1. Contract: The clientâ€™s approval for work to commence shall be deemed a contractual agreement between the Client and Yo!Kart. 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.
Whereas, Yo!Kart is in the business of providing Consultancy and allied Services on Computer based Information Technology, to its clientele, including any affiliates, subsidiaries, divisions of Yo!Kart's clients and customers (hereinafter referred to as "Customers") and Yo!Kart is in the business of producing Softwares, Designs, Software Planning Documents/Diagrams and Creative works for its Customers â€“ whether copyrightable/patentable or not (hereinafter referred to as "Productâ€ or "Productsâ€)
Now THEREFORE, in consideration of mutual promises, covenants and conditions set forth herein, The parties hereto agree to the terms mentioned in this agreement/proposal.
Important: Payment of the advance fee indicates that the client accepts these terms and conditions, and approves to commence the work.
2. Usage of Yo!Kart Services/Products/Solutions: Client agrees not to use the Yo!Kart services/products delivered for any business which is harmful to the society or children or is illegal. Further the Client is fully responsible for all and any content published/distributed or allowed to be published/distributed through the Clientâ€™s website whether hosted on servers owned/maintained by Yo!Kart or by the Client himself. Client shall execute best possible precautionary and security measures to restrict any illegitimate use of the services/solutions precured from Yo!Kart.
3. 1 Year Free Technical Support: Yo!Kart provides 1 year free technical support for following kind of issues:
Above support is not available if the errors/bugs arise due to any external entity. Examples:
Above support is not available for following kind of instances, unless otherwise specifically covered in the scope of project and/or deliverables:
4. Photography and graphics: Both the parties agree to abide by the following terms:
5. Browser compatibility: Yo!Kart makes every effort to design pages that work flawlessly on most popular current browsers i.e. latest version of IE/FireFox/Chrome released on the date of project agreement. However, Yo!Kart cannot be held responsible for pages that do not display acceptably in newer versions of browsers released after pages have been designed. IE11 and older IE versions are outdated browsers and hence we donâ€™t design with them in mind. We recommend using latest version of Chrome or Firefox instead of older versions of Microsoft Internet Explorer. Yo!Kart can work on improving UI/UX for older versions of Internet Explorer for an additional charge.
6. Search Engine Submission: Following services are not part of the project unless agreed otherwise in writing:
7. Site maintenance: Unless otherwise agreed in writing, following services will be separately billed after the website has been made live:
8. Content: After Yo!Kart 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 Yo!Kart team while uploading/posting the content/information/images on clientâ€™s website, Yo!Kart will correct it if reported to Yo!Kart representatives.
9. Material: All material supplied by the client shall remain clientâ€™s property. Yo!Kart rightfully believes that this material belongs to the client and that it does not breach any copyright laws. Under no circumstances shall Yo!Kart 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.
10. Domain names booked by Yo!Kart on behalf of client: Yo!Kart provides domain name consultancy if required. Domain names registered by Yo!Kart on the clientâ€™s behalf are property of Yo!Kart until client has paid for the domain booked and any fee involved.
Yo!Kart agrees to transfer such domains to the client or his/her agent when asked to do so provided that all accounts have been settled.
Note: Domains booked and owned by client are not subject to this term. This term applies only to those domains which are booked by Yo!Kart upon the request of client.
11. Travel Time and Expenses: Travelling time to and from the client premises is not generally included in our estimate. If a visit/travel is required for meeting, the client will bear all the expenses or as agreed by both the parties.
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 Yo!Kart before a formal application for registration is made. Examples of 3rd party fees are as under:
13. Examples of work: Unless negotiated otherwise, Yo!Kart retains the right to list/display the client name and logo with or without work performed (Design/Development/Online Promotion) for the Client in its 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 Yo!Kart 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
16. Payment Terms:
17. Cancellation: Both the parties reserve the right to cancel the project at any stage.
18. Penalty Clause
(A) Penalties applicable on Yo!Kart :
Yo!Kart agrees to finish the project as per the detailed project scope agreed to, within the agreed timeline. If there is the delay in finishing the project, Yo!Kart agrees to the penalty of X % of the original project price for each week delay in submitting the Project for the final review to the client. If the Yo!Kart delays the project submission for clientâ€™s final review by more than 8 weeks, then Client can request for cancellation of the project and seek the full refund, however, the refund amount shall not exceed the originally agreed project price (excluding the Amount Charged for additional requirements and change requests). Amount charged for additional requirements/change requests shall not be refunded.
X% = 50/Project Duration Weeks (Calendar Weeks); X% should not exceed 4% unless otherwise explicitly agreed to.
