1. Contract: The client's approval for work to commence shall be deemed a contractual agreement between the client and Mphosys. The approval for the work can be through either an email confirming back the quote (with the quote document attached) or the quote document signed by the client.
Important: Payment of the advance fee indicates that the client accepts these terms and conditions, and approves to commence the work.
2. 1 Year Free Technical Support: Mphosys provides 1 year free technical support for following kind of issues:
Above support is not available if the errors/bugs arise due to any external entity. Examples:
3. Photography and graphics: Mphosys may use stock photographs and images while creating the website. Images and graphics purchased from stock libraries are not generally included in the quote and will be invoiced separately. Mphosys will keep the client updated about the stock images being used and the cost involved before raising the invoice.
4. Browser compatibility: Mphosys makes every effort to design pages that work flawlessly on most popular current browsers i.e. IE10 and IE11 and latest version of FireFox/Chrome released on the date of project agreement. We however cannot be held responsible for pages that do not display acceptably in new versions of browsers released after pages have been designed. IE8 and older IE versions are outdated browsers and hence we don't design with them in mind. We recommend using latest version of Chrome or Firefox instead of older versions of Microsoft Internet Explorer.
5. Search Engine Submission: Following services are not part of the project unless agreed otherwise in writing:
6. Site maintenance: Unless otherwise agreed in writing, following services will be separately billed after the website has been made live:
7. Content: After Mphosys has delivered the website to client, client is solely responsible for the content/information/images posted on his website. If there is any error or omission by Mphosys team while uploading/posting the content/information/images on client's website, Mphosys will correct it if reported to Mphosys representatives.
8. Material: All material supplied by the client shall remain client's property. Mphosys rightfully believes that this material belongs to the client and that it does not breach any copyright laws. Under no circumstances shall Mphosys be held responsible for any claims, damages, and loss of profit or reputation caused to client due to the use of material provided by the client.
9. Domain names booked by Mphosys on behalf of client: Mphosys provides domain name consultancy if required. Domain names registered by Mphosys on the client's behalf are property of Mphosys until client has paid for the domain booked and any fee involved.
Mphosys agrees to transfer such domains to the client or his/her agent when asked to do so provided that all accounts have been settled.
Note: Domains booked and owned by client are not subject to this term. This term applies only to those domains which are booked by Mphosys upon the request of client.
10. Travel Time and Expenses: Travelling time to and from the client premises is not generally included in our estimate. If a visit/travel is required for meeting, the client will bear all the expenses or as agreed by both the parties.
11. 3rd Party Add-ons/services/applications: All third party costs arising from the registration of a domain name/purchase of third party utilities/services shall be met by the Client and are payable to Mphosys before a formal application for registration is made. Examples of 3rd party fees are as under:
12. Examples of work: Unless negotiated otherwise, Mphosys retains the right to list/display the client name and logo with or without work performed (Design/Development/Online Promotion) for the Client in its respective portfolios and promotion materials. This over-rides all previous agreements and NDAs signed.
13. Quotations: The price quoted to the client is for the work agreed in the proposal document only. Should the client decide that changes are required after the project work has been initiated, then Mphosys will provide a separate quote for the additional work and may need to review the timescale for completing the project. Cost estimates and prices quoted are valid for maximum one month unless otherwise agreed.
14. Mode of Payment
15. Payment Terms:
16. Cancellation: Both the parties reserve the right to cancel the project at any stage.
17. Delayed Response From Client Side: Unreasonable delays from client side in providing the required feedback/information/data to finish the project shall exempt Mphosys from meeting the timelines mentioned in the quote. In case client does not provide required details/data/information within 15 working days, client agrees that the payments made towards the project will be forfeited and retained by Mphosys as full and final settlement against the work completed till date. Mphosys shall not be liable to deliver any files to client if client is not traceable or not responsive for 15 working days.
18. Time Estimates: Client agrees that stipulated timelines cannot be met if the project scope is changed by client once the project scope document is finalized. Client agrees not to change the requirements without extending the original agreed timelines by minimum 1 week against each change request.
19. Share in profits from business or sale of business: After client makes the agreed payment for the project, Mphosys will not claim share in client's profits from business or from sale of business to some other company.
20. Copyright/Ownership Rights: Mphosys will retain the copyright of any material, including design, artwork and the source code, created for the client by Mphosys. Mphosys reserves the right to retain the copyright on all material created by Mphosys unless otherwise agreed between the two parties in writing. As per the agreed terms client owns rights on following items:
21. Ownership of Code and Intellectual Property Rights: Unless otherwise agreed, Mphosys is the owner of the source code and the intellectual property rights and reserves the right to reuse the code for other projects.
22. Single Domain License: Unless otherwise agreed, client agrees to setup the scripts delivered only on one domain, one sub-domain (wip.yourdomain.com) and localhost. However if client wish to run same website on different domain/sub-domain, then client has to purchase separate license for each domain/sub-domain.
No license would be required for Add-on Domains that will point to the main domain where this system will be implemented. All add-on domains will be forwarded to the main domain from the hosting server and no additional license would be required for these domains.
For every new domain or sub-domain , client has to buy a separate license.
23. License Validity Period: License comes without expiry date as long as it is for single domain. (Only for Mphosys Products)
24. No recurring costs of license: There is no renewal/recurring license fee. However, if client wishes to run same website on different domain or sub domain, then client has to purchase separate license for each domain or sub domain.
25. Use of encrypted files: Unless otherwise agreed, Mphosys can use own framework (code library in encrypted format) for web applications development for making source code of our intellectual property/scripts secure from other programmers; faster turnaround time; and bug free application development. Client will be provided with detailed documentation for using framework (code library functions). With the help of documentation provided, other programmers can modify the website functionality. Mphosys framework is collection of functions related to Database Manipulation, Images/Files Management, Paging, and Form Builder etc. which looks like PHP Functions but have different syntax than default PHP functions. Other willing and efficient PHP programmers can learn and practice these functions/framework within 2-4 days.
Note : In no event, Mphosys shall be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate these Web pages or website, even if Mphosys has been advised of the possibility of such damages. Despite the best efforts of Mphosys, errors in web page information may occur. At no time will Mphosys be held responsible for accidentally including erroneous information, extending beyond correcting the error.
Should Mphosys waive any of these terms on an individual basis, this shall not affect the validity of remaining clauses or commit Mphosys to waive the same clause on any other occasion.
By agreeing to these terms and conditions, your statutory rights are not affected.
Mphosys reserves the right to change or modify any of these terms or conditions at any time, but agreements signed prior to the updates in this agreement remains unaffected. Please feel free to contact us for more info/clarification about any of the terms and conditions mentioned above.