Emlev Web Solutions’ Terms and Conditions of Use
Please read these Terms and Conditions (“Agreement”, “Terms and Conditions”) carefully before using http://emlev.com/ (“the Site”) operated by Emlev web solutions (“us”, “we”, or “our”). This Agreement sets forth the legally binding terms and conditions for your use of the Site at http://emlev.com/.
Your access to and use of Emlev Web Solutions is subject exclusively to these Terms and Conditions. You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website. In term and conditions “We” means Emlev Web Solutions and references to “client”, refer to you.
Change of Use
Emlev Web Solutions reserves the right to: change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that Emlev Web Solutions shall not be liable to you for any such change or removal and change these Terms and Conditions at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change.
Terms and conditions for Payments
Initial deposit of 50% of the quoted price of website design and development needs to be paid to Emlev Web Solutions prior to commencement of the work.
The website design and development process will start on Emlev Web Solutions’ development server and weekly report will be sent to client to review the work in progress. For each projects a time-frame will be set. The client must provide all the data including content and images and a regular feedback to ensure that we can develop website within the time-frames. If client fails to provide data and feedback within time-frames 25% payment would be required at the end of time-frame.
On completion of the project, remaining payment of 50%/25% as applicable will need to be paid and then all the files and data will be moved to client server.
Ownership of provided Data and Content by client
The data and content of any nature including Images, product and person images are property of the client. The client is responsible for providing any such materials which are owned or purchased by the client. Emlev Web Solutions is not responsible for any claims and legal actions of any nature in case of a conflict with any 3rd party.
Maintenance and Updates
We provide free maintenance for fixing any errors or changes will include minor fixing like updating an image or content will be free of cost. Any change being marked major change by Emlev Web Solutions including changing or adding a new feature, developed module, layout of design will be chargeable at mutually agreed prices or hourly basis. After 1st month all changes and support will be chargeable at mutually agreed prices.
All quotes are provided for website design and development of the projects. Any expenses for additional services like Domain name, Web Hosting, Images, Content and Data etc., are to be paid by client to recommended third parties or at client’s own discretion. Emlev Web Solutions will not be liable for quality and service for any third party service, even if the payments are processed via us.
Changes by third party or client
The client gets full rights to code and Content Management Systems and can make any changes themselves or by using services of a third party. However by doing so Emlev Web Solutions’ liability towards working of pages, design and development is over. If any damages happen to website and repairs/fixes are required they will be charged as agreed basis.
We test all websites thoroughly for features. The client can test the website for layout, development modules, order process, payments etc. Any bugs noted, can be reported and get fixed within first month. Emlev Web Solutions cannot be held liable for any business loss at client’s end or at end of users of the website in any case whatsoever.
Emlev Web Solutions makes no warranties or representations of any kind for the services being offered. The service is provided on an “as is” and “as available” basis without warranties of any kind, either express or implied. Wherever a 3rd party tool or plug-in is used. These are subject to warranty as per provider’s website term and conditions.
Ownership of Source Code
The client agrees that the source code for the design and development of the Client’s website is the intellectual property of Emlev Web Solutions. However, Emlev Web Solutions agrees to provide to the Client a lifetime license to use the source code for their website and for commercial purposes. The Clients may edit or modify their own source code or code from a third party. The Client shall not copy, distribute and/or resell the Emlev Web Solutions source code in their website without the written permission of Emlev Web Solutions. Any breach of this clause may result in Emlev Web Solutions seeking legal remedies against the Client. Emlev Web Solutions and its subcontractors retain the right to display graphics and other web design elements as examples of their work in their respective portfolios.
Links to Third Party Websites
Emlev Web Solutions Website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.
All copyright, trademarks and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to Emlev Web Solutions or otherwise used by Emlev Web Solutions as permitted by law. In accessing the Website you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.
Disclaimers and Limitation of Liability
The Website is provided on an AS IS and AS AVAILABLE basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. To the extent permitted by law, Emlev Web Solutions will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website. Emlev Web Solutions makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive. Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of Emlev Web Solutions for death or personal injury as a result of the negligence of Emlev Web Solutions or that of its employees or agents.
You agree to indemnify and hold Emlev Web Solutions and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Emlev Web Solutions arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.
If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
Dispute resolution and Governing Law
If there is any dispute arising under this agreement, the parties will use all reasonable efforts in good faith to attempt to resolve the dispute.
These Terms and Conditions shall be governed by and construed in accordance with the law of Rajpura, Punjab (India) and you hereby submit to the exclusive jurisdiction of the Rajpura courts.
For any further information please email webmaster.