Definitions
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- Project: A ‘Project’ is any work undertaken or service provided by Briaux IT Solutions to a Client upon request and based on the confirmation received from the Client.
- Client: A ‘Client’ can be a person, persons, business or organisation using any of the services provided by Briaux IT Solutions
- The Company: ‘The Company’ means Briaux IT Solutions mentioned in any part of the document.
- Third Party Applications: Any image, text, software or other applications that is owned by a third party and used in creating the products.
- Domain: ‘Domain’ is the web address (URL) as specified by the Client.
- Hosting: It is a service to keep a Client’s website active on the Internet.
- Terms of Use
The information and other services provided are subject to the terms of agreement between client and Briaux IT Solutions. Briaux IT Solutions at sole discretion change these Terms and Conditions of Use, including our Privacy Policy, with or without notice to the User. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of our Service and this Site following any such modification makes up your acceptance of these changed Terms.
- The Client agrees to:
2.1 Provide the Company, within a reasonable timescale, everything that is requested from to complete the Project ¬ including text, images and other information.
2.2 Provide the Company with text and images in the format as specified by the company, Briaux IT Solutions
2.3 Review the Company’s work, provide feedback, and sign-off approval in a timely manner.
2.4 Try to adhere to all agreed deadlines.
2.5 Adhere to the payment schedule laid out on our prices page or agreed separately for bespoke work.
2.6 Advise, in advance, of any confidential information to be presented by email, written or verbal, between both parties. Also, for this to be marked as ‘confidential’ in the email’s subject or on any written documents.
- The Company agrees to:
3.1 Carry out services in a professional and timely manner.
3.2 Try to adhere to any deadlines agreed between the client and the company.
3.3 Make a reasonable number of revisions to the design, layout, colours etc., until the client is satisfied with the design concept or such time as both parties feel an agreement is likely to be reached but only 2 major revisions.
3.4 Additional revisions or design work outside the project will be charged separately.
3.5 Endeavour to complete requested website revisions or updates within 2 working days wherever possible.
3.6 Contact you to discuss the various options open to you for continuing website maintenance and support and/or hosting.
- Terms and Conditions in General
4.1 Briaux IT Solutions shall start no website project without receiving the contact details of the client (Name, Address and Telephone Number). To switch the website on live, it’s mandatory that the address proof needs to be provided.
4.2 We will begin the work of your website only when the client agrees to the terms and conditions stated in our website and making the initial payment towards the website build.
4.3 Briaux IT Solutions will carry out work only when both the parties (the client and the company) come to a verbal or written agreement. A written agreement is signed by both the Client and the Company.
4.4 Briaux IT Solutions will carry out work only for clients 18 years above.
4.5 Quotations submitted by Briaux IT Solutions shall remain open for acceptance by the Client for 15 (fifteen) days from Date of Proposal (unless some other period is specified in the Quotation) or until when the company withdraws the Quotation.
4.6 The minimum period for any ongoing website services purchased will be 12 months.
4.7 Briaux IT Solutions will start work on a project only after receipt of 50% deposit of the quoted project fee from the Client or otherwise as agreed by Briaux IT Solutions The final 50% payment is to be paid upon completion of the work.
- Website Design Policies on Content and Images
5.1 Briaux IT Solutions will ensure that the website, any scripts or programs in it are free of errors. Briaux IT Solutions cannot take up responsibility for any losses incurred because of malfunction within the website or any part of it.
5.2 Any scripts including PHP scripts, dot net scripts, graphics, web program, web applications or software (unless specifically agreed) written by Briaux IT Solutions remain the property of Briaux IT Solutions until all payments are made in full. On purchasing the source code from Briaux IT Solutions, the property of ownership gets transferred to the client.
5.3 Briaux IT Solutions cannot take responsibility for any copyright infringements caused by materials submitted by the Client towards the project and once the website is open to the public.
5.4 We reserve the right to refuse any copyrighted material unless adequate proof of permission to use such material.
5.5 The Client agrees and guarantees that all texts, graphics or other artwork furnished to Briaux IT Solutions for the web design project are owned by the Client, or that the Client has permissions to use from the rightful owner.
5.6 The Client agrees to protect and defend Briaux IT Solutions and its subcontractors from any claim or suit arising from the use of such elements furnished by the Client.
5.7 We will use opensourse images from Internet. If any extra requirement on images may arise, the client has to provide or purchase from third party.
5.8 The client needs to approve all the images used on the website before the site is live. It will not hold Briaux IT Solutions responsible for any issues on images used on the website.
5.9 The Client agrees to make available, as soon as is reasonably possible to Briaux IT Solutions all materials required completing the site to the agreed standard and within the set deadline of 10 days. If the Client fails to supply required materials within this specified time, Briaux IT Solutions holds the right to cancel the project.
