CONDITIONS of USE
1. Authorization.You engaging Mobipride Softwares LLP as an independent contractor for the specific project of developing and/or improving a World Wide website to be installed on the your web space on a web hosting service’s computer/server. You hereby authorizes Mobipride Softwares LLP Services to access all required account, and authorizes the web hosting service to provide Mobipride Softwares LLP Services with “write permission” for the your webpage directory, cgi-bin directory, and any other directories or programs which need to be accessed for your projects.
2. Standard Website Package Elements. Mobipride Softwares LLP Services includes the following elements in their Standard Website Packages: E-mail/phone consultation (Up to 2 hours total general Internet orientation education, marketing strategy, Web design consultation, and helping clients learn to use their own webpage editor. Telephone long distance charges are in addition to package rates quoted. Additional education and consultation is at our hourly rate. Search Engine positioning is available at an additional fee.
3. Maintenance and Hourly Rate. This terms includes minor webpage maintenance to regular webpages over a three-month period, including updating links and making minor changes to a sentence or paragraph. It does not including removing nearly all the text from a page and replacing it with new text. If the client or an agent other than Mobipride Softwares LLP Services attempts updating the client’s pages, time to repair webpages will be assessed at the hourly rate, and is not included as part of the updating time. The three-month maintenance period commences upon the date the client signs contract. Changes requested by the client beyond those limits will be billed at the hourly rate of $50.00. This rate shall also govern additional work authorized beyond the maximums specified above for such services as general Internet orientation education, marketing consulting, webpage design, editing, modifying product pages and databases in an online store, and art, photo, graphics services, and helping clients learn how to use their own webpage editor where applicable. CGI programming / any other programming charges (if any) are not included in this rate. You cannot configure your own advertisement codes or take any other commercial benifits if site is hosted on any of Mobipride servers in case of your application is in development or maintenance mode.
4. Web Hosting. You understand that any web hosting services require a separate contract with a web hosting service. You agree to select a web hosting service which allows Mobipride Softwares LLP Services full access to the website and a cgi-bin directory via FTP and SSH. You further understands that if the web hosting service’s operating system is not a Unix system, standard CGI software may not work, and providing a substitute may incur additional charges.
5. Payment of Fees. Fees to Mobipride Softwares LLP Services are due and payable on the following schedule: 100% Payment is considered as Hosting & Development terms recurring payments. Maintenance cost will be decided and applicable on recurring payments. You cannot transfer the websites unless Mobipride Softwares LLP Takes out all development cost through recurring payments . All payments will be made in US Dollors / Indian Rupees.
6. Assignment of Project. Mobipride Softwares LLP Services reserves the right to assign subcontractors to this project to insure the right fit for the job as well as on-time completion.
7. Legal Stuff. Mobipride Softwares LLP Services does not warrant that the functions contained in these webpages or the Internet website will meet your requirements or that the operation of the webpages will be uninterrupted or error-free after delivery of the project. The entire risk as to the quality and performance of the webpages and website is with you. In no event will Mobipride Softwares LLP Services be liable to your or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate these webpages or website, even if Mobipride Softwares LLP Services has been advised of the possibility of such damages. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
8. Copyrights and Trademarks. You represents to Mobipride Softwares LLP Services and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Mobipride Softwares LLP Services for inclusion in webpages are owned by you, or you have permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend Mobipride Softwares LLP Services and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.
9. Laws Affecting Electronic Commerce. From time to time governments enact laws and levy taxes and tariffs affecting Internet electronic commerce. You agrees that the you are solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend Mobipride Softwares LLP Services and its subcontractors from any claim, suit, penalty, tax, or tariff arising from your exercise of Internet electronic commerce.
10. Copyright to Webpages. Copyright to the finished assembled work of webpages produced by Mobipride Softwares LLP Services is owned by Mobipride Softwares LLP Services. Upon final payment of this contract, you are assigned the rights to use as a website the design, graphics, and text contained in the finished assembled website. Rights to photos, graphics, source code, work-up files, and computer programs are specifically not transferred to you, and remain the property of their respective owners. Mobipride Softwares LLP and its subcontractors retain the right to display graphics and other Web design elements as examples of their work in their respective portfolios.
11. Payment of fees. In order for Mobipride Softwares LLP Services to remain in business, payments must be made promptly. Delinquent bills will be assessed additional 5% charge of total project fees if payment is not received within 5 days of the due date and the development will put on hold unless we listen from you. If an amount remains delinquent 15 days after its due date, an additional 5% penalty will be added for each month of delinquency and development is suspended until you respond us. Mobipride reserves right to reconsider SDLC(Software Development Life Cycle) and development schudule in case of delayed payments/ no response to emails. Mobipride Softwares LLP Services reserves the right to remove webpages from viewing on the Internet until final payment is made. In case collection proves necessary, you agrees to pay all fees incurred by that process. You agrees that for purposes of venue, this contract was entered into Pune, India and any dispute will be litigated or arbitrated in Pune, India.
12. Initial Payment and Refund Policy. The total amount of this contract will be mentioned in agreed quotation (email format) These terms begins with an initial payment mentioned in agreed quotation (email format). If you halt work and applies by registered letter for a refund within 30 days, to Mobipride Softwares LLP Services, work completed shall be billed at the hourly rate stated above, and deducted from the initial payment, the balance of which shall be returned to you. If, at the time of the request for refund, work has been completed beyond the amount covered by the initial payment, you shall be liable to pay for all work completed at the hourly rate stated above. No portion of this initial payment will be refunded unless written application is made within 30 days of signing this contract.
13. At Mobipride,Pvt. Ltd., we always treat our customers with the utmost respect. In return, we expect the same from you. If our staff feels that you are consistently addressing them in a demeaning or rude manner or using abusive words, your account may be suspended and you may be asked to take your business elsewhere. In the event that we terminate service for support abuse, customers will be given ten (10) days notice to find new company. We will issue a refund only for the remaining portion of initially paid service.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Mobipride or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of Mobipride, with copyright authorship for this collection by Mobipride, and protected by international copyright laws.
Mobipride’s trademarks and trade dress may not be used in connection with any product or service that is not Mobipride’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Mobipride. All other trademarks not owned by Mobipride or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Mobipride or its subsidiaries.
REVIEWS, COMMENTS, EMAILS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content: and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Mobipride reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant Mobipride and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Mobipride and its associates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post: that the content is accurate: that use of the content you supply does not violate this policy and will not cause injury to any person or entity: and that you will indemnify Mobipride or its associates for all claims resulting from content you supply.Mobipride has the right but not the obligation to monitor and edit or remove any activity or content.Mobipride takes no responsibility and assumes no liability for any content posted by you or any third party.
Mobipride and its associates attempt to be as accurate as possible. However, Mobipride does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Mobipride itself is not as described, your sole remedy is to return it in unused condition.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THIS SITE IS PROVIDED BY MOBIPRIDE ON AN “AS IS” AND “AS AVAILABLE” BASIS. MOBIPRIDE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MOBIPRIDE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MOBIPRIDE DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM MOBIPRIDE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOBIPRIDE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.