Standard Terms and Conditions
Price Validity Price details mentioned above are based on the Scope of the functionality specified in our Proposal. Any change to the Scope of Functionality would mean additional effort requirements. In the event of any change to the above, the additional efforts will be estimated by Dynamic Vishva & communicated, in terms of additional cost and time for acceptance. However, Dynamic Vishva will undertake such work only after acceptance, in writing. The pricing quoted is valid for 15 days from date of quotation.
Delivery
As per the scope mentioned in the proposal
Information
shall not discuss any monetary compensation to Dynamic Vishva employees posted at their site.
Confidentiality
Both our organizations shall hold all information exchanged between our personnel in strict confidence. Such information may not be disclosed to others or used except in connection with the performance of the specific agreed upon. In case the client wishes to enter into a Non-Disclosure Agreement with us in respect of the information gathered in this project, Dynamic Vishva shall be ready to do so subject to our legal department vetting the NDA.
Non-Hire
Customer shall not directly or in-directly solicit Dynamic Vishva Technology Solutions employees for employment during the execution of the project and for a period of 2 year after the completion of the assignment defined in the proposal or after termination of the agreement, whichever is earlier.
Liability
In no event shall Dynamic Vishva Technology Solutions be liable, one to the other, for special, direct, indirect or any other damages in connection with or arising out of the furnishing, performance or use of the services or deliverables provided by Dynamic Vishva Technology Solutions under the terms of this proposal. Also, we are not responsible for any type of mis-leaded inputs of data entries after system delivery.
Force Majeure
If the performance as specified in this proposal is prevented, restricted, delayed or interfered by reason of:
Fire, explosion, cyclone, floods.
1. War revolution, acts of public enemies, pandemic, blockage, or embargo
2. Any law, order, proclamation, ordinance, demand or requirements of any Government or authority or representative of any such Government including restrictive trade practices or regulations.
3. Strikes, shutdowns or labor disputes which are not instigated for the purpose of avoiding obligations herein, or;
4. Any other circumstances beyond the control of the party affected
Supply Of Materials
Then notwithstanding anything here before contained, the party affected shall be excused from its performance to the extent such performance relates to prevention, restriction, delay, or interference and provided the party so affected uses its best efforts to remove such cause of non-performance and when removed the party shall continue performance.
Termination
Either party can terminate the agreement by giving 60 days’ notice period. Any Yearly reserved costs instance blocked for the customer must be fully paid.
Arbitration
In the event of a dispute or difference of any nature whatsoever between Dynamic Vishva Technology Solutions and Client during the assignment arising because of this proposal, the same will be referred for arbitration to concern authority. Dynamic Vishva Technology Solutions and Customer will each nominate an arbitrator to the Board and these arbitrators will appoint the umpire. Arbitration will be carried out at Dynamic Vishva Technology Solutions office.
Our Fees and Deposits
An Installment of the total quote payable under our proposal is due immediately upon you instructing us to proceed with the project design and development work. The remaining milestones shall become due when the work is completed to your reasonable satisfaction but subject to the terms of the “approval of work” and “rejected work” clauses. We reserve the right not to commence any work until the deposit has been paid in full.
Installment is only refundable if we have not fulfilled our obligations to deliver the work required under the agreement. The deposit is not refundable if the development work has been started and you terminate the contract through no fault of ours.
Installment is only refundable if we have not fulfilled our obligations to deliver the work required under the agreement. The deposit is not refundable if the development work has been started and you terminate the contract through no fault of ours.
This will be the content required for project development, which will be informed prior or time to time with the client as per requirement. You must supply all materials and information required by us to complete the work in accordance with any agreed specification. Such materials may include, but are not limited to, photographs, written copy, logo and other printed material. Where there is any delay in supplying these materials to us which leads to a delay in the completion of work, we have the right to extend any previously agreed deadlines by a reasonable amount.
Where you fail to supply materials, and that prevents the progress of the work, we have the right to invoice you for any part or parts of the work already completed.
Variations
We are pleased to offer you the opportunity to revise the design. However, we have the right to limit the number of design proposals to a reasonable amount i.e., thrice revisions and may charge for additional designs if you make a change to the original design specification.
Our website / Web-Software development phase is flexible and allows certain variations to the original specification. However, any major deviation from the specification will be charged at the rate of Rs.900 per hour. Minor Changes up to One month from Beta Testing.
Minor Changes
Minor changes are Considered only If It Does Not Exceed 3Hrs. If Occurred, Charges May Apply.
Major change: Major Changes are considered changes which will take more than 3 hrs., in design change, any field additions and or if change in main project Database & it's a major change because we must change system accordingly.
Project Delays and Client Liability
Any time frames or estimates that we give are contingent upon your full cooperation and complete and final content in photography for the work pages. During development there is a certain amount of feedback required to progress to subsequent phases. It is required that a single point of contact be appointed from your side and be made available daily to expedite the feedback process.
Approval OF Work
On completion of the work, you will be notified and could review it. You must notify us in writing of any unsatisfactory points within 5 Working days of such notification. Any of the work which has not been reported in writing to us as unsatisfactory within the 2 days review period will be deemed to have been approved.
Once approved, or deemed approved, work cannot subsequently be rejected, and the contract will be deemed to have been completed and the balance of the project price will become due.
Rejected Work
If you reject any of our work within the 5-day review period, or not approve subsequent work performed by us to remedy any points recorded as being unsatisfactory, and we, acting reasonably, consider that you have been unreasonable in any rejection of the work, we can elect to treat the contract as at an end and take measures to recover payment for the completed work.
Payments
Upon completion of the 5-day review period, the balance payment is immediately due and liable to be paid by the client.
Subcontracting
We reserve the right to subcontract any services that we have agreed to perform for you as we see fit.
Non-Disclosure
We (and any subcontractors we engage) agree that we will not at any time disclose any of your confidential information to any third party.
Additional Expenses
You agree to reimburse us for any requested expenses which do not form part of our proposal including but not limited to the purchase of templates, third party software, stock photographs, fonts, domain name registration, web hosting or comparable expenses.
No Modification unless in Writing
No modification of this Agreement shall be valid unless in writing and agreed upon by both Parties.