Terms and Conditions

Once you agree to work with Goldfish Web Design, you also agree to:

The Cheque/Money Order/Wire Transfer/PayPal Payments will be payable to "Goldfish Web Design", DELHI. We will be pleased to start the project promptly after we receive your acceptance of our proposal, the requested information and applicable professional fees.

At no event will Goldfish Web Design be liable to the Client or any third party for any damages, including any lost profits, lost business, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate the presentation application.

In case collection proves necessary, Client agrees to pay all legal or third party involvement fees incurred in that process and late payment penalty, compounded interest of 1.5% per month on the remaining amount due.

All the applicable taxes will be levied as per actuals. For purposes of this paragraph, "Employee" For purposes of this paragraph, “Employee” shall mean current employees or persons employed prior to the referenced project. During the period of performance of services by Goldfish Web Design hereunder and for twenty four (24) months thereafter, (i) Goldfish Web Design agrees not to solicit or induce any Employee of Client to terminate his or her employment with the Client or to hire any Employee of Client without the prior written approval of Client , and (ii) Client agrees not to solicit or induce any Employee of Goldfish Web Design to terminate his or her employment with Goldfish Web Design or to hire any Employee of Goldfish Web Design without the prior written approval of Goldfish Web Design.

Neither this Agreement, any Statement of Work or any rights or licenses granted hereunder may be assigned, delegated or subcontracted by any party without the written consent of the other party, except that (i) a party may assign and transfer this Agreement and any Statement of Work and its rights and obligations hereunder and there under to any third party which succeeds to substantially own all of its business and assets or assign or transfer any rights to receive payments hereunder, and (ii) Goldfish Web Design may subcontract its obligations hereunder to any wholly-owned subsidiaries of Goldfish Web Design or third party service providers, provided that Goldfish Web Design remains primarily liable to Client hereunder, including with respect to the acts and omissions of any such parties employed or engaged by Goldfish Web Design. However, Client may not assign or transfer this Agreement to a direct competitor of Goldfish Web Design.

Client represents to Goldfish Web Design an unconditional guarantee that all elements of text, graphics, photos, designs, trademarks, source code or other artwork furnished to Goldfish Web Design for inclusion in the web pages are owned by Client, or that Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect and defend Goldfish Web Design from any claim or suit arising from the use of such elements furnished by Client.

Goldfish Web Design retains the copyrights or ownership to the source code/design of all files produced/developed/designed by Goldfish Web Design during the course of working on this project. After the final payment of the project rights and ownership of source code/design will be handed over to Client.

Regardless of the place of venue, this contract was entered into in New Delhi, India and any dispute will be litigated or arbitrated in New Delhi, India. This agreement contained in this "Proposal" constitutes the sole agreement between Goldfish Web Design and Client and its owners. Any additional work not specified in the proposal will be estimated separately or would require amendment to this proposal. All the images and text/content etc. is to be provided by the client. In case client does not provide us the images, client gives us assumed right to use the images from the internet. Goldfish Web Design will try its best to use the Royalty free images but once the delivery is done, it is client's responsibility that he has checked and agreed to the work provided. In case he feels/finds that there is something that does not belongs to him, he will immediately get back to Goldfish Web Design to get it changed. Once the delivery of the work is done, Goldfish Web Design does not accept the responsibility of any copy right infringement/trademark/performance/damages or any legal liability arising because of any reason. Ideally it is in the best interest of the client that they provide the images and text/other content at the time of contract only and ensure that work is done as per his agreement.

In the event that the fees payable by Client are tax deductible at source, the TDS certificate should be provided by Client to Goldfish Web Design at the time of making the due payment. The Professional fees are exclusive of any applicable taxes and other government levies. Any such taxes and/or levies will be payable by Client in retrospective/non-retrospective effect.


Project 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 Goldfish Web Design 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 Goldfish Web Design.

• 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 analysed on a case-by-case basis.

