After being this website of Kapriaa Solution is accessed by you and confirm order with us, you acknowledge your acceptance of all the below mentioned Kapriaa Solutions Terms and Conditions:
QUOTATIONS AND ESTIMATES :
- Kapriaa Solutions confirms the validation of all quotations and estimates for a period of 30 days from the date of issue and in case of non acceptance of quotations or estimates within this timeframe must be re-issued.
- It’s mandatory to accept all quotations using supplied Quotation Acceptance Form and must be returned to Kapriaa Solutions within the 30 days period from the date of issuance.
- Goods and Services Tax are not included in all quoted price, excluding where indicated.
- Kapriaa Solutions is free to provide estimates to offer the client a guide on the projected costing or a project/service prior to any discovery or research for said project/service. All estimates will be distinctly marked as such and are not an indication of the exact end cost to develop the application.
- Before acceptance of the final cost of the application by either party, all estimates will need to be formalized to a quotation or invoice.
- Kapriaa Solutions reserves the right to suspend the quotations/services at any time, without any prior information to other party or anybody else.
PAYMENT TERMS :
- 50% of quoted amounts are required to be deposited upon acceptance of any of the quotations provided by Kapriaa Solutions.
- Unless prior arrangement has been made, final payment is strictly made before 10 days from the date of completion.
- All the miscellaneous cost arising from payment clearing or transaction charges are solely the responsibility of the client and will be charged as such.
- Kapriaa Solutions will be liable to commence the work on the quoted project/application only after the final clearance of deposited funds.
- The delay in payment for more than 10 days from the final date of installation/date of project/module completion by customer will not be entitled for any service.
- The normal 40% (PERCENT) of original development cost of Project/Module will be paid as Annual Maintenance Charges (AMC) by the customer/client, if the customer/client opted for service beyond the 12 months of maintenance period or as agreed by Kapriaa Solutions; the development cost for new modules will be added to the initial development cost for the calculation of the said AMC each year.
- Kapriaa Solutions reserves the right to decide the AMC percentage; which depends upon the amount of efforts and work required but this percentage (%) for AMC may vary yearly.
- In case of Domain and Hosting, the recurring/renewal amount are subjected to change as per the market rates.
- Kapriaa Solutions denies all warranties or conditions, whether expressed or implied (including without limitation implied, warranties or conditions of information and context). We contemplate ourselves and intend to be subject to the jurisdiction only of the court of Uttar Pradesh, Gautam Buddh Nagar, India.
RESIDENCY REQUIREMENTS :
- Minimum requirements for where the completed application will reside, will be provided on all Kapriaa Solutions quotations.
- The quoted cost on a Kapriaa Solutions quotation is only valid if the minimum residency requirements are met or exceeded for said quotation.
- Kapriaa Solutions can provide, as an additional service, a package that will meet the stated requirements. The package offered will provide the most streamlined and cost-effective installation of the quoted application.
- If a Kapriaa Solutions package is not used to host the completed application, Kapriaa Solutions will not be liable for any additional time or resources, above and beyond that already included in the quotation, required to get the completed application installed where the client has asked it to reside.
- Kapriaa Solutions will bill any additional time and or resources, above and beyond that already included in the quotation, required to get the completed application installed or the clients host at Rs. 500 per hour. The minimum cost for this will be 4 hours at the above mentioned rate.
INTELLECTUAL PROPERTY :
- Unless specified all quotations provided by Kapriaa Solutions, do not include any source code license.
- All source code and associated intellectual property relating to said source code, developed by Kapriaa Solutions, solely remains the property of Kapriaa Solutions, except where specific code license has been issued to the client and said issuance has been indicated in writing from Kapriaa Solutions.
- Kapriaa Solutions reserves the right to implement licensing features within the quoted application, except where code license has been issued by Kapriaa Solutions.
- Any alteration, reverse engineering, or manipulation of any kind on the code, compiled or otherwise, created by Kapriaa Solutions for the quoted application may be a beach of trademark and copyright laws. If said breach is confirmed, penalties will apply under the relevant acts.
- Any costs incurred by Kapriaa Solutions for third party code license required to complete the quoted application are the responsibility of the client and will be solely borne by the client. Any third party code license will be attached to the existing Kapriaa Solutions code license for the quoted application.
