The following terms and conditions document is a legal agreement between ITRIX Technologies hereafter referred to as "ITRIX" and the company or individual requesting the services of ITRIX Technologies referred to as "Client". These Terms and Conditions set forth the provisions under which the Client may use the services supplied by ITRIX.
ITRIX is an Information Technology (IT) company offering the client Web Design, Application Development, Technical Consultancy, Programming, Outsourcing, Video Spokesperson, Search Engine Optimization (SEO) and Internet Marketing.
Quotations are valid for 7 days from date of issue.
ITRIX will carry out work only when an invoice has been paid by the Client for the work, unless otherwise agreed at ITRIX’s discretion.
When the Client places an order to purchase any service(s) from ITRIX, the order represents an offer to ITRIX to purchase the web service(s) which is accepted by ITRIX only when an invoice is sent to the Client. No contract for the supply of services exists between Client and ITRIX until ITRIX sends an invoice to the Client for payment. The invoice equals acceptance by ITRIX (or third party supplier) of Clients offer to purchase services from ITRIX and this acceptance of work is a valid contract between Client and ITRIX regardless of whether Client receives the invoice.
Any other services on the order which have not been included in the invoice do not form part of the contract. The Client agrees to check the details of the invoice are correct and should print and keep a copy for their records.
Additional work requested by the Client which is not specified in the agreed quotation is subject to an additional quotation by the ITRIX on receipt of specification. If the work is needed as part of an existing project then this may effect timescale and overall delivery time of the project.
Client agrees to provide any needed information and content required by ITRIX in good time to enable ITRIX to complete the work as part of an agreed project.
All pages, images, text and code on ITRIX's web site at http://www.itrixtechnologies.com are copyrighted material.
Client and any visitors to the ITRIX's web site at http://www.itrixtechnologies.com may not use any of the pages, images, text or code on the web site for use on Client's or visitors own web site or to create a web site, templates or Actinic templates without prior written permission from ITRIX.
Copyright of the completed web designs, images, pages, code and source files created by ITRIX for the project shall be with the Client upon final payment. //only by prior written agreement. Without agreement, ownership of designs and all code is with ITRIX.//
Client agrees that resale or distribution of the completed files is forbidden unless prior written agreement is made between the Client and the ITRIX.
Client hereby agrees that all media and content made available to ITRIX for use in the project are either owned by the Client or used with full permission of the original authors. The Client agrees to hold harmless, protect and defend ITRIX from any claim or suit that may arise as a result of using the supplied media and content.
Client agrees that ITRIX may include development credits and links within any code ITRIX designs, builds or amends. If ITRIX designs or develops a web site for a Client then Client agrees that ITRIX may include a development credit and link displayed on the Clients web site. If ITRIX builds or amends a web site for a Client then Client agrees that ITRIX may include a development credit and link displayed on the Clients web page, which may be within the code but not displayed on a web browser if requested by Client. Client agrees that ITRIX may include development credits and links on the templates ITRIX offers for sale on the web site at http://www.itrixtechnologies.com.
Client agrees that ITRIX reserves the right to include any work done for the Client in a portfolio of work.
ITRIX reserves the right to refuse to handle:
a) Any media which is unlawful or inappropriate;
b) Any media which contains a virus or hostile program;
c) Any media which constitutes harassment, racism, violence, obscenity, harmful intent or spamming
d) Any media which constitutes a criminal offence, infringes privacy or copyright
ITRIX can at its own discretion, but is not obliged to, offer domain name registration and hosting via a third party service.
The Client agrees that registration of a domain name does not provide endorsement of the right to use the name. The Client is responsible for ensuring they have due title to the domain name. ITRIX holds no liability and the Client hereby agrees to indemnify and protect ITRIX from any claim resulting from the Client's registration of a domain name.
The domain name is registered in the Client's own name, address and contact details. The Client should be aware that a domain name is registered with a third party and as such the Client shall agree to fully abide by the terms and conditions set out by the third party for such services.
Client agrees to take all legal responsibility for use of third party domain name and hosting services and supplies truthful details to the third party services.
The Client agrees that information submitted for registration of Domain names is then available to the general public via the Nominet Whois system. However, Clients that are using their web site for non-trading purposes may ask the third party registrar for their contact information not to be included in the Nominet Whois system.
The Client is liable to pay ITRIX for any domain name registrations and the initial set up of the hosting if included as part of the web site build.
Any support relating to the domain name, hosting and email services are to be made between the Client and the third party service.
Any other domain name and hosting services or costs not included by ITRIX, including, but not limited to, further domain name registration fees, domain name transfer charges, yearly domain name renewals, hosting charges, yearly hosting renewals, hosting upgrade, extra disk space, bandwidth and any other related or hidden charges are to be paid by the Client to the third party services.
The Client agrees to pay the domain and hosting fees as soon as required by the third party. Any modifications needed to the domain name or hosting services are to be made between the Client and third party service.
The Client agrees that if at any time their contact details including email address change, it is their responsibility to contact the third party and update their contact details. Failure to do so may mean that renewal invoices for the domain and hosting services are not received by the Client.
Payment for domain and hosting services are to be made immediately on receipt of invoice from the third party service. Failure to comply with the payment terms may result in the Clients domain name becoming available to another party and/or the web site and email services becoming unavailable.
Client agrees to pass on FTP details and any other access details relating to their domain name and hosting account which the ITRIX requires to upload the web site if required as part of a project.
ITRIX reserves the right without notice to cancel, reject or refuse work with domain names or hosting services without reason for such rejection or refusal.
Client agrees to be liable for their use of the domain name, hosting and email services with the third party and hereby agrees to indemnify and hold harmless the ITRIX from any claim resulting from the Client's publication of material and use of the domain name, hosting and email services.
Client agrees to take full responsibility for all usage of the domain name, hosting and email services and to fully abide by the terms and conditions set out by the third party for such services.
For web site graphic designs as part of the "Custom web design package" offered on the web site at http://www.itrixtechnologies.com ITRIX will design a layout of the site based on specifications made by the Client in the order form and as agreed by ITRIX. All pages of the site will use the same design layout which will surround the centre content to the top, left, right and bottom of the page. ITRIX reserves the right to quote separately for any additional different design layouts to surround the centre content to the top, left, right and bottom of any page. If Client chooses to use imagery in the design they may provide 2-4 images of their choosing to the ITRIX for use in the design layout, or ITRIX can use 2-4 generic stock images. If Client has a logo they can provide it to the ITRIX for use in the design layout, or the ITRIX will create a simple web site logo. ITRIX will make available to the Client a watermarked version of the design layout for approval. It is important that Client communicates information to the ITRIX to achieve the required result. Client agrees that they are permitted upto 3 hours of alterations to the layout. All alterations are to be requested in writing either by email or postal mail by the Client. After the 3 hours of alterations have been completed, ITRIX reserves the right to advise the Client of such and send a separate quotation to the Client and to request payment for any further alterations. ITRIX reserves the right to request payment be received for further alterations before continuing work. Upon completion of agreed design the Client is asked to confirm in writing by email or postal mail that the design and the screen size is signed off as complete and agree that any further design alterations are chargeable.
For web site build coding as part of the "Custom web design package" offered on the web site at http://www.itrixtechnologies.com, ITRIX will build the site based on the specifications in the original quotation. The Client is to provide the digital content for each page of upto 4 images per page and text of upto 1000 words per page. ITRIX reserves the right to charge an additional cost for typing out hard copy or scanning content or photographs for image creation. Once the site is built, Client agrees that they are permitted upto 3 hours of alterations to images and text content in the centre area of the pages, not including the agreed design layout template which surrounds the centre content to the top, left, right and bottom of the page, the logo or navigational areas of the page. All alterations are to be requested in writing either by email or postal mail by the Client. After the 3 hours of alterations have been completed, ITRIX reserves the right to advise the Client of such and send a separate quotation to the Client and to request payment for any further alterations. ITRIX reserves the right to request payment be received for further alterations before continuing work.
SEO and Internet Marketing work is governed by many factors which are outside the direct control of ITRIX and indeed, any other SEO Company. Therefore no reputable SEO Company can guarantee particular results. Ranking results will be performed once or twice per month, as agreed by both parties. Results are based on listings on Google, Yahoo! and MSN results.
