OVERVIEW
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 Video face to face meeting.
By accepting a quote, you agree to and accept the terms and conditions of Spiderwiki Technologies (Spiderwiki.com). Acceptance can be verbal, by email, payment of Initiation.
Clients to ensure that we have included all 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 Spiderwiki.
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 analysed on a case-by-case basis.
Spiderwiki 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 Spiderwiki be liable for any delays caused by change in the project brief.
Our websites/applications are generally tested on PCs and include near 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 a Spiderwiki Hosting, 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.
Spiderwiki software codes (not including open source software) are copyrights of Spiderwiki Technologies. 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.
Spiderwiki CMS is a Custom built CMS by Spiderwiki Technologies. Spiderwiki owns copyrights of all codes written for any client, unless arrangements are made prior to start of the project. Spidewiki warrants a license to use any custom built software for the client, for their use only. This license is granted while paying for the web hosting. Spiderwiki CMS cannot be transferred to any external web hosting; this includes any access to the software codes.
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 Spiderwiki does its best in recognising 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.
Spiderwiki takes no responsibility of any open source products such as WordPress, Open Source carts, Shopify etc. It is clients responsibility to update all components and third party softwares. We suggest you to take regular back-ups to avoid any disruptions.
Spiderwiki offer packages in co-ordination with third party providers. Changes to the third party provider’s rules and policies may ultimately effect 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.
Spiderwiki generally builds and tests the websites/applications on our own servers or hosted domains. Spiderwiki 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.
Nothwithstanding any other provision in the agreement, in consideration of the Customer entering into this agreement with Synapse, upon full payment of any outstanding invoices, Synapse 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 client’s responsibility to keep us updated with their relevant email addresses.
SPIDERWIKI DOMAIN NAME REGISTRATION AGREEMENT
All domain registrations and renewals are to be paid in advance. Expiration of a domain can result in service disruption and loss of domain.
Spiderwiki 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 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.
Spiderwiki has the domains in a common pool account for Clients who cannot able to make a purchase or lack of knowledge of Web services or purchases the services through our support. Spiderwiki cannot give access to its domain control panel.
Spiderwiki offer packages in co-ordination with third party providers. Changes to the third party provider’s rules and policies may ultimately effect the services we provide or the terms and conditions herein.
DOMAIN NAME RENEWAL TERMS
When you register a domain name, you will have the following renewal options:
Automatic Renewal. Automatic Renewal is the default setting. Domain names will automatically renew, for a period equivalent to the length of your original domain name registration, and payment will be taken from the Payment Method you have on file with Spiderwiki, at Spiderwiki's then current rates. Thus, if you have chosen to register your domain name for one (1) year, Spiderwiki will automatically renew it for one (1) year. If you have chosen to register your domain name for two (2) years, GoDaddy will automatically renew it for two (2) years, and so on. If you wish to change your automatic renewal term to a different period you may manually renew the domain registration to establish a new default automatic renewal term for the domain.
Manual Renewal. If you have elected to turn off automatic renewal and cancel the product (i.e., cancel the domain name registration) effective at expiration of the then current term, you may nonetheless elect to manually renew the domain name at anytime prior to its expiration date by logging into your Account Manager and manually implementing the renewal or by calling customer service (should you in fact want the domain name to be renewed). If you fail to manually implement the renewal before the expiration date, the domain name will be cancelled and you will no longer have use of that name.
All renewals will be subject to the terms of this Agreement, as it may be amended from time to time, and you acknowledge and agree to be bound by the terms of this Agreement (as amended) for all renewed domains. Domain name renewals will be non-refundable. In the event that we are unable to automatically renew your domain name for the renewal option selected for any reason, we may automatically renew your domain name for a period less than your original registration period to the extent necessary for the transaction to succeed. If for any reason Spiderwiki is not able to take the payment from the Payment Method you have on file, and you fail to respond to our notices, your domain name registration will expire. It is your responsibility to keep your Payment Method information current, which includes the expiration date if you are using a credit card.
FREE PRODUCT TERMS
In the event you are provided with free products with the registration of a domain name, you acknowledge and agree that such free products will only be available with a valid purchase and may be terminated in the event the domain name is deleted or cancelled. For free products with domain names, you acknowledge and agree that you may not change the account associated with such domain for the first five (5) days after registration.