• Goldfish Web Design will make every effort to complete the project/changes in the given timeframe. Reasonable delays are accepted if functionalities are redefined or modified.

• Any delays at client’s end, may delay the project and proposed timeframes 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 Goldfish Web Design be liable for any delays caused by change in the project brief.

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

• Our websites/applications are generally tested on PCs and include near recent versions of following browsers: IE, Firefox, Chrome & Safari. If you require testing to be done on any other browser, please let us know in advance.

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

• If your website/application is not hosted on a Goldfish Web Design 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 $99/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 if such a situation arises.

• Goldfish Web Design software codes (not including open source software) are copyrights of Goldfish Web Design. 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.

• Goldfish Web Design CMS is a proprietary CMS of Goldfish Web Design. Goldfish Web Design owns copyrights of all codes written for any client, unless arrangements are made prior to start of the project. Goldfish Web Design warrants a license to use any custom built software for the client, for their use only. This license is granted while paying for the hosting. Goldfish Web Design CMS cannot be transferred to any external host; this includes any access to the software codes.

• 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 Goldfish Web Design does its best in recognising 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 Adwords, Plug-in licenses etc) are not included in our quotes.

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

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

• Goldfish Web Design generally builds and tests the websites/applications on our own servers or hosted domains. Goldfish Web Design 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.

• Nothwithstanding any other provision in the agreement, in consideration of the Customer entering into this agreement with Goldfish Web Design, upon full payment of any outstanding invoices, Goldfish Web Design 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.

• All communications/correspondences are generally done via emails. It is client’s responsibility to keep us updated with their relevant email addresses.

Basic Annual Maintenance Package Terms:

All maintenance packages are for a minimum of 12 months period. Maintenance packages are billed annually, however are paid monthly via direct debit on the 1st of every month. Packages may include 12 months basic website hosting, email hosting and DNS hosting. Packages are designed to serve website maintenance tasks only. The hours may not be used for projects such as full redesign or major functionality add-ons.
Does-not
include any Digital Strategy, Business Analysis, Solution Architect, SEO and Digital Marketing work. Work-hours are tracked in 15minutes blocks. The support time is used once every month to take a full backup of your website. After that, we work on updating your CMS and plugin versions along-with any website fixes that may arise as a result of the updates. Any remaining hours can be used to make changes to the website. Any additional workhours are requested for your approval. Goldfish Web Design employs fair use policy, which means that although we don’t formally transfer over any unused time to the next month or formally accumulate unused man-hours, we do understand that your needs may change from month to month, and we allow flexibility in good faith sometimes. Any extra hours used will be billed separately Rs.1000/hour Support requests need to be sent via email to info@gftech.in Any urgent tasks will be charged separately. The package is auto renewed every year on its anniversary date.
Payment terms:
Monthly maintenance package fees require Cash, Cheque, Debit card payment only. No other forms of payment will be accepted for monthly maintenance. Monthly maintenance package fees will be charged to the clients on the 1st day of every month. An administrative fee of Rs.1000 will be charged to the clients account for any late payments or declined credit card charges. More than three missed payments in a year may attract termination of the package and the client will need to pay immediately the entire remaining amount on the package. There are absolutely no refunds for any fees related to the monthly maintenance package.
Termination:
In case Client need to cancel the auto annual renewal, please inform us in writing (email) at least one month prior to the renewal date. Ongoing term: For any reason if the Client decides to terminate an on-going maintenance package then they will need to pay the balance amount of the remaining months. Goldfish Web Design reserves the right to terminate annual maintenance at anytime with written notice to the Client.

For general website design & development projects we employ the following steps:

• Upon quote acceptance/signoff, initiation payment is processed to start the project. As required by the project, we may hold a Scoping Workshop to discuss the requirements in detail.

• Once we have the brand details such as logo, images, branding materials etc, we will have a mock-up for your review within 5 to 10 working days.