Search Engine Optimization does not include Search Engine submission unless otherwise agreed by ITRIX and the benefits clearly defined.
Please bear in mind, your website's ranking with a particular Search Term will rely on both the relevancy of that term on your pages, and the popularity of that term on other websites. Both SEO Set Up and Updates will probably require FTP access to the website and its content management system or a contact email address for someone who will upload changes as requested. This may not be necessary for off-page SEO/Internet Marketing work.
Your website should be hosted on a reliable server, based in the country of Search Engine interest, with constant availability, for maximum results. Should ITRIX recommend changing your host or server, this is to protect the interests of your website's ranking within the Search Engines.
ITRIX cannot be held responsible for problems or additional costs arising due to any errors made by third parties, or failure to maintain a current copy of your own website.
Client agrees that a HTML page built from a graphic design may not exactly match the original design because of the difference between the display in design software and the rendering of HTML code by internet browser software. ITRIX agrees to try and match the design as closely as is possible when building the code.
During a website project it is important that Client communicates information to ITRIX to achieve the required result.
Client agrees that for graphic design work they are permitted upto 3 hours of alterations and for coding work they are permitted upto 3 hours of alterations. All alterations are to be requested in writing either by email or postal mail by the Client. After the 3 hours of alterations have been completed either in graphic design or coding, ITRIX reserves the right to advise the Client of such and send a separate quotation to the Client and to request payment for any further alterations. ITRIX reserves the right to request payment be received for further alterations before continuing work. Upon completion of agreed design the Client is asked to confirm in writing by email or postal mail that the design and the screen size is signed off as complete and agree that any further design alterations are chargeable.
If the Client requests design or content alterations to pages that have already been completed, new pages or different functionality other than that specified in the original quotation, ITRIX reserves the right to quote separately for these alterations. Examples of alterations include, but are not limited to:
If optimized pages are included as part of the project, ITRIX will optimize the Client's web pages which already make up part of the project, optimized pages is not creation of new pages. The optimization of the web pages can include the Meta tags, keywords, description, title, alt tags and text provided by the Client.
If the Client does not provide keywords information needed by ITRIX, then ITRIX will include it to its best judgment.
ITRIX endeavors to create pages that can be crawled by search engine spiders. However, ITRIX gives no guarantee that the site will become listed with search engines. This is often achieved through various methods such as page layout, content and cross linking with other web sites. The Client may wish to enquire about specialist web marketing.
If an error or issue with the design or code arises during the project which does not allow the design or code to match the original specification, then Client agrees that ITRIX can apply a nearest available alternative solution.
ITRIX at all times applies reasonable skill and care in provision of services.
On request, ITRIX can create a copy of the web site on one CD to be posted to the Client on project completion at an additional cost.
Once the project is completed, ITRIX will upload the web site to the Client's live web address if included as part of a project.
After site completion, a Client or a third party of their choosing may wish to edit their web site code themselves to make updates. However, the Client agrees that in so doing they assume full responsibility for any issues which occur as a result of changing the code themselves. If Client or a third party of their choosing edits the web site code and this may result in functionality errors or the page displaying incorrectly, then ITRIX reserves the right to quote for work to repair the web site.
ITRIX reserves the right to assign subcontractors in whole or as part of a project if needed.
ITRIX will keep a copy of the site and design source files when a web site project is being worked on. However, the Client agrees that it is their responsibility to have regular backups made by themselves or the third party hosting services in case of a software or hardware failure at the third party hosting servers.
All communications between ITRIX and Client shall be through telephone, email, Skype Messenger, MSN Messenger or Yahoo Messenger, except where agreed at ITRIX's discretion.
ITRIX tests websites and templates to ensure they comply with W3C CSS standards as they are at time of sale. Should updated W3C CSS or W3C HTML or both guidelines be introduced after the site or templates were sold to the Client, ITRIX reserves the right to quote separately for any additional work needed. If Client uses any templates and CSS style sheets which are not built by ITRIX, the overall page may not meet W3C CSS standards.