Penalty Amount/Refund applicable shall be adjusted against/out of the pending amount owed by the client towards Yo!Kart/AblySoft and any remaining amount shall be refunded to the client via wire transfer or PayPal or any other mode of payment as per mutual agreement.
Once full refund has been issued, the project shall be marked cancelled and Yo!Kart shall be relieved from all liabilities towards the client and client shall not make any claims, objections, demands from Yo!Kart for any loss or damages incurred at his/her end due to the delay. Yo!Kart shall own all rights on the work done, designs, scripts, documents, other outputs and elements created for the project and client shall not use any of the work, scripts, designs, documents already delivered. Client shall be liable to pay full project price in case Client uses or copies any piece of the work, design, script, elements and documents produced by Yo!Kart for the project.
(B) Responsibilities applicable on Client:
Client should provide all comments, feedbacks, suggestions about the project scope during the Detailed Project Scope Documentation phase; subsequently any changes or modifications or enhancements done to the project scope would be additionally chargeable with or without delivery timelines revision. And if there are changes which are accepted by Yo!Kart without additional charge, timeline should extend by the number of days required to implement those additional non-billable items.
19. Delayed Response From Client Side: Unreasonable delays from client side in providing the required feedback/information/data to finish the project shall exempt Yo!Kart 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 Yo!Kart to forfeit the payments made towards this project.
In case, during the project duration, the client does not maintain communication with Yo!Kart for more than 30 calendar days, client agrees that the project/services shall be deemed as received and accepted by the client, and the client further authorizes Yo!Kart to mark the project completed and invoice the client for remaining un-invoiced amount as per the total project price agreed.
However, Client can instruct Yo!Kart to put project on hold provided:
20. Escalation: Yo!Kart ensures you get right assistance to resolve issues in a timely manner. If your concerns are not entertained to your satisfaction, you can escalate critical issues to higher level of management. You may follow the below-mentioned escalation matrix to avoid any delay or discomfort in the event of dissatisfaction.
21. 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.
22. Share in profits from business or sale of business: After client makes the agreed payment for the project, Yo!Kart will not claim share in clientâ€™s profits from business or from sale of business to some other company.
23. Copyright/Ownership Rights: Yo!Kart will retain the copyright of any material, including design, artwork and the source code, created for the client by Yo!Kart. Yo!Kart reserves the right to retain the copyright on all material created by Yo!Kart unless otherwise agreed between the two parties in writing. As per the agreed terms client owns rights on following items:
24. Ownership of Code and Intellectual Property Rights: Unless otherwise agreed, Yo!Kart is the owner of the source code and the intellectual property rights and reserves the right to reuse the code for other projects. Following terms shall be applicable and obliged:
25. Termination of the agreement: If either party terminates this Agreement for any reason, the parties will continue to perform all of their respective obligations under this Agreement
26. Single Domain License: Unless otherwise agreed, client agrees to setup the scripts delivered only on one domain, one sub-domain (wip.yourdomain.com) and localhost. However if client wish to run same website on different domain/sub-domain, then client has to purchase separate license for each domain/sub-domain.
No license would be required for Add-on Domains that will point to the main domain where this system will be implemented. All add-on domains will be forwarded to the main domain from the hosting server and no additional license would be required for these domains.
For every new domain or sub-domain , client has to buy a separate license.
27. License Validity Period: Limited period license is issued initially. After 6 months from the date of full payment, life time license is issued. Feel Free to contact Yo!Kart Support Team, in case your license has expired and payment has been made in full, such issues will be resolved on highest priority.
28. No recurring costs of license: There is no renewal/recurring license fee. However, if client wishes to run same website on different domain or sub domain, then client has to purchase separate license for each domain or sub domain.
29. Use of encrypted files: Unless otherwise agreed, Yo!Kart can use own framework (code library in encrypted format) for web applications development for making source code of our intellectual property/scripts secure from other programmers; faster turnaround time; and bug free application development. Client will be provided with detailed documentation for using framework (code library functions). With the help of documentation provided, other programmers can modify the website functionality. Yo!Kart framework is collection of functions related to Database Manipulation, Images/Files Management, Paging, and Form Builder etc. which looks like PHP Functions but have different syntax than default PHP functions. Other willing and efficient PHP programmers can learn and practice these functions/framework within 2-4 days.
Note : In no event, Yo!Kart 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 Yo!Kart has been advised of the possibility of such damages. Despite the best efforts of Yo!Kart, errors in web page information may occur. At no time will Yo!Kart be held responsible for accidentally including erroneous information, extending beyond correcting the error.
Should Yo!Kart waive any of these terms on an individual basis, this shall not affect the validity of remaining clauses or commit Yo!Kart to waive the same clause on any other occasion.
By agreeing to these terms and conditions, your statutory rights are not affected.
Yo!Kart 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.
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