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Terms & Conditions

PROJECT TERMS

  • All estimates/quotes are based on our understanding of your requirements and as per given time-frame. Any changes to the functionality including micro-improvements may incur additional costs accordingly. Please ensure and clarify our understanding in discussions.
  • By accepting a quote, you agree to and accept the terms and conditions of SmileyHub Web Technologies Acceptance can be by email, payment of Initiation, signing a quote.
  • Clients to ensure that we have included all the requirements in the quotes/proposals/estimates and that we fully understand their requirements. Clients must provide us with clear guidelines along with the flow or specific details they may require. When such details are not provided, we will proceed with our understanding of the requirements and quote accordingly. At a later stage, if a discrepancy arises, it may lead to additional costs to accommodate the changes. Thus, it is essential that you clarify every aspect of your website development and ensure that you have been quoted on the right requirements.
  • Any complexity related to specific tasks must be advised in advance and included in the proposal for costing purposes. We operate in good faith and rely on our clients to disclose the full picture at the time of quotation. Any discrepancy arising due to unclear requirements will not be borne by SmileyHub Technology.
  • There are limited man-hours allocated to each task including Project Management and Digital Strategist/Business Analyst. Minor changes may be included within the allocated hours. This will be analyzed on a case-by-case basis.
  • SmileyHub Technology will make every effort to complete the project/changes in the given timeframe. Reasonable delays are accepted if functionalities are redefined or modified.
  • Any delays at client’s end, may delay the project and proposed timeframes and may incur additional costs.
  • Any bugs (programming errors) reported during or just after the development does not attract additional charges.
  • Any re-work on an already completed task will attract additional charges. Any changes in the design after the design approval will incur additional charges.
  • Any modifications requested during the development or after the Go-Live approval will incur additional charges. All additional work, over and above the estimates is charged separately. Under no circumstances will SmileyHub Technology be liable for any delays caused by a change in the project brief.
  • Website/application content and all related materials need to be provided to us within the first two days of starting the project. Any delays thereafter may delay the project and may incur additional charges if it goes beyond reasonable timeframe.
  • Our websites/applications are generally tested on PCs and include in recent versions of following browsers: IE, Firefox, Chrome & Safari. If you require testing to be done on any other browser, please let us know in advance.
  • Responsive/multi-device compatible web pages are tested on iPhone and iPads. If you require testing to be done on any other device, please discuss it in advance.
  • If your website/application is not hosted on  SmileyHubserver, any additional man-hours that may be required due to any server or network related issues are not covered in our quotes and may be charged separately.
  • Please note that at any stage during the project, stalling of the project for over two calendar months will incur $2000/week administration costs. Furthermore, it may increase the previously approved estimates. If you require the project to be put on hold, please advise us in writing in advance. To put the project on hold without incurring additional charges, we will need the account to be up to date based on the work done. Further details can be discussed in such a situation arises.
  • The codes can be handed over at an additional cost for use once all previous invoices are settled, on the condition that the codes are used only for use or modification for re-use for further development for the specified client or subsequent owners of that legal entity. Under no circumstance, the codes will be allowed to be used for re-selling or duplication purposes.
  • SmileyHub Technology owns copyrights of all codes written for any client unless arrangements are made prior to the start of the project. SmileyHub Technology warrants a license to use any custom-built software for the client, for their use only. This license is granted while paying for the hosting. SmileyHub Technology CMS cannot be transferred to any external host; this includes any access to the software codes.
  • The website or software application will be designed to be deployed on the web, via using a commercial grade web-server or a similar setup. Based on your website traffic, the website may not perform if deployed on a generic office network environment.
  • Depending upon the functionalities required, there may be 3rd party components such as Third Party Payment Gateways or SSL certificates involved in building a website/application. Although SmileyHub Technology does its best in recognizing the suitability of any such component, any unforeseen limitations of 3rd party components are beyond our control. Any third-party component purchase costs (such as SSL, Payment gateway, Google Adwords, Plug-in licenses etc) are not included in our quotes.
  • SmileyHub Technology takes no responsibility of any open source products such as WordPress, Open Source carts, Joomla etc unless purchased under SmileyHub Technology. It is clients responsibility to update all components and third-party software. We suggest you take regular back-ups to avoid any disruptions.
  • SmileyHub Technology offer packages in coordination with third-party providers. Changes to the third party provider rules and policies may ultimately affect the services we provide or the terms and conditions herein.
  • The client must recognize that at times there may be unforeseen circumstances that will delay the development process, particularly with reference to the integration of third-party software. We will try our best to complete the project as agreed in the proposal. As long as it is within a reasonable period, the client agrees not to penalize us for any genuine delay, when every effort to keep the project on the proposed schedule is taken.
  • Domain registration/renewal etc charges are not included as a part of any project/proposal unless mentioned otherwise. If required, a quote for which will be submitted separately and approved by the client.
  • Hosting charges are not included in the quotations unless mentioned otherwise. SmileyHub Technology can organize an appropriate hosting solution if required, a quote for which will be submitted separately and approved by the client. Where clients decide to organize their own hosting, we should be consulted before finalizing the type of hosting and database, as it should meet the requirements of the technology used for the development. Please note that we’ll require full access with hosting support for testing and deploying the application. SmileyHub Technology will not be liable for any delays or errors caused by direct or indirect actions of the hosting company.
  • SmileyHub Technology generally builds and tests the websites/applications on our own servers or hosted domains. SmileyHub Technology cannot give access to their test servers and test websites to the clients or any third party. The website/application can be transferred-off to a nominated 3rd party server upon full payment of all invoices and dues.
  • Notwithstanding any other provision in the agreement, in consideration of the Customer entering into this agreement with SmileyHub Technology, upon full payment of any outstanding invoices, SmileyHub Technology will grant an unconditional license to the Customer to reproduce, publish, communicate, use, exploit, vary, or otherwise deal with 1) the graphics, 2) texts and 3) images used in the published website and associated of form and functionality. This will not include the intellectual property relating to the production of the website including the digital strategies, programming codes, database structures, scripts, forms or functionalities.
  • All communications/correspondences are generally done via emails. It is the client’s responsibility to keep us updated with their relevant email addresses.

