Terms & Conditions.
Welcome to Flowrec! These Terms & Conditions outline the rules and regulations for the use of our website and services. By accessing this website and engaging our services, you agree to comply with and be bound by these terms. Please read them carefully to ensure you understand your rights and responsibilities.
General Work Terms and Client Responsibilities
All site content (text and multimedia) will be the sole responsibility of the client to provide to Flowrec. Such should be provided prior to commencing the work. The Contract does not hold Flowrec responsible for any data entry, web hosting, or custom artwork/graphics-related work/tasks unless otherwise specifically mentioned, paid for, and agreed to by both parties. Any artwork, images, or text supplied and/or designed by Flowrec on behalf of the client will remain the property of Flowrec and/or its suppliers unless otherwise agreed.
Client Responsibilities
The client is solely responsible for taking proper backups of all content on their site before letting Flowrec undertake the required course of action towards meeting the contract. Any loss or damage to existing data shall not be a responsibility of Flowrec under any circumstances.
Copyright
The client retains the copyright to data, files, and graphic logos provided by the client and grants Flowrec the rights to publish and use such material. The client must obtain permission and rights to use any information or files that are copyrighted by a third party. The client is further responsible for granting Flowrec permission and rights for use of the same and agrees to indemnify and hold harmless Flowrec from any and all claims resulting from the client's negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the client to Flowrec that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
Review and Approval
Flowrec will provide the client with an opportunity to review the appearance and content of the website during the design and once they are completed. Flowrec shall wait for a period of 7 days to hear any feedback on such shared work/outputs from the client. In the event of the client not replying within this period, such material will be deemed to have been automatically accepted and approved by the client.
Post-Deployment Alterations
Flowrec will not accept responsibility for any alterations caused by the client or a third party occurring to the client's pages/website once installed/deployed. Such alterations include, but are not limited to additions, modifications, or deletions. Flowrec may require a one-off Web Development charge before resolving any issues that may arise.
Payments
Flowrec accepts payments by cheque, cash, or bank transfers (although we reserve the right to decline payment in any of these forms without notice). Without limitation, Flowrec reserves the right to withdraw any payment methods at any time and to vary its prices without prior notice.
Cancellation and Non-payment
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. Non-payment of cancellation fees and/or overdue amounts will result in legal action if necessary.
Support and 3rd-Party Services
Flowrec offers free support for the first month after the site launches. After one month of free service, we charge according to our various price packages best suited to the client's requirement. We also provide attractive discounts if the client chooses a higher price package. The scope of support only includes bug fixing and email support and excludes any issues related to the site architecture, rule changes, and add-ons/enhancements.
3rd-Party Products/Services
Any 3rd-Party support, product, and/or service being used/integrated into the site which requires licensing, payment, copyright, etc., shall be the sole responsibility and liability of and be provided by the client or will be procured by Flowrec on behalf of the client on pre-payment for the cost of such procurement. The fee charged by Flowrec is exclusive of out-of-pocket expenses and expense claims filed by third-party products/services involved.
Upgrades
Any upgrade in the 3rd-Party product/service being used in the project shall not be part of the scope at Flowrec. Such shall be addressed per feasibility and revision of price and time may be called for by Flowrec. No guarantees or warranties shall be provided by Flowrec for the accuracy or performance of such 3rd-Party product/service.
Re-work, Enhancements/Add-ons, and Billing
Any additional features not envisaged in the scope of work would be entertained through a Change Management process and be additionally billed. Scope creeps after wireframe sign-off would be billed as additional and timelines and cost for delivery would increase.
Minor Changes
Most tweaks such as minor changes/re-work are normally just completed; however, if we feel this is being abused, we will build a list of works found being the grounds of abuse and bill such additionally per the total time efforts involved and undertaken to achieve the work/tasks at business rates ranging from US $15 to $20 per hour.
Enhancements/Add-ons
Whilst we try our best to cover most changes within the budget of the site, some changes are classified as enhancements/add-ons to the system and become chargeable; we will advise you before we start work on any such items. Any re-work, change, or tweak request by the client post approval and/or furthering to the subsequent stage of the project process shall be treated as add-on work and be additionally billed.
Payment Terms
The client must pay the fee charged by Flowrec without any deductions, discounts, or debt settlement by the agreed due dates.
Limitations of Liability
Flowrec 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.
Exclusions
Flowrec hereby excludes itself, its Employees, and/or Agents from all and any liability for loss or damage caused by any inaccuracy; omission; delay or error, whether the result of negligence or other cause in the production of the website; all and any liability for loss or damage to clients' artwork/photos, data/content supplied for the site. This is whether the loss or damage results from negligence or otherwise.
Indirect or Consequential Damages
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.
Third Party Services
Flowrec 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.
Approvals and Delivery
The project will involve various stages and the work for the next stage will only start after receiving the sign-off and relevant payments for the previous stage as agreed. All code and material developed will be transferred post completion of the project and after sign-offs. The code ownership will reside with the client after final payments.
Completion and Deployment
On completion of the Service (Website design and/or website development), the website will be uploaded to the Customer area of Flowrec server for approval. Upon approval by the Client, the website will be uploaded to the destination server where the site shall stay. Flowrec reserves the right to delay uploading of the website until full payment has been received.
Right to Use
Flowrec 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 where such is required to be withheld, the client shall notify Flowrec well in advance and request prior and proper approvals towards the same.
Timescale
Flowrec 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. Flowrec may need to extend any timescales due to circumstances beyond its control.
Jurisdiction
These terms shall be governed by and interpreted in accordance with Indian Law. The parties irrevocably agree that the courts of India shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms and Conditions. The placing of an order will confirm acceptance of these conditions which are attached to the Order.
Severability
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.
- General Work Terms and Client Responsibilities
- Payments
- Support and 3rd-Party Services
- Re-work, Enhancements/Add-ons, and Billing
- Limitations of Liability
- Approvals and Delivery
- Timescale
- Jurisdiction
- Severability