Please read these terms of service agreement carefully, as they contain important information regarding your legal rights and remedies.

Definitions

The terms “we”, “us” or “our” shall refer to Credesk.  The terms “you”, “your” or “Site Owner” shall refer to any individual or entity who accepts this Agreement.  Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

The Client: The company or individual requesting the services of Credesk.

Credesk: Primary designer/developer & employees or affiliates.

SRS: System Requirements Specification.

API: Application programming interface.

CGI: Computer Generated Imagery.

SEO: Search Engine Optimization.

CRM: Customer Relationship Management.

ERP: Enterprise Resource Management.

AMC: Annual Maintenance Contract.

General

Credesk will carry out work only where an agreement is provided on paper, or by email, mail or fax. Credesk will carry out work only for clients who are 18 years of age or above. An ‘order’ is deemed to be a written contract between Credesk and the client, and this includes email agreements.

All services provided by Credesk are in complete compliance with laws, rules and regulations, as is put in place by the Government of India.  Credesk will not accept projects, changes to the projects, or any work that would require actions by Credesk that are not in compliance with the law.

Credesk will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents.

Credesk is not obliged to provide any prior notice to the client in case of changes in administration or ownership.

Client understands that all Credesk will not be held responsible for improper or complete lack of functionality of third party services, made accessible by Credesk.

Misbehaviour, legal issues, corruption of any level, payment not made regularly or any, by the site owner / Client / you. Credesk has the complete authority to drop/cancel/end the project. Project / software / website will not be released and funds will not be repaid or any. This would void all agreement signed or agreed upon by the site owner / client / you with Credesk or its owners.

Duration – work hours

5 Days a week, 8 hours a day.

Quote Valid

This price quote is valid for 10 Days from the date mentioned above.

Website Design and Optimization

Whilst every endeavour will be made to ensure that the website and any scripts or programs are free of errors, Credesk cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it, beyond 3 months of service guarantee period, after the deployment of the project.  Credesk Recommends AMC.

The website, graphics and any programming code remain the property of Credesk until all outstanding accounts are paid in full.

Any additions to the brief will be carried out at the discretion of Credesk and where no charge is made by Credesk for such additions, Credesk accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions.

Changes to the SRS will only be encouraged before starting the development of the site.

Credesk will not accept changes in site architecture or layout once the development of the site has been started.

Client understands that the continued functionality of elements of the site, including but not limited to APIs, scripts and software, which are not owned or developed by Credesk depends entirely on the parent development company. Credesk will not be held responsible for compromises on or complete withdrawal of their functionality and is not obligated to ensure continued functionality of these after the delivery of the project.

Credesk will not be liable or become involved in any disputes between the site owner and their clients/partners and cannot be held responsible for any wrongdoing on part of the project owner.

Credesk has the right to use the content and other materials that it has developed in any other use or for display on its portfolio.

”Powered by Credesk” is a symbol of recognition that the product has been developed by Credesk, and Credesk has complete authority to publish it on the product anywhere and how it wishes to or mutually agreed upon.

Using of the “powered by Credesk” symbol by any company other than Credesk is strictly against the law.

Notwithstanding the security precautions taken against disclosure of information, there are certain conditions that exist on the Internet generally which are outside Credesk’s control and could result in a breach of security. Accordingly, Credesk cannot guarantee that the client’s data information will be free from corruption or piracy. You hereby expressly waive any claim against Credesk arising out of the loss of data through corruption, piracy, and breach of security or for any other reason that is not based on intentional or grossly negligent actions of Credesk.

To the maximum extent allowed by law, Credesk and any of their parents, members, subsidiaries, affiliates, service providers, licensors, officers, owners, directors or employees shall not be liable for any direct, indirect, special, incidental or consequential damages (no matter how they arose, including negligence), or for interrupted communications, lost data or lost profits, arising out of or in connection with the Services provided here under. Further, Credesk will not have any liability for any losses arising because the Credesk Services are not operational or accessible. This section does not limit liability for bodily injury of a person.

Service Guarantee Period

Service Provided by Credesk , after the deployment of the project to its respective owner , where in program to incur any malfunction in website , CRM or ERP , will be resolved at no extra cost . Service Guarantee period would not include any new modules or phase development and protection from Hacking or firewall corruption, recovery of data or database.

