Terms & Conditions

Disclaimer

The website may contain inaccuracies and typographical and clerical errors. BluClicks expressly disclaims any obligation to update this site or any of the materials on this site. BluClicks does not warrant the accuracy or completeness of the materials or the reliability of any advice, opinion, statement or other information displayed or distributed through the site. You acknowledge that any reliance on any such opinion, advice, statement, memorandum, or information shall be at your sole risk. BluClicks reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the site. BluClicks may make any other changes to the site, the materials and the products, programs, services or prices (if any) described in the site at any time without notice.

Changes

BluClicks reserves the right, at its sole discretion, to change, modifies, add or remove any portion of these Terms of Use in whole or in part, at any time. Changes in these Terms of Use will be effective when notice of such change is posted. Your continued use of the website after any changes to these Terms of Use are posted will be considered acceptance of those changes. BluClicks may terminate, change, suspend or discontinue any aspect of the BluClicks website, including the availability of any features of the Site, at any time. BluClicks may also impose limits on certain features and services or restrict your access to parts or the entire website without notice or liability. BluClicks may terminate the authorization, rights and license given above and, upon such termination you shall immediately destroy all materials.

No warranties

This site, the information and materials on the site, and any software made available on the site, are provided “as is” without any representation or warranty, express or implied, of any kind, including, but not limited to, warranties of merchantability, non infringement, or fitness for any particular purpose. There is no warranty of any kind, express or implied, regarding third party content. There is also no warranty that this site will be free of any computer viruses. Some jurisdictions do not allow for the exclusion of implied warranties, so the above exclusions may not apply to you.

Limitation of damages

In no event shall BluClicks or any of its subsidiaries or affiliates be liable to any entity for any direct, indirect, special, consequential or other damages (including, without limitation, any lost profits, business interruption, loss of information or programs or other data on your information handling system) that are related to the use of, or the inability to use, the content, materials, and functions of the website or any linked website, even if BluClicks is expressly advised of the possibility of such damages.

The Content Writing

  • BluClicks agrees to create written material for insertion on Client’s website upon the appeal of the Client and per the approved terms.
  • BluClicks agrees to use rational care to ensure that all facts and statements in the work are correct and that the work does not trespass upon any copyright, or any other right of a third party.
  • BluClicks admits that Client has the right to edit the work in a time frame agreed and that BluClicks will collaborate with Client in editing and rereading the work erstwhile to publication.
  • Client agrees that they are accountable for studying the final draft for correctness to include spelling and grammatical errors, statements and assertions. BluClicks is not liable for errors discovered after the website gets live.

