1. STANDARD TERMS AND CONDITIONS
These are the standard terms and conditions for Website Design and Development and apply to all contracts and all work
undertaken by “Swapnil Websites” herein referred to as “Swapnil” for its clients.
2. NON-DISCLOSURE
We (and any subcontractors/ re-sellers we engage) agree that we will not at any time disclose any of your confidential
information to any third party.
3. OUR FEES AND DEPOSITS
A 50% deposit of the total fee payable under our proposal is due immediately upon you instructing us to proceed with the
website design and development work. The remaining 50% shall become due when the work is completed to your reasonable
satisfaction. We reserve the right not to commence any work until the deposit has been paid in full.
The 50% deposit of advance paid is NONrefundable as we book the domain & hosting on customer behalf. (We collect 50% payment after booking the domain & hosting).
4. VARIATIONS
We are pleased to offer you the opportunity to make revisions to the design. However, we have the right to limit the number
of design proposals to a reasonable amount and may charge for additional designs if you make a change to the original design
specification.
Our website development phase is flexible and allows certain variations to the original specification. However any major
deviation from the specification will be charged as per the variations.
Hosting Limitations (Fair usage policy):
Hosting is provided on the blogger platform only for a better experience and uptime. all blogger policies are applicable.
5. PROJECT DELAYS AND CLIENT LIABILITY
Any time frames or estimates that we give are contingent upon your full co-operation and complete and final content in
photography for the work pages. During development, there is a certain amount of feedback required in order to progress to
subsequent phases. It is required that a single point of contact be appointed from your side and be made available on a daily
basis in order to expedite the feedback process.
6. APPROVAL OF WORK
On completion of the work, you will be notified and have the opportunity to review it. You must notify us in writing of any
unsatisfactory points within 3 days of such notification. Any of the work which has not been reported in writing to us as
unsatisfactory within the 3-day review period will be deemed to have been approved. Once approved, or deemed approved, work
cannot subsequently be rejected and the contract will be deemed to have been completed and the 80% balance of the project
price will become due.
7. REJECTED WORK
If you reject any of our work within the 3-day review period, or not approve subsequent work performed by us to remedy any
points recorded as being unsatisfactory, and we, acting reasonably, consider that you have been unreasonable in any rejection
of the work, we can elect to treat this contract as at an end and take measures to recover payment for the completed work.
8. PAYMENT
Upon completion of the 3-day review period, we will invoice you for the 80% balance of the project.
9. LICENSING
Once you have paid us in full for our work we grant you a license to use the website and its related software and contents
for the life of the website provided regular renewal of subscription is done on or before the expiry of the term.
10. DISCLAIMER
To the full extent permitted by law, all terms, conditions, warranties, undertakings, inducements or representations whether
express, implied, statutory or otherwise (other than the express provisions of these terms and conditions) relating in any
way to the services we provide to you are excluded. Without limiting the above, to the extent permitted by law, any liability
of Swapnil Websites under any term, condition, warranty, or representation that by law cannot be excluded is, where permitted by law,
limited at our option to the replacement, re-repair or re-supply of the services or the payment of the cost of the services
that we were contracted to perform.
11. CROSS BROWSER COMPATIBILITY
By using current versions of well supported content management systems such as “Blogspot”, we endeavor to ensure that the
web sites we create are compatible with all current modern web browsers such as the most recent versions of Internet
Explorer, Firefox, Google Chrome and Safari. Third party extensions, where used, may not have the same level of support for
all browsers. Where appropriate we will substitute alternative extensions or implement other solutions, on a best effort
basis, where any incompatibilities are found.
12. SUPPLY OF MATERIALS (CONTENT)
You must supply all materials and information (Copyrighted Content) required by us to complete the work in accordance with
any agreed specification. Such materials may include, but are not limited to, photographs, written copy, logos and other
printed material. If any delay in supplying these materials to us which leads to a delay in the completion of work, we have
the right to extend any previously agreed deadlines by a reasonable amount. Also If any content provided by you breaks the
copyrighted rules as mentioned in the The Copyright (Amendment) Act, 2012; then we would remove the content from website
without any prior notice.
13. WARRANTY BY YOU AS TO OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS
You must obtain all necessary permissions and authorities in respect of the use of all copy, graphic images, registered
company logos, names and trademarks, or any other material that you supply to us to include in your website or web
applications.
