Terms & Conditions
Project Terms:
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All estimates/quotes are based on our understanding of your requirements and as per given time-frame. Any changes to the functionality, including micro-improvements, may incur additional costs accordingly. Please ensure and clarify our understanding in a face-to-face meeting.
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By accepting a quote, you agree to and accept the terms and conditions of Eracew. Acceptance can be verbal, by email, payment of Initiation, or signing a quote.
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Clients must ensure that we have included all requirements in the quotes/proposals/estimates and that we fully understand their requirements. Clients must provide us with clear guidelines along with the flow or specific details they may require. When such details are not provided, we will proceed with our understanding of the requirements and quote accordingly. At a later stage, if a discrepancy arises, it may lead to additional costs to accommodate the changes. Thus, it is essential that you (Client) clarify every aspect of your website/application development and ensure that you have been quoted on the right requirements.
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Any complexity related to specific tasks must be advised in advance and included in the proposal for costing purposes. We operate in good faith and rely on our clients to disclose the full picture at the time of quotation. Any discrepancy arising due to unclear requirements will not be borne by Eracew.
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There are limited man-hours allocated to each task, including Project Management and Digital Strategist/Business Analyst. Minor changes may be included within the allocated hours. This will be analyzed on a case-by-case basis.
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Eracew will make every effort to complete the project/changes in the given timeframe. Reasonable delays are accepted if functionalities are redefined or modified.
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Any delays at the client’s end may delay the project and proposed timeframes and may incur additional costs.
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Any bugs (programming errors) reported during the Support Period or just after the development do not attract additional charges.
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Any re-work on an already completed task will attract additional charges. Any changes in the design after the design approval will incur additional charges.
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Any modifications requested during the development or after the Go-Live approval will incur additional charges. All additional work, over and above the estimates, is charged separately. Under no circumstances will Eracew be liable for any delays caused by a change in the project brief.
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Website/application content and all related materials need to be provided to us within the first two weeks of starting the project. Any delays thereafter may delay the project and may incur additional charges if it goes beyond a reasonable timeframe.
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Our websites/applications are generally tested on PCs and include recent versions of the following browsers: IE, Firefox, Chrome & Safari. If you require testing to be done on any other browser, please let us know in advance.
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Responsive/multi-device compatible web pages are tested on iPhones and iPads. If you require testing to be done on any other device, please discuss it in advance.
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If your website/application is not hosted on an Eracew server, any additional man-hours that may be required due to any server or network-related issues are not covered in our quotes and may be charged separately.
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Please note that at any stage during the project, stalling of the project for over two calendar months will incur Rs. 5000/week administration costs. Furthermore, it may increase the previously approved estimates. If you require the project to be put on hold, please advise us in writing in advance. To put the project on hold without incurring additional charges, we will need the account to be up to date based on the work done. Further details can be discussed if such a situation arises.
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Eracew software codes (not including open-source software) are copyrights of Eracew. The codes can be handed over at an additional cost for use once all previous invoices are settled, on the condition that the codes are used only for use or modification for re-use for further development for the specified client or subsequent owners of that legal entity. Under no circumstance will the codes be allowed to be used for re-selling or duplication purposes.
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Eracew CMS is a proprietary of Eracew. Eracew owns copyrights of all codes written for any client, unless arrangements are made prior to the start of the project. Eracew warrants a license to use any custom-built software for the client, for their use only. This license is granted while paying for the hosting. Eracew CMS cannot be transferred to any external host; this includes any access to the software codes.
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The website or software application will be designed to be deployed on the web, via using a commercial-grade web-server or a similar setup. Based on your website traffic, the website may not perform if deployed on a generic office network environment.
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Depending upon the functionalities required, there may be 3rd party components such as Third Party Payment Gateways or SSL certificates involved in building a website/application. Although Eracew does its best in recognizing the suitability of any such component, any unforeseen limitations of 3rd party components are beyond our control. Any third-party component purchase costs (such as SSL, Payment gateway, Google Adwords, Plug-in licenses etc) are not included in our quotes.
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Eracew takes no responsibility for any open-source products such as WordPress, Open Source carts, Joomla etc. It is the client’s responsibility to update all components and third-party software. We suggest you take regular back-ups to avoid any disruptions.
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Eracew offers packages in coordination with third-party providers. Changes to the third-party provider’s rules and policies may ultimately affect the services we provide or the terms and conditions herein.
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The client must recognize that at times there may be unforeseen circumstances that will delay the development process, particularly with reference to the integration of third-party software. We will try our best to complete the project as agreed in the proposal. As long as it is within a reasonable period, the client agrees not to penalize us for any genuine delay, when every effort to keep the project on the proposed schedule is taken.
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Domain registration/renewal etc charges are not included as a part of any project/proposal unless mentioned otherwise. If required, a quote for which will be submitted separately and approved by the client.
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Hosting charges are not included in the quotations unless mentioned otherwise. Eracew can organize an appropriate hosting solution if required, a quote for which will be submitted separately and approved by the client. Where clients decide to organize their own hosting, we should be consulted before finalizing the type of hosting and database, as it should meet the requirements of the technology used for the development. Please note that we’ll require full access with hosting support for testing and deploying the application. Eracew will not be liable for any delays or errors caused by direct or indirect actions of the hosting company.
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Eracew generally builds and tests the websites/applications on our own servers or hosted domains. Eracew cannot give access to their test servers and test websites to the clients or any third party. The website/application can be transferred-off to a nominated 3rd party server upon full payment of all invoices and dues.
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Notwithstanding any other provision in the agreement, in consideration of the Customer entering into this agreement with Eracew, upon full payment of any outstanding invoices, Eracew will grant an unconditional license to the Customer to reproduce, publish, communicate, use, exploit, vary, or otherwise deal with 1) the graphics, 2) texts and 3) images used in the published website and associated of form and functionality. This will not include the intellectual property relating to the production of the website including the digital strategies, programming codes, database structures, scripts, forms or functionalities.
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All communications/correspondences are generally done via emails. It is the client's responsibility to keep us updated with their relevant email addresses.
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If the SMS API is taken from other companies, then API guidelines have to be provided, else, it may take longer time and in such cases, if any troubles are faced then we won't have any control over it.
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Bulk SMS integration charges will be added separately.
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Project timeline can be increased in case of any natural disaster occurrence in India or any changes are asked on UI part of the web application.
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Payments cannot be refunded at any circumstances.
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Bulk SMS has to be purchased separately from us as per the requirement.
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All the third party API's that we are implementing in this system, we have no direct control on it. If it stops working somehow, we'll look into it and report you with the proper reason but it may take some time as we have no control on their company's policies.
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All the charges for 3rd party API will be separately chargeable to the client.
Payment Terms:
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Payable by the 1st of every month. We strongly recommend our clients to have a direct debit set-up for the same.
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An administrative fee of Rs. 1500 will be charged to the client's account for any late payments or declined credit card charges.
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There are absolutely no refunds for any fees related to the digital marketing/strategy package.
Termination:
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All digital marketing/strategy packages are for a minimum of 6 months period. Thereafter, cancel anytime with a clear one-month email notice.
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Eracew reserves the right to terminate at any time with written notice to the Client.
Annual Maintenance Terms
Basic Annual Maintenance Package Terms:
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All maintenance packages are for a minimum of 12 months period.
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Maintenance packages are billed annually, however are paid monthly via direct debit on the 1st of every month.
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Packages may include 12 months basic website hosting, email hosting and DNS hosting. Packages are designed to serve website maintenance tasks only. The hours may not be used for projects such as full redesign or major functionality add-ons.
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Does not include any Digital Strategy, Business Analysis, Solution Architect, SEO and Digital Marketing work.
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Work-hours are tracked in 15-minute blocks. The support time is used once every month to take a full backup of your website. After that, we work on updating your CMS and plugin versions along with any website fixes that may arise as a result of the updates. Any remaining hours can be used to make changes to the website. Any additional work hours are requested for your approval.
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Eracew employs a fair use policy, which means that although we don’t formally transfer over any unused time to the next month or formally accumulate unused man-hours, we do understand that your needs may change from month to month, and we allow flexibility in good faith sometimes.
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Any extra hours used will be billed separately @ ₹4000/hour incl GST.
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Support requests need to be sent via email to wecare@eracew.com
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Any urgent tasks will be charged separately.
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The package is auto-renewed every year on its anniversary date.
Payment Terms:
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Monthly maintenance package fees require credit card payment only. No other forms of payment will be accepted for monthly maintenance.
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Monthly maintenance package fees will be charged to the client's credit card on file on the 1st day of every month.
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An administrative fee of Rs. ₹4000 will be charged to the client's account for any late payments or declined credit card charges.
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More than three missed payments in a year may attract termination of the package and the client will need to pay immediately the entire remaining amount on the package.
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There are absolutely no refunds for any fees related to the monthly maintenance package.
Termination:
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In case Clients need to cancel the auto-annual renewal, please inform us in writing (email) at least one month prior to the renewal date.
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Ongoing term: For any reason if the Client decides to terminate an on-going maintenance package then they will need to pay the balance amount of the remaining months.
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Eracew reserves the right to terminate annual maintenance at any time with written notice to the Client.
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