XpertLab Development Agreement
By accessing this website of XpertLab and confirming order with us, you acknowledge your acceptance of all the below mentioned XpertLab Terms and Conditions:
The parties agree as follows:
QUOTATIONS AND ESTIMATES:
- All quotations and estimates provided by XpertLab are valid for a period of 30 days from the day of issue. Quotations not accepted within this timeframe must be re-issued.
- All quoted prices, excluding where indicated, do not include Goods and Service Tax.
- Estimates may be provided by XpertLab to offer the client a guide on projected costing of a project prior to any discovery or research for said project. All estimates will be clearly marked as such and are not an indication of the exact final cost to develop the project/module.
- All the quotation prices or cost of development are clearly dependent on the requirements stated by the client, as mentioned in the agreement’s CLIENT REQUIREMENT section. Any changes in requirement may be charged as an extra cost on the final price during or after the development process of project/module.
- All the quotations provided by XpertLab, require a 50% deposit upon acceptance to start the work over the project. The client cannot ask XpertLab to start working on project until making the advance 50% deposit to XpertLab.
- Final payment is strictly net 10 days from the date of completion.
- Any cost arising from payment clearings or transaction charges are solely the responsibility of the client and will be charged as such.
- XpertLab will only commerce work on the quoted project/module once any deposited funds have cleared.
- The customer will not be entitled for any service in case of delay in payment for more than 10 days from the final date of installation / date of project/module completion.
- If opted the service beyond the maintenance period as agreed by XpertLab, The annual Maintenance Charges (AMC) will be applicable of the original development cost of Project / Module; each year the development cost of new modules will be added to the initial development cost for the calculation of AMC.
- The AMC percentage shall be decided by the XpertLab; which depends upon the amount of efforts and work required. This % may vary each year.
- The recurring / renewal amount of the domain and hosting are subjected to change as per the market rates.
- XpertLab disclaims all warranties or conditions, whether expressed or implied, (including without limitation implied, warranties or conditions of information and context). We consider ourselves and intend to be subject to the jurisdiction only of the courts of Junagadh, Gujarat, India.
- Unless specified all quotations provided by XpertLab, do not include any source code license and XpertLab will not provide any kind of development code of the project/module in any condition.
- All source code and associated intellectual property relating to said source code, developed by XpertLab, solely remains the property of XpertLab, except where specific code license has been issued to the client and said issuance has been indicated in writing from XpertLab.
- XpertLab reserve the right to implement licensing features within the quoted project/module, except where code license has been issued by XpertLab.
- Any alteration, reverse engineering, or manipulation of any kind on the code, compiled or otherwise, created by XpertLab for the quoted project/module may be a breach of trademark and copyright laws. If said breach is confirmed, penalties will apply under the relevant acts.
- Any costs incurred by XpertLab for third party code license required to complete the quoted project/module are the responsibility of the client and will be solely borne by the client. Any such third party code license will be attached to the existing XpertLab code license for the quoted project/module.
- Should the client wish to cancel acceptance of the quotation, XpertLab will invoice the client for any work completed to date, as a percentage of the total work involved.
- The minimum cancellation fee will be 30% of the signed quotation.
- Clients are required to ensure that the content of the project/module being quoted adheres to all the current Indian legislation regarding publication.
- The client shall further indemnify XpertLab in respect of any claims, costs and expenses that may arise from any material included within the quoted project/module by XpertLab at the client’s request.
- No responsibility will be accepted by XpertLab for how the client use the SMS facility provided in any project/module.
PERMISSIONS AND COPYRIGHTS:
- The client will obtain all necessary permissions and authorities with respect to the use of all copy, graphics, logos, names and trademarks and any other material supplied by the client to XpertLab.
- Supply of said material by the client to XpertLab shall be regarded as a guarantee from the client that all such permissions and authorities have been sought and obtained for said material.
- No responsibility will be accepted by XpertLab for damages or losses incurred by the client from the use of material for which permission or authority has not been obtained.
ERRORS AND LIABILITIES:
- XpertLab will pursue due care to ensure project/modules create by XpertLab are free of errors.
- XpertLab will correct any errors made by XpertLab staff in the undertaking of the quoted project/module.
- XpertLab does not accept responsibility for losses or damage arising from errors within any project/module.
- XpertLab does not accept responsibility for errors, damages, losses or additional costs that relate to third party products or third party influence or lack of product operational efficiency that XpertLab may require completing the quoted project/module.
- Any alterations requested by the client after development has begun will incur extra development and regression testing time. Dependent upon the alteration or change requested an average of 3 days extra development time per alteration should be allowed for. The 3 day average may not be indicative of the time required and can be extended commensurate of the time involved to implement said changes.
- XpertLab will not accept responsibility for any alterations performed by the client or any third party which may cause or induce errors within the quoted project/module.
- If XpertLab are required to correct said alterations or errors resulting from said alterations, induced, injected or otherwise caused by parties other than XpertLab, the client will be charged at the hourly rate that is current for XpertLab at the time said errors are to be fixed.
COMPLETION OF WORK:
- All timeframes offered by XpertLab to the client are estimates. The intrinsic nature of software development and its intricacies do not offer XpertLab the luxury of defining definite timeframes.
- XpertLab will endeavor to complete all work within the estimated timeframes discussed with the client in the quotation. However, XpertLab will not be liable for any penalties, monies or hardships otherwise incurred by the client if the project/module cannot be delivered within the estimated timeframe.
- XpertLab will not release the quoted project/module unless all payments have been met under the obligations of the quotation or work agreement.
- The quoted project/module remains the property of XpertLab until all obligations have been met for release of said project/module to the client.
CHANGES TO SITE AND THESE TERMS AND CONDITIONS:
- This Site and these XpertLab Terms and Conditions may be amended, revised, changed, updated or modified by XpertLab with or without notice. Please review this link on a regular basis for changes. Continued use of this Site following any change to the XpertLab Terms and Conditions constitutes your acceptance of any such change to the XpertLab Terms and Conditions.