DOMAIN TERMS

  • All domain registrations and renewals are to be paid in advance.
  • Expiration of a domain can result in a service disruption and loss of domain.
  • SmileyHub Technology will not be responsible if a domain expires due to non-payment / late payment of the charges. All payments must be made by seven working days before the expiry date.
  • It is the client’s responsibility to renew their domain names with us.
  • All invoices and dues must be paid in full before we release the requested domain name.
  • SmileyHub Technology has the domains in a common pool account and therefore cannot give access to its domain control panel.
  • SmileyHub Technology offer packages in coordination with third-party providers. Changes to the third party provider rules and policies may ultimately affect the services we provide or the terms and conditions herein.

HOSTING TERM

  • Hosting is an annual charge which must be paid in advance for the whole year. Except if the client is under one of our annual packages.
  • It is the client’s responsibility to renew the hosting in time ie. before the expiry date. Failure to renew in time can lead to loss of files, data, emails, backups etc. All unpaid hostings are disabled or deleted from the server.
  • All renewals must be paid by seven working days prior to the expiry date. SmileyHub will not be responsible for issues relating to delayed payment.
  • Hosting are on shared and non-shared servers hosted via third-party providers. SmileyHub Technologies ensures best to our ability that our systems and servers are protected from hackers, viruses, intruders and other online and offline problems, however, we will not be held liable for any disruption of services if such situation arises.
  • The client is solely responsible for the content stored on and served by the hosting service purchased and the activity of any scripts or email services created under the hosting service. The Customer must maintain the security of all account passwords and applications or scripts and ensure all scripts under the hosting service are free from malicious content that may harm any part of the Server, other client accounts hosted, or the external systems of visitors viewing the hosted content.
  • In case of a malware attack, SmileyHub Technologies reserves the right to delete files on the hosting service without giving any prior notice.
  • Cancellation/Termination:
  • Hosting Cancellation requests must be sent in writing or by email one month prior to the expiry of the same. Once the hosting has been renewed, it cannot be cancelled and must be paid for the full year.
  • If the hosting is not paid and renewed before the expiry date. We reserve the right to disable the hosting and all associated services including emails and DNS records. Additional charges will be applicable to re-enable the hosting. SmileyHub Technologies will not be responsible for any loss of data, files, emails, backups, restoration costs etc.
  • If a hosting has been cancelled / disabled then all files, emails, databases, and backups will be deleted from the server without any notification to the client.
  • Once all invoices are paid, it is the client’s responsibility to request for the files subject to the below:
  • SmileyHub Technologies CMS is a proprietary CMS of SmileyHub Technologies. SmileyHub Technologies owns copyrights of all codes written for any client unless arrangements are made prior to the start of the project. SmileyHub Technologies warrants a license to use any custom-built software for the client, for their use only. This license is granted while paying for the hosting. SmileyHub Technologies CMS cannot be transferred to any external host; this includes any access to the software codes. FTP and Control panel access is not provided if the website is using SmileyHub Technologies CMS.
  • SmileyHub Technology CMS is a proprietary CMS of SmileyHub Technology and cannot be transferred to any external host.
  • Emails:
  • All emails are to be downloaded on the client’s computer periodically. Email boxes must be kept within their quota limits. Periodical maintenance may be carried out on the email box and emails older than 6 months are deleted.
  • Client’s must not use the email hosting for inappropriate content and other undesired emails which can result in spamming or infecting the server. Under such circumstances, immediate action will be taken and the required files and data will be deleted without any prior notice.
  • SmileyHub Technology offer packages in coordination with third-party providers. Changes to the third party provider rules and policies may ultimately affect the services we provide or the terms and conditions herein.
  • Hosting are on shared and non-shared servers hosted via third-party providers. SmileyHub Technology ensures best to our ability that our systems and servers are protected from hackers, viruses, intruders and other online and offline problems, however, we will not be held liable for any disruption of services if such situation arises.