You must indemnify us and hold us harmless from any claims or legal actions related to the content of your website.
14. SEARCH ENGINES
We do not guarantee any specific position in search engine results for your website. We perform basic search engine
optimization according to current best practices.
15. CONSEQUENTIAL LOSS
We shall not be liable for any loss or damage which you may suffer which is in any way attributable to any delay in
performance or completion of our contract, however, that delay arises.
16. SUBCONTRACTING
We reserve the right to subcontract any services that we have agreed to perform for you as we see fit.
17. ADDITIONAL EXPENSES
You agree to reimburse us for any requested expenses which do not form part of our proposal including but not limited to the
purchase of templates, third-party software, stock photographs, fonts, domain name registration, web hosting, or comparable
expenses.
18. BACKUPS
You are responsible for maintaining your own backups with respect to your website and we will not be liable for restoring any
client data or client websites except to the extent that such data loss arises out of a negligent act or omission by us.
19. BUSINESS & E-COMMERCE PLAN
You are responsible for complying with all relevant laws relating to e-commerce, and to the full extent permitted by law will
hold harmless, protect, and defend and indemnify Zauca and its subcontractors from any claim, penalty, tax, tariff loss or
damage arising from your or your clients’ use of Internet electronic commerce.
20. OWNERSHIP OF DOMAIN NAMES AND WEB HOSTING (FILES)
We would book the domain name on your behalf and at any point in time you feel to move out for any reason we would do it in a reasonable time and our transfer process is automated, fast, and risk-free, so there’s nothing to
worry about. And that means that moving your domain/ hosting (files) to any other service provider happens mostly in the
background, leaving you with more time to work on your next big thing. Also, the transfer happens, when you have no outstanding dues.
21. GOVERNING LAW
The agreement constituted by these terms and conditions and any proposal will be construed according to and is governed by
the laws of Pune jurisdiction only. You and Swapnil Websites submit to the non-exclusive jurisdiction of the courts in and of
Pune in relation to any dispute arising under these terms and conditions or in relation to any services we perform for
you.
22. Policy updates
Swapnil Websites is permitted to revise these Terms of conditions/ services at any time as it sees fit, the orders taken prior to the update of terms of conditions will also come under new terms of conditions (If you think the changes made will affect your projects, you need to update us within 10 days of terms of conditions being updated). And by using this Website you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing the use of this Website.
All the information on this website - https://swapnil.financemitr.com/ - is published in good faith and for general information purpose only. Swapnil Websites does not make any warranties about the completeness, reliability, and accuracy of this information about third-party services. Any action you take upon the information you find on this website (Swapnil Websites), is strictly at your own risk. Swapnil Websites will not be liable for any losses and/or damages in connection with the use of our website.
From our website, you can visit other websites by following hyperlinks to such external sites. While we strive to provide only quality links to useful and ethical websites, we have no control over the content and nature of these sites. These links to other websites do not imply a recommendation for all the content found on these sites. Site owners and content may change without notice and may occur before we have the opportunity to remove a link that may have gone 'bad.
Please be also aware that when you leave our website, other sites may have different privacy policies and terms that are beyond our control. Please be sure to check the Privacy Policies of these sites as well as their "Terms of Service" before engaging in any business or uploading any information.
If you require any more information or have any questions about our site's disclaimer, please feel free to contact us by email at swapnil.fm@gmail.com
By using our website, you hereby consent to our disclaimer and agree to its terms.
Should we update, amend or make any changes to this document, those changes will be prominently posted here.
Copyright Disclaimer under section 107 of the Copyright Act 1976, allowance is made for “fair use” for purposes such as criticism, comment, news reporting, teaching, scholarship, education, and research.
Fair use is a use permitted by copyright statutes that might otherwise be infringing.
Non-profit, educational, or personal use tips the balance in favor of fair use.
Fair use is a doctrine in the United States copyright law that allows limited use of copyrighted material without requiring permission from the rights holders, such as for commentary, criticism, news reporting, research, teaching, or scholarship. It provides for the legal, non-licensed citation or incorporation of copyrighted material in another author’s work under a four-factor balancing test. The term “fair use” originated in the United States. A similar principle, fair dealing, exists in some other common law jurisdictions. Civil law jurisdictions have other limitations and exceptions to copyright.