Effective Date: March 12th, 2017
Digital Solution Design & Development Terms and Conditions
These terms and conditions are applicable to all Web & Mobile App Development projects that are undertaken by Fablian Technologies.
Payment of an advance fee or payment online is an acceptance of our terms and conditions. These terms and conditions are always available on our website for review.
Charges for services to be provided by Fablian Technologies are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 30 days unless alternate timescales have been agreed beforehand with the Client. Fablian Technologies reserves the right to alter or decline to provide a quotation after expiry of the valid timescale. All Web & Mobile App Development projects costing $5000 and below will require an advance payment of fifty (50) percent of the project quotation total before work will commence. The remaining balance of the project quotation total will be due upon completion of the work prior to upload to the server or release of materials. Payment for services is due to the online payment method suggested through Fablian Technologies’s PayPal, or bank wire transfer. All Payment method will have legal business name Fablian Technolab Private Limited. All additional amounts like (If applicable) respective tax, payment gateway transaction charges, any third party charges, etc will be born by the paying customer on top of the agreed & quoted price based on as per actual rates.
- Client Review
Fablian Technologies will provide the Client with an opportunity to review the appearance and content of the Website during the design & development phase and once they are completed. Such materials will be deemed to be accepted and approved unless the Client notifies Fablian Technologies otherwise within ten (2) days of the date the materials are made available to the Client in weekly reports on emails or some other media.
- Project Schedule and Content Control
In the majority of projects, Fablian Technologies will install and publicly post or supply the Client’s Web site by the date specified in the project proposal. If no such date is specified, the timescale shall be within four weeks of the date initial payment is received from the Client, unless a delay is specifically requested by the Client and agreed by Fablian Technologies. An alternate timescale can be agreed upon during the initial project discussion. In return, the Client agrees to delegate a single individual as ‘first-point-of-call’ to aid Fablian Technologies with completing the project in a satisfactory and expedient manner. During the project, Fablian Technologies will require the Client to provide copy and images. If the content is not provided within two (2) days of an official request by email then Fablian Technologies reserves the right to advise the Client of a revision to the final payment fee based on new or revised time schedules that may be introduced from time to time. If the content is not provided within one (1) weeks from the original email request then the Client is considered to be in default of the project, the project will be terminated and the Client sent the final invoice for immediate payment. Fablian Technologies will agree, at its discretion, to recommence the project after an agreement is reached on a new quotation document and once the original fees have been paid.
Invoices will be provided by Fablian Technologies upon completion of the work (as per the agreed process of milestones) for Web & Mobile App Development services with any associated services. Invoices are normally sent via email; Invoices are always due on a receipt after which a reminder will be sent to the Client. If the invoice has not been settled after seven (7) days then Fablian Technologies will consider the account to be in default.
If the Client in default has any information or files on Fablian Technologies’ Webspace, Fablian Technologies can, at its discretion, remove all such material from its web space. Fablian Technologies is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account. the Client’s account will immediately be considered to be in default until full payment is received. Clients with accounts in default agree to pay Fablian Technologies reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Fablian Technologies in enforcing these Terms and Conditions.
The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Fablian Technologies the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting Fablian Technologies permission and rights for use of the same and agrees to indemnify and hold harmless Fablian Technologies from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. A contract for Website design / Mobile App / Any Services and/or placement shall be regarded as a guarantee by the Client to Fablian Technologies that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
- Media Delivery Requirements
Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format (ASCII text files delivered via e-mail, Google Drive, Cloud, or FTP) and that all photographs and other graphics will be provided physically in high quality print suitable for scanning or electronically in .gif, .jpeg, .png or .tiff format. The specific requirements will be discussed and agreed with the Client prior to the commencement of the project. Although every reasonable attempt shall be made by Fablian Technologies to return to the Client any images or printed material provided for use in the creation of the Client’s Web site, such return cannot be guaranteed.
- Access Requirements
If the Client’s Web site / Web Applications / App Builds is to be installed on a third-party server or App Stores, Fablian Technologies must be granted temporary read/write access to the Client’s storage directories, and those directories must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.
