Terms of Usage of Service
Last updated on 15th Jan, 2020
ACCESS TO THE SITE AND SERVICES
By accessing, browsing, and using the Site and its Services ("Services"), you ("you" or the "User" or the "Client") accept, without limitation or qualification, these TERMS AND CONDITIONS. If you do not wish to be bound by these TERMS AND CONDITIONS, you should not access the Site and its Services. By using the Services or the Site, you represent and warrant that you are 18 (eighteen) years of age or older and that you accept and agree to abide by all of the terms and conditions of this Agreement. The Site may, without notice to the User, add additional features or change or eliminate features or Services, change nomenclature, and make other changes at any time, which will be subject to these TERMS AND CONDITIONS.
COPYRIGHT
You acknowledge that the Site, its Services, any underlying technology used in connection therewith, and all software, material, information, communications, text, graphics, links, electronic art, animations, audio, video, photos, and other data (collectively, the "Content") available within the Site are protected by Indian Copyright and Trademark laws. Except as expressly authorized by Fantastech Solutions or any relevant third parties, or as may be posted on the Site, the User may not copy, reproduce, publish, distribute, modify, create derivative works of, rent, lease, sell, transfer, display, transmit, compile or collect in a database, or may not store any of the Content or the Service owned by or licensed to Fantastech Solutions in any form, whether archival files, computer-readable files, or via any other medium. The User also may not "mirror" or reverse engineer any Content or the Services on any other server.
DISCLAIMER OF WARRANTY
The User agrees that, except as otherwise might be explicitly provided herein, access to the site, and use of the Services is at the User's own risk. Neither Fantastech Solutions nor its directors, employees, affiliates, or agents warrant that the Service may be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of the Services or as to the accuracy, reliability, suitability, or content of the Service. All other Services are provided on an "as is", "as available" basis without representations or warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose or audience, an non-infringement. In no event will Fantastech Solutions or its directors, employees, affiliates, or agents be liable to the User or any third party for any incidental, indirect, special, or consequential damages (even if Fantastech Solutions has been advised of the possibility of such damages), arising out of the User's use of or inability to access the site, or to use any other Services, including, without limitation, loss of revenue or anticipated profits, loss of goodwill, lost business, lost data, computer failure or malfunction, or any and all other damages or losses that result from mistakes, omissions, interruptions, deletions of files, error, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not limited to acts of god, communications failure, theft, destruction, or unauthorized access to Fantastech Solutions's records, files, programs, or Services. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such regions Fantastech Solutions's liability is limited to the greatest permitted by law, not to exceed the amount paid for the Services.
INDEMNIFICATION
The User agrees to indemnify and hold Fantastech Solutions and its directors, employees, affiliates, partners and agents, harmless from any claims or demands, including reasonable attorneys' fees, made by any third party due to or arising out of information submitted by, posted to, emailed, or otherwise transmitted by the User through the Services, your use of the Services, your connection to the Services, or your breach of the TERMS AND CONDITIONS.
SCOPE OF WORK
The User will be provided with a detailed proposal outlining all project functionality, pricing, and timeline associated with their project at the commencement of each project.
If any new files, designs, materials, functionality, or specifications are introduced after the commencement of each project, they will be quoted for separately. The only files, designs, materials, functionality, and specifications included in the total project cost are those which are detailed and outlined in the project proposal.
Fantastech Solutions reserves the right to amend the pricing for any changes or additions to the project subsequent to their commencement of the project. Fantastech Solutions also reserves the right to revise the quote or refuse to work on a project and issue a refund in case an actual scope of work required for the project completion substantially exceeds or exceeds at all the price listed in the project proposal.
Expedited delivery service is sometimes available for extra charge depending on availability.
DELIVERY TIMELINES
Your project will commerce within 2 business days of Fantastech Solutions receiving payment unless otherwise specified by Fantastech Solutions and will follow the delivery schedule outlined in each project proposal. An estimated project timeline is provided in each project proposal.
