terms and conditions
Coldfire Design Studio Pvt. Ltd is hereafter may be used as 'CDS', 'CDS PVT LTD','we' or 'us'.
Data Confidentiality
Company NDA: We ensure very high-level protection of the data received from our clients while executing their orders. We are ready to sign any Data Non-Disclosure Agreement both in this particular form and in any other form they provide.
Employee NDA: Each CDS PVT LTD employee signs with the Company a very strict contract, preventing disclosure of any information.
Project Startup
Once the client has accepted the quote, it will be required that the client will pay:
50% of the total value of the project prior to commencement of any works
30% after project completion
20% after client satisfaction
Final files will be delivered to the client, or deployed on the client’s server/machine only after 100% payment has been received by CDS.
Completion Date
CDS and the client must work together to complete "the project" in a timely manner. We agree to work expeditiously to complete "the project" no later than specified time in the Project Quote after the client has submitted all necessary materials. If the client does not supply us the complete content including text, graphic, etc. for the project within 30 days of the date when quote was sent or contract was signed, the completion date of the project may be postponed and CDS shall not be held liable for the same. Any date proposed either by the client or CDS for the provision of encoding services to be treated as an estimate only and CDS accepts no liability for any failure to meet it.
Project Delivery
"The project" delivery shall be completed upon receipt of the payment associated with delivery. The client understands that web hosting or website maintenance services may require a separate contract. The client will solely be responsible for all other service charges. The client assumes all responsibility for the use and functionality of the project after final delivery and thereafter, we shall not be held liable for any loss or damages caused by the use or misuse, unavailability or removal of services.
Warranty and Product Maintenance
General: CDS guarantees that a product’s final version complies fully with initial client's specifications. Final version is exposed to three stages of testing; therefore the product released to a client is of very high quality.
Cost-free bug fixing: We offer our clients cost-free bug fixing for upto 30 days after release of final product or deploying on the web server. Releasing itself is also coordinated with the client, and is possible only after client ensures, that work is completed, but if client then meets problems during next 30 days, we fix them for free.
Cost-free consultations: After expiration of this period, CDS might provide to a client short cost-free consultations on the project, if it is possible for the company.
Product support: If necessary, CDS will offer to a client paid support services for developed product, like modification of the product and development of successive versions, product setup, website migration, customization, and administration at the client’s server, end user support.
Support team: Bug fixing and product support are carried out by the same specialists those who participated in the project development team; therefore, such tasks are fulfilled with maximum speed and quality.
Data Backup
Data stored on our servers is not guaranteed to be backed up. It is recommended that you keep an independent backup of all data stored on your virtual server. We shall not be held liable for any loss or damages caused by the use or misuse, unavailability or removal of services.
Digital files created by CDS are stored on our system for one year unless otherwise agreed. We cannot be held responsible for loss of digital files due to unforeseen electrical or other faults on our systems.
Content and Undertakings
The client will be solely responsible for the content of "the project". CDS is not responsible for proofreading the content of "the project" unless specifically agreed in writing. If you provide CDS with goods, material, photographs, film, data or information to be used in any form, client hereby warrants that these do not infringe the rights of third parties and indemnify CDS against any action taken against CDS by any such third party.
Copyright and Trademarks
The client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks or other artwork furnished to CDS for inclusion in the client's web design or development project are owned by the client, or that the client has permission from the rightful owner to use each of these elements furnished by the client.
Copyright of logos, web design and other special graphics commissioned by the client become the property of the client on receipt of full payment of all accounts payable to CDS. It is the client’s responsibility to arrange and pay for trademarks and copyright registration. It is the client's responsibility to determine whether the designs infringe on any other third parties copyright ownerships.
Intellectual Property Rights
All materials, produced by CDS in the course of project fulfillment, e.g. web design, website, web application, software, database, documentation, print media design, publication design, sample designs, prototypes/wireframes or any other design and development material fully belong to the client.
However, CDS owns the right to:
1) use the materials produced in the course of project fulfillment as mentioned above for execution of orders of other clients or projects
2) display the work done by us in our company’s portfolio and mention in the company’s profile
3) put a link back to our company’s website on the clients’ website or product, etc. designed or developed by us unless the client has paid the Royalty Fee*.
CDS is ready to consider additional conditions pertinent to rights of ownership for produced materials.
Ownership
All works designed or developed by CDS shall remain the property of CDS. In the event of non-payment, CDS shall at its sole discretion cause the website to be taken down or disabled. CDS may make any and all elements of the works completed available in part or in whole to other of its clients, without regard to the original client, however such disposal of content shall not release the client from any outstanding invoiced amounts. If part payment has been received but the amount outstanding is more than 20% of the total account, then CDS reserves the right to disable the clients site until the client have completed full payment.
CDS shall not be held liable for any loss or damages caused by part payment or non-payment, the use or misuse, unavailability or removal of services.
Cancellation by Client
Should the client cancel the contract at any stage CDS reserves the right to invoice for full payment for all work completed to date, if in the opinion of CDS more than 80% of "the project" has been completed, then CDS may at its sole discretion require full payment of "the project". Any disbursements made by CDS on the client's behalf or contracted to be made are required for full payment within 7 days of invoice issue. In all cases of cancellation by the client a cancellation charge of 15% of the total contract value will be added to the client’s final account to cover all administration costs incurred in finalizing client accounts.
Upon termination of the contract, the client shall nevertheless remain liable for all charges due or which would have been payable under this contract. On termination, CDS may remove all materials held on CDS’s computers and remove all privileges and access granted or entitled to the client.
Refunds
If the client enters into an annual contract (for example: website maintenance contract or web hosting packages) with CDS, full payment will be required in advance at commencement of each annual contract. However, if the client wants to cancel at any time prior to the end of the natural contract term, then no refund will be available for any unused time remaining on the contract.
The client accepts that following commencement of "the project" CDS will incur costs and may enter into third party contracts on behalf of the client, as such invoiced payments received by CDS from whatever source shall be deemed as final payment for work done or work to be done and no refunds will be made.
Suspension of Services
We reserve the right to suspend services in any cases where clients fail to perform his/her obligations mentioned under our Terms and Conditions. If payment for services is not received within the terms of payment stipulated by us, websites may be taken down until full payment is confirmed.
*For any query or detailed information, please email us at [email protected]