- Third Party Services
6.1 Briaux IT Solutions 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 by the site owner. E.g. any disputes regarding content/images that have been provided to us for inclusion on the site.
6.2 Briaux IT Solutions will not be liable for any costs incurred, compensation or loss of earnings because of the work carried out on behalf of the Client or through any appointed agents.
6.3 Briaux IT Solutions will not be liable for any costs incurred, compensation or loss of earnings because of the unavailability of the site, its servers, software or any material provided by its agents.
6.4 The Client has to supply a brief description, navigation requirements about their web project and also has to supply texts, contents, images, payment gateway details, any third party software and applications to be integrated in the website.
6.5 The Client should pay any fees or charges for the third party software, applications and stores like eBay. The Client should pay any third party advertisement campaigns like Google AdWords, yahoo, etc.
6.6 Briaux IT Solutions provide integration with any third party software (ex: Google API, Payment Gateways, etc.) Upon the interest or as requested by the client for an additional cost.
- Software Application and Development
7.1 Briaux IT Solutions cannot take responsibility for any losses incurred by the use of any software created for the Client. Whilst it takes maximum care to ensure products are problem free and accurate, the ultimate responsibility lies with the Client in ensuring that all software is functioning correctly before the use.
7.2 When applications or sites developed on servers not recommended by Briaux IT Solutions, 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 required to develop, it is the responsibility of the client to provide a suitable testing environment for the final product.
7.3 We expect the Client to fully test any application or program on the site developed by Briaux IT Solutions before we make it live and open to the public.
7.4 If “bugs”, errors or other issues are found, after it makes the site live, Briaux IT Solutions will endeavour to correct these issues to meet the standards of function outlined in the brief, as per the clause 18.
- Source Code Copy and Using Third Party Hosting Providers
8.1 If you like to move the hosting to another provider, or you want a copy of the full source code of the project, you should pay Briaux IT Solutions 30% of the total project cost. The source code includes all the files, images and our own codes we developed incorporating our years of experience.
8.2 We cannot provide support on third party hosting platforms. If you move the hosting to another provider. There will be an extra payment for any support needed, if we can provide so, or to fix any issues that may arise during shifting the hosting. Briaux IT Solutions cannot be held responsible for any error that may occur on third party server.
8.3 Once we agree and you pay the 30% of the total project cost, we will give you a downloadable link where you can download all the files including Data base.
8.4 If our company is planning to dissolve or stop trading, we will give you the source code completely free of cost.
- Backups and Files
Briaux IT Solutions is not responsible for taking backups or saving any files of the website. The client has to do necessary arrangements for the same. If the client requests backups, we can provide it for a nominal fee which is fixed then.
- Post Project Alterations
The company takes responsibility for providing support for bug fixes in the programming for a duration of one year free of cost. After one year, all services would be charged.
- Copyright and Intellectual Property Rights
11.1 The Client keeps the copyright to data files and graphic logos provided by the Client. However the company also reserve the right to permit Briaux IT Solutions to display and link your completed project as part of our portfolio, and to write about the project on other web sites, in the magazine or e-zine articles, books, written or digital publications of any design and source. Please inform us in advance of the website going live if you DO NOT want us to add your site to our portfolio of work.
11.2 The copyright to the markup, CSS files, other code that may have been used by us for you, or certain images that the company may have supplied to or for you are licensed to you in connection with this web design project, and will be licensed solely to the domain name on which the website files reside. If you own the domain name, then you own the copyright.
11.3 The Client is further responsible for granting Briaux IT Solutions permission and rights for use of the same and agrees to indemnify and hold harmless Briaux IT Solutions from all claims resulting from the Client’s negligence or inability to get proper copyright permissions.
11.4 A contract for website design and/or placement shall be regarded as a guarantee by the Client to Briaux IT Solutions that all such permissions and authorities have been obtained. We may request evidence of permissions and authorities.
11.5 You are solely responsible for getting all necessary intellectual property rights. This will regard your proposed domain name and merchant service agreements.
11.6 As per the Intellectual Property Act, Briaux IT Solutions will not copy or duplicate the business model or software programme created for any clients and the clients will be the sole owner of the websites/software created exclusively for their clients by Briaux IT Solutions And the Client agrees and guarantees that all texts, graphics or other artwork furnished to Briaux IT Solutions for the web/software/app design project are owned by the Client, or that the Client has permissions to use from the rightful owner.
- Website Hosting
12.1 Whilst Briaux IT Solutions offers hosting services, it can make no guarantees to the availability or interruption of this service.
