Terms And Conditions




This Web Site Design and Development Agreement is formed between the customer named overleaf(hereinafter referred to as Customer)and Intelligence Softec, a venture of 2013 registered firm Coupling Intelligence®(hereinafter referred to as Developer) having its registered office at Gr-1, Gupta Palace Muktanand-Marg, Vapi-396191(Guj.). When this form overleaf has been signed by the customer and Intelligence Softec has accepted the same with the conditions listed below:

1. Background Information
  1. The Developer is in the business of designing web sites and has experience in the industry.
  2. The Customer wishes to have a web site created meeting the specifications as explained by the marketing executive and wishes to have this web site available through the Internet.
  3. The customer is the current registered owner of the Internet domain name as specified by him in the CAF which shall be the URL at which the Web Site shall be located.

NOW THEREFORE, in consideration of the covenants set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree to the following:

  1. CREATION OF WEB SITE
    • Delivery Responsibilities of the Customer

Within desired number of days as requested by the customer, He will deliver content of the websites and other important items as explained by the marketing executive. He can attach the files in the form of .zip files in the company registered mail Id by your registered mail ID as mentioned by the customer in the form. He may also upload it to the Company website as directed by the marketing Executive.

  • Placement of Site During Development

Developer shall create a password protected access site to make the Web Site available for review by the Customer periodically through the development stage. Developer will notify the Customer of the location of the Web Site and the method for gaining access to the Web Site. The password assigned to the Customer shall be unique to the Customer and shall not be provided by either party to any other party except the Customer and the Developer.

  • Stages of Completion

Developer shall use its reasonable efforts to meet the completion as schedule. However, Customer acknowledges and agrees that any changes or deviations in the specifications, site plan, mock-ups, graphics, or any other element of the Web Site, and Customer delays in fulfilling Customer’s responsibilities, include delivering Site Content and promptly reviewing and commenting on completed work will lead to delays in the completion schedule.

  • Form of Delivery

The final Web Site shall be delivered to the Customer on the desired server as selected on the overleaf and hosted for viewing it globally.

  • Links

All links contained in the Web Site shall be tested and confirmed to be accurate prior to delivery of the final Web Site to the customer.

  • Acceptance Period

Customer shall have a period of 7 days following delivery of the final Web Site during which Customer may engage in testing of the Web Site. Customer shall notify the Developer no later than the 7 days following delivery of any items contained in the Web Site that do not conform to specifications. In the event that the Customer does not so notify the Developer within the 7 days period, Customer shall be deemed to have accepted the Web Site in all respects.

3. COMPENSATION FOR DEVELOPER SERVICES

Development Fee

In consideration of the services to be performed by the Developer hereunder, including the delivery of a completed Web Site meeting the specifications set forth and referred to herein, the Customer shall pay to Developer a total development fee (“Development Fee”) equal to amount as per the products selected by the customer.

3.1   Schedule of Payments

Customer shall pay to Developer, as per the current running scheme payment plan as explained by the marketing executive. But he has to pay 30% of the project value for initialization the development of the same project. The other payments shall be submitted by the customer as per the different phase of the project.

  • Cancelation/ Refundable amounts:

If the customer wishes to cancel the current project once the project has been started, the 40 % of amount will be deducted of the current project stage. This 40 % charge will be deducted for the service charge and registration charges for the project. The refundable amount will be paid within the seven days from the date of cancellation request approved.

  • Late Payment:

After each completion of project stage, the payment must be paid within 7 days from the date of payment request from the Developer. If undelivered of the payment on time may lead to pause in the development process of the website. Also if the payment is still undelivered without any suitable reason for more than 20 days, your project will be suspended and none money will be refunded in any case.

  1. DEVELOPER PUBLICITY
    • Developer Credit On Web Site

Following completion of the Web Site and final acceptance by the Customer, and for a period of [NUMBER] months after the Web Site is launched, Customer shall include a credit to the Developer on the home page of the Web Site. The credit to the Developer shall be designed and placed on the home page by the Developer but shall be in form and substance that is reasonably acceptable to the Customer. The credit shall also include a hypertext link to the Developer’s Web Site.