The Web Design And Development

  • BluClicks approves design and develop a website at Client’s request and will deliver the job by to the settled conditions.
  • Client is solely responsible for describing the detailed structure, number of pages required, and other relevant terms and conditions.
  • Client agrees to supply the BluClicks with satisfactory photography or imagery to use in the design.
  • Client is responsible for obtaining and buying a domain name. BluClicks may at its discretion instruct Client on suitable names.
  • Client hereby admits that BluClicks is not accountable for any errors, grammatical or otherwise found in the material provided by client.
  • BluClicks agrees to resolve any errors or implement revisions requested by Client. Client agrees that a maximum of three revisions are available(depending on package). Major changes in design won’t be done in revisions.
  • Client acknowledges that any change requests after final approval has been given to BluClicks or after website is live will be charged. BluClicks will not begin work on following change requests until full payment has been received.
  • Client admits that BluClicks will add a “Web Design” by “BluClicks” link to the footnote section of each website they work on. This is branding of BluClicks and to eliminate it will charge.
  • Due to business nature, BluClicks will not be liable if your website got hacked, lost rankings or errors etc.
  • Clients can cancel website development or digital marketing project if the team of BluClicks has not started work and won’t accept any cancellation after 1 calendar day.
  • Once the website is live then paid support will be provided at the rate of INR 999.99 + 18% GST.
  • During the project briefing, it is client’s responsibility to provide us with clear guidelines along with the flow or specific details you may require. When such details are not provided, we will proceed with our understanding of your requirements and quote accordingly. At a later stage, if a discrepancy arises, it may lead to additional costs to accommodate the changes. Thus, it is essential that you clarify every aspect of your website development and ensure that you have been quoted on the right requirements.
  • Once proposal has been finalized, any additions, changes or enhancements in the functionality or design of the project will affect the proposal and may incur additional cost and a revised delivery date. All additional work, over and above the estimates is charged separately. Under no circumstances will BluClicks be liable for any delays caused by change in the project brief.
  • Any complexity related to specific deliverable, must be advised in advance and included in the proposal for costing purposes. We operate in good faith and rely on our clients to disclose the full picture of their expectations. Any discrepancy arising due to unclear requirements or expectations will not be borne by BluClicks.
  • Website content and all related materials need to be provided to us within the first two weeks of starting the project. Any delays thereafter may delay the project and may incur additional charges if it goes beyond reasonable timeframe.
  • The client must recognize that at times there may be unforeseen circumstances that will delay the development process, particularly with reference to the integration of third party software. We will try our best to complete the project as agreed in the proposal. As long as it is within a reasonable period, the client agrees not to penalize us for any genuine delay, when every effort to keep the project on the proposed schedule is taken.
  • BluClicks takes no responsibility of any of the third-party products, software or components used in the website development such as payment gateway, SSL certificates etc. We suggest you to take regular back-ups to avoid any disruptions.
  • BluClicks offer packages in co-ordination with third party providers. Changes to the third-party provider’s rules and policies may ultimately effect the services we provide or the terms and conditions herein.
  • Domain registration charges are not included as a part of the proposal unless mentioned otherwise.
  • Hosting charges are not included in the quotations unless mentioned otherwise. BluClicks can organize an appropriate hosting solution if required, a quote for which will be submitted separately and approved by the client.
  • Once the website is delivered we will provide 1-month free service including training
  • For e-commerce website – data entry is free for 20 to 55 products only
  • Where clients decide to organize their own hosting, we should be consulted before finalizing the type of hosting and database, as it should meet the requirements of the technology used for the development. Please note that we’ll require full access with hosting support for testing and deploying the application. BluClicks will not be liable for any delays or errors caused by direct or indirect actions of the hosting company.
  • BluClicks cannot give access to their test servers and test websites to the clients or any third party.
  • Copyright of the completed web designs, images, pages, code and source files created by the Developer for the project shall be with the Client upon final payment only by prior written agreement. Without agreement, ownership of designs and all code is with the Developer.

Logo And Graphic Design

  • We try to create unique logos and provide our recommendations. Our logo designs are built based on research & concept building & we assure you of an alternate logo design if a Trade Mark on the logo is rejected due to any reason.
  • If you face any problem during trademark registration then you are free to contact us and we will offer you some other variations that you can chose. However, we do not have access to all the existing logos like the trademark registry has and it is nearly impossible to be 100% certain that the chosen design is in no way a loose match of an existing design.

Dedicated Resource(s)