12.2 Briaux IT Solutions cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or loss of turnover, sales, revenue, and profits
- Hosting Renewal
13.1 When a Client renews “hosting” with Briaux IT Solutions, this also includes Domain renewal if it needs the renewal to keep the site functioning.
13.2 If the Client do not renew the Domain, it will make the Domain name available to the public for purchase and Briaux IT Solutions cannot hold the public for purchase and Design liable for this.
13.3 Renewal of “hosting” is due yearly. The date of renewal will be annually from the date the client purchased the website.
13.4 The “hosting” will not be renewed if Briaux IT Solutions cannot contact the customer or if the customer does not request to renew.
- Hosting Renewal Charges
14.1 The hosting renewal charge must be received within 30 days of the hosting expiry date. We reserve the right to deactivate any website where the hosting has expired, and the client has not paid the renewal charge. It sets an admin fee for re-activating the website/ hosting.
14.2 You can set up to 5 e-mails free during the first year of hosting according to proposal terms.
14.3 Briaux IT Solutions reserve the right to refuse to handle any material which may be deemed offensive, illegal or in any way controversial, and even end the free hosting service should the necessity arise.
- Support on third party server
We will give the source code in a zip file. If the client wants us to set it up on a third-party server, we will charge according to requirements. Briaux IT Solutions cannot provide support for technical issues if the client is on a third-party server.
- Customer Obligations
16.1 The Client should agree to co-operate with and assist Briaux IT Solutions in performing the services requested; under this agreement and will provide the resources necessary for Briaux IT Solutions performance as specified in the work order.
16.2 The Client will make available to Briaux IT Solutions at least one qualified staff member who has the authority to act on behalf of the Client.
16.3 The staff will provide information and data concerning Client’s operations and activities, advise on requirements and provide access to facilities at all reasonable times during performing the services.
16.4 The Client has to provide a proof of address and landline number to make sure that the Client’s website activities are carried out from the Indian postal address.
- Maintenance
17.1 Briaux IT Solutions provides 30 days continuous testing of the site for resolving any form of human-error. After this period, we will consider any obligations under the contract as fulfilled, and the contract concluded.
17.2 Any changes to the website following the testing stage and the conclusion of the contract will be charged separately.
17.3 Briaux IT Solutions offers a hosting and maintenance package that will accommodate basic changes to the site (text and project photos). Please enquire with one of the Briaux IT Solutions representatives.
17.4 A free support and maintenance excluding changes, additions or alterations will be provided for 1 year if you allow us to put our logo/link at the bottom or footer of your website.
- Software Upgrades
18.1 Briaux IT Solutions take-up the responsibility to notify the client if of any major or minor software upgrades.
18.2 The company will ask the client to upgrade the software only if it demands urgent attention and affect the smooth functioning of the website. We will charge any support done during the upgrade process extra.
18.3 Briaux IT Solutions also notify you if of any minor software upgrades which then left to the client’s discretion. We will charge any minor software upgrades done on the website extra.
- Compatibility
Briaux IT Solutions will ensure that any developed/designed site or application will function correctly on the server when installed and viewed with any web browsers.
- Regular Website Testing
20.1 Briaux IT Solutions agrees to provide the client with a regular website testing service for one month after the website is live. Any testing – regular or partial on the website after this period is to be managed by the client.
20.2 If the client wishes Briaux IT Solutions to continue the testing service, they should inform the company and we will manage it at an additional cost.
- Search Engine Optimisation (SEO)
21.1 Due to external factors, such as changes in the way search engines rank websites, we cannot offer any guarantee regarding the position your website would achieve. The process of optimising the website itself (on-site optimisation) will bring in more traffic and you will see increased visits to your site naturally. We cannot accept liability for the drop in your website’s ranking in the major search engines. Changes in algorithms of the search engines or the factors they used to rank websites shall reflect on a website’s ranking.
21.2 We always use ‘white hat techniques’ when optimising websites and aim to achieve the top ten rankings within six months after undertaking the project. But we cannot offer any guarantee regarding the position we would achieve within 6 months.
21.3 Due to the amount of work involved and personnel required, it requires payment in advance.
21.4 We do not offer refunds for this work. Every fortnight, we send you a performance & analytics report tracking our efforts and results.
21.5 We do the basic search engine optimisation (SEO) for all the sites we develop. But for keywords with heavy competition, this may not be enough to achieve desired rankings, and we may need to do advanced SEO.
21.6 Your site’s ranking will also be affected if any of your competitors are doing SEO for their sites. Even if we do advanced SEO, it will take about six months to get all the keywords to the top positions.
21.7 We have a dedicated SEO team with ample experience, and we always keep ourselves updated with the latest trends in SEO.