- Should the client wish to cancel acceptance of the quotation, Kapriaa Solutions 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% (PERCENT) of the signed quotation.
- It is required by the client to ensure that the content of the application being quoted adheres to all the current Indian legislation regarding publication.
- Kapriaa Solutions further must be indemnified by the client for any claims, costs and expenses that may arise from any material included within the quoted application by Kapriaa Solutions at the client’s request.
- Kapriaa Solutions has right of not to include any material supplied by the client within the quoted application if Kapriaa Solutions deems said material inappropriate of offensive.
- Unless said content is delivered to Kapriaa Solutions in digital format prior to commencement of work Kapriaa Solutions will not populate the application with the final content. The Said content, if available, will be used for testing purposes and may not be formatted how the client requires it. If content is not available mock placeholder content will be used.
- It is the client’s responsibility, in all cases, to ensure the applications content is displayed and formatted as they require. If the client cannot format the applications content, Kapriaa Solutions will offer this service at Kapriaa Digital Solution’s current hourly rate at the time of the request.
PERMISSIONS AND COPYRIGHTS :
- With respect to the use of all copy, graphics, logos, names, trademarks and any other material supplied to Kapriaa Solutions all necessary permissions and authorities will be obtained by the client.
- Whenever a client supplies the said material to Kapriaa Solutions, all such supplied materials shall be regarded as a guarantee from the client that all such permissions and authorities have been sought and obtained for said material.
- Kapriaa Solutions will not accept any responsibility for damage or losses incurred by the client from the use of non-permitted or unauthorized material.
ERRORS AND LIABILITIES :
- To ensure the applications created by Kapriaa Solutions, free of errors, Kapriaa Solutions will pursue due care.
- The errors made by Kapriaa Digital Solution’s staff in the undertaking of the quoted application, will be corrected by Kapriaa Solutions.
- It will not be the responsibility of Kapriaa Solutions for any losses, damages arising from errors within any application.
- Responsibility for any errors, damages, losses or additional costs will not be bear by Kapriaa Solutions, that relate to third party products that Kapriaa Solutions may require completing the quoted application.
- It will incur extra development and regression testing time for any alteration requested by the client after development has initiated. An average of 3 days extra development time per alteration should be allowed for, depending upon the amount of request and alteration or change made. It may not be indicative for the average 3 days of the time required; it can be extended commensurate of the time involved to implement said alteration/change.
- The alteration performed by the client or any other third party will be taken under consideration by Kapriaa Solutions, which may cause or induce errors within the application quoted by us.
- If the required correction is to be made by the Kapriaa Solutions to the said alterations or errors resulting from said alterations, induced, injected or otherwise caused by parties other than Kapriaa Solutions, there will a charge by the client on hourly rate current for Kapriaa Solutions at the time of said errors are to be fixed.
COMPLETION OF WORK :
- Time offered to client by Kapriaa Solutions are estimates, Kapriaa Solutions don’t be offered the luxury of defining timeframes due the intrinsic nature of software development and its intricacies.
- Kapriaa Solutions will seek to complete all work within the estimated timeframes talked with the client in the quotation. For any penalties, monies or hardships otherwise suffered by the client if the application cannot be delivered within the estimated timeframe, Kapriaa Solutions will not be liable for these.
- Unless all payments have been met under the obligations of the quotation or work agreement, Kapriaa Solutions will not release the quoted application.
- In case, if Kapriaa Solutions doesn’t have command over the residence ( see Residency Requirements) where the completed work will rest then full payment must be made advance to said work being released by Kapriaa Solutions.
- The quoted application remnants the property of Kapriaa Solutions until all commitment has been met for release of said application to the client.
- If Kapriaa Solutions is the third party to another company, then said company is responsible in meeting the commitments for release of the quote application to their client.
CHANGES TO SITE AND THESE TERMS AND CONDITIONS :
- Kapriaa Solutions may amend, revise, change, update or modify the Site and these Kapriaa Digital Solution Terms and Conditions with or without notice. So, it will better to review this link on a regular basis for any such changes. Constant use of this Site following any change to the Kapriaa Digital Solution Terms and Conditions represents your acceptance of any such change to the Kapriaa Digital Solution Terms and Conditions.