1.1 The Terms and Conditions contained herein shall constitute and form an entire Agreement (hereinafter referred to as 'Agreement') between DreamWorth Solutions Private Limited ( 'DWS') and the Customer and shall consider all prior commitments if any agreements, communications, discussions relating to the services covered herein and particularly mentioned on the face of this Agreement.
1.2 Any Clause of the Terms and Conditions if deemed invalid, void or for any reason becomes unenforceable, shall be deemed severable and shall not affect the validity and enforce ability of the remaining clauses of the Terms and Conditions of this Agreement.
1.3 The charges/considerations mentioned on the face of the agreement are only for the proposal submitted by DWS to the customer and any scope of work not covered in the proposal shall be charged extra.
2. SERVICES and EXCLUSIONS:
2.1 The website, hosting and domain are free for a period of 1 (One) year from the date of this Agreement.
2.2 In the event this Agreement gets Terminated for any reason whatsoever before the expiry of the period of 1 (One) year from the date of this Agreement, then the website, hosting and domain, if so applicable, provided by DWS, shall be chargeable by DWS and the Customer agrees to pay for the same, in case the Customer intends to continue the use of such website, hosting and domain.
2.3 DWS's website designing solution is not to be given along with FTP user name and password.
2.4 It is agreed and understood by the Customer that the with regard to the Browser compatibility the website shall be compatible in IE11+, Google chrome, 12.x, Mozilla Firefox 24x.
2.5 For any changes in basic website minimum Rs. 1000 will be charged and further more changes will be charged based on mutual discussion.
2.6 In the event the Customer is changing his current hosting to that of DWS hosting, than Customer must download his existing emails in outlook or else he'll lose those emails and DWS shall accept no responsibility of the same.
3.1 The Consideration means the cost of the package or the Services purchased by the Customer from DWS more particularity mentioned on the face of this Agreement.
3.2 DWS reserves the right to charge additionally for any additional work executed by DWS.
3.3 Once website is live after the approval of the Customer (which approval cannot be unnecessarily withheld), all the changes related to functionality requested to DWS shall be chargeable on mutually agreed terms.
4.1 If the contract is terminated by the Customer before Services under this Agreement are to begin execution or are in the process of completion than in such an event under no circumstances the Consideration paid or agreed to be paid by the Customer shall be refundable or payable and the same shall be forfeited in full.
5.1 DWS shall be permitted to identify Customer, as DWS's client and may use Customer's name in connection with DWS's marketing initiative.
5.2 Customer agrees and permits DWS to make calls and messages on his Mobile numbers subsequent to the signing of this Agreement.
5.3 DWS makes no representations warranties or guarantees of any kind as to the level of sales, purchases, clicks & sales leads any estimates to the Customer are not intended to create any binding obligations or to be relied upon by the Customer & the same are mere estimates.
6.1 Neither party will be liable to the other for any delay or failure to fulfill obligations set forth in this Agreement caused by force majeure reasons or circumstances beyond their control.
7.1 Any notice send by the Customer with respect to this Agreement has to be in writing and has to be sent through registered post at the following address: Dreamworth Solutions Private Limited: 2nd Floor, Ansec House, Tank Road, Shanti Nagar, Vishrantwadi, Pune-411006.
7.2 In case of any query the Customer can contact the Accounts Manager of DWS between 10 AM to 6 PM between Monday to Friday on the phone number given on the face of the present Invoice.
8. GOVERNING LAW AND JURISDICTION:
8.1 This Agreement its validity, construction, interpretation, effect, performance and termination shall be governed by the laws (both substantive and procedural] as applicable in India from time to time.
8.2 Any dispute or differences arising out of or in connection with this Agreement including its interpretation thereof between DWS and the Customer shall be subject to the exclusive jurisdiction of the courts of Pune (India) only. Thanks & Regards