Terms & Condition
1. Spam, Warez, Piracy and Illegal Activities
ibs does NOT permit any of it's services to be used for illegal purposes. These include but are not limited to spam, unsolicited commercial email, warez hosting, piracy and hacking related activities. ibs will remain the sole arbiter in what constitutes any of these activities. You acknowledge that participation in any of these activities will result in immediate termination without refund. ibs may involve law enforcement authorities if we deem necessary.
2. Child Pornography If IBS discovers child pornography on any services provided to You, your account will be immediately terminated without refund. Your personal details will be passed to law enforcement authorities and we will assist fully with law enforcement authorities around the world to seek charges against You.
3. Hacking/Denial of Service/Sniffing/Spoofing IBS do not permit any type of hacking, denial of service, distributed denial of service, sniffing, spoofing, password cracking or similar malicious activities to be performed on or by it's services. IBS will remain the sole arbiter in what constitutes any of these activities. You acknowledge that participation in any of these activities will result in immediate termination without refund. IBS may involve law enforcement authorities if we deem necessary.
4. Contract: The client's approval for work to commence shall be deemed a contractual agreement between the client and IBS. The approval for the work can be through either an email confirming back the quote (with the quote document attached) or the quote document signed by the client.
Important: Payment of the advance fee indicates that the client accepts these terms and conditions, and approves to commence the work.
5. 1 Year Free Technical Support IBS provides 1 year free technical support for following kind of issues:
a. Server side scripting/programming errors/bugs
b. Logical Bugs/Calculation related errors/bugs
c. Connection errors/API Integration Errors
Above support is not available if the errors/bugs arise due to any external entity. Examples:
a. Server or software or application or extension downgrades or upgrades
b. Edits done in the code/scripts delivered by any external entity/person/professional
c. Operating System or Browser Version Downgrades/Upgrades
d. Any other factor which is not directly related to any deficiency at the end of IBS
6. Photography and graphics IBS may use stock photographs and images while creating the website. Images and graphics purchased from stock libraries are not generally included in the quote and will be invoiced separately. IBS will keep the client updated about the stock images being used and the cost involved before raising the invoice.
7. Browser compatibility: IBS makes every effort to design pages that work flawlessly on most popular current browsers i.e. IE10 and IE11 and latest version of FireFox/Chrome released on the date of project agreement.We however cannot be held responsible for pages that do not display acceptably in new versions of browsers released after pages have been designed. IE8 and older IE versions are outdated browsers and hence we don't design with them in mind. We recommend using latest version of Chrome or Firefox instead of older versions of Microsoft Internet Explorer.
8. Search Engine Submission: Following services are not part of the project unless agreed otherwise in writing:
a. Submissionof websites on different search engines.
b. Securing good ranking of your website on different search engines.
c. Search Engine Optimization - On Page/Off Page.
9. Site maintenance: Unless otherwise agreed in writing, following services will be separately billed after the website has been made live:
a. Content updates
b. Refinements and logical tweaks to the website, which were not planned/approvedby client earlier.
10. Content: After IBS has delivered the website to client, client is solely responsible for the content/information/images posted on his website. If there is any error or omission by IBS team while uploading/posting the content/information/images on client's website, IBS will correct it if reported to IBS representatives.
11. Material: All material supplied by the client shall remain client's property. IBS rightfully believes that this material belongs to the client and that it does not breach any copyright laws. Under no circumstances shall IBS be held responsible for any claims, damages, and loss of profit or reputation caused to client due to the use of material provided by the client.
12. 3rd Party Add-ons/services/applications: All third party costs arising from the registration of a domain name/purchase of third party utilities/services shall be met by the Client and are payable to IBS before a formal application for registration is made. Examples of 3rd party fees are as under:
i. Domain Names
ii. Server Space Hosting Fees
iii. SSL Certificates
iv. Backup Services
v. 3rd Party APIs, if any, required by 'Client' to be integrated with the work ordered.
vi. 3rd Party Plugins/Scripts/Applications/Software/Widgets/Services, if any, required by 'Client' to be integrated with the work ordered.
vii. Payment Gateways Signup and Recurring Fees
13. Examples of work: Unless negotiated otherwise, IBS retains the right to list/display the client name and logo with or without work performed(Design/Development/Online Promotion) for the Client inits respective portfolios and promotion materials. This over-rides all previous agreements and NDAs signed.
14. Quotations: The price quoted to the client is for the work agreed in the proposal document only. Should the client decide that changes are required after the project work has been initiated, then IBS will provide a separate quote for the additional work and may need to review the timescale for completing the project. Cost estimates and prices quoted are valid for maximum one month unless otherwise agreed.
15. Mode of Payment: a. Clients Based Outside India: International Wire Transfers, Credit Card/PayPal via 2Checkout payment gateway.
b. Clients Based in India: NEFT, RTGS or Physical Cheques mailed to our office address.
16. Payment Terms: i. Payment plan is agreed between the 'Client' and IBS based on the milestones.
ii. Full publication of the Web Pages may take place only after full payment has been received unless otherwise agreed.
iii. In case of delay in payments beyond the due date, IBS reserves the right to stop the work being commenced and 'Client' agrees to exempt IBS from meeting the timelines agreed.
Both the parties reserve the right to cancel the project at any stage.
i. In case the project is cancelled by Client, the payments made for the project can be refunded to the client after deducting the upfront payment amount received for Initiation of the project and the other payments received against the milestones completed.
ii. In case the project is cancelled by IBS, the payments made for the project can be refunded after deducting USD 10 per hour for the hours spent on the work performed for the client including but not limited to the time spent on project discussion, requirements gathering, project planning & documentation, project initiation and execution. After the payments are settled between the two parties - IBS shall transfer to 'Client' - all the documents, designs and scripts produced for the project.
18. Delayed Response From Client Side: Unreasonable delays from client side in providing the required feedback/information/data to finish the project shall exempt IBS from meeting the timelines mentioned in the quote. In case client does not provide required details/data/information for more than 15 working days, client authorizes IBS to forfeit the payments made towards this project.
19. Time Estimates: Client agrees that stipulated timelines cannot be met if the project scope is changed by client once the project scope document is finalized. Client agrees not to change the requirements without extending the original agreed timelines by minimum 1 week against each change request.
20. Ownership of Code and Intellectual Property Rights: Unless otherwise agreed, IBS is the owner of the source code and the intellectual property rights and reserves the right to reuse the code for other projects.
Notes: In no event, IBS shall be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate these Web pages or website, even if IBS has been advised of the possibility of such damages. Despite the best efforts of IBS, errors in web page information may occur. At no time will IBS be held responsible for accidentally including erroneous information, extending beyond correcting the error.
Should IBS waive any of these terms on an individual basis, this shall not affect the validity of remaining clauses or commit IBS to waive the same clause on any other occasion. By agreeing to these terms and conditions, your statutory rights are not affected.
IBS reserves the right to change or modify any of these terms or conditions at any time, but agreements signed prior to the updates in this agreement remains unaffected. Please feel free to contact us for more info/clarification about any of the terms and conditions mentioned above.