Terms and Conditions @ Infinity Web Experts
Infinity web experts’ conditions apply in exclusion of any other terms or conditions of the Customer. Under no circumstances any variation to these conditions will be a binding on Infinity web experts or can be included in any contract until clearly accepted by Infinity web experts in writing.
Infinity web experts quotes price on estimated basis. A full brief of plan expectations should be provided beforehand, preferably in writing by the Customer to Infinity web experts before an estimate is prepared.
Delays can occur under the following circumstances:
- In the event contract is not signed off on accordance with schedule.
- In the event additional changes are requested or multiple changes are requested in several rounds.
- In the event delays in providing content and material by the customer to Infinity web experts.
All prices quoted by Infinity web experts are on estimation, in the absence of specific written agreement to the contrary. Infinity web experts’ quotations for project is estimated on the basis of applicable working hours at the current studio rate, plus materials, and any amendment on or after acceptance of proposal to acquaint any hike or fall in rates or material costs. Any additional charges or costs coming after alterations or additions to the contractual specifications or to project approved previously, charges of the same will be borne by the Customer. Any other expenses arising from any material sub-contracted on behalf of the Customer will be quoted separately.
Infinity web experts shall not be held responsible for any loss or damage, directly or consequentially, which might occur due to sub-contract of the project with any other person, which is in any way contributing to any delay in performance or completion of any contract between Infinity web experts and the Customer, finally resulting in delay and project incompletion.
All intellectual property rights in any material supplied and shared with Infinity web experts by the Customer to assist us in the project remains vested in the Customer and/or its licensors and partners. On completion of the project all material including database data, graphic design, app content and app layout remain the property of the Customer.
Any materials created by Infinity web experts along with the Modules, Components, Original Graphic Design files and software supplied by Infinity web experts remains the property of Infinity web experts and is provided on license to the Customer for use. The copyright once created or licensed will not be leased, resold, rented or put to use for any other means other than its intended use. Infinity web experts’ reserves the right to link your application back to Infinity web experts.
Work produced, on experiment or otherwise, upon Customer request is liable to be charged unless agreed in writing. If the Customer intends to terminate the project at this stage, a termination invoice will be drawn up claiming for charge incurred in time exhausted and materials up to this point.
Final demonstrations will be given by Infinity web experts to the Customer for all the approvals before it is out for publishing. When stamp of approval is given by the Customer in the form of a signature upon our approval stamp, it is assumed by Infinity web experts to have read all angles of the material demonstrated and to be satisfied with them, noting any exceptions in writing.
Infinity web experts’ assumes that the material is tested by the customer in full (User Acceptance Testing) before returning the “Sign Of” form to Infinity web experts. Hereby Customer understands that any changes made henceforth to the material after the signed form is returned will be liable for charges at applicable rates. We give 60 days’ trial period after hand over to the customer to intimate Infinity web experts of any implementation errors occurrences at this time should be brought into knowledge of Infinity web experts in writing. After 60 days period any changes, regardless of error, will be charged at an hourly rate.
Infinity web experts’ provides no warranties to the developed, tested and proved projects working at the time of hand over and then if it stops working due to circumstances beyond our control. This may include changes to software, hardware, plugins, updates, hosting services, Internet browsers, operating systems and any other third party products.
In the event that
- Customer apparently becomes insolvent (as per banks definition of Bankruptcy) or makes any arrangement with its creditors, or
- A petition or a resolution is passed to close up the customer (other than for the purposes of reconstruction or amalgamation as a solvent company), or
- A receiver is appointed over the whole or any part of the Customer assets or an administration order is passed for the Customer, or
- The Customer ceases to trading, or
- Any diligence, distress, execution or other process is levied or enforced against any property of the customer, then in any such event Infinity Web Experts’ shall (without prejudice to any other right or remedy available to it) be entitled to cancel any contract between itself and the Customer or suspend any further deliveries of goods or the provision of any further services under any such contract without any liability to the Customer and if any goods or services have been delivered or supplied but not paid for, the price of such goods and services shall become immediately due and payable, notwithstanding any previous agreement or arrangement to the contrary.
The Customer will not submit anything given by Infinity web experts’ whose use would curtail an unauthorised dealing with copyright material. In an event of any breach of contract in this condition executing in any unauthorised dealing, the Customer shall remain liable to pay all sums due to Infinity web experts’ under the relevant contract and shall further indemnify Infinity web experts’ against any loss, costs or expenses attributable to such unauthorised dealing.
Infinity web experts’ assumes that all the content applied in the application is proved by the client before the application is launched and any amount of changes can be made by the client before the application launching. Please note that we require a longer turnaround time for Apple app updates than for website updates, due to the process of approval and time required via the Apple App Store.
All copyright and other intellectual property rights in any project created, commissioned or taken by Infinity web experts’ in implementation of any contract between the applier(Infinity web experts’) and receiver(Customer) party shall remain with Infinity web experts’ until full payment are received. For this purposes, WORK applies and includes any programming, development, graphic/web design, artistic, literary or dramatic work within the meaning of the (amended) Copyright.
Under any contract between Infinity web experts’ and the Customer, ownership of any work provided to the Customer of any other goods delivered under any such contract, will not qualify to the Customer until payment in full of all sums due to Infinity web experts’ under such contract are made. The risk of damage or destruction of any item delivered to the Customer by Infinity web experts’ will pass to the Customer upon delivery, notwithstanding that ownership of the item has not then passed, and the Customer must ensure that all such items are adequately insured from the time of delivery.
Intellectual Property will be passed to the customer only after the payment has been received in full and a certificate of Assignment of Copyright will be issued to the customer at this time by Infinity web experts’.
Payments are to be made by the Customer at commencement of each stage. The full balance should be settled within 7 days after each invoice.
Maintenance rates are applicable if one of the following is met:
- The original application is created and paid in full.
- Otherwise given in writing by an Infinity web experts’ representative. Maintenance will be charged out at the hourly rate of $20 and will be charged at half hourly. A minimum charge of one and a half hour will applicable.
- Client wants to transfer the app, database and entire setup to some other company to take control, work carried out by Infinity web experts’ to facilitate this will be charged at the hourly rate of $20. After release no responsibility of the features functions and operations of the application or other system components is upon Infinity web experts’.
Prices quoted by Infinity web experts’ are exclusive of GST which will, when appropriate, are to be borne and paid by the Customers to Infinity web experts’ reserves the right to charge accumulating administration fees to any overdue accounts past 90 days. If payment is not made within 30 days Infinity web experts’ will suspend Customer’s application activity until the balance is paid in full.
Failure by the Customer to meet financial obligations will attract legal proceedings by Infinity web experts’ under these circumstances all legal costs and other administrative expenses will be recoverable in full by Infinity web experts’.
Infinity web experts’ might outsource any person, company or firm as a sub-contractor for the development of any item in terms with any original specification or other work produced by Infinity web experts’ for the Customer.