TERMS & CONDITION   

 


Please read these Terms & Condition first, your acceptance from the time you purchase our services online by accepting this terms. These Terms cover to all users of Mahalasa and its group company. This is a common terms and condition which is applicable across all our services and products. Terms and Conditions carefully as they will form a contract between us and


We have tried to keep these Terms and Conditions brief, easy to understand, and as straightforward as possible. If you have any questions however, please do not hesitate to contact us. Please fill your details in the form and one of our team members would be in touch with you.


Terminology:

You (‘the Client’)

Us (First Class Web Design, and hereinafter referred to as ‘the Company’)

The Project the body of work that is being undertaken, normally consisting of several connected parts, such as consultation, graphic design, website development and/or hosting


WEBSITE DVELOPMENT


1. STANDARD TERMS AND CONDITIONS

These are the standard terms and conditions for Website Design / Portal/ Ecommerce Development and apply to all contracts and all work undertaken by Mahalasa and its Group companies for its clients.


2. OUR FEES AND DEPOSITS

A 50% deposit of the total fee payable under our proposal is due immediately upon you instructing us to proceed with the website design and development work. The remaining 50% shall become due when the work is completed to your reasonable satisfaction but subject to the terms of the “approval of work” and “rejected work” clauses. We reserve the right not to commence any work until the deposit has been paid in full.

The 50% deposit is only refundable if we have not fulfilled our obligations to deliver the work required under the agreement. The deposit is not refundable if the development work has been started and you terminate the contract through no fault of ours.


3. SUPPLY OF MATERIALS

You must supply all materials and information required by us to complete the work in accordance with any agreed specification. Such materials may include, but are not limited to, photographs, written copy, logos and other printed material. Where there is any delay in supplying these materials to us which leads to a delay in the completion of work, we have the right to extend any previously agreed deadlines by a reasonable amount. Where you fail to supply materials, and that prevents the progress of the work, we have the right to invoice you for any part or parts of the work already completed.


4. VARIATIONS

We are pleased to offer you the opportunity to make revisions to the design. However, we have the right to limit the number of design proposals to a reasonable amount and may charge for additional designs if you make a change to the original design specification.

Our website development phase is flexible and allows certain variations to the original specification. However any major deviation from the specification will be charged at the rate of INR 5000 per hour.


5. PROJECT DELAYS AND CLIENT LIABILITY

Any time frames or estimates that we give are contingent upon your full co-operation and complete and final content in photography for the work pages. During development there is a certain amount of feedback required in order to progress to subsequent phases. It is required that a single point of contact be appointed from your side and be made available on a daily basis in order to expedite the feedback process.


6. APPROVAL OF WORK

On completion of the work you will be notified and have the opportunity to review it. You must notify us in writing of any unsatisfactory points within 7 days of such notification. Any of the work which has not been reported in writing to us as unsatisfactory within the 7-day review period will be deemed to have been approved. Once approved, or deemed approved, work cannot subsequently be rejected and the contract will be deemed to have been completed and the 50% balance of the project price will become due.


7. REJECTED WORK

If you reject any of our work within the 7-day review period, or not approve subsequent work performed by us to remedy any points recorded as being unsatisfactory, and we, acting reasonably, consider that you have been unreasonable in any rejection of the work, we can elect to treat this contract as at an end and take measures to recover payment for the completed work.


8. PAYMENT

Upon completion of the 7-day review period, we will invoice you for the 50% balance of the project.


9. WARRANTY BY YOU AS TO OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS

You must obtain all necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names and trade marks, or any other material that you supply to us to include in your website or web applications.

You must indemnify us and hold us harmless from any claims or legal actions related to the content of your website.


10. LICENSING

Once you have paid us in full for our work we grant to you a license to use the website and its related software and contents for the life of the website.


11. SEARCH ENGINES

We do not guarantee any specific position in search engine results for your website. We perform basic search engine optimisation according to current best practice.