USE OF INFORMATION AND EXPIRATION
You agree that for each domain name registered by you the following information could be made publicly available in the Whois Directory as determined by ICANN or registry policies and may be sold in bulk as set forth in the ICANN agreement:
- The domain name;
- Your name and postal address;
- The name, email address, postal address, voice and fax numbers for technical and administrative contacts;
- The Internet protocol numbers for the primary and secondary name servers;
- The corresponding names of the name servers;
- The original date of registration and expiration date,
- Name of primary name server and secondary name server,
- Identity of the registrar.
Web Hosting
Hosting is an annual charge which must be paid in advance for the whole year. Except if the client is under one of our Maintenance 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. Spiderwiki will not be responsible for issues relating to delayed payment.
Hosting are on Dedicated servers and VPS hosted via third party Data Centers. Spiderwiki 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.
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.
Incase of a malware attack, Spiderwiki 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. spiderwiki 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.
Digital Marketing Terms
All digital marketing/strategy packages are for a minimum of 6 months period. Thereafter, cancel anytime with clear one month email notice. They are billed monthly and are payable for every month.
Packages are designed with keeping in mind 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 softwares or marketing expenses are included.
Spiderwiki 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.
Disputes, Liability, Indemnity
In an event of a dispute, Spiderwiki reserves the right to charge the client in full for the work done as well as for the resources spent in managing the dispute. In such an event, Spiderwiki reserves the right to charge the client without honoring any discounts that were previously honored in good faith. Under no circumstances will Spiderwiki be liable for any damages arising from misrepresentation or misinformation. Spiderwiki reserves the right to refuse service to any client, if these are not aligned with our business operating principles and policies.
Spiderwiki provides its services as is, without any guarantees on security or other issues leading to loss of data, sale or reputation. We ensure to the best of 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.
Relationship of Spiderwiki with its suppliers, partners and sub-contractors is of an independent nature. None of the parties have any power, right or authority to interfere or bind the other or assume or create any obligation or responsibility, whether expressed or implied, on behalf of the other or in the other’s name.
Client will indemnify and hold Spiderwiki, its licensors, content providers, service providers, employees, agents, officers, directors, contractors and sub-contractors (the “Indemnified Parties”) harmless from your breach of any of these Terms And Conditions or any other terms, conditions, policies or procedures herein, including, without limitation, any use of content other than as expressly authorized in these Terms and Conditions. Client agrees that the indemnified parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify and hold harmless the Indemnified Parties from any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information obtained from Spiderwiki.
Billing, Refunds
Prepayment
It is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree to pay for the Services in advance of the time period during which such Services are provided. Subject to applicable laws, rules, and regulations, at our sole discretion, payments may be applied to outstanding invoices in your billing account.
Taxes
Listed fees for the Services do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority, unless otherwise provided. Any applicable taxes will be added to your invoice as a separate charge to be paid by you. All fees are non-refundable when paid unless otherwise stated.
1.Domain registrations. No refunds will be given once a domain is registered.
2.Domain Renewals. You can manage domain renewals in your control panel. Domain renewal notices are provided as a courtesy reminder and we are not responsible for any failure to renew a domain or failure to notify about a domain renewal. No refunds will be given once a domain is renewed.
Fraud
Price Change
The Company i;e Spiderwiki reserves the right to change prices, the monthly payment amount, or any other charges at any time. We will provide you with at least thirty (30) days’ notice before charging you with any price change. It is your sole responsibility to periodically review billing information provided by us through the user billing tool or through other methods of communication, including notices sent or posted by us.
Cancellations and Refunds
Dedicated Servers There are no refunds on dedicated servers.
Domain registration Once done it is automatically registered in ICANN are Not Refundable.
Termination
We may terminate your access to the Services, in whole or in part, including deletion or confiscation of all files, content, and/or domain name registrations, without notice in the event that: (i) you fail to pay any fees due hereunder to Spiderwiki (ii) you violate the terms and conditions of this Agreement; (iii) your conduct may harm Spiderwiki or others, cause Spiderwiki or others to incur liability, or disrupt Spiderwiki's business operations (as determined by Spiderwiki in its sole discretion); (iv) you are abusive toward Spiderwiki's staff in any manner; or (v) for any other lawful reason, including to comply with applicable law, or as otherwise specified in this Agreement. In such event, Spiderwiki will not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination.
Intellectual property
All content of this website is a property of Spiderwiki unless otherwise specified. Spiderwiki reserves the right to change the content or policies without any prior notice.
The project related copyrights can be transferred to the client at an additional cost, after the full payment of the project and upon signing the Certificate of Acceptance. Synapse worldwide reserves the rights to refuse the transfer of ownership if irregular circumstances arise.
Please note that Spiderwiki technologies (Spiderwiki.com) reserves the right to change the terms and conditions without notice.