Product / project after Service Guarantee Period will be charged to resolve any malfunction*

Database, Application and E-Commerce Development

Credesk cannot take responsibility for any losses incurred by the use of any software created for the client. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.

Any scripts, CGI applications or software (unless specifically agreed) written by Credesk remain the copyright of Credesk and may only be commercially reproduced or resold with the permission of Credesk.

Where applications or sites are developed on servers not recommended by Credesk, 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 to be developed, it is the client’s responsibility to provide a suitable testing environment which is identical to the final production environment.

Credesk will not handle the administration of servers unless the client uses servers recommended by and contracted to Credesk. All administration, trouble-shooting, and compatibility checks for sites developed on servers not recommended by Credesk are to be done by the client.

The client is expected to test fully any application or programming relating to a site developed by Credesk before being made generally available for use. Where “bugs”, errors or other issues are found after the site is live, Credesk will endeavour (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief.

Compatibility

Credesk 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 softwares Microsoft Internet Explorer (Version 6, 7 and 8), Mozilla Firefox, Google Chrome, Apple Safari and to an acceptable level with Opera browser. Credesk can offer no guarantees of correct function with all browser software, and even with the optimized ones in case of unseen updates in the future.

Website Hosting

Whilst Credesk recommends hosting companies to host websites, no guarantees can be made as to the availability or interruption of this service by Credesk cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss.

Credesk reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial, and also to terminate the hosting service should the necessity arise.

3D Models/ Images/ Logo

All characters, models and CGI built by Credesk are fictitious. Any resemblance to real persons, living or dead, is purely coincidental.

Credesk takes all efforts to ensure that any CGI or graphic content, including but not limited to logos, 3D Models, Architectural Walkthroughs etc., used by or created by Credesk are non-offensive in nature and do not infringe copyrights. Any similarities to real persons, places, or other characters are not deliberate and are purely coincidental.

Payment of Accounts

  1.  50% of the total development fee will be paid by the client for Credesk to start the development.  Remaining amount will be paid after the completion of work or project / program / software.
  2. 30% of the total development fee will be paid by the client for Credesk to start the development. Another 30% of the total development fee will be paid by the client for Credesk after completion of 60% of given time frame to develop the product. Remaining amount will be paid after the completion of work or project/ program / software.

Any changes to the SRS during or post development will be charged extra for.

All the payments are Non-refundable.

Clients have the choice of choosing the either 1 or 2, for the payment module.

Clients making payments later than the promised date by up to 15 days will be charged 12% interest on the total development fee.

In cases of payment getting delayed by more than 25 days, or Credesk not being contacted regarding the delay, access to the related website will be denied and the web pages removed, with a message put up in place of the URL, mentioning the reason for the site being down. The clients will be charged an additional 18% interest of the total development fee in order to get this message down, and for the site to be uploaded again.

Site dropped during development due to any condition will be barred and flagged as a site pulled down due to non-payment. No refund of any money or submission of any developed content will be made in such a case.

In cases where Credesk is a part of the larger development group working on a project, Credesk will only submit the parts developed by it after the full payment has been made by the client. Technical support for the project and the part developed by Credesk will be provided after delivery of the parts developed by Credesk.

Failure to pay any outstanding invoice by specified due date will lead to suspension of services with reinstatement only upon receipt of payment. No refunds or credits shall be earned for lapse of payment.

Please Note: Total Development fee includes 10.3% Service Tax.

Domains and Hosting

Where the Hosting Servers are contracted to Credesk, Client understands that Client is responsible for all liability, obligations, and fees as specified in that agreement. Any issues regarding availability, purchase, renewal, maintenance or other support relating to Client’s Server Hosting should be addressed to Credesk. Credesk, however, will not be responsible for problems beyond the scope of its role as a Hosting space Reseller and Administrator. Client understands that Client has the right to take up issues, including but not limited to service, uptime, and security, with our Hosting Service partner.

Where the Domain Service is contracted to Credesk, Client agrees that Client shall be responsible for all fees concerning the Domain Service payable to our Domain Service partner and that Credesk may bill Customer for such fees. Credesk may collect such fees from Client for payment to our Domain Service partner but is under no obligation to do so.

Maintenance

Client agrees that Maintenance Services shall be paid for by Cash or Cheque on a quarterly basis, and automatically invoiced and billed for successive terms and payment for services. Failure to pay any outstanding invoice by specified due date will lead to suspension of services with reinstatement only upon receipt of payment. No refunds or credits shall be earned for lapse of payment.