• You can review the design and suggest improvements accordingly. Depending upon your project, generally up to 2 to 3 design modifications that can be done within the given estimates. Please refer to your allocated design and development hours for details.

• Once design is finalised & approved, we’ll proceed with the HTML development. At this stage we generally need around 3 to 5 banner text and/or images for rotation.

• Once, HTML is done, if CMS is included in your project, we will proceed to setup your website on your selected Content Management System (CMS). Please provide all content and copy prior to the development phase.

• Depending upon the time and resources allocated to your project, we’ll transfer as much content as possible from the old website to the new website. Remaining content can be transferred via the CMS by your designated staff. We can provide the instructions needed to help you do this.

• Once the site is ready from our end, we generally hand it over to you for further review, test and/or to upload/change contents as necessary.

• At this stage you need to give us a Go-Live date for us to make the new website/project live.

• Your website can be made live within 3 to 5 working days of a Go Live approval, assuming that the accounts are clear. Kindly note that we require full payment prior to transferring the website on any external servers.

• Also, generally speaking, going-back and forth takes a lot of time. We encourage you to provide all necessary details, at the start of the project to ensure that the project team’s time is efficiently utilised on your project and you do not incur any unnecessary additional costs.

• You will be kept updated via emails and/or telephone calls as the project demands. However, please do not hesitate to contact us any time you require a project status. Also, please always keep us updated with your relevant email addresses/contact details.

• Once the website/application has been made live on the client’s domain, it is their responsibility to take regular full back-ups and to update all components and third party softwares.

We consider ourselves to be very flexible and adaptable and approach all requests with a ‘can do’ attitude. If you require something changed, please feel free to discuss with us. Please contact us if you require further details or have any questions. We look forward to working together with you on your project!

Cancellation Policy: All cancellation requests should be sent to our billing department or communicated to your Account Manager. The cancellation will not be valid until it is confirmed by the respective department.

• Cancellation requests will be considered only when the request is made within 12 hours of placing the order and execution of the project has not started already.

• Goldfish Web Design will not be held responsible for any third party services, such as hosting, web development, content writing etc.

Refund Policy: Due to the nature of its services, Goldfish Web Design does not guarantee any refunds upon cancellation. In case of monthly payment, it is understood that payment for next month is released only after reviewing the current month's performance. Goldfish Web Design does not make any guarantees on the basis of traffic/rankings etc. and will not be held responsible for any refund claims thereof.

Debt Collection: Client is provided a further 7 days after late payment fee is applied to pay the invoice. Failure to pay will result in the outstanding amount referred to a debt collector. Goldfish Web Design will not be liable for any costs or charges associated with the recovery of the outstanding amount. Any charges associated with the recovery of the outstanding amount (debt collectors, administration charges, legal fees) will be referred to the client for processing.

• If you are late with a payment or have any queries regarding the Invoice, please contact Accounts Manager immediately on receiving the invoice or reminder emails.

• All communications/correspondences are generally done via emails. It is client’s responsibility to keep us updated with their relevant email addresses.

• Any payment relating to the domain name registration renewal or hosting or any 3rd party products or service purchased on behalf of the client will have to be paid in full and is non-refundable. In case of all renewal cancellations, we must be notified atleast 30 days before the renewal date.

• Goldfish Web Design generally builds and tests the websites/applications on our own servers or hosted domains. The website/application will be transferred-off to the nominated 3rd party server upon full payment of all invoices and dues.

In an event of a dispute, Goldfish Web Design reserves the right to charge the client in full for the work done as well as for the resources spent in managing the dispute. In such an event, Goldfish Web Design reserves the right to charge the client without honoring any discounts that were previously honored in good faith. Under no circumstances will Goldfish Web Design be liable for any damages arising from misrepresentation or misinformation.

Goldfish Web Design reserves the right to refuse service to any client, if these are not aligned with our business operating principles and policies.

