Definitions:
The Client : The company or individual requesting the services of NSimha Software Solution.
NSimha Software Solution : Primary designer/site owner & employees or affiliates.
General
NSimha Software Solution will carry out work only where an agreement is provided either by contract form, invoice, email, telephone, mail. NSimha Software Solution will carry out work only for clients who are 18 years of age or above. An ‘order’ is deemed to be a written or verbal contract between NSimha Software Solution and the client, this includes contract form, invoice, telephone and email agreements.
Website Design and Optimisation
- Whilst every endeavor will be made to ensure that the website and any scripts or programs are free of errors, NSimha Software Solution cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.
- The website, graphics and any programming code remain the property of NSimha Software Solution until all outstanding accounts are paid in full.
- Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by NSimha Software Solution remain the copyright of NSimha Software Solution and may only be commercially reproduced or resold with the permission of NSimha Software Solution.
- NSimha Software Solution cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.
- Any additions to the brief will be carried out at the discretion of NSimha Software Solution and where no charge is made by NSimha Software Solution for such additions, NSimha Software Solution accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions.
- The client agrees to make available as soon as is reasonably possible to NSimha Software Solution all materials required to complete the site to the agreed standard and within the set deadline.
- NSimha Software Solution will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
- NSimha Software Solution will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner.
- NSimha Software Solution will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents.
- NSimha Software Solution will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents.
- Once a website has been designed and completed the final balance of payment is then due in accordance with our payment terms. There are no exceptions to this, i.e If the client decides they no longer want the site, as they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been done. Non payment will result in legal action being taken if necessary.
Disclaimers and limitations on liability ….
- NSimha Software Solution shall not be responsible for URLs dropped or excluded by a search engine for any reason.
- NSimha Software Solution shall not be responsible for delays or failure of performance resulting from Internet Service Provider delivery problems or failure, or any communication or delivery problems associated with Client’s receipt of the Account Service data.
- NSimha Software Solution shall not be responsible for acts or causes beyond their control, including but not limited to: acts of God, strikes, lockouts, communications line or equipment failures, power failures, earthquakes, or other disasters.
- NSimha Software Solution do not represent or warrant that Customers’ URLs will achieve a favourable position, or any position, within a particular search engine.
- NSimha Software Solution do not warrant or represent that the use or the results of the use of the materials available through the NSimha Software Solution Services or from third parties will be correct, accurate, timely, reliable or otherwise.
- You expressly agree that use of the NSimha Software Solution Services provided hereunder is at your sole risk. These Services are provided on an “as is” and “as available” basis.
- NSimha Software Solution expressly disclaim all warranties of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose or non-infringement.
Notwithstanding the security precautions taken against disclosure of information, there are certain conditions that exist on the Internet generally which are outside NSimha Software Solution’ control and could result in a breach of security. Accordingly, NSimha Software Solution cannot guarantee that Your Account Service data information will be free from corruption or piracy.
You hereby expressly waive any claim against NSimha Software Solution arising out of the loss of data through corruption, piracy, breach of security or for any other reason that is not based on intentional or grossly negligent actions of NSimha Software Solution.
To the maximum extent allowed by law, NSimha Software Solution and any of their parents, members, subsidiaries, affiliates, service providers, licensors, officers, directors or employees shall not be liable for any direct, indirect, special, incidental or consequential damages (no matter how they arose, including negligence), or for interrupted communications, lost data or lost profits, arising out of or in connection with the Services provided hereunder. Further, NSimha Software Solution will not have any liability for any losses arising because the
NSimha Software Solution Services are not operational or accessible. This section does not limit liability for bodily injury of a person.
Database, Application and E-Commerce Development
- NSimha Software Solution cannot take responsibility for any losses incurred by the use of any software created for the client. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.
- Any scripts, cgi applications or software (unless specifically agreed) written by NSimha Software Solution remain the copyright of NSimha Software Solution and may only be commercially reproduced or resold with the permission of NSimha Software Solution.
- Where applications or sites are developed on servers not recommended by NSimha Software Solution, the client is expected to provide or seek any information, additional software, support or co-operation pertaining to the server required in order for the application to be correctly developed. Where large applications are to be developed, it is the clients responsibility to provide a suitable testing environment which is identical to the final production environment.
- The client is expected to test fully any application or programming relating to a site developed by NSimha Software Solution before being made generally available for use. Where “bugs”, errors or other issues are found after the site is live, NSimha Software Solution will endeavour (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief
Compatibility
NSimha Software Solution will endeavor to ensure that any developed/designed site or application will function correctly on the server it is initially installed in and that it will function correctly when viewed with the web browsing software Microsoft Internet Explorer Version 7 and to an acceptable level with Mozilla browsers. NSimha Software Solution can offer no guarantees of correct function with all browser software.
Website Hosting
Whilst NSimha Software Solution recommends hosting companies to host websites, no guarantees can be made as to the availability or interruption of this service by NSimha Software Solution cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss.
NSimha Software Solution reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial, and also to terminate the free hosting service should the necessity arise.
Payment of Accounts
Unless stated to the contrary in the Agreement, all sums that are to be paid to NSimha Software Solution by the Customer shall be payable in advance. Interest may be charged by NSimha Software Solution from 30 days after the date on which the payment in question fell due to the date on which that payment (including all applicable Interest) is paid in full and Interest shall be charged on a daily basis with reference to a year consisting of 365 days and with all unpaid Interest compounded Monthly.
If accounts are not settled or NSimha Software Solution have not been contacted regarding the delay, access to the related website may be denied and web pages removed, we will then pass such cases to the Small Claims Court to pursue payment, non payment can result in county court judgements (ccj’s) being added to the clients credit rating.
Following consistent non payment of an invoice our Solicitors will contact the client in question, with a view to taking the matter further and if need be to seek payment through legal procedures, and if necessary court summons.
Complaints Procedure
Anyone who experiences a problem with the web service provided by NSimha Software Solution should raise the matter directly with one of the directors of NSimha Software Solution by email or letter, giving sufficient information to locate the material (such as an url) and clearly outlining the grounds for complaint.
NSimha Software Solution will approach the individual responsible for the material in question with a view to resolving the matter to the satisfaction of the complainant.
Email Notifications
NSimha Software Solution shall send the Customer the following information by email to the specified email address: (a) future changes to NSimha Software Solution’s charges or fees; and (b) any additional terms and conditions or changes to the way in which the Service shall be run. NSimha Software Solution shall give the Customer no less than 30 days prior notification of those changes.
Limitation of Liability
NSimha Software Solution’s total liability to the Customer shall not exceed the aggregate of any sums paid to NSimha Software Solution by the Customer during the calendar year in which the applicable cause of action against NSimha Software Solution arose. Neither party shall be liable to the other for its failure to comply with its obligations under the Agreement caused by anything beyond its reasonable control.
Term of Agreement and Termination
The Agreement shall commence on the date of its execution and it shall last for the period agreed and paid for in advance. The Agreement may be terminated by either party, at any time, after giving 30 days’ written notice.