Modification

Credesk reserves the right to change or modify any of the terms and conditions contained in this Agreement or any policy governing the Service, at any time. Client is responsible for reviewing any changes in this Agreement. Any changes or modifications to this Agreement will become binding (i) when made in a writing executed by both parties, (ii) by Customer’s acceptance of updated terms, or (iii) by Client’s continued use of the Service (not including AMC and after-sales support) after such terms have been updated by Credesk.

SEO

Client agrees not to target on single keywords or generic words. Credesk shall only optimize client’s web site for multiple word keywords. Credesk does not promote web sites that contain unlawful, illegal, or infringing information of any kind. Credesk reserve the right to refuse providing any services to the client by refunding the money.

Unless the client has purchased SEO Maintenance Plan, Credesk does not guarantee that the search engine positions that Credesk has obtained for the client will be permanent.

In order to create the optimized pages and submission pages for the client, the client authorizes Credesk to use all content related to client’s website. The client agrees to make available as soon as is reasonably possible to Credesk all materials required in completing the site to the agreed standard and within the set deadline.

The client agrees that Credesk makes no claims or guarantees regarding client’s number of visitors, or sales the web site may generate, and will not be held liable.

The client agrees to upload necessary optimized pages and/or submission pages files created by Credesk to the client’s web site, or to provide Credesk with access to web site files via ftp or equivalent and shall hold Credesk harmless for liability in the event of accidental data loss, corruption, and/or deletion.

Limitations on SEO

Credesk do not represent or warrant that Customers’ URLs will achieve a favourable position, or any position, within a particular search engine.

Disclaimers and Limitations of Liability

Client agrees that the service is provided “as-is” without any warranties of any kind, express or implied Service. Neither Credesk nor any of its founder/s, owner/s, officer/s, employee/s, agent/s, information provider/s, licensor/s, licensee/s, attorney/s, consultant/s or third party contractor/s, makes any warranty or representation whatsoever regarding the services or any aspect of its use by the client. Credesk hereby disclaims on behalf of itself and all its founder/s, owner/s, officer/s, employee/s, agent/s, information provider/s, licensor/s, licensee/s, attorney/s, consultant/s or third party contractor/s, any and all warranties, including without limitation any warranties regarding the accuracy and availability of content, products or services, and warranties of title or merchantability.

Any liability of Credesk, including without limitation, any liability for damages caused by any failure of performance, error, omission, interruption, deletion, defect, failure of delivery of merchandise, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorized access to, alteration of, or unlawful use of records, whether for breach of contract, tortuous behaviour, negligence, or under any other cause of action, shall be strictly limited to the amount already paid by the client to Credesk for the services. In no event shall Credesk be liable for any indirect, incidental, or consequential damages, arising out of this Agreement, the use or inability to use the services or for any breach of warranty.

Client understands and agrees that each service may contain bugs, defects, errors and other problems that could cause system failures. Consequently, the service including all content, software (including any updates or modifications to the software), functions, materials and information made available on or accessed through the service, and any accompanying documentation are provided “as is” and any use thereof shall be at client’s own risk. Credesk make no warranty of any kind, whether express, implied, statutory or otherwise, including without limitation warranties of merchantability, fitness for a particular use and non-infringement. Credesk assumes no responsibility for the proper use of the service. Credesk makes no representations about any content or information made accessible by the service. Credesk does not warrant that the functions contained in the service will be uninterrupted or error free. The service is not fault-tolerant and is not designed, manufactured, or intended for uses such as the operation of nuclear facilities, air traffic control or life support systems, where the failure of the service could lead to death, personal injury, or environmental damage (“high risk activities”).

Credesk shall not be responsible for URLs dropped or excluded by a search engine for any reason.

Credesk shall not be responsible for delays or failure of performance resulting from Internet Service Provider delivery problems or failure, or any communication. Credesk shall not be responsible for acts or causes beyond their control, including but not limited to: acts of God, strikes, lockouts, communications line or equipment failures, power failures, earthquakes, or other disasters.

Complaints Procedure

Anyone who experiences a problem with the web service provided by Credesk should raise the matter directly using our online contact form to do so, giving sufficient information to locate the material (such as an URL) and clearly outlining the grounds for complaint.

Credesk will approach the individual responsible for the material in question with a view to resolving the matter to the satisfaction of the complainant.