ITRIX shall make every effort to ensure sites are designed to be viewed by the majority of visitors. Sites are designed to work with the main browsers Internet Explorer and Mozilla Firefox latest releases. New layouts are tested with older browsers to ensure as much compatibility as possible. Client agrees that ITRIX cannot guarantee correct functionality with all browser software across different operating systems.
Clients agree that after handover of files any updated software versions of the main browsers Internet Explorer and Mozilla Firefox, domain name setup changes or hosting setup changes thereafter may affect the functionality and display of their web site. As such, ITRIX reserves the right to quote for any work involved in changing the web site design or web site code for it to work with updated browser software, domain name or hosting changes.
Client agrees that more advanced applications on a web site page may require a newer browser version or Plug-in.
Prices are subject to change without notice.
For any work ITRIX requires a payment to be received in advance for the work being carried out and before handover of files, except where agreed at ITRIX's own discretion.
The Client chooses either to pay the full cost in one payment or split the cost into 2 payments to be agreed with the ITRIX. Should the cost be split into 2 payments then the first half of the payment is to be received before work commences and the second payment to be received when requested by ITRIX half-way through the project before commencement of further work.
Once the final payment has been received and the work finished, the files will be handed over to the Client or uploaded if included as part of a project.
All prices are exempt of VAT.
Once an invoice is sent to the Client it must either be paid through Direct Deposit/Money transfer to our Wells Fargo Bank Account in United States or Direct Deposit/ Wire transfer to our IndusInd Bank Account in India and email a proof of deposit to the ITRIX's email address,. Alternatively, Client can also pay online via Credit Card or PayPal secure online payment system.
All invoices must be paid in full within 7 days of the invoice date, except where agreed at ITRIX's own discretion.
Invoices not paid within 20 days of the invoice date may attract interest of 3% on the original invoice amount, except where agreed at ITRIX’s own discretion.
ITRIX reserves the right to decline further work on a project if there are invoices outstanding with the Client.
Client may request ITRIX to cancel a project in writing by email to email@example.com and the project is cancelled only if ITRIX confirms work has not been started on the project. If ITRIX has begun or completed the work and the Client no longer requires the files but have agreed to the work, they are still obliged to pay ITRIX for the work that has been carried out.
All invoices are submitted by email except where required otherwise by regulations or agreed at ITRIX's discretion.
ITRIX reserves the right to remove its work for Client from the Internet if payments are not received.
The prices quoted are for the design and development of the application at ITRIX Technologies only.
If any travel is envisaged for the purpose of execution of this project the same shall be to the account of Client including the cost of air fare (New Delhi – Destination- New Delhi), onsite boarding, onsite lodging, onsite conveyance, Insurance and VISA formalities. ITRIX would raise an invoice to this amount at actual and the same needs to be paid in 7 working days of receipt of invoice.
The prices quoted does not cover any cost involved to purchase/share/utilize the tools/features/3P software (including any middleware, Editors, Security tools, Firewalls, or any other Shareware applications) available.
ITRIX provides their web site and the contents thereof on an "as is" basis and makes no warranties with regard to the site and its content, or fitness of services offered for a particular purpose. ITRIX cannot guarantee the functionality or operations of their web site or that it will be uninterrupted or error free, nor does it warrant that the contents are current, accurate or complete.
The Client agrees ITRIX is not liable for any bugs, performance issues or failure of their software by using any third party components.
ITRIX endeavors to provide a web site within given delivery timescales to the best of its ability. However, the Client agrees that ITRIX is not liable for any claims, losses, costs incurred or compensation due to any failure to carry out services within a given delivery timescale.
The Client agrees ITRIX is not liable for absence of service as a result of illness or holiday time. ITRIX has a third party associate who may be able to take on work should there be the need to.
The Client agrees ITRIX is not liable for any failure to carry out services for reasons beyond its control including but not limited to acts of God, telecommunication problems, software failure, hardware failure, third party interference, Government, emergency on major scale or any social disturbance of extreme nature such as industrial strike, riot, terrorism and war or any act or omission of any third party services.
ITRIX is not liable for any consequences or financial losses such as, but not limited to, loss of business, profit, revenue, contract, data or potential savings, relating to services provided.
On handover of files from ITRIX to Client, the Client shall assume entire responsibility in ensuring that all files are functioning correctly before use.