Goldfish Web Design provides its services as is, without any guarantees on security or other issues leading to loss of data, sale or reputation. We ensure to the best of our ability that our systems and servers are protected from hackers, viruses, intruders and other online and offline problems, however we will not be held liable for any disruption of services if such situation arises.

Relationship of Goldfish Web Design with its suppliers, partners and sub-contractors is of an independent nature. None of the parties have any power, right or authority to interfere or bind the other or assume or create any obligation or responsibility, whether expressed or implied, on behalf of the other or in the other’s name.

Client will indemnify and hold Goldfish Web Design, its licensors, content providers, service providers, employees, agents, officers, directors, contractors and sub-contractors (the “Indemnified Parties”) harmless from your breach of any of these Terms And Conditions or any other terms, conditions, policies or procedures herein, including, without limitation, any use of content other than as expressly authorized in these Terms and Conditions. Client agrees that the indemnified parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify and hold harmless the Indemnified Parties from any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information obtained from Goldfish Web Design.

Goldfish Web Design will not be liable for any breach of the agreement which is caused by a matter beyond its reasonable control including but not limited to Act of God, fire, lightning, explosion, war, disorder, flood, earth quake, industrial disputes (whether or not involving their employees), extremely severe weather, or acts of local or central government or other competent authorities.

Hosting is an annual charge which must be paid in advance for the whole year. Except if the client is under one of our Maintenance packages.

It is the client’s responsibility to renew the hosting in time ie. before the expiry date. Failure to renew in time can lead to loss of files, data, emails, backups etc. All unpaid hostings are disabled or deleted from the server.

All renewals must be paid by seven working days prior to the expiry date. Goldfish Web Design will not be responsible for issues relating to delayed payment.

Hosting are on shared and non-shared servers hosted via third party providers. Goldfish Web Design ensures best to our ability that our systems and servers are protected from hackers, viruses, intruders and other online and offline problems, however we will not be held liable for any disruption of services if such situation arises.

Client is solely responsible for the content stored on and served by the hosting service purchased and the activity of any scripts or email services created under the hosting service. The Customer must maintain the security of all account passwords and applications or scripts and ensure all scripts under the hosting service are free from malicious content that may harm any part of the Server, other client accounts hosted, or the external systems of visitors viewing the hosted content.

Incase of a malware attack, Goldfish Web Design reserves the right to delete files on the hosting service without giving any prior notice.

Cancellation/Termination:
Hosting Cancellation requests must be sent in writing or by email one month prior to the expiry of the same. Once the hosting has been renewed, it cannot be cancelled and must be paid for the full year.

If the hosting is not paid and renewed before the expiry date. We reserve the right to disable the hosting and all associated services including emails and dns records. Additional charges will be applicable to re-enable the hosting. Goldfish Web Design will not be responsible for any loss of data, files, emails, backups, restoration costs etc.

If a hosting has been cancelled / disabled then all files, emails, databases and backups will be deleted from the server without any notification to the client.

Once all invoices are paid, it is client’s responsibility to request for the files subject to the below:

– Goldfish Web Design CMS is a proprietary CMS of Goldfish Web Design. Goldfish Web Design owns copyrights of all codes written for any client, unless arrangements are made prior to start of the project. Goldfish Web Design warrants a license to use any custom built software for the client, for their use only. This license is granted while paying for the hosting. Goldfish Web Design CMS cannot be transferred to any external host; this includes any access to the software codes. FTP and Control panel access is not provided if the website is using Goldfish Web Design CMS.

– Goldfish Web Design CMS is a proprietary CMS of Goldfish Web Design and cannot be transferred to any external host.

EMAIL HOSTING SERVICES
All emails are to be downloaded on the client’s computer periodically. Email boxes must be kept within their quota limits. Administration: Customer is responsible for administering the Mail Service, including adding mailboxes, adding wireless or other service components, adding storage capacity, managing settings, and configuring spam filters etc.

LIMITATIONS ON MAIL SERVICES.