- Post Project Alterations
Fablian Technologies cannot accept responsibility for any alterations caused by the Client or a third party occurring to the Client’s projects once installed/delivered after completion. Such alterations include, but are not limited to additions, modifications or deletions. Fablian Technologies may require an additional charge before resolving any issues that may arise.
- Third-Party Services
Fablian Technologies may require the usage of third-party services – for example, credit card processing – to complete the Client’s project requirements and will ensure these services are integrated into the project and working correctly upon completion. Fablian Technologies cannot be held responsible for subsequent changes or issues with these third-party services that may result in issues on the Client’s website and may require a one-off Web Development charge before resolving any problems that may arise.
- Request for Changes
After project finalization with the agreed scope of work, if the client wants to change the scope, features, additional functionalities, etc. Such additional changes will be scoped extra & fresh estimates will be released with revised timelines in every Web & Mobile App Development Projects. It will be assumed acceptance of scope of work once the client released the project initialization upfront payment. All changes other than already mentioned in the scope of work will be considered as extra work with extra charges.
- Domain Names
Fablian Technologies may purchase domain names on behalf of the Client, in which case they will then be renewed on an annual basis and the Client will be invoiced by Fablian Technologies. The loss, cancellation or otherwise of the domain brought about by none or late payment is not the responsibility of Fablian Technologies. The Client should keep a record of the due dates for payment to ensure that payment is received in a good time.
These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s signature below or payment of an advance fee constitutes an agreement to and acceptance of these Terms and Conditions. Payment online via PayPal & Bank Wire Transfer is an acceptance of our terms and conditions.
- Governing Law
This Agreement shall be governed by the Government of India Law.
Fablian Technologies wants to build a long-term business association with its clients – therefore we follow a fair cancellation/termination policy under the following conditions:
No cancellation is permitted for those orders of products/services that the Fablian Technologies marketing team has obtained during promotional offers or on special occasions/events like Month-end offers, Halloweens, Christmas, New year or special discounts on quoted project cost. Due to occasional offerings for a limited period & special offerings of discounts, the cancellations are not possible.
The cancellations will be admitted only if the request is made within 12 hours of placing an order. However, the cancellation request will not be entertained if the orders have been communicated to the vendors/merchants/execution team and they have initiated the process of shipping/working on their own level.
Remittance/Amount of payment/ PayPal Payments once received will not be returned back in any case even if the cancellation is placed within 12 hours. The money can be adjusted against other services or a future order within the next 90 days.
Any interruption in service due to any third party such as website hosting, server, images, content writing etc, Our Company will not be responsible at all. Any efforts Fablian Technologies has to put while coordinating/liaisoning with them has to be paid as per the agreed rate of the company.
If you found any product /services received is not up to the mark or not as shown on our website or not as per the agreed scope, you can notify the same to our customer service within the next 12 hours of receiving the email communication. The customer service team will be responsible for taking your consideration into understanding and take appropriate action to rectify the error and improve our service within our capacity.
The money-back policy is not applicable in Fablian Technologies, so if you buy any product or subscribe to any service our company does not offer any money back policy.
In the case of hourly assignments, an upfront payment/deposit will be taken where we need to work on the client-server. This payment is non-refundable deposit as we need to allocate a Fablian team member for your paid hours, either you provide the details of work or taking time in providing the assignment details. If you want to cancel the assignment kindly intimate the fablian team within 12 hours of making the payment, else no refund will be considered in any case.
In the case of our SEO/SEM services, we have flexible payment plans as per the agreed terms & conditions in which a customer can make next month’s payments after reviewing the performance of the previous work. However, due to the nature of the business, SEO companies including our company cannot offer a guarantee of targeted rankings/traffic/sales. You can make your next payment for a new project after satisfying our current service and performance of work.
Due to the nature of its services, Fablian Technologies does not guarantee any refunds upon cancellation. In the case of the monthly payment, it is understood that payment for next month is released only after reviewing the current month’s performance. Fablian Technologies does not make any guarantees on the basis of traffic/rankings etc. and will not be held responsible for any refund claims thereof.
We will sometimes review these Terms to make sure they accurately reflect developments in our business processes. We reserve the right to update and revise these Terms at any time. Please review these Terms regularly because once we post any changes, your continued use of the Services constitutes your acceptance of the revised Terms.