Any delay in receiving required materials, feedback, or information from the client may cause delays in the estimated timeline and extend this timeline.
ACCEPTANCE
Default acceptance criteria are applicable to all projects and all project milestones. A delivery is considered accepted if:
- the Client approves a delivery via email or any other communication channel in written or
- the Client does not send any feedback/change request within 14 days of completion of project/milestone.
- the Client has requested Fantastech Solutions to proceed with the next project milestone. A project milestone could be any one of the milestones mentioned in proposal.
FIXES / UPDATES AND POST-DELIVER SUPPORT
Fantastech Solutions provides all fixes for items within the original project scope (if any) for free until the project is accepted according to the "ACCEPTANCE" paragraph. A minimum of 1 week to a maximum of 1 month CLIENT REVIEW PERIOD is allotted to the Client in each project proposal (according to project size) to report the issues/updates/changes on the website, starting from day of delivery of the project.
Paid updates / changes are available upon request and payment for these is due upfront.
Some fixes may be deemed unfixable due to factors outside of Fantastech Solutions's control, caused by limitations in technology and / or software. Fantastech Solutions will advise an alternate solutions in the event that a requested fix is deemed unfixable. Some alternate solutions may require an added charge to be implemented. Fantastech Solutions will exhaust non-paid options prior to suggesting paid ones.
REFUND POLICY
A full refund will be considered based on the following reasons:
- the Client's order cannot be completed,
- the Client's request to cancel the order is received before the development is started
A partial refund will be considered based on the following reasons:
- the Client is not reasonably and legitimately satisfied with the quality of the code or Services and provides a comprehensive proof / explanation of the matter,
- the Client is not satisfied with the resulting product upon a review on our test server and provides a comprehensive proof / explanation of the matter. A refund may be issued upon the confirmation of the both parties, and upon the clearance of all details related to the refund.
If the order is completed according to the specifications of the Client, some minor errors should be deemed acceptable and cannot be a reason for full refund. These are covered in the FIXES / UPDATES AND POST-DELIVERY SUPPORT clause above.
Errors, delays or issues with the resulting product caused by the Client not providing Fantastech Solutions with materials or information needed to successfully complete the project cannot be a reason for a full or partial refund.
If a refund is requested due to the Client not being satisfied with the resulting product upon a review on Fantastech Solutions's test server, and the Client provides comprehensive proof / explanation, Client must provide Fantastech Solutions the opportunity to correct any errors or issues in quality causing the lack of satisfaction. If after such reasonable efforts the Client is still not satisfied, then the partial or full refund process may take effect as described in the full and partial refund terms stated above.
CANCELLATION
Whether due to a conflict, unexpected happening of life or any other reason, either party in this agreement may cancel the project at any time.
In the event of the Client cancelling the project, Client must pay Service Provider for any work completed up to the point of cancellation. Service Provider will refund Client for any work paid for and not yet completed. This refund and / or payment must take place no later than 7 business days after the cancellation request is received by Service Provider.
Should Service Provider cancel a project, Service Provider will fully refund Client unless Client requests work completed up to the point of cancellation. In this event, Service Provider will provide Client with said completed work and refund Client for any incomplete work or bill Client for any work completed but not yet pid for.
In case of Client being unresponsive for more than 3 weeks after any milestone, a notice period of 2 weeks is to be given to the Client to respond. In case of not receiving a response from Client after these 5 weeks, the project is deemed as Cancelled and Service Provider has no obligation to provide any refund.
In case of delay in payment from Client by over 45 days from the due date for any milestone, Service Provider can cancel the project and reserve full access to the site with no obligation to provide any refund for previous payments.
In the event of cancellation by Client or Service Provider, work is deemed completed successfully as is and fixes / post-delivery support are forfeited.