  1. PROPRIETARY RIGHTS TO WEB SITE
    • Creation of Web Site As A Work For Hire

The Developer hereby agrees that all materials that are part of the Web Site and that are created by the Developer, including but not limited to content, text, graphics, logos, pictures, code, scripts, algorithms, applets, audio, video and other materials (“Web Site Content”) shall be considered “works for hire.” As such, Customer shall be considered the exclusive owner of all proprietary rights, including but not limited to Federal Copyrights, in and to all such materials. For purposes hereof, the term “work for hire” shall have the meaning defined in the [COUNTRY] Copyright Act. Developer acknowledges and agrees that the Customer shall have all exclusive rights in and to the Web Site Content that are available to the author or owner of a [COUNTRY] copyright.

  1. No Assignment

The Services to be performed by Developer hereunder are personal in nature, and Customer has engaged Developer as a result of Developer’s unique expertise relating to such Services. Neither this Agreement nor any right, interest, duty or obligation hereunder may be assigned, transferred or delegated by Developer without the express written consent of Customer which consent may be withheld in the discretion of the Customer.

  1. Arbitration

Except as specifically provided in this Agreement, the parties agree that any dispute or controversy arising out of, relating to or in connection with the interpretation, validity, construction, performance, breach or termination of this Agreement shall be submitted to binding arbitration to be held in Vapi Judiction. The decision of the arbitrator shall be final, conclusive and binding on the parties to the arbitration. Judgment may be entered on the arbitrator’s decision in any court of competent jurisdiction. The parties shall each bear their own attorney fees with respect to such Arbitration but shall share equally the other costs and expenses of arbitration.

  1. GOVERNING LAW

In interpreting the terms of this Agreement, the parties agree that the laws of the State of  Gujarat  shall be applicable. All suits permitted to be brought in any court shall be in Vapi, [STATE/PROVINCE].

  1. ENTIRE AGREEMENT

This Agreement contains the entire agreement and understanding of the parties with respect to the subject matter hereof and supersedes and replaces all prior discussions, agreements, proposals, understandings, whether orally or in writing, between the parties related to the subject matter of this Agreement. This Agreement may be changed, modified or amended only in a written agreement that is duly executed by authorized representatives of the parties. If any provisions hereof are deemed to be illegal or unenforceable by a court of competent jurisdiction, the enforceability of effectiveness of the remainder of the Agreement shall not be affected and this Agreement shall be enforceable without reference to the unenforceable provision. No party’s waiver of any breach or accommodation to the other party shall be deemed to be a waiver of any subsequent breach.

  1. Time of the Essence

Both Parties recognize that time is of the essence in this Agreement and that the failure to develop test and deliver the deliverables hereunder in accordance with the Delivery Schedule shall result in expense and irreparable damage to the Customer.

  1. Force Majeure

Neither Party shall be deemed in default of this Agreement to the extent that performance of its obligations or attempts to cure any breach are delayed, restricted or prevented by reason of any act of God, fire, natural disaster, act of government, strikes or labour disputes, inability to provide raw materials, power or supplies, or any other act or condition beyond the reasonable control of the party in question.

  1. Partial Invalidity

Should any provision of this Agreement be held to be void, invalid or inoperative, the remaining provisions of this Agreement shall not be affected and shall continue in effect and the invalid provision shall be deemed modified to the least degree necessary to remedy such invalidity?

  1. No Waiver

The failure of either Party to partially or fully exercise any right or the waiver by either party of any breach, shall not prevent a subsequent exercise of such right or be deemed a waiver of any subsequent breach of the same or any other term of this Agreement.

  1. Headings

The section headings contained in this Agreement are for reference purposes only and shall not in any way affect the meaning or interpretation of this Agreement.

  1. Counterparts

This Agreement may be executed in counterparts, and each of which shall be deemed an original and all of which together shall constitute one and the same document

This Logo Designing Art Work  Agreement is formed between the customer named overleaf(hereinafter referred to as Customer)and Intelligence Softec, a venture of 2013 registered firm Coupling Intelligence®(hereinafter referred to as Designer) having its registered office at Gr-1, Gupta Palace Muktanand-Marg, Vapi-396191(Guj.). When this form overleaf has been signed by the customer and Intelligence Softec has accepted the same with the conditions listed below:

1. Background Information
  1. The Designer is in the business of designing logos and has experience in the industry.
  2. The Customer wishes to have a new logo for his company/organisation/firm/others for displaying or printing purpose.
  3. The customer is the current registered owner of the company/firm/organisation name as specified by him in the CAF overleaf.

