Client is solely responsible to take proper back-up of all content on their site prior to letting GosoftTechSolutions undertake the required course of action towards meeting the contract. Any loss or damage to existing data shall not be a responsibility of GosoftTechSolutions under any circumstances.
While GosoftTechSolutions will do its best to achieve all deliveries within the estimated time, there may, at times, be the need to extend or adjust time in cases of any unavoidable and non-forecasted situations like those of deployment issues, dependencies, 3rd-Party support, development bottle-necks, resource unavailability due to emergency, communication delays and the like.
GosoftTechSolutions will provide the Client an opportunity to review the appearance and content of the Web site during the design and once they are completed. GosoftTechSolutions shall wait for a period of 7 days to hear any feedback on such shared work/outputs from the client. In the event of client not replying within this perioed, such material will deemed to have been automatically accepted and approved by the Client.
A contract for Web site design and/or placement shall be regarded as a guarantee by the Client to GosoftTechSolutions that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
GosoftTechSolutions accepts payments by cheque, Cash or Bank Transfers (although we reserve the right to decline payment in any of these forms without notice).
A cancellation fee may be charged if the Customer cancels the Service prior to completion. The fee will be equal to the amount of work completed at the point of cancellation.
A non-payment of cancellation fee and/or over-due amount will result in legal action upon necessity.
No guarantees or warranties shall be provided by GosoftTechSolutions for the accuracy or performance of such 3rd-Party product/service.
Any upgrade in the 3rd-Party product/service being used in the project shall not be part of scope at Konstant. Such shall be addressed per feasibility and revision of price and time may be called for by GosoftTechSolutions.
GosoftTechSolutions will use reasonable skill and care in providing the Service. However, we make no representation and exclude any warranty, express or implied, as to the availability, quality, accuracy, timeliness, completeness, performance or fitness of the Service.
Except in the event of death or personal injury caused by our negligent acts or omissions, we shall not be liable in any way for any damages arising in contract, tort or otherwise in respect of loss or damage arising out of or in connection with this Agreement or operation of the Service. In no event will we be liable for any direct, indirect or consequential damages in contract or tort, including loss of profit, loss or damage to property or relating to claims made by third parties.
GosoftTechSolutions cannot make guarantees of service on behalf of third party organizations and will not be held liable for the failure in any service provided by third parties.
On completion of the Service (Website design and/or website development), the website will be uploaded to the Customer area of GosoftTechSolutions server for approval. Upon approval by the Client, the website will be uploaded to the destination server where the site shall stay. GosoftTechSolutions reserves the right to delay uploading of the website until full payment has been received.
All code and material developed will be transferred post completion of project and after sign offs. The code ownership will reside with the client after final payments.
GosoftTechSolutions holds the Right to publish and use the completed work and/or even the deployed final produce/website for references to other potential clients. In circumstances such is required to be withheld, client shall notify GosoftTechSolutions well in advance and request prior and proper approvals towards the same.
GosoftTechSolutions will aim to complete all services within the agreed timescale. The timescale will commence on receipt of both the agreed % deposit (ranging from 30% to 50% of the project price as mutually discussed and agreed prior to contract finalization) as acceptance and all website content from the Customer.
GosoftTechSolutions may need to extend any timescales due to circumstances beyond its control.
In the event any one or more of the provisions of this Agreement and/or Order shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement and/or Order shall be unimpaired and the Agreement and/or Order shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid, illegal or unenforceable provision.