| 1. |
Acceptance of Terms |
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Your access to and use of Elite Infoway website ("the Website") is subject exclusively to these terms and conditions. You will not use the website for any purpose that is unlawful or prohibited by these terms and conditions. If you do not accept these terms and conditions you must immediately stop using the website else it will be termed as your acceptance. |
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| 2. |
General |
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Elite Infoway will carry out work only where a written purchase order is provided by mail/fax/any communication media. |
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| 3. |
Changes to Website |
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Elite Infoway reserves the right to: |
| 3.1 |
Change or remove (temporarily or permanently) the website or any part of it without notice. Elite Infoway shall not be liable to you for any such change or removal. |
| 3.2 |
Change these terms and conditions at any time, and your continued use of the website following any changes shall be deemed to be your acceptance of such change. |
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| 4. |
Website Design |
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Though every effort will be made to ensure that the website and any work done by us is free of errors but Elite Infoway cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it. The web server, website, graphics and any programming code remain the property of Elite Infoway until all outstanding accounts are paid in full. Any work done (unless specifically agreed) by Elite Infoway remain the copyright of Elite Infoway and may only be commercially reproduced or resold with the permission of Elite Infoway. |
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Elite Infoway cannot take responsibility for any copyright infringements caused by materials submitted by the client. |
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Any additions to the brief will be carried out at the discretion of Elite Infoway and where no charge is made by Elite Infoway for such additions, Elite Infoway accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions. |
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Elite Infoway will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents. |
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Elite Infoway will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents. |
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| 5. |
Database, Application and E-Commerce Development |
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Elite Infoway cannot take responsibility for any losses incurred by the use of any software created for the client. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use. |
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Where applications or sites are developed on servers not provided by Elite Infoway, the client is expected to provide or seek any information, additional software, support or co-operation pertaining to the server required in order for the application to be correctly developed. Where large applications are to be developed, it is the client's responsibility to provide a suitable testing environment which is identical to the final production environment. |
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The client is expected to test fully any application or programming relating to a site developed by Elite Infoway before being made generally available for use. Where "bugs", errors or other issues are found after the site is live, Elite Infoway will endeavor (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief. |
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| 6. |
Website Hosting |
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Whilst Elite Infoway offers hosting of websites, no guarantees can be made as to the availability or interruption of this service by Elite Infoway cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service. |
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Elite Infoway reserves the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial. Fees relating to web hosting or domain names must be paid prior to the expiration date of the said service. If the fees remain unpaid at the time of expiration, Elite Infoway can cancel the said service and not liable for any data lost as a result of the cancellation. |
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| 7. |
Copyright |
| 7.1 |
All copyright, trade marks and all other intellectual property rights in the website and its content (including without limitation the website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to Elite Infoway or otherwise used by Elite Infoway as permitted by law. |
| 7.2 |
In accessing the website you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the website for personal, non-commercial home use only. |
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| 8. |
Disclaimers and Limitation of Liability |
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YOU AGREE THAT YOUR USE OF OUR SERVICE(S) OR OUR LICENSORS' SERVICES IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT ALL OF SUCH SERVICES ARE PROVIDED ON AN "AS IS," AND "AS AVAILABLE" BASIS, EXCEPT AS OTHERWISE NOTED IN THIS AGREEMENT. WE AND OUR LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER ELITE NOR OUR LICENSORS MAKE ANY WARRANTY THAT SERVICE(S) LICENSED HEREUNDER WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE(S) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO WE OR OUR LICENSORS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE(S) OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH OUR SERVICES. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. WE MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH ANY OF OUR SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH SUCH SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OUR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN, YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. WE ARE NOT RESPONSIBLE FOR AND SHALL HAVE NO LIABILITY WITH RESPECT TO ANY PRODUCTS AND/OR SERVICES PURCHASED BY YOU FROM A THIRD PARTY. |
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| 9. |
Modifications to Agreement |
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Except as otherwise provided in this Agreement, you agree, during the term of this Agreement, that we may: (1) revise the terms and conditions of this Agreement; and/or (2) change part of the services provided under this Agreement at any time. Any such revision or change will be binding and effective 30 days after posting of the revised Agreement or change to the service(s) on Elite Web sites, or upon notification to you by e-mail. You agree to periodically review our Web sites, including the current version of this Agreement available on our Web sites, to be aware of any such revisions. If you do not agree with any revision to the Agreement, you may terminate this Agreement at any time by providing us with notice. Notice of your termination will be effective on receipt and processing by us. Any fees paid by you if you terminate your Agreement with us are nonrefundable, except as expressly noted otherwise in one or more of the Schedules to this Agreement, but you will not incur any additional fees. By continuing to use Elite services after any revision to this Agreement or change in service(s), you agree to abide by and be bound by any such revisions or changes. We are not bound by nor should you rely on any representation by (i) any agent, representative or employee of any third party that you may use to apply for our services; or in (ii) information posted on our Web site of a general informational nature. No employee, contractor, agent or representative of Elite is authorized to alter or amend the terms and conditions of this Agreement. |
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| 10. |
Severance |
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You agree that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, in whole or in part, that term or provision will not affect the remainder of this Agreement; this Agreement will be deemed amended to the extent necessary to make this Agreement enforceable, valid and, to the maximum extent possible consistent with applicable law, consistent with the original intentions of the parties; and the remaining terms and provisions will remain in full force and effect. |
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| 11. |
Payment Terms |
| 11.1 |
After final acceptance of software/application by client, addition or modification, even under pre-defined contract; will be chargeable. |
| 11.2 |
Elite’s hourly charges for the Client’s software/application development include time spent on activities such as research, design, development, enhancements, server-setup, recurring changes, meetings and travel. |
| 11.3 |
If any hourly job is cancelled by the client after commencement, Elite will charge for all hours up to that point in time. |
| 11.4 |
The projected hourly charges to develop and host the Client’s software are only an estimate. Actual charges may vary, depending upon, for example, submitted materials by client, graphics work, additional work requests, number of hypertext links, and the complexity of the software. |
| 11.5 |
Phenomenon Consulting Charges are applicable if client conducts only data-structure design of software – like interface planning, user planning and database planning, and not accomplish whole project from us. |
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| 12. |
Governing Law |
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These terms and conditions shall be governed by and construed in accordance with the law of India and you hereby submit to the exclusive jurisdiction of the Indian courts. |
