Purpose of the Agreement: This document outlines the terms and conditions for website development services provided by smileyhub.in.
Definitions: Key terms used in this document, such as “Client,” “Developer,” “Project,” “Deliverables,” etc., are defined for clarity.
Clarifications: If the client chooses a readily available package, they need to ensure all requirements are mentioned in the package or Scope of Work (SOW) document. For any particular features needed, clients must verify with the team and get email confirmation before proceeding. For custom quotes/proposals/estimates, clients need to ensure that all requirements are clearly discussed in the recorded Zoom meeting to avoid discrepancies. Clients should not assume any feature will come as default unless explicitly mentioned.
Single Point of Contact: Coordination is feasible with only one designated person at a time. If a client wishes to involve multiple individuals in the project, internal discussions are encouraged, with input provided by only one person to our team.
Payment Schedule: Please refer to the SOW document for the payment schedule.
Scope of Revisions: The number of revision schedules depends on the package that is chosen. Refer to the SOW for the available revision schedules.
Additional Work and Change Orders: Any additional work or change requests beyond the initial scope will incur extra charges.
Estimated Completion Time: The project estimated completion time may vary based on the package. Please refer to the package document and SOW for specific timelines.
Delays and Extensions: Delays caused by the client’s late submissions or feedback will extend the project timeline accordingly.
Client Delays: If the client delays for 30 working days or more, or beyond what is allowed as per the SOW, the client must pay the balance payment to continue the project. If the balance payment is not made within 30 working days, the project will be lapsed. Once the balance is paid, the client will have 75 working days to finish the remaining work.
Ownership of Deliverables: Upon full payment, clients receive the rights to use the final design for the agreed-upon purpose.
Use of Third-Party Materials: Any third-party materials used will comply with licensing agreements.
Rights to Use Client Content: Clients guarantee that all provided content is free from copyright or trademark infringements.
Protection of Confidential Information: Both parties agree to keep all shared information confidential and not disclose it to third parties without consent.
Non-Disclosure Agreement: A formal NDA can be signed upon request if the project’s total value exceeds ₹50,000/-. A documentation fee of ₹5,000 applies.
Call Recording: Calls to our office number or calls from the designer for clarifications will be recorded for quality purposes.
Warranty on Workmanship: Website development services do not come with a warranty. Once the website is launched and delivered, the responsibility for maintaining and managing the website lies with the client or through AMC subscription.
Disclaimers of Other Warranties: We do not guarantee specific outcomes such as search engine rankings or increased traffic. Any performance metrics are subject to various factors beyond our control.
Cap on Liability: Our liability is limited to the amount paid by the client for the services.
Exclusion of Consequential Damages: We are not liable for indirect, incidental, or consequential damages.
Indemnification: Clients agree to indemnify us against any claims arising from the use of the website.
Termination by Client: Clients may cancel the project at any time, but the deposit is non-refundable unless covered by our refund policy.
Termination by Developer: We may terminate the project if the client fails to meet their responsibilities.
Effect of Termination: All work completed up to the termination date will be delivered to the client upon final payment.
Reviewing and Deleting Unwanted Elements: We conduct a comprehensive review of the website to identify and eliminate any unwanted content, posts, media items, and pages that may adversely impact SEO.
Verification of Links and Buttons: We meticulously examine all links within the menu, ensuring accurate hyperlinks. Additionally, we verify that all buttons correctly redirect to the intended pages.
Mobile-Friendly Testing: Our checks involve real-time testing of the website on Android mobile phones. If necessary, adjustments will be made to enhance mobile-friendliness. Please note that testing is performed on a single device.
Enquiry Form Functionality Check: We assess the functionality of the enquiry form, ensuring proper configuration to the designated email ID and verifying accurate routing.
Implementation of CAPTCHA: To mitigate spam emails, a CAPTCHA will be incorporated into the enquiry form. CAPTCHA serves as a protective barrier against abuse from automated scripts.
Design Guidelines Testing: We conduct a thorough examination of design guidelines to ensure proper functionality.
Client Responsibilities: The client must thoroughly test the website and report any bugs before launch, which will be resolved by our team.
Post-Launch Support: Upon the successful completion of the project and its launch, clients have one month (30 days) of complimentary support. During this period, we address any potential bugs at no additional cost. The extension of support beyond the initial 30 days is contingent upon the subscription to the AMC package, which covers bug fixing and security maintenance. Content changes or design editing support are subject to subscription to the appropriate package. All support queries should be directed to [email protected].
Maintenance Plans: Maintenance tasks include updating website software. We urge customers to subscribe to the AMC package or select a hosting package that includes AMC. The AMC package does not cover content changes or new pages. Delayed subscription beyond 60 days (two months) may incur additional testing charges.
Training: We provide informative training videos covering basic concepts to help customers manage their website. For in-depth training, clients can request a personalized quote.
Governing Law: This agreement is governed by the laws of Chennai, Tamil Nadu.
Mediation and Arbitration: Disputes will be resolved through mediation or arbitration before legal action.
Service Hours: All packages are based on estimated working hours. Any requirement exceeding these hours, as defined in the package or SOW, will incur additional charges or may be rejected. Prior written approval from the client is required for extra work.
Force Majeure: Neither party shall be liable for failure or delay in performance due to events beyond its control, such as natural disasters, strikes, or other causes. The affected party shall notify the other as soon as possible and take reasonable steps to mitigate the impact.
Amendments: Amendments to these terms will be published on our website.
Severability: If any provision is found invalid, the remaining provisions will still apply.
Assignment: Neither party may assign their rights or obligations without the other party’s consent.
Client Acceptance of Terms: By accepting a quote or paying advance payment, you agree to the terms of smileyhub.in. Acceptance can be by email, payment initiation, or signing a quote.
Signatures: Agreement is indicated by proceeding with services and making payments. Manual signatures are not necessary as this is a digital document.
The client agrees not to directly contact or solicit the designers or staff of smileyhub.in for future services. All requests for additional services, support, or modifications must be directed through smileyhub.in’s official channels. Any breach may result in termination of the service agreement and potential legal action.
Choosing Smileyhub means partnering with a team that is dedicated to your success. Here’s why we stand out:
