Terms of service

Terms of service

Definitions:

  1. Definitions:
    1. Client – Any company or individual requesting services of Affordable Budget Websites
    2. Service Provider – Affordable Budget Websites
    3. Hosting company – Company appointed by service provider for hosting and related work.
    4. Payment Vendor – company with whom the service provider tied up to receive money from clients.
    5. Vendors – companies offering or selling software/hardware/services through the service provider.
    6. Order – Work for execution given by the client to the service provider.
  2. General:
    1. Affordable Budget Websites will carry out work only where an agreement is provided either by order form, email, or post. Affordable Budget Websites 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 Affordable Budget Websites and the client, this includes email agreements.
  3. Scope:
    1. This agreement shall apply to all goods and/or services ordered by the client from Affordable Budget Websites. Regardless of the place of signing of this agreement, the client agrees that for purposes of venue, this agreement was entered into in Chennai, Tamilnadu, India.
  4. Payments:
    1. The service provider will collect 100% up-front payment of the total fee is due  from the client prior to commencement of services . However this condition can be relaxed to certain clients on case to case basis.
    2. Credit Card orders will commence on receiving the authorization from the credit card company. Paypal / CCAvenue orders will commence after receiving the confirmation from the respective payment gateways.
    3. The service provider reserves the right to terminate the services of any kind / deactivate the web site, being offered to its clients due to non receipt of payment dues of any kind without prior notice.
      Renewal account are advised to pay the annual charges before due date of their accounts to avoid deactivation.
    4. 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.
    5. Any payment returned by the bank or credit card company will incur a 12.2% administration charge. This will be invoiced and will be added to the total outstanding debt owed by the customer.
  5. Design Process :
    1. Validity of Web Space / Domain name registration is for 1 year from the date of account creation / date of registration unless otherwise specified.
    2. The service provider will take all the required steps to develop designs for the clients up to their satisfaction. The client's preference if any, in respect of colours to be used as well as logo, symbols, specific visual etc. would be incorporated on advice. Interaction facility such as feedback, order form will also be provided if required. However the service provider will not be responsible for any losses incurred by the client for any malfunction or error happened in the work.
  6. Navigation:
    1. A navigation system will be designed, highlighting important sections with suitable links to enable easy access to all visitors.
  7. Uploading:
    1. The web developers will prepare two different layouts* to enable the client to choose the one according to his liking. These layouts will be exported as images and uploaded on our server without converting them to HTML format to enable the client to view the two layouts and give his final approval as to which has to be used.
  8. Time Limit :
    1. The client is requested to cooperate in our design work in their own interest by giving their final approval for the layouts on submission from our end. The client is expected to give their approval within three days maximum from the date of receipt of the layouts.
  9. Optimization :
    1. The layout that has been finally approved by the client will be converted to HTML formats and optimized for the web. The site would be transferred to the client's URL. ( on receipt of full and final settlement of payment from the client if any)
    2. The website, designs and script will remain property of the service provider until payments from client are paid full. The logos and designs of vendors used in the service provider’s website continue to be the property of respective vendors.
  10. IMPORTANT:
    1. Whilst we endeavour to ensure that everything is as requested, it is the client's responsibility to check and inform us of any errors as soon as possible. Fixes requested after 4 weeks will be charged at the standard hourly rate or based on your package. Once the website has been made live, please spend some time checking that everything is working correctly.
    2. This checklist is for your guidance.
      1. Are all your emails working correctly – send/ receive some test emails.
      2. Check that the ‘contact us’ forms on the website send emails to the correct address and that you are receiving them.
      3. Check all pages display correctly.
      4. Are all telephone number, emails and address on the website correct.
      5. If relevant are your vat/ tax and company details displayed in the footer.
      6. Check for typos and spelling mistakes.
      7. Is your analytics account picking up the user stats correctly? This can take a few days to start working.
      8. You should check to see if your website is being indexed by Google. This can take a number of weeks. You can check by entering your full website URL into the Google search and checking that the results do point to your website.
