courts in DELHI, India and you hereby accede to and accept the jurisdiction of such courts. Each party hereby irrevocably waives any objection which such party may now or hereafter have to the laying of improper venue or forum non convenient. Each party agrees that a judgment in any such action or proceeding may be enforced in other jurisdictions by suit on the judgment or in any manner provided by law. Any and all service of process and any other notice in any such suit, action or proceeding with respect to this Agreement shall be effective against a party if given as provided herein.