Terms And Conditions
Last updated: June 21, 2021
Content shall be provided by client. Here content refers to all the textual and image information present in the website ( unless Explicitly specified in proposal) . Excelohunt is responsible for designing (in case of custom website development , as mentioned in quotation) and development of the website for client. In case customer requires content ,as well, to be framed by excelohunt,client must excplicitly request charges in quotation sent by Excelohunt from its official mail id ( as declared by excelohunt) on client’s mail id.
In case of an E-commerce website, its responsibility of client to upload products with its information into the website. Excelohunt will provide necessary one time free training to client for helping him to understand the procedure to upload product and product related information to website. After providing admin panel to client , if client somehow interferes with the technical structure of the website, correcting same by excelohunt will be considered as change request.
In case , customer have decided to go for a particular theme, once the theme has been purchased and excelohunt have started customizing it , any additional request to re-install another theme will be considered as change request.
In case of “1 year free support” as guaranteed by excelohunt , excelohunt will provide 180 hours of free support to client.
If customer want to extend the support, customer shall request AMC quotation from Excelohunt or shall request for separate quotation for support.
The scope of work shall be described by Quotation document . Anything additional to the document will be a change request.
Every change request is eligible for separate billing.
After the client confirms the completion of website , its responsibility of client to clear dues(if any ) to Excelohunt .Accounts not paid within terms as mentioned in proposal are subject to a 6% monthly finance charge or maximum late fees as subjected by the state law.
Change in project scope
If Client wishes to implement major revisions after Client has already accepted Developer’s work product following completion of any stage of development, Client shall submit to Developer a written proposal specifying the desired changes. Developer will evaluate each such proposal at its standard rates and charges. Developer shall submit to Client a written response to each such proposal within agreed time following receipt. Developer’s written response shall include a statement of the availability of Developer’s personnel and resources, as well as any impact the proposed changes will have on the contract price, delivery dates, or warranty provisions of this Agreement. Client shall have ten business days from receipt of Developer’s response to its proposal to accept or reject it in writing. If Client accepts Developer’s response, Developer shall draft a written Contract Amendment Agreement to reflect the desired changes and acknowledge any effect of such changes on the provisions of this Agreement. Developer shall commence work on the desired changes once the Contract Amendment Agreement is signed by authorized representatives of Client and Developer. Should Client reject Developer’s response to its proposal, Client will so notify Developer within ten working days of Client’s receipt of the response. Developer will not be obligated to perform any services beyond those called for in this original Agreement.
Delays
Developer shall use all reasonable efforts to meet the delivery schedule set. However, at its option, Developer can extend the due date for any deliverable by giving written notice to Client. Any delay or non-performance of any provision of this Agreement caused by conditions beyond the reasonable control of the performing party shall not constitute a breach of this Agreement, provided that the delayed party has taken reasonable measures to notify the other of the delay in writing. The delayed party’s time for performance shall be deemed to be extended for a period equal to the duration of the conditions beyond its control. Conditions beyond a party’s reasonable control include, but are not limited to, natural disasters, acts of government after the date of the Agreement, power failure, fire, flood, acts of God, labor disputes, riots, acts of war or terrorism, and epidemics. Failure of subcontractors and inability to obtain materials/APIs shall not be considered a condition beyond a party’s reasonable control.
If client have ordered services from Excelohunt, client will have to pay quoted amount in case of failure/change in business plan of client. Client is directed in one to one related with Excelohunt for the services it receives from Excelohunt.
Website operations
Excelohunt is responsible only for development of the website. Excelohunt provides maintenance services as well, if specified explicitly in quotation. We are not responsible for day-to-day operations of the website like adding new products, check-in orders and other business activities of the website. Addition of any new content is chargeable once final delivery mail is sent to client.
Changes in terms
Excelohunt holds right to make changes in the agreement without prior notice to any of its past/present and/or prospects.
Validation time of quotation
Excelohunt performs its task with limited but sufficient resources to take client’s requirements. After client have received the quotation from Excelohunt, Excelohunt will try to maintain bandwidth for the same price in next 3 days at max. This is because we do not take any other projects to ensure commitment to your proposal. In case client requires more, its duty of client to extend this time frame by mutual discussion with Excelohunt.
Project terms
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 understanding via WhatsApp chat, phone call, written email if you are unable to grasp or need any amendments. The amendments need to be re-requested from Excelohunt.
Excelohunt employees including directors have their own personal lives and we hereby believe to give 100% at work when in office and 100% at home when with family. Following the same principle no clients will be entertained after office hours i.e Mon-Friday, 11am – 7 pm and on holidays declared by Excelohunt (public holidays or any other holiday as per Excelohunt’s policies). Excelohunt holds no obligations to work during off times. However, we understand critical conditions and will do our best in case of an emergency as per availability of Excelohunt’s staff.
By accepting a quote, you agree to and accept the terms and conditions of Excelohunt infotech private limited Ltd. Acceptance can be verbal, by email, payment of Initiation, signing a quote.
Unless agreed otherwise with the Client, all website design services require an advance payment of a minimum of fifty (50) percent of the project quotation total before beginning of the project. The remaining fifty (50) percent of the project quotation total due upon completion of the work, prior to upload to the live server or release of materials or as specified by Excelohunt’s quotation.
Clients to 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 clarify every aspect of your website development and ensure that you have been quoted on the right requirements.
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 Excelohunt.
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 by Excelohunt.
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 by Excelohunt.
Any delays at client’s end in response loop for which Excelohunt is dependent on client, may delay the project and proposed timeframes and may incur additional costs.
Any bugs (programming errors) reported during or just after(within 5 days of delivery, or as mentioned in quotation) the development does not attract additional charges.
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.
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 Excelohunt be liable for any delays caused by change in the project brief.
Website/application content and all related materials need to be provided to us before starting the project. Any delays thereafter may delay the project and may incur additional charges if it goes beyond reasonable timeframe as per Excelohunt’s internal policies.
Our websites/applications are generally tested on PCs and include near recent versions of following browsers: IE, Firefox, Chrome & Safari. If you require testing to be done on any other browser, please let us know in advance. Excelohunt cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website have been designed and handed over to the Client. As such, Excelohunt reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.
Responsive/multi-device compatible web pages are tested on Android phones. If you require testing to be done on any other device, please discuss it in advance.
If your website/application is not hosted on a Excelohunt 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.
Please note that at any stage during the project, stalling of the project for over two calendar months will incur INR 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.
Please note that at any stage during the project, stalling of the project for over two calendar months will incur INR 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.
Excelohunt owns copyrights of all codes written for any client, unless arrangements are made prior to start of the project in writing.
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. Hosting on AWS, google cloud and other servers that requires additional set up will attract additional cost and should be clarified at the time on Quotation by client.
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 Excelohunt 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. If documents are required by third party, which Excelohunt was not able to foresee and are not available with client to complete the process, Excelohunt will hold no liability towards client to fulfill the criteria on behalf of client.
Excelohunt takes no responsibility of any open source products such as WordPress, Open Source carts,Fleetcart, Joomla etc. It is client’s responsibility to update all components and third party software. We suggest you to take regular back-ups to avoid any disruptions.
Excelohunt offers packages in co-ordination 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. Updation in those terms and conditions are not notified to Excelohunt most of the time so we can’t take guarantee of third-party services or products.
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.
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.
The Client agrees to delegate a single individual as a primary contact to aid Excelohunt with progressing the commission in a satisfactory and expedient manner.
Payment for services is due by cheque or bank transfer. Cheques should be made payable to Excelohunt infotech private limited and sent to Excelohunt infotech private limited. Bank details will be made available on invoices
Hosting charges are not included in the quotations unless mentioned otherwise. Excelohunt 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. Excelohunt will not be liable for any delays or errors caused by direct or indirect actions of the hosting company.
Excelohunt generally builds and tests the websites/applications on our own servers or hosted domains. Excelohunt 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.
Notwithstanding any other provision in the agreement, in consideration of the Customer entering into this agreement with Excelohunt, upon full payment of any outstanding invoices, Excelohunt 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.
All communications/correspondences are generally done via emails and WhatsApp. It is client’s responsibility to keep us updated with their relevant email addresses and WhatsApp contacts.
Client agrees to reimburse Excelohunt infotech for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography etc.
Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on Excelohunt’s Web space, Excelohunt will, at its discretion, remove all such material from its web space. Excelohunt is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account. Cheques returned for insufficient funds will result in the Client’s account being immediately be considered to be in default until full payment is received. Clients with accounts in default agree to pay Excelohunt reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Excelohunt in enforcing these Terms and Conditions.
Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. Telephone requests for termination of services will not be honored until and unless confirmed in writing. The Client will be invoiced for work completed to the date of first notice of cancellation for payment in full within thirty (30) days.
All Excelohunt services may be used for lawful purposes only. You agree to indemnify and hold Excelohunt harmless from any claims resulting from your use of our service that damages you or any other party.
The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Excelohunt the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting Excelohunt permission and rights for use of the same and agrees to indemnify and hold harmless Excelohunt from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the Client to Excelohunt that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format (ASCII text files delivered on thumb drive, CD or via e-mail or FTP) and that all photographs and other graphics will be provided physically in high quality print suitable for scanning or electronically in .gif, .jpeg, .png or .tiff format. Although every reasonable attempt shall be made by Excelohunt to return to the Client any images or printed material provided for use in creation of the Client’s website, such return cannot be guaranteed.
A link to Excelohunt will appear in either small type or by a small graphic at the bottom of the Client’s website. If a graphic is used, it will be designed to fit in with the overall site design. The Client also agrees that the website developed for the Client may be presented in Excelohunt’s portfolio.
Excelohunt cannot accept responsibility for any alterations caused by a third party occurring to the Client’s pages once delivered to client. If client do not accept project delivery, Client need to reply to the same email within 7 days of delivery to client. Such alterations include, but are not limited to additions, modifications or deletions.
These Terms and Conditions supersede all previous representations, understandings or agreements.
This Agreement shall be governed by Chandigarh, India Law.
Excelohunt hereby excludes itself, its Employees and or Agents from all and any liability from
- Loss or damage caused by any inaccuracy;
- Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site;
- Loss or damage to clients’ artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.
- The entire liability of Excelohunt to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.
In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid.
Any other services on the order that have not been included in the invoice/quotation do not form part of the contract. The Client agrees to check that the details of the invoice are correct and should print and keep a copy for their records. The Developer is liable to withdraw from the contract at any time prior to acceptance.
The Client agrees that the standard development platform as decided by Excelohunt, unless explicitly is an agreeable platform for the development of the website and all acceptance testing will occur only on the standard development platform. The Client further agrees that any requests relating to hardware or software outside the standard development platform will be deemed additional work.