12. CONSEQUENTIAL LOSS

We shall not be liable for any loss or damage which you may suffer which is in any way attributable to any delay in performance or completion of our contract, however that delay arises.


13. DISCLAIMER

To the full extent permitted by law, all terms, conditions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise (other than the express provisions of these terms and conditions) relating in any way to the services we provide to you are excluded. Without limiting the above, to the extent permitted by law, any liability of Mahalasa and all our group companies ® under any term, condition, warranty or representation that by law cannot be excluded is, where permitted by law, limited at our option to the replacement, re-repair or re-supply of the services or the payment of the cost of the services that we were contracted to perform.


14. SUBCONTRACTING

We reserve the right to subcontract any services that we have agreed to perform for you as we see fit.


15. NON-DISCLOSURE

We (and any subcontractors we engage) agree that we will not at any time disclose any of your confidential information to any third party


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16. ADDITIONAL EXPENSES

You agree to reimburse us for any requested expenses which do not form part of our proposal including but not limited to the purchase of templates, third party software, stock photographs, fonts, domain name registration, web hosting or comparable expenses.


17. BACKUPS

You are responsible for maintaining your own backups with respect to your website and we will not be liable for restoring any client data or client websites except to the extent that such data loss arises out of a negligent act or omission by us.


18. OWNERSHIP OF DOMAIN NAMES AND WEB HOSTING We will supply to you account credentials for domain name registration and/or web hosting that we purchased on your behalf when you reimburse us for any expenses that we have incurred.


19. GOVERNING LAW

The agreement constituted by these terms and conditions and any proposal will be construed according to and is governed by the laws of Tasmania. You and Mahalasa and all our group companies ® submit to the non-exclusive jurisdiction of the courts in and of Tasmania in relation to any dispute arising under these terms and conditions or in relation to any services we perform for you.


20. CROSS BROWSER COMPATIBILITY

By using current versions of well supported content management systems such as “Joomla”, we endeavour to ensure that the web sites we create are compatible with all current modern web browsers such as the most recent versions of Internet Explorer, Firefox, Google Chrome and Safari. Third party extensions, where used, may not have the same level of support for all browsers. Where appropriate we will substitute alternative extensions or implement other solutions, on a best effort basis, where any incompatibilities are found.


All websites are developed to work primarily across all major browsers and platforms including other devices such as mobile phones and touchpads. However, the Company cannot guarantee complete and/or long term compatibility across every major browser, platform or handheld device due to updates/upgrades by their respective vendors.
The Company cannot guarantee compatibility in old or redundant browser software.


21. E-COMMERCE

You are responsible for complying with all relevant laws relating to e-commerce, and to the full extent permitted by law will hold harmless, protect, and defend and indemnify Mahalasa and all our group companies ® and its subcontractors from any claim, penalty, tax, tariff loss or damage arising from your or your clients’ use of Internet electronic commerce.


HOSTING


\ General Terms of Service for Hosting with MAHAHOSTING.COM PVT. LTD.


Whereas, MahaHosting.com Pvt. Ltd. / Mahalasa is an information provider connected to the Internet MahaHosting.com Pvt. Ltd. / Mahalasa offers storage and transfer services over the Internet through access to its Web Server;

Whereas, Customer seeks to utilize MahaHosting.com Pvt. Ltd. / Mahalasa's server for its own purposes; Whereas, the parties acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, MahaHosting.com Pvt. Ltd. / Mahalasa can make no guarantee that any given reader shall be able to access MahaHosting.com Pvt. Ltd. / Mahalasa's server at any given time.

MahaHosting.com Pvt. Ltd. / Mahalasa represents that it shall make every good faith effort to ensure that its server is available as widely as possible and with as little service interruption as possible; Now therefore, in consideration of the mutual promises contained herein, the parties agree as follows;

Financial Arrangements

1.Customer agrees to a thirty (30) day contract minimum beginning upon commencement of service. Exact contract duration is decided upon at signup.

2.Customer agrees that all charges and fees associated with an account are their sole responsibility.

3.If the customer wishes to cancel MahaHosting.com Pvt. Ltd. / Mahalasa shared Web Hosting services within fifteen days (15) of the initial signup they shall be able to do so for any reason (aside from disablement for Terms of Service or Spam Policy violations) and have their money promptly refunded.

4.Services provided by 3rd parties and MahaHosting.com Pvt. Ltd. / Mahalasa partners are not part of the 15-day refund policy and no early ending credit applies. Billing will stop at end of term during which the service is canceled. All hosting which has RS are taken and provided from third party which Mahalasa / Mahahosting.com would not be liable or responsible.

5.At the end of the contract term, the contract will automatically renew for the original contract length indefinitely until canceled in writing or via the web panel. After the first 15 days a canceled account will be canceled before the next payment is due and no more billing will occur nor will any payment be refunded, even for unused portions. If any non-refundable charges have already been incurred, they must be paid before the account may be cancelled.

6."15-Day Money-Back Guarantee" offer only applicable to credit card payments for shared web hosting. Other forms of payment are non-refundable. Refunds can only be processed for shared hosting. Domain registrations (including the value of any used free domain registrations included with the plan) are not refundable under any circumstances. SSL certificates are non-refundable. The value of any AdWords credit or other third-party add-ons is non-refundable. See domain registration agreement for more information.
http://domains.mahalasa.co.in
/support/legal.php

7.Violations of MahaHosting.com Pvt. Ltd. / Mahalasa's Terms of Service, Acceptable Use Policy, or Spam Policy may, at MahaHosting.com Pvt. Ltd. / Mahalasa's discretion, result in immediate and permanent disablement without refund.

8.Disputed charges ("chargebacks") associated with any MahaHosting.com Pvt. Ltd. / Mahalasa account may, at MahaHosting.com Pvt. Ltd. / Mahalasa's discretion, result in immediate and permanent disablement.

9.MahaHosting.com Pvt. Ltd. / Mahalasa will use commercially reasonable efforts to make our servers available 99% of the time during each monthly billing cycle, this is only applicable to VPS and Dedicated servers. If MahaHosting.com Pvt. Ltd. / Mahalasa is unable to meet this service level, you will be eligible to receive a credit to apply to future Mahahosting billing cycles based upon the Unavailability for that month.

1.For the purposes of this agreement, Unavailability means that either (a) the Mahahosting.com service is unresponsive, or (b) Mahahosting.com returns a server error response to valid user requests for more than 10Mins of consecutive requests.

2.Unavailability that is a result of scheduled maintenance is excluded from these conditions and will not be considered for service credit calculations. Scheduled maintenance is defined as maintenance that is announced at least 2 days in advance, and does not exceed four hour in any month.

3.Service credits will be calculated as a percentage of the bill for the billing cycle that the Unavailability occurred. The percentage for the credit will be calculated by dividing the number of minutes of Unavailability by the total number of minutes in that billing cycle.

4.Service credits must be claimed within 14 days of the Unavailability occurring by submitting a support ticket. Include as much detail as required to document the Unavailability.

Taxes

1.MahaHosting.com Pvt. Ltd. / Mahalasa shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Customer or MahaHosting.com Pvt. Ltd. / Mahalasa's server. Customer agrees to take full responsibility for all taxes and fees of any nature associated with such products sold.


Material Products

1.Customer will provide MahaHosting.com Pvt. Ltd. / Mahalasa with material and data in a condition that is "server-ready", which is in a form requiring no additional manipulation on the part of MahaHosting.com Pvt. Ltd. / Mahalasa. MahaHosting.com Pvt. Ltd. / Mahalasa shall make no effort to validate this information for content, correctness or usability.

2.Use of MahaHosting.com Pvt. Ltd. / Mahalasa's service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of Customer's Webspace by the Customer.

3.The following examples are offered: 1.Web Publishing: requires a knowledge of HTML, properly locating and linking documents, FTPing Webspace contents, Graphics, text, Sound, imagemapping, etc. 2.CGI-Scripts: requires a knowledge of the UNIX environment, TAR & GUNZIP commands, Perl, CShell scripts, permissions, etc.

4.The Customer agrees that he or she has the necessary knowledge to create Customer's Webspace. Customer agrees that it is not the responsibility of MahaHosting.com Pvt. Ltd. / Mahalasa to provide this knowledge or Customer Support outside of the defined service of MahaHosting.com Pvt. Ltd. / Mahalasa.

5.MahaHosting.com Pvt. Ltd. / Mahalasa will exercise no control whatsoever over the content of the information passing through the network, provided that it adheres to all other conditions set forth in our Terms of Service and Acceptable Use Policy documents.

6.MahaHosting.com Pvt. Ltd. / Mahalasa reserves the right to police its network to verify compliance with all agreed upon Terms.

7.The Customer agrees to cooperate in any reasonable investigations into their adherence to all agreed upon Terms. Failure to cooperate is grounds for immediate disablement of all accounts/service plans.

8.MahaHosting.com Pvt. Ltd. / Mahalasa reserves the right to disconnect any website or server deemed to present a security threat to MahaHosting.com Pvt. Ltd. / Mahalasa's customers, servers, or network.

9.The opening of multiple accounts or service plans in order to bypass any restrictions or overage charges set forth by MahaHosting.com Pvt. Ltd. / Mahalasa is grounds for termination of all services.

10.MahaHosting.com Pvt. Ltd. / Mahalasa makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. MahaHosting.com Pvt. Ltd. / Mahalasa also disclaims any warranty of merchantability or fitness for a particular purpose and will not be responsible for any damages that may be suffered by the Customer, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Customer. Use of any information obtained by way of MahaHosting.com Pvt. Ltd. / Mahalasa is at the Customer's own risk, and MahaHosting.com Pvt. Ltd. / Mahalasa specifically denies any responsibility for the accuracy or quality of information obtained through its services. Any mention of connection speeds associated with MahaHosting.com Pvt. Ltd. / Mahalasa's services represents the maximum achievable speed. MahaHosting.com Pvt. Ltd. / Mahalasa does not guarantee that the customer will achieve the maximum connection speed at all times, as this depends on a variety of factors (including your own internet connection!). MahaHosting.com Pvt. Ltd. / Mahalasa expressly limits its damages to the Customer for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability.

11.MahaHosting.com Pvt. Ltd. / Mahalasa specifically denies any responsibilities for any damages arising as a consequence of such unavailability. In the event that this material is not "Server-ready", MahaHosting.com Pvt. Ltd. / Mahalasa may, at its option and at any time, reject this material, including but not limited to after it has been put on MahaHosting.com Pvt. Ltd. / Mahalasa's Server. MahaHosting.com Pvt. Ltd. / Mahalasa agrees to notify Customer immediately of its refusal of the material and afford Customer the opportunity to amend or modify the material to satisfy the needs and/or requirements of MahaHosting.com Pvt. Ltd. / Mahalasa. If the Customer fails to modify the material, as directed by MahaHosting.com Pvt. Ltd. / Mahalasa, within a reasonable period of time, which shall be determined between the parties themselves, the contract shall be deemed to be terminated.

12.All domain names registered through MahaHosting.com Pvt. Ltd. / Mahalasa or its previous domain registration site, Mahadomaoins.com, that are 'parked' or are otherwise not immediately associated with a MahaHosting.com Pvt. Ltd. / Mahalasa hosting plan will be automatically pointed to a "Coming Soon" web page which informs visitors that the registrant has recently registered their domain name via MahaHosting.com Pvt. Ltd. / Mahalasa.com. The Coming Soon web page may be modified at any time by MahaHosting.com Pvt. Ltd. / Mahalasa without prior notice to you and may include such things as, without limitation, links to additional products and services offered by MahaHosting.com Pvt. Ltd. / Mahalasa.

Trademarks & Copyrights

1.Customer warrants that it has the right to use the trademarks and copyrights applicable to all content and/or products being made available through the customer's account.


Hardware, Equipment, & Software

1.The customer is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access MahaHosting.com Pvt. Ltd. / Mahalasa.

2.MahaHosting.com Pvt. Ltd. / Mahalasa makes no representations, warranties or assurances that the Customer's equipment will be compatible with the MahaHosting.com Pvt. Ltd. / Mahalasa service.

Guaranteed Uptime

1.MahaHosting.com Pvt. Ltd. / Mahalasa guarantees 100% uptime. A failure to provide 100% uptime will result in customer compensation pursuant to guidelines established herein. Only for the services which are marked under Guaranteed Uptime.

2.Customer is entitled to compensation if Customer's web site, databases, email, FTP, SSH or webmail become unusable as a result of failure(s) in MahaHosting.com Pvt. Ltd. / Mahalasa systems for reasons other than previously announced scheduled maintenance, coding or configuration errors on the part of the Customer.[Only applicable if hosted with Mahalasa / Mahahosting.com server marked with 99.99% symbol and all dedicated and vps clients]

3.Customer will receive MahaHosting.com Pvt. Ltd. / Mahalasa credit equal to the Customer's current hosting cost for 1 (one) day of service for each 1 (one) hour (or fraction thereof) of service interruption, up to a maximum of 10% of customer's next pre-paid hosting renewal fee.

4.MahaHosting.com Pvt. Ltd. / Mahalasa's assessment of downtime begins when Customer opens a support ticket to report the problem.
MahaHosting.com Pvt. Ltd. / Mahalasa Dedicated Server and Mahahosting.com Stipulations

1.Bandwidth pricing and measurement frequency is subject to change at MahaHosting.com Pvt. Ltd. / Mahalasa's discretion. Customers affected by such changes will be notified no less than thirty (10) days in advance by MahaHosting.com Pvt. Ltd. / Mahalasa.

2.MahaHosting.com Pvt. Ltd. / Mahalasa is under no obligation to compensate Customer for downtime, whether the downtime be caused by Customer, MahaHosting.com Pvt. Ltd. / Mahalasa, or MahaHosting.com Pvt. Ltd. / Mahalasa's upstream providers.

3.Customer agrees that dedicated server payments are NONREFUNDABLE. For example, if Customer submits payment for twelve (12) months of service, service will be provided for twelve (12) months and will not be refunded if Customer chooses to discontinue service with MahaHosting.com Pvt. Ltd. / Mahalasa mid-way through the term. Mahahosting.com services will be billed on a monthly basis; existing Mahahosting.com customers may remain on a pre-paid billing plan, but new customer accounts will be subject to a usage-billing plan. Termination or upgrades of Mahahosting.com services will result in the following refund and billing procedures: ◦Pre-Paid Billing Mahahosting.com Plan: Any termination or upgrade will result in a refund of the prorated value of the plan for the last billing period. ◦Usage-Billing Mahahosting.com Plan: Any termination will result in the customer being billed for usage, rounded up to the nearest hour.

4.Hardware upgrades to an existing 'platform' (platform defined as a motherboard/chassis combination) will be performed by MahaHosting.com Pvt. Ltd. / Mahalasa and shall incur an additional one-time labor fee of INR 3200 as well as an increase to Customer's standard monthly rate.

5.Any hands-on labor necessitated by the customer (including, but not limited to, re-installing the operating system on the server) shall be performed by MahaHosting.com Pvt. Ltd. / Mahalasa and shall incur an additional one-time labor fee of INR 3000 for each incident.

6.MahaHosting.com Pvt. Ltd. / Mahalasa reserves the right to alter the dedicated server packages advertised on its website at its discretion. MahaHosting.com Pvt. Ltd. / Mahalasa is not required to upgrade Customers' hardware or bandwidth allocation as a result of a pricing or service package change. There will be an additional charge of INR 6000 associated for any such hardware upgrade requested by Customer. Customer will not be required to upgrade hardware as a result of a pricing change.

7.For managed servers, MahaHosting.com Pvt. Ltd. / Mahalasa is responsible for the security of the network, the kernel, and the base operating system (defined as the standard set of debian packages that come installed with the server). MahaHosting.com Pvt. Ltd. / Mahalasa may take any steps it deems necessary at any time to protect the security of your server (this generally includes applying security patches as well upgrading the entire operating system).

8.For unmanaged servers not using a "Mahahosting.com/ Mahalasa" monitoring option, Customer is responsible for keeping the security of their system up to date.
This includes but is not limited to the following requirements:

1.the kernel will be patched within 7 days of any announced security hole relating to the kernel
2.any security patches for all installed software must be applied within 7 days of their general announcement to the security community at large.

9.MahaHosting.com Pvt. Ltd. / Mahalasa is not responsible for notifying unmanaged servers of the need to apply patches. Failure to comply with these requirements is grounds for termination of contract without refund. MahaHosting.com Pvt. Ltd. / Mahalasa reserves the right to take any action upon unmanaged dedicated servers it deems necessary at any time to protect the security and integrity of MahaHosting.com Pvt. Ltd. / Mahalasa's network.


Age

1.The Customer certifies that he or she is at least 18 years of age, or that their parent or legal guardian will act as the "customer" in terms of this contract.


Termination

1.This contract may be terminated by either party, without cause, by giving the other party 14 days written notice. MahaHosting.com Pvt. Ltd. / Mahalasa will accept termination by electronic mail. Notwithstanding the above, MahaHosting.com Pvt. Ltd. / Mahalasa may terminate service under this contract at any time, without penalty, if the Customer fails to comply with the terms of this contract, including non-payment. MahaHosting.com Pvt. Ltd. / Mahalasa reserves the right to charge a reinstatement fee.

Limited Liability

1.Customer expressly agrees that use of MahaHosting.com Pvt. Ltd. / Mahalasa's Server is at Customer's sole risk. Neither MahaHosting.com Pvt. Ltd. / Mahalasa, its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that MahaHosting.com Pvt. Ltd. / Mahalasa's Server service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the MahaHosting.com Pvt. Ltd. / Mahalasa Server service, unless otherwise expressly stated in this contract.

2.Under no circumstances, including negligence, shall MahaHosting.com Pvt. Ltd. / Mahalasa, its offices, agents or any one else involved in creating, producing or distributing MahaHosting.com Pvt. Ltd. / Mahalasa's Server service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the MahaHosting.com Pvt. Ltd. / Mahalasa Server service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to MahaHosting.com Pvt. Ltd. / Mahalasa's records, programs or services. Customer hereby acknowledges that this paragraph shall apply to all content on MahaHosting.com Pvt. Ltd. / Mahalasa's Server service.

3.Notwithstanding the above, Customer's exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate amount which Customer paid during the term of this contract and any reasonable legal fee and court costs.

Promotional Codes

1.By using a promotional ("promo") code you waive the option to indicate who referred you to MahaHosting.com Pvt. Ltd. / Mahalasa.

2.You may not change/submit a promo code or referrer after you've finished signing up.

3.Promo codes/referrers are for new customers only — if you use one you may not host on your account any domain ever previously hosted with MahaHosting.com Pvt. Ltd. / Mahalasa.

Indemnification

1.Customer agrees that it shall defend, indemnify, save and hold MahaHosting.com Pvt. Ltd. / Mahalasa harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against MahaHosting.com Pvt. Ltd. / Mahalasa, its agents, its customers, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Customer,its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless MahaHosting.com Pvt. Ltd. / Mahalasa against Liabilities arising out of 1.any injury to person or property caused by any products sold or otherwise distributed in connection with MahaHosting.com Pvt. Ltd. / Mahalasa's Server;

2.any material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party;

3.copyright infringement;

4.any defective product which Customer sold on MahaHosting.com Pvt. Ltd. / Mahalasa Server.