PAYMENT TERMS AND MILESTONES
Payment for these Services will be to Fantastech Solutions that is split into 3 payment milestones:
Milestone 1: 40% of total project cost per each project to be paid as upfront payment before the commencement of each project. An invoice will be sent to the Client for this amount, which will be different for each project. Client understands that work may not begin until this deposit is received.
Milestone 2: 40% of total project cost to be paid after we complete the development and testing on our end. This includes full development of the project including design conversion, functionalities and integrations. We put the website created on our demo server and share link to the Client to check. The Client will be invoiced by Fantastech Solutions, due immediately, either after the demo link is shared with Client or on the delivery date decided during the start of project, whichever is earlier.
Milestone 3: 20% of remaining project cost to be paid by Client after ACCEPTANCE of work submitted. Fantastech Solutions will give Client chance to review site and send feedback and revisions, if any, after Milestone 2 is paid. Fantastech Solutions is responsible for making fixes and updates according to the FIXES / UPDATES AND POST-DELIVERY SUPPORT clause. After Client accepts the work or on final day of CLIENT REVIEW PERIOD, whichever earlier, the Client will be invoiced by Fantastech Solutions for this amount which is due immediately.
After receiving the final payment in Milestone 3, files will either be delivered via the Client Portal or email to Client by Fantastech Solutions, or if needed, Fantastech Solutions can upload said approved files to the server of the Client's choosing. One such transfer, to a server with standard configuration, is provided with the cost of the project. Any future transfers, or transfers to servers that require configuration over 1 hour, will be billed on an as-needed basis and Client will be invoiced with payment due prior to said transfer.
If the client does not send any feedback/change request within CLIENT REVIEW PERIOD, the project will be deemed successfully completed and any outstanding balances will be due immediately (Client will be invoiced).
If the scope of the project expands throughout the course of the project, payment terms may be renegotiated at the request of Fantastech Solutions. Fantastech Solutions may refuse to incorporate out of scope work if payment terms favorable to Fantastech Solutions cannot be agreed upon.
CONTENT AND TERMS AND CONDITIONS
Fantastech Solutions reserves the right to refuse to work on any project, without the need for providing justification therefore. Fantastech Solutions will not provide Service for any project or potential client for content which is offensive, illegal or which contains illicit or infringing material.
The Client is fully responsible for the provision, exploitation, maintenance and use of all content, provided by him or her, including, but not limited to, issues related to:
- correspondence of the Client's content to provisions of laws about copyright protection of all applicable jurisdictions;
- any claims, related to the content;
- immediate reaction for notices to the Client (or affiliated persons) by any person, claiming that Client's content is infringing the rights of such person.
The Client shall indemnify and hold Fantastech Solutions, its affiliates, subsidiaries and related companies harmless from any losses, claims, obligations or other liabilities related to or arising out of the foregoing.
LOCAL LAWS; EXPORT CONTROL
Fantastech Solutions controls and operates the Site from its headquarters in India and makes no representation that the Content is appropriate or available for use in other locations. If the User uses the Site and its Services from other locations, the User is responsible for compliance with applicable local laws, including, but not limited to, export and import regulations of other countries. Fantastech Solutions also disclaims responsibility for any User attempting to do business accessing the Site, the User agrees to the above stated TERMS AND CONDITIONS. This Agreement is entered into in the state of Maharashtra and shall be construed in accordance with the laws of the state of Maharashtra, exclusive of its choice of law rules. Each party to this TERMS AND CONDITIONS submits to the exclusive jurisdiction of the state and federal courts having jurisdiction in the Maharashtra, Pune, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce these TERMS AND CONDITIONS, the prevailing party will be entitled to costs and attorneys' fees. In the vent that any provisions of these TERMS AND CONDITIONS are held to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these TERMS AND CONDITIONS shall otherwise remain in full force and effect. These TERMS AND CONDITIONS and any posted guidelines or rules applicable to the Site and Services subject to this Agreement constitutes the entire understanding between the parties pertaining to the subject matter hereof, and any prior written or oral agreements between the parties are expressly canceled.