Terms OF SERVICES

for Software Development and Consulting services

Software Development Service Terms

  • 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. Please ensure and clarify our understanding in a face to face meeting.

 

 

  • By accepting a quote, you agree to and accept the terms and conditions of SCTSPL. 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 SCTSPL.

 

 

  • 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 analyzed on a case-by-case basis.

 

 

  • SCTSPL will make every effort to complete the project/changes in the given time-frame. Reasonable delays are accepted if functionalities are redefined or modified.

 

 

  • Any delays at client’s end, may delay the project and proposed time-frames 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 SCTSPL be liable for any delays caused by the changes in the project brief.

 

  • Website/application content and all related materials need to be provided to us within the specified time of starting the project. Any delays thereafter may delay the project and may incur additional charges if it goes beyond reasonable time-frame.

 

  • Responsive/multi-device compatible web pages are tested on the Android platform. If you require testing to be done on any other device, please discuss it in advance.

 

  • If your website/application is not hosted on our server, 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 Rs.500/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 in such a situation arises.

 

  • SCTSPL software codes (not including open source software) are copyrights of SCTSPL. 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.

 

  • The website or software application will be designed to be deployed on the web, via using a commercial grade web-server or a similar setup. Based on your website traffic, the website may not perform if deployed on a generic office network environment.

 

  • 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 SCTSPL does its best in recognizing 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 Ad-words, Plug-in licenses, etc) are not included in our quotes.

 

  • SCTSPL takes no responsibility for any open source products such as WordPress, Open Source carts, Joomla, etc. It is clients responsibility to update all components and third-party software. We suggest you take regular back-ups to avoid any disruptions.

  • SCTSPL offer packages in coordination with third-party providers. Changes to the third party provider’s rules and policies may ultimately affect 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 upon 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. SCTSPL can organize an appropriate hosting solution if required, a quote for which will be submitted separately and approved by the client. Where clients decide to organize their own hosting, we should be consulted before finalizing 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 to hosting support for testing and deploying the application. SCTSPL will not be liable for any delays or errors caused by direct or indirect actions of the hosting company.

 

  • SCTSPL generally builds and tests the websites/applications on its own servers or hosted domains. SCTSPL 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.

 

  • Notwithstanding any other provision in the agreement, in consideration of the Customer entering into this agreement with SCTSPL, upon full payment of any outstanding invoices, SCTSPL will grant an unconditional license to the Customer to reproduce, publish, communicate, use, exploit, vary, or otherwise deal with 1) the graphics, 2) texts and 3) images used in the published website and associated of form and functionality. This will not include the intellectual property relating to the production of the website including the digital strategies, programming codes, database structures, scripts, forms or functionalities.

Quality, Health & Safety Management Consultancy Service Terms

  • All estimates/quotes are based on our understanding of your requirements and as per given time-frame. Any changes to the functionality may incur additional costs accordingly. Please ensure and clarify our understanding in a face to face meeting.

 

  • By accepting a quote, you agree to and accept the terms and conditions of SCTSPL. Acceptance can be verbal, by email, payment of Initiation, signing a quote.

 

  • The scope of work & commercial proposal mentioned in this quotation is limited to the number of sites mentioned in the quotation.

 

  • The time required to complete the job will be 60 days after received work order.

 

  • The client must understand the need for his support to complete the job as described in the quotation and must be ready to extend support to our team as & when required. The client will also provide manpower for all types of data entry works involved during the ongoing consultation of the management system.

 

  • The arrangement of stationery items, printer, etc for documentation work will be the responsibility of the client.

 

  • The client will arrange the Gate Pass for the site visits wherever required. The company will provide the necessary documents of the visitor (assigned consultant) for issuing the Gate Pass.

 

  • The company will provide consultancy support for an additional 15 days / Audit date whichever is earlier from the date of completion of our work.

 

  • Post certification, opinions will be provided free of cost. In this case, the client will mail his/her queries to support@sctspl.com and our support team will reply within the next 48 hours.

 

  • Continual maintenance of Documents after certification will be charged extra on AMC basis.

 

  • All quotations provided by the Company require a 50% deposit upon acceptance. The remaining amount will be due before completion of the job. The company will issue the Invoice against the due amount and should be paid immediately.

 

  • The quotation is required to be accepted within 15 days from the date of issuance. A quotation not accepted within this time frame must be reissued.

 

  • A total of 18% GST is applicable over & above the quoted price.

 

  • Outstation onsite/offsite service support fee will be billed at Rs 3000/man day on per visit. Basic lodging, food & travel allowances will be billed extra based on actual bills of lodging, food, and travel.

