Acceptance of Terms
Your access to and use of ACT Web Space 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.
Changes to Website
ACT Web Space reserves the right to Change or remove (temporarily or permanently) the website or any part of it without notice. ACT Web Space shall not be liable to you for any such change or removal. 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.
Though every effort will be made to ensure that the website and any work done by us is free of errors but ACT Web Space 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 ACT Web Space until all outstanding accounts are paid in full. Any work done (unless specifically agreed) by ACT Web Space remain the copyright of ACT Web Space and may only be commercially reproduced or resold with the permission of ACT Web Space.
ACT Web Space cannot take responsibility for any copyright infringements caused by materials submitted by the client.
Any additions to the brief will be carried out at the discretion of ACT Web Space and where no charge is made by ACT Web Space for such additions, ACT Web Space 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.
ACT Web Space 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.
ACT Web Space 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.
Database, Application and E-Commerce Development
ACT Web Space 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.
Where applications or sites are developed on servers not provided by ACT Web Space, 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.
The client is expected to test fully any application or programming relating to a site developed by ACT Web Space before being made generally available for use. Where “bugs”, errors or other issues are found after the site is live, ACT Web Space will endeavor (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief.
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 ACT Web Space or otherwise used by ACT Web Space as permitted by law.
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.
Disclaimers and Limitation of Liability
ACT Web Space may update these terms of utilization for its website whenever without notification. By utilizing this site you are consenting to be bound by the then current form of these Terms and Conditions of Use.
ACT Web Space makes no warranty that the functionality of the website will be uninterrupted or error free, that defects will be corrected or that the website or the server that makes it available are free of viruses or anything else which may be harmful or destructive
If any of these terms and conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such term or condition shall be severed and the remaining terms and conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
Payment of Accounts
A deposit may be required from a new client before any work is carried out. In all cases, website hosting fees and any costs incurred by ACT Web Space on behalf of the client are payable in advance and are non-refundable.
It is the ACT Web Space policy that any outstanding accounts for work carried out by ACT Web Space or its affiliates are required to be paid in full, no later than 30 days from the date of the invoice unless by prior arrangement with ACT Web Space. If accounts are not settled or ACT Web Space has not been contacted regarding the delay, access to the related website may be denied. 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, we will with immediate effect, cancel said service and any data held by said service will be removed.
• 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.
• By accepting a quote, you agree to and accept the terms and conditions of VFIX TECHNOLOGY LLP (ACT Web Space). Acceptance can be verbal, by email, payment of Initiation, signing a quote.
• 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 VFIX TECHNOLOGY LLP (Act Web Space).
• 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 analysed on a case-by-case basis.
• VFIX TECHNOLOGY LLP (Act Web Space)
will make every effort to complete the project/changes in the given timeframe. Reasonable delays are accepted if functionalities are redefined or modified.
• Any delays at client’s end, may delay the project and proposed timeframes and may incur additional costs.
• Any bugs (programming errors) reported during or just after 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 VFIX TECHNOLOGY LLP (Act Web Space) 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 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 reasonable timeframe.
• Our websites/applications are generally tested on PCs and include near recent versions of following browsers: Firefox, Chrome. If you require testing to be done on any other browser, please let us know in advance.
• If your website/application is not hosted on a VFIX TECHNOLOGY LLP (Act Web Space), 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 $99/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.
• VFIX TECHNOLOGY LLP (Act Web Space) software codes (not including open source software) are copyrights of VFIX TECHNOLOGY LLP (Act Web Space). 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, the codes will be allowed to be used for re-selling or duplication purposes.
• 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 VFIX TECHNOLOGY LLP (Act Web Space) does its best in recognising 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.
• VFIX TECHNOLOGY LLP (Act Web Space) takes no responsibility of any open source products such as WordPress, Open Source carts, Joomla etc. It is clients responsibility to update all components and third party softwares. We suggest you to take regular back-ups to avoid any disruptions.
• VFIX TECHNOLOGY LLP (Act Web Space) offer packages in co-ordination with third party providers. Changes to the third party provider’s rules and policies may ultimately effect the services we provide or the terms and conditions herein.
• 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.
• Hosting charges are not included in the quotations unless mentioned otherwise. VFIX TECHNOLOGY LLP (Act Web Space) can organise an appropriate hosting solution if required, a quote for which will be submitted separately and approved by the client. Where clients decide to organise their own hosting, we should be consulted before finalising 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. VFIX TECHNOLOGY LLP (Act Web Space) will not be liable for any delays or errors caused by direct or indirect actions of the hosting company.
• VFIX TECHNOLOGY LLP (Act Web Space) generally builds and tests the websites/applications on our own servers or hosted domains. We 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.