    3. The website, graphics and any programming code remain the property of Affordable Budget Websites until all outstanding accounts are paid in full. Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by Affordable Budget Websites remain the copyright of Affordable Budget Websites and may only be commercially reproduced or resold with the permission of Affordable Budget Websites.
  11. Liability:
    1. The service provider cannot take responsibility for any copyright infringements caused by material submitted by the client. We reserve the right to refuse any material submitted by the client without mentioning the reason. The required material has to be submitted to the service provider for execution of work at the agreed time frame.
    2. The service provider will not be responsible for client’s website activities in any way.
    3. The service provider will not be liable for any costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
    4. The service provider has to right to accept or deny any work given for execution by the client or prospective client.
  12. Compatibility:
    1. Affordable Budget Websites will endeavour 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 Mozilla browsers, such as Firefox and to an acceptable level with Microsoft Internet Explorer. Affordable Budget Websites can offer no guarantees of correct function with all browser software as they constantly change.
  13. Assignment of web design project:
    1. The service provider will use their own resources or deploy freelancers or any other company to complete the client’s work.
    2. It’s the client’s responsibility to test the services provided by the service provider before using it.
  14. Domain Registration Services:
    1. The service provider will act as an agent in acquisition of a domain name (or names) on a customer's behalf. Where no sufficient customer details are initially supplied, Affordable Budget Websites will register the name using our details until such details are available.
    2. In the case complete website and development project the rights of domain name panel will be held with The service provider. We will act in good faith as advised by customer in terms of administrative contact, billing contact, etc. and endeavour to provide payment reminders to customer via e-mail in reasonable time before re-registration is due. Customers however accepts that this is dependent upon the information being supplied to us / received by us from the relevant registration bodies in timely fashion, and indemnify us against any losses, liabilities, costs and claims as a result of late / non receipt of such information.
    3. Only on full payment has been made ownership of the domain name will be the customers, otherwise the domain name will remain the property of The service provider until such time as payment is made. However even if the registrant status is with The service provider, the client takes the full responsibility for the due course actions of the project.
    4. Renewal of domain got to be made at least fifteen days prior to the expiry of the domain name, Unless renewed, the domain shall automatically get deleted on the expiry of the period and The service provider will not be held responsible for any loss of data due to negligence of client in keeping a track of expiration of contract. The service provider also provides automatic administrative renewal for the domain every year for which the client is expected to make the payment immediately on presentation of the invoice for renewal.
    5. The service provider will not charge to transfer a domain into our services (i.e. so that we maintain it for you) unless costs are involved. In such cases customer agrees to meet such costs. However a specific amount as fixed time to time will be collected for transfer of domain and transfer of services from The service provider.
    6. If the client already holds a domain we will need full control panel details to link the domain to the hosting. A nominal fee will be levied to cover our time. If the details supplied by the client are not correct then an alternative domain will be selected by The service provider and the client will need to contact their provider to link the domains.
  15. Hosting Services:
    1. The service provider will not be responsible for any downtime of website for any reason. However greater care will be taken for availability of server uptime. Affordable Budget Websites also reserves the rights for making temporary suspension of hosting accounts for maintenance purposes, during which the website will not be available online.
    2. The Client account cannot be used for any of the following purpose : Spamming or sending UCE ( unsolicited commercial mail ), software piracy, distribution of  pornographic material, hacking or attempting to use machine or network resources for unlawful / illegal purposes. Any account violating these rules will be terminated immediately and no refunds will be issued, not withstanding penal provisions under the Indian Cyber Laws enacted by the Government of India from time to time.
    3. The service provider is committed to a zero tolerance policy in cases of gross illicit material, including child pornography. If any such material is found we will report your details immediately to the relevant authorities, and also provide them the material evidence concerned.
    4. Accounts used for Spam will be charged $100 per complaint received plus any expenses incurred in cleaning up after the Spam.
    5. The service provider has all the rights to interrupt the services offered to the client for reasons like non-payment of dues, renewals, subscriptions, fees etc. and also for any misuse of the site for any illegal activities.
  16. Bandwidth / Processor Utilization Policy:
    1. Any account which consistently exceeds its disk quota will be asked to upgrade to the next level package. Similarly, accounts which place a great level of stress on a machine through excessive CPU usage will be asked to upgrade to a higher level package. We reserve the right to suspend any process immediately which uses considerable amounts of CPU time and RAM. Refusal to upgrade or to bring system usage within account parameters may result in the termination of the offending account.
  17. E-mails:
    1. The service provider insists that the customers should use its servers / services only as a online platform for data transfer / data transmission to show up   their Web sites and to send / receive e-mails. Affordable Budget Websites brings to the notice of customers that its servers / services should not be used for   storage purpose and does not guarantee the Back-up of Web Sites / Databases / E-Mails. Affordable Budget Websites insists that the customers should keep the  copies of their data on their own computers.
    2. The service provider ensures that the Mail Boxes of its customers are dynamically sized within the plan size to send and receive messages with attachments normally below 2 MB through Web Mail Access & 10 MB through Mail Clients, such as Outlook. Mail Space on the server is purely not for storage purpose. Customers are required to use the e-mail clients such as Outlook Express to Send / receive messages and to store the messages on their local machines to ensure that the mail boxes on the servers are free from accumulated storage. Web Mail Access should only be used as a remote access facility and not for storage purpose. Affordable Budget Websites does not guarantee for the Back-up of stored E-Mail Messages.
    3. Clients must safeguard their account passwords to prevent unauthorized access to their account. If any information is lost due to a client not protecting their passwords Affordable Budget Websites will not be held responsible.
  18. Copyright and Trademarks:
    1. The client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Affordable Budget Websites for inclusion in the web design project are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect and defend Affordable Budget Websites and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.
  19. Other
    1. Content: It is the clients' responsibility to provide digitally all content for the website. Ideally the content should be provided as a word document (A4 size web pages with maximum of 600 words per page ). Any specific images required must also be provided to our registered address/Emailed to us.
    2. Link to us: The Affordable Budget Websites link must remain in the footer area of the client's website.
    3. Portfolio: The service provider reserve the right to feature your website on our portfolio as displayed on our website. This is also good for you since we will also provide a link through to your live website.
    4. The service provider reserves the right to alter, amend or change these policies at any time. All accounts are required to comply with any changes made   to these policies while their accounts are active.
    5. The client can send their complaints by email to the service provider for necessary rectification of complaints.
    6. Service specifications, Packages and pricing subject to change without notice.
    7. All the graphic designs like logo, stationery etc. and websites created by The service provider for its clients will be sent to the respective clients only through e-mail or FTP upload.
    8. Orders once placed cannot be terminated or transferred
  20. Law:
    1. These conditions and all other express terms of contract shall be governed and construed in accordance with the laws of India. Any dispute will be litigated or arbitrated in Chennai, Tamilnadu, India.
  21. Electronic Commerce Laws and Cuber Laws:
    1. The client agrees that the client is solely responsible for complying with such laws, taxes and tariffs, and will hold harmless, protect, and defend Affordable Budget Websites and its subcontractors from any claim, suit, penalty, tax or tariff arising from the client's exercise of Internet electronic commerce.
  22. COPYRIGHT
    1. The designer / artist is the owner of all files and artwork created for the client. All designs, concepts, slogans or other materials displayed by the designer, which are not selected will remain the full property of Affordable Budget Websites.. Prices and Policies are subject to change without notice.
  23. Any legal issues will be handled by law of courts, Chennai, India.

We welcome any queries or requests you may have regarding this Privacy Policy. Please do not
hesitate to contact us at :info@AffordableBudgetWebsites.com