Whilst every effort is made to make sure files are error free, ITRIX cannot guarantee that the display or functionality of the web design or the web site will be uninterrupted or error free. If after handover of files errors are found in code the ITRIX has created and the main browsers Internet Explorer and Mozilla Firefox, domain name setup and hosting setup are the same as when work began, then ITRIX can correct these errors for the Client free of charge.
If after handover of files errors are found in code the ITRIX has created and the main browsers Internet Explorer and Mozilla Firefox have released an updated software version, or the domain name setup or hosting setup has been changed, ITRIX can correct errors for the Client free of charge and reserves the right to quote separately for any additional work needed as a result of changes to the browser software, domain name setup or hosting setup.
Should Client goes into compulsory or involuntary liquidation or cannot pay its debts in the normal course of business, ITRIX reserves the right to cancel forthwith any projects and invoice Client for any work completed.
ITRIX shall have no liability to the Client or any third parties for any damages, including but not limited to, claims, losses, 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 web site, even if ITRIX has been advised of the possibility of such damages.
There are sometimes laws and taxes which affect Internet ecommerce. Client agrees that it is their responsibility to comply with such laws and will hold harmless, protect, and defend ITRIX and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the Client’s exercise of Internet ecommerce.
ITRIX may from time to time recommend to the Client that updates are needed to their site to comply with, including but not limited to, new legislations, software releases and web standards. ITRIX reserves the right to quote for any updates as separate work. Client agrees ITRIX is not liable for any failure to inform or implement these updates to their site. Client agrees that it shall defend, indemnify, save and hold ITRIX harmless from any and all demands, liabilities, costs, losses and claims arising from omission to inform or implement these updates.
Client agrees to use all ITRIX services and facilities at their own risk and agree to defend, indemnify, save and hold ITRIX harmless from any and all demands, liabilities, costs, losses and claims including but not limited to attorney’s fees against ITRIX or its associates that may arise directly or indirectly from any service provided or agreed to be provided or any product or service sold by the Client or its third parties. Client agrees this indemnification extends to all aspects of the project, including but not limited to web site content and choice of domain name.
Client also agrees to defend, indemnify and hold harmless ITRIX against any liabilities arising out of injury to person or property caused by any service provided or agreed to be provided or any product or service sold by the Client or third parties, including but not limited to, infringement of copyright, infringement of proprietary rights, misinformation, delivery of defective products or services which is harmful to any person, business, ITRIX or organization.
ITRIX and any third party associates agrees that, except if directed by the Client, it will not at any time during or after the term of this agreement disclose any confidential information. Likewise, the Client agrees that it will not convey any confidential information about ITRIX or its third party associates to another party.
ITRIX and its third party associates shall use information provided by the Client in relation to this agreement in accordance with the Data Protection Act 1998 and also for the following purposes
1) To identify the Client in communications with them
2) To contact the Client from time to time to offer them services or products that may be of interest or benefit to the Client.
ITRIX reserves the right to terminate a project with a Client at any time without prior notification if it finds the Client in breach of these terms and conditions. ITRIX shall be the sole arbiter in deciding what constitutes a breach. No refunds are given in such a situation.
Any and all matters pursuant to this agreement are governed by Law of INDIA and are under exclusive jurisdiction of the Indian Courts. This agreement is void where prohibited by law.
Any dispute, controversy or claim with respect to any of the terms and conditions of, or the performance of the parties under the agreement which cannot be settled amicably by the parties, whether or not such dispute, controversy or claim is arbitral under the applicable law, shall be finally settled by arbitration and, such arbitration shall take place in Asansol, West Bengal, INDIA.
Where one or more terms of this contract are held to be void or unenforceable for whatever reason, any other terms of the contract not so held will remain valid and enforceable at law.
ITRIX reserves the right to alter these Terms and Conditions at any time without prior notice, the latest terms and conditions can be found at the ITRIXs web site at http://www.itrixtechnologies.com/terms_and_conditions.html with a date of last update.
By accepting a quotation or making a payment of invoice to use the services supplied, the Client acknowledges to have read, understand, and accept the Terms and Conditions of this Agreement, and agrees to be legally binding by these Terms and Conditions.