NOW THEREFORE, in consideration of the covenants set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree to the following:

  1. Starting the designing Process
    • Delivery Responsibilities of the Customer

Within desired number of days as requested by the customer, he has to submit logo-designing form content related to the form as required.

  • Placement of Site During Designing

Designer shall create a password protected access site to make the logo available for review by the Customer periodically through the Designing stage. Designer will notify the Customer of the location of the logo on dedicated server and the method for gaining access to his logo. The password assigned to the Customer shall be unique to the Customer and shall not be provided by either party to any other party except the Customer and the Designer.

  • Stages of Completion

Designer shall use its reasonable efforts to meet the completion as schedule. However, Customer acknowledges and agrees that any changes or deviations in the specifications graphics, or any other element of the Logo Design, and Customer delays in fulfilling Customer’s responsibilities, include delivering Site Content and promptly reviewing and commenting on completed work will lead to delays in the completion schedule.

  • Form of Delivery

The final logo design will be delivered to the customer in the form of data burned in the CD with the encryption key which will be sent to him on his registered email id or mobile number.

  • Acceptance Period

Customer shall have a period of 7 days from the day of final logo as displayed on dedicated server as mentioned in section 2.2 for any correction. Customer shall notify the Designer no later than the 7 days for any correction. In the event that the Customer does not so notify the Designer within the 7 days period, Customer shall be deemed to have accepted the Logo in all respects.

3. COMPENSATION FOR DESIGNER SERVICES

Designing Fee

In consideration of the services to be performed by the Designer hereunder, including the delivery of a final Logo meeting all the specifications set forth and referred to herein, the Customer shall pay to Designer a total Designing fee (“Designing Fee”) equal to amount as per the products selected by the customer.

3.1   Schedule of Payments

Customer shall pay to Designer, as per the current running scheme payment plan as explained by the marketing executive. But he has to pay 40% of the project value for initialization the Designing of the same project. The other payments shall be submitted by the customer as per the different phase of the project.

  • Cancelation/ Refundable amounts:

If the customer wishes to cancel the current project once the project has been started, the 50 % of amount will be deducted of the current project stage. This 40 % charge will be deducted for the service charge and registration charges for the project. The refundable amount will be paid within the seven days from the date of cancellation request approved.

  • Late Payment:

After completion of final logo design, the payment must be paid within 7 days from the date of payment request from the Designer. If undelivered of the payment on time may lead to the late fine up to 3% of your total cost of logo per day. Also if the payment is still undelivered without any suitable reason for more than 20 days, your logo design will be trashed and none money will be refunded in any case.

  1. PROPRIETARY RIGHTS TO LOGO
    • Creation of Logo Design

The Designer hereby agrees that all design that is part of the Logo that is unique and has not been copied from any copyright resources. The customer can freely registered the final logo on the behalf of his company as soon as possible to prevent from the copying from the concept and design of the logo by other organisation or other party.

  1. GVERNING LAW

In interpreting the terms of this Agreement, the parties agree that the laws of the State of Gujarat shall be applicable. All suits permitted to be brought in any court shall be in Vapi.

  1. ENTIRE AGREEMENT

This Agreement contains the entire agreement and understanding of the parties with respect to the subject matter hereof and supersedes and replaces all prior discussions, agreements, proposals, understandings, whether orally or in writing, between the parties related to the subject matter of this Agreement. This Agreement may be changed, modified or amended only in a written agreement that is duly executed by authorized representatives of the parties. If any provisions hereof are deemed to be illegal or unenforceable by a court of competent jurisdiction, the enforceability of effectiveness of the remainder of the Agreement shall not be affected and this Agreement shall be enforceable without reference to the unenforceable provision. No party’s waiver of any breach or accommodation to the other party shall be deemed to be a waiver of any subsequent breach.