DIGITAL MARKETING STRATEGY TERMS

  • All digital marketing/strategy packages are for a minimum of 2 months period. Thereafter, cancel anytime with clear one-month email notice.
  • Packages are designed with keeping in mind the Digital Marketing/Strategy requirements of our clients. There are specific man-hours allocated each month and any unused man-hours are not rolled over to the next month. No third party software or marketing expenses are included.
  • SmileyHub Technology employs fair use policy, which means that although we don’t formally transfer over any unused time to the next month or formally accumulate unused man-hours, we do understand that your needs may change from month to month, and we allow flexibility in good faith sometimes.
  • Any extra hours used may be billed separately. Any urgent tasks will be charged separately.
  • Support requests need to be sent via email to support@websitica.com
  • Payment terms:
  • Payable by the 1st of every month. We strongly recommend our clients to have a direct debit set-up for the same.
  • An administrative fee will be charged to the clients account for any late payments or declined credit card charges.
  • There are absolutely no refunds for any fees related to the digital marketing/strategy package.
  • Termination:
  • All digital marketing/strategy packages are for a minimum of 2 months period. Thereafter, cancel anytime with clear one-month email notice.
  • SmileyHub Technology reserves the right to terminate at any time with written notice to the Client.

SEO STRATEGY TERMS

1) SEO is not a onetime activity like website development. It is an ongoing process. If you stop link building your rankings will eventually fall & so will be your revenue

2) SEO is a very time-consuming process. It may take anywhere from 4 months to 6 months to see results depending upon the competition. Hence the minimum contracting term should be of 4 months or 6 months (for when the competition is very high in your industry). Consequently, the best time for major performance evaluation and contract renewal should be 4 to 6 months.

3) No guarantee of no.1 ranking or consistent top 10 rankings for any keyword phrase as SEO has no control over search engine ranking algorithms and ongoing SEO efforts by competitors.

4) Search engines like Google may hinder the rankings of new websites until they have proved their ability to exist for more than X amount of time or have enough back-link strength.

5) The new website may get a temporary boost in ranking for some targeted keywords for a few days but then it settles down to its real place. This is known as a new site boost effect or Google Dance, and it is quite common to happen.

6) Search engines can drop rankings for no clear or predictable reason. Often such rankings re-appear without any SEO efforts.


7) A website search engine ranking can fluctuate any day, any time because of on-going changes in the ranking algorithm, SEO efforts made by the competitors or both.

8) No guarantee/warranty of project timelines, added expenses and end results if SEO work is destroyed either wholly or in parts, either knowingly or unknowingly by any party other than the

SEO himself or without the prior consultation/knowledge of the SEO. An SEO work is considered to be destroyed if the following changes are made to the website without first consulting the

SEO:

A) Renaming, re-locating, adding or removing any file, folder or subdomain on a web server including web documents, robots.txt, .htacess file, sitemap.xml, rss.xml, etc
B) Making any changes on an optimized web page.
C) Changing the head section of a web page like changing the title tag or certain tags required for website authentication
D) Adding, removing or modifying contents, functionality or a widget.
E) Changes in the anchor text.
F) Removing the google analytics code from the web page.
G) Changes in the site architecture.
H) Renaming URLs of a web document.
I) Linking out to any website without prior consultation of the SEO
J) Taking down the website or part of the website.
9) No guarantee/warranty of project timelines, additional expenses and end results if:
A) There is a server outage for a prolonged time.
B) The client fails to resolve SEO queries on time or make delays in providing required access, documents, permission or any support for SEO purposes.
C) The client fails to make necessary changes on the website as and when advised by the SEO.
D) The client refuses to educate himself about SEO.

CONTACT

3/489, Rangasamy Nayakar Street, Karapakkam, Chennai, Tamil Nadu 600097

EMAIL – info@smileyhub.in

CONTACT NO. – +91 9677085215

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