Memory Limitations. Mail that exceeds the storage limit when received may be permanently lost. Customer may adjust the storage capacity of Customer’s individual mailboxes via the control panel, and it is Customer’s obligation to monitor and adjust the storage capacity of individual mailboxes as needed. Enabling features of the Mail Services designed to prevent deletion of emails may cause Customer to consume increased storage capacity, may incur additional storage fees, and may fail if Customer does not have adequate storage capacity.

Backups and Data Loss.

Your use of the Services is at your sole risk. The Company does not maintain backups of any accounts or the Services purchased by you. You should not rely on the Company for backup. It is solely your responsibility to maintain backups. The Company is not responsible for files and/or data residing on your account. You agree to take full responsibility for all files and data transferred and to maintain all appropriate backup of files and data stored on the Company’s servers.

Email Sending and Receiving Limits.

Customer acknowledges that the Mail Services are not designed for sending and receiving a high volume of email messages. Goldfish may limit the number of email messages that a customer may send and receive and the number of recipients per email message sent over a given time period, as determined by Goldfish in its reasonable discretion.

Client’s must not use the email hosting for inappropriate content and other undesired emails which can result in spamming or infecting the server. Under such circumstances, immediate action will be taken and the required files and data will be deleted without any prior notice.

Goldfish Web Design offer packages in co-ordination with third party providers. Changes to the third party provider’s rules and policies may ultimately effect the services we provide or the terms and conditions herein.

CUSTOMER SECURITY OBLIGATIONS.

The Agreement requires Customer to use reasonable security precautions in light of Customer’s use of the Services. This includes using a desktop virus scanner and firewall on computers that are connected to the Internet, and encrypting any Sensitive Data transmitted to or from, or stored on, the Goldfish Services, servers, email boxes, or storage devices Customer use.

Hosting are on shared and non-shared servers hosted via third party providers. Goldfish Web Design ensures best to our ability that our systems and servers are protected from hackers, viruses, intruders and other online and offline problems, however we will not be held liable for any disruption of services if such situation arises.

All domain registrations and renewals are to be paid in advance.

• Expiration of a domain can result in service disruption and loss of domain.

• Goldfish Web Design will not be responsible if a domain expires due to non-payment / late payment of the charges. All payments must be made by seven working days before the expiry date.

• It is client’s responsibility to renew their domain names with us.

• All invoices and dues must be paid in full before we release the requested domain name.

• Goldfish Web Design has the domains in a common pool account and therefore cannot give access to its domain control panel.

• Goldfish Web Design offer packages in co-ordination with third party providers. Changes to the third party provider’s rules and policies may ultimately effect the services we provide or the terms and conditions herein.

All content of this website is a property of Goldfish Web Design unless otherwise specified. Goldfish Web Design reserves the right to change the content or policies without any prior notice.

The project related copyrights can be transferred to the client at an additional cost, after the full payment of the project and upon signing the Certificate of Acceptance. Goldfish Web Design reserves the rights to refuse the transfer of ownership if irregular circumstances arise.

Copyrights handed over to the client do not include rights to re-use the code for another website or re-sell the programming codes for any commercial or non-commercial purposes. In the case of business restructuring or ownership change, ownership of the website may be transferred from one owner to another. New owners are not allowed to re-sell or re-use for any commercial or non-commercial purpose. Goldfish Web Design CMS is a proprietary CMS of Goldfish Web Design and can not be transferred to any external host.

In an event of a Webmaster change, site owners are not allowed to display the credits to the new website, unless such time that the website functionality and appearance is changed by over 50% of our original work.

"Goldfish Web Design" is a trade mark of Goldfish Web Design of India. Clients, Partners, Suppliers, Sub-contractors and any other 3rd party organisation or individual are not allowed to use Goldfish Web Design trademarks including the name, logo and symbol in any way shape or form without a written permission from us.


Please note that Goldfish Web Design reserves the right to change the terms and conditions without notice.