- Data Entry
22.1 If you need data entry works on your website, Briaux IT Solutions can do the full data entry works for an extra cost.
22.2 Briaux IT Solutions will do the data entry works on CMS websites only if it is mutually agreed between the client and the company.
- Refund Agreement:
23.1 Full refund will be made on the initial payment paid by the client, only if the initial designs are not accepted by the client. Once the initial designs are accepted and approved by the client, we will only refund the 50% of the initial payment made by you, before starting the programming. And no refund will be made in the final stage of the project or while the project is going live, unless there is a serious technical issue which Briaux IT Solutions is not able to solve and fix.
23.2 There is no hidden or extra cost, other than the agreed website development price. For any extra points or changes other than what mentioned in the development scope in the proposal, there will be extra cost which will be mutually discussed and agreed in prior.
- Indemnity
You agree to indemnify and keep us indemnified against all losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses), or liabilities, suffered because of any third party legal action or threatened action in relation to Intellectual Property Rights infringement.
- Payment of Accounts
25.1 Briaux IT Solutions will not do any free content editing which is notified after 30 days a site is made live. The charges will dependent on the complexity of the work.
25.2 The Client shall make all payments because of Briaux IT Solutions by cheque or by banker’s draft, in cash or through an electronic transfer direct to the company’s bank account or through the third party payment gateways like UPI, GooglePay etc.
25.3 If the Client pays no amount for Briaux IT Solutions under this Agreement on the relevant due date, a default interest rate, as specified by the Late Payment of Commercial Debts (Interest) Act 1998 shall be added (from the day after the due date until receipt).
25.4 It requires a deposit from any new client before any work is being carried out. Any outstanding payments for the work carried out by Briaux IT Solutions or its affiliates are to be paid in full no later than 30 days from the invoice, unless by prior arrangement with Briaux IT Solutions
25.5 Once a deposit is paid and work completed, you must pay the balance payment in full. We will contact clients via email or telephone to remind them of such payments if they do not pay their dues.
25.6 If accounts are not settled or client did not contact Briaux IT Solutions to inform regarding the delay, access to the client’s website may be denied and it will remove web pages. We will pass such cases to the Small Claims Court to pursue payment.
25.7 Following the consistent non-payment of an invoice, our Solicitors will contact the Client in question with a view of taking the matter further through legal procedures, and through court summons.
25.8 Briaux IT Solutions will start work on a project only after receipt of 50% deposit of the quoted project fee from the Client or otherwise as agreed by Briaux IT Solutions The final 50% payment is to be paid upon completion of the work.
25.9 We will not refund the deposit once the work started and after 14 days of the project. It will switch the website to Live Mode once the Client pays the remaining balance in full.
25.10. Interest on late commercial payments – The late payment fee will be levied on the final invoice and should be paid within 30 days from the invoice.
- Your Privacy
We do not share or sell any of your details with any third-party companies without your expressed permission or knowledge. We will only email you or contact you about work-related matters.
- Complaints Procedure
27.1 Informal procedure: Anyone who experiences a problem with their web service should raise the matter using our online contact form, by giving sufficient information to locate the material (such as a URL) and outlining the grounds for complaint. Briaux IT Solutions will approach the individual responsible for the material in question with a view of resolving the matter to the satisfaction of the complainant.
27.2 Formal complaints procedure: We should only use the formal complaint procedure where the complainant feels that the nature of the complaint is too serious to be dealt informally. Or, where a satisfactory conclusion has not been reached after following the informal procedure. We should make a formal complaint in writing to Briaux IT Solutions, who will acknowledge the receipt and ensure that the matter is looked into as soon as possible. We can expect an initial response to any complaints within seven days of its receipt; It should complete a full and considered response to the complaint within 30 days and any subsequent remedy implemented with minimum delay.
- Termination of Service
28.1 We may end this agreement if you do not pay the amount due or with any outstanding payment dues.
28.2 We may end this agreement upon written notice if you breach any of these terms and conditions, and if you do not correct the breach within seven (7) days following a written notice from us. The same applies, if you are a company that has gone into insolvent liquidation or a person declared bankrupt.
28.3 On termination of the agreement, we shall be entitled to immediately block your website and to remove all the data in it. We will hold such data for seven (7) days and allow you to collect it at your expense; Failing will lead to deleting all the data. We shall further post such notice regarding the non-availability of your website, as we think it is right.
28.4 We may end or suspend any website which is deemed to cause a disruptive service to our Clients.
28.5 You may end your account with us if we cannot resolve any technical issues or problems concerning our services within a reasonable amount of time. You will receive a refund for the rest of the contract term. However, we will not provide a refund for any used services.