• All communications/correspondences are generally done via emails. It is client’s responsibility to keep us updated with their relevant email addresses.
Disputes, Liability and Indemnity
In an event of a dispute, VFIX TECHNOLOGY LLP (Act Web Space) reserves the right to charge the client in full for the work done as well as for the resources spent in managing the dispute. In such an event, Synapse Worldwide reserves the right to charge the client without honoring any discounts that were previously honored in good faith. Under no circumstances will VFIX TECHNOLOGY LLP (Act Web Space) be liable for any damages arising from misrepresentation or misinformation.
VFIX TECHNOLOGY LLP (Act Web Space) reserves the right to refuse service to any client, if these are not aligned with our business operating principles and policies.
VFIX TECHNOLOGY LLP (Act Web Space) provides its services as is, without any guarantees on security or other issues leading to loss of data, sale or reputation. We ensure to the best of our ability that our systems and servers are protected from hackers, viruses, intruders and other online and offline problems, however we will not be held liable for any disruption of services if such situation arises.
Relationship of VFIX TECHNOLOGY LLP (Act Web Space) with its suppliers, partners and sub-contractors is of an independent nature. None of the parties have any power, right or authority to interfere or bind the other or assume or create any obligation or responsibility, whether expressed or implied, on behalf of the other or in the other’s name.
Client will indemnify and hold VFIX TECHNOLOGY LLP (Act Web Space), its licensors, content providers, service providers, employees, agents, officers, directors, contractors and sub-contractors (the “Indemnified Parties”) harmless from your breach of any of these Terms And Conditions or any other terms, conditions, policies or procedures herein, including, without limitation, any use of content other than as expressly authorized in these Terms and Conditions. Client agrees that the indemnified parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify and hold harmless the Indemnified Parties from any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information obtained from VFIX TECHNOLOGY LLP (Act Web Space).
VFIX TECHNOLOGY LLP (Act Web Space) will not be liable for any breach of the agreement which is caused by a matter beyond its reasonable control including but not limited to Act of God, fire, lightning, explosion, war, disorder, flood, earth quake, industrial disputes (whether or not involving their employees), extremely severe weather, or acts of local or central government or other competent authorities.
ACT Web Space offers hosting of websites, no guarantees can be made as to the availability or interruption of this service by ACT Web Space cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service.
ACT Web Space 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, ACT Web Space can cancel the said service and not liable for any data lost as a result of the cancellation.
Hosting is an annual charge which must be paid in advance for the whole year. Except if the client is under one of our Maintenance packages.
It is the client’s responsibility to renew the hosting in time ie. before the expiry date. Failure to renew in time can lead to loss of files, data, emails, backups etc. All unpaid hostings are disabled or deleted from the server.
All renewals must be paid by seven working days prior to the expiry date. Synapse will not be responsible for issues relating to delayed payment.
Hosting are on shared and non-shared servers hosted via third party providers. VFIX TECHNOLOGY LLP (ACT Web Space) ensures best to our ability that our systems and servers are protected from hackers, viruses, intruders and other online and offline problems, however we will not be held liable for any disruption of services if such situation arises.
Client is solely responsible for the content stored on and served by the hosting service purchased and the activity of any scripts or email services created under the hosting service. The Customer must maintain the security of all account passwords and applications or scripts and ensure all scripts under the hosting service are free from malicious content that may harm any part of the Server, other client accounts hosted, or the external systems of visitors viewing the hosted content.
Incase of a malware attack, VFIX TECHNOLOGY LLP (ACT Web Space) reserves the right to delete files on the hosting service without giving any prior notice.
Hosting Cancellation requests must be sent in writing or by email one month prior to the expiry of the same. Once the hosting has been renewed, it cannot be cancelled and must be paid for the full year.
If the hosting is not paid and renewed before the expiry date. We reserve the right to disable the hosting and all associated services including emails and dns records. Additional charges will be applicable to re-enable the hosting. VFIX TECHNOLOGY LLP (ACT Web Space) will not be responsible for any loss of data, files, emails, backups, restoration costs etc.
If a hosting has been cancelled / disabled then all files, emails, databases and backups will be deleted from the server without any notification to the client.
All emails are to be downloaded on the client’s computer periodically. Email boxes must be kept within their quota limits. Periodical maintenance may be carried out on the email box and emails older than 6 months are deleted.
Client’s must not use the email hosting for inappropriate content and other undesired emails which can result in spamming or infecting the server. Under such circumstances, immediate action will be taken and the required files and data will be deleted without any prior notice.
VFIX TECHNOLOGY LLP (ACT Web Space) offer packages in co-ordination with third party providers. Changes to the third party provider’s rules and policies may ultimately effect the services we provide or the terms and conditions herein.