Other Agreements

Customer agrees to abide by the terms set forth in this document as well as other MahaHosting.com Pvt. Ltd. / Mahalasa policy documents including, but not limited to:

1.Acceptable Use Policy
2.Anti-Spam Policy
3.Unlimited Policy

Customer also agrees to abide by all applicable Terms set forth by all MahaHosting.com Pvt. Ltd. / Mahalasa partners and subsidiaries.

Contract Revisions

Revisions to this Contract will be applicable to previous Contracts Revisions will be considered agreed to by the Customer on renewal of service as specified in Section – Financial Arrangements.

Transfer

Customer may not transfer this contract without the written consent of MahaHosting.com Pvt. Ltd. / Mahalasa.

Contract

These Terms and Conditions constitutes the entire Contract and understanding of the parties. Any changes or modifications to these Terms and Conditions of Contract thereto are agreed to by the both parties upon renewal of services.

MOBILE APPLICATION

1) All iOS apps have to be approved by Apple Development team, the time taken for approval etc is purely on Apple team, Mahalasa cannot help you in any form.

2) If a app is rejected, Mahalasa is not held responsible, our QA/ QC would ensure that we meet all requirements and rules of the respective platform, but still for any reason the app is rejected, Mahalasa and is team would ensure that we fix the issue/ we’re release the same as asap.

3) There would be no timeframe or any kind of commitment when it comes to rectification of issue/ problem reported by the respective platform. Mahalasa would ensure that you and your business is not effected with this.

4) All payments have to be paid in advance for the final release of the app.

5) The support & technical help would defer based on projects, we request you to read the project management details, which your project manager may have signed in details.

6) The customer will provide or be responsible for any cost related to the following: 3rd party software related to the Project (if, any specifically required by the customer), for example, Jirra Tool for project management/ defect tracking process. 3rd party service required for the project. Any hardware related to the Project, except for testing equipments.

7) The development and unit testing of the products will be done at Developer premises.

8) The customer agrees tp cerate respective logins at the required app store, in case if required the project manager would guide you and help you process the complete steps.

9) The customer shall be providing Developer with the credentials of their Developer’s Account, in order to enable them to created adhoc/ provisional test releases of the app.

10) The customer agrees that he will revert back on time for every query or submission, Timely reverts from the customer for any inputs which are required from them.

11) All Intellectual Property (including Source Code, Documentation, and Application Package) during the project is owned by the Customer, and will be turned over to the Customer at the conclusion of the project by Developer and after the fulfillment of all commercial obligations by the Customer. This is also subjected to the agreement and clause given by the project manager in your proposal.

12) TERMINATION

The Customer shall, in the event of Developer committing any breach of any of the terms and conditions of this agreement or for any other reason considered as sufficient, be entitled to terminate this agreement by giving 3 weeks’ notice in writing and it is applicable only when the project is not completed. If the customer terminates the agreement, then the payment accrued or payable to Developer up to the date of the termination will become accrued or payable to Developer only up to that date. The customer shall compensate the Developer up to the date of termination with a fee calculated on Pro-rata basis. Developer may also terminate this Agreement by giving 3 weeks’ notice in writing to Customer. It is applicable only when the project is not completed. In case Developer terminates the agreement, it shall handover the entire project related IPR, work done till date, and source code to the customer.

13) RELATIONSHIP OF THE PARTIES Nothing contained herein will be construed as creating any agency, partnership, joint venture or other form of joint enterprise between the parties. Each party understands that it is an independently owned business entity and this Agreement does not make it, its employees, associates or agents as employees, agents or legal representatives of the other party for any purpose whatsoever.