 

  • Price quoted is for one-time completion of the scope of work as described in the quotation.

 

  • Payment obligations are non-cancellable and fees paid are non-refundable.

 

  • The company will only commence work on the quoted application once any deposited funds have cleared.

 

 

AMC Terms & Conditions

 

Engagement and Services:

 

Engagement: The Client shall engage SCTSPL to provide and perform the services as listed in the quotation/proposal/estimates.

 

Standard of Services: All Services to be provided by SCTSPL shall be performed with promptness and diligence in a workmanlike manner. Client shall provide such access to its information, property, and personnel as may be reasonably required in order to permit SCTSPL to perform the services.

 

Modifications in services:

AMC is obliged to take into consideration requests for modifications by the client insofar as this is possible in the context of the company’s capacity, particularly with respect to the effort and the time expenditure involved.

 

If the modification has to do with the contractual conditions, in particular, the effort for AMC or the timetable, the parties agree on an appropriate adaptation of the contractual conditions, particularly the increasing of the price and the adaptation of deadlines.

 

Should comprehensive investigation of the additional effort be necessary before the realization of the desired modification, AMC may request a separate order for this investigation.

 

The obligation to cooperate for the client:

The client is obliged to support AMC to the best of its ability and to provide all the conditions required for proper implementation of the assignment. In particular, it has to provide all of the documents and materials required for carrying out the assignment in a timely manner.
On demand of AMC, the customer is to provide written confirmation of the correctness and completeness of the documents which it has to provide, as well as of the information it gives and its oral statements.

 

 

Financial Terms:

  • The contract requires a deposit of 50% of AMC Fees in advance.

  • Remaining 50% will be due within 3 months of the date of commencement of service. SCTSPL will issue pre-invoice against the due amount and should be paid immediately without any deductions.

  • A total of 18% GST will be added to the AMC Fee and will be displayed separately in invoices.

  • Outstation onsite/offsite service support fee will be billed at Rs 3000/man day on per visit. Basic lodging, food & travel allowances will be billed extra based on actual bills of lodging, food, and travel.

  • Payment obligations are non-cancellable and fees paid are non-refundable.

  • SCTSPL will only commence work on the quoted application once any deposited funds have cleared.

  • If Client defaults in the payment of any charges or other amounts due under this contract and fails to cure such default within ten (10) days after receiving written notice specifying such default, then SCTSPL may, by giving client thirty (30) days prior written notice thereof, terminate this contract as of a date specified in such notice.

 

AMC Period & Termination:

The contract will be initially for a period of one year commencing from the date of payment of AMC charges.

In case of the breach in the terms, either party has the right to terminate the contract giving one month’s prior notice. 

 

Confidential Information:

SCTSPL shall not disclose to anyone, any information of confidential nature which might have come to our knowledge in the course of the contract in whatsoever manner, which may adversely affect the interest of the client.

 

Force Majeure:

Client and SCTSPL shall not be liable to each other for the delay in or failure of the performance of the respective obligation due to causes, contingencies, or circumstances beyond their reasonable control, such as an act of GOD, change in govt. Policies, accidents, strikes, etc.

 

General Terms:

Any quotation issued is required to be accepted within 30 days from the date of issuance. A quotation not accepted within this time frame must be reissued.

The scope of work & commercial proposal mentioned in the quotation is limited to the location and number of sites mentioned in the quotation.

The client must understand the need for his support to complete the job as described above and must be ready to extend support to our team as & when required.

Consultancy timings are flexible in nature. It is the prime responsibility of SCTSPL to maintain the standard of services.

The client shall not assign this service arrangement or any benefit or interest here to any other person or external agency without the prior written consent of SCTSPL during the period of the contract.

The Company (SCTSPL) shall have the right to alter the terms of this contract from time to time at its sole discretion. All such decisions of the Company shall be binding on the client and shall override this contract to that extent.​

Governing Law and Dispute Resolution:

 

The terms of this Agreement shall be governed, interpreted and construed in accordance with the laws of State of Jharkhand, India. All disputes, differences, claims, and demands arising under or pursuant to this Agreement shall be under the jurisdiction of Court of Jamshedpur, Jharkhand, India in the English language.

Synesis Consulting

At Synesis Consulting, we leave no opportunities untapped when it comes to bringing exceptional products under our

distributorship spectrum.

A business is run on multiple flanks. There are different divisions that require the attention of the business owner.

Legal

Connect with Us

  • Facebook
  • LinkedIn
  • Twitter

Get in Touch

Copyright © 2017-2020 Synesis Consulting All rights reserved