  • The client is allocated dedicated resource(s) along with the necessary functional support staff such as a Team Leader or Project Manager if requested (based on the service commissioned).
  • The developer/ designer is on a dedicated basis; it is important he or she has tasks at all times to avoid delays (any delays may increase the time required to complete the project).
  • The client is allocated dedicated resource(s) along with the necessary functional and support staff such as a team leader and a project manager.
  • The client will not attempt to engage in business with current or ex-staff on a personal basis. Contravention of this will lead to legal proceedings involving all parties. All BluClicks employees have confidentiality clauses in their employment contract and have signed non-disclosure agreements.
  • The resource(s) would be operating out of the Indian office of BluClicks. The Indian office operates Monday – Friday, 09:30 AM to 06:30 PM (India’s time zone is GMT + 5:30 / BST +4.30). All the public holidays are notified in advance and communicated by the development team directly; the holidays are generally compensated by working extra hours in the evenings, at weekends or as per the agreed time schedule with the client.
  • A man-month would be defined as 160 Hrs of work in a month. When a developer(s) is working on a dedicated basis, they are allocated for 40 hours per week, 160 hours per month etc. This time includes design, programming, testing and time spent awaiting feedback requested by the developer(s) to the client.
  • Both the parties undertake to disclose the information including “confidential information” only to a minimum number of its employees who need to have the information disclosed to them only on a “need-to-know” basis and to ensure that the obligations on use and disclosure of the information are observed by all of the said employees.
  • Any party may terminate the services / contract / agreement in writing by providing notice. Notice period for large projects is 3 months & 1 month for small to medium sized project. For clients with On-going Time & Materials Projects (weekly & monthly running projects with dedicated developers and designers), the notice period is a minimum of 1 week. BluClicks has the right to “define” the “type” of a project. Third party services might require additional time.
  • During the course of the “project” it is the client’s responsibility to provide all (but not limited to the following) the relevant information, content, pictures, previous code etc… in order to make the project technically feasible and viable – in the absence of the above or any other relevant material BluClicks will use freeware / shareware material as deemed fit.
  • BluClicks will not be held responsible in case the client insists on using a particular “copyrighted” material – BluClicks would assume that the client has taken care of the legal and copyright implications of using the same and once the final payment and or the website has been made “live” it is deemed that the client has given the go ahead to use the above-mentioned material at its own risk and consequences.
  • After the receipt of final payment, the client will own the specific instances of all code we produce for you but not the algorithms, techniques, methods, or trade secrets we use to produce it and which belong to BluClicks.
  • If during the course of the work the client is unable to provide us with necessary information, materials or feedback in a timely manner when requested (within 24 hours) it could become necessary to reschedule the team / resource to other projects while we are waiting. Any delay in re-allocating resources off the project during these waiting periods will be taken from the allocated project time.
  • If we request materials, information, decisions, or approvals from you that we need to complete the work, and you do not provide them within thirty days of our request, we will deem the work to be completed and all payments due.
  • Existing sites – Work done on an existing site is done on an unseen basis: Due to the nature of existing sites (sites already finished or part finished by a third party) we cannot predict code integrity. We undertake this work on the understanding that we will research and develop the existing code, but we make no guarantees that the previous work is a suitable framework for us to work with.
  • Live servers, all development work takes place “off-site” on a Sandbox environment provided by us. On occasion, it may be requested that development takes places on live servers (time constraints, upon client request, licensing reasons for example). This is done so at your own risk. We do not take responsibility for any impact this may have to either the live site or your ability to work. We strongly recommend the use of a Sandbox server.
  • Payments for time worked are not refundable if the work is cancelled before completion.
  • If the total man-hours logged by a resource are more than 15% over the hours defined above, then the Management of BluClicks reserves the right to charge the client for the additional man-hours.

Hosting, Domains & Emails

  • Hosting is an annual charge which must be paid in advance for the whole year.
  • It is the client’s responsibility to renew the hosting in time ie. before the expiry date. Failure to renew in time can lead to loss of files, data, emails, backups etc. All unpaid hosting’s are disabled or deleted from the server.
  • All renewals must be paid by seven working days prior to the expiry date. BluClicks will not be responsible for issues relating to delayed payment.
  • Hosting are on shared and non-shared servers hosted via third party providers. BluClicks ensures best to our ability that our systems and servers are protected from hackers, viruses, intruders and other online and offline problems, however we will not be held liable for any disruption of services if such situation arises.
  • Client is solely responsible for the content stored on and served by the hosting service purchased and the activity of any scripts or email services created under the hosting service. The Customer must maintain the security of all account passwords and applications or scripts and ensure all scripts under the hosting service are free from malicious content that may harm any part of the Server, other client accounts hosted, or the external systems of visitors viewing the hosted content.
  • Incase of a malware attack, BluClicks reserves the right to delete files on the hosting service without giving any prior notice.
  • Cancellation/Termination:
    • Hosting Cancellation requests must be sent in writing or by email one month prior to the expiry of the same. Once the hosting has been renewed, it cannot be cancelled and must be paid for the full year.
    • If the hosting is not paid and renewed before the expiry date. We reserve the right to disable the hosting and all associated services including emails and DNS records. Additional charges will be applicable to re-enable the hosting. BluClicks will not be responsible for any loss of data, files, emails, backups, restoration costs etc.
    • If a hosting has been cancelled / disabled then all files, emails, databases and backups will be deleted from the server without any notification to the client.
    • Once all invoices are paid, it is client’s responsibility to request for the files subject to the below:
  • Emails:
    • All emails are to be downloaded on the client’s computer periodically. Email boxes must be kept within their quota limits. Periodical maintenance may be carried out on the email box and emails older than 6 months are deleted.
    • Client’s must not use the email hosting for inappropriate content and other undesired emails which can result in spamming or infecting the server. Under such circumstances, immediate action will be taken and the required files and data will be deleted without any prior notice.
    • BluClicks offer packages in co-ordination with third party providers. Changes to the third party provider’s rules and policies may ultimately effect the services we provide or the terms and conditions herein.
    • Hosting are on shared and non-shared servers hosted via third party providers. BluClicks ensures best to our ability that our systems and servers are protected from hackers, viruses, intruders and other online and offline problems, however we will not be held liable for any disruption of services if such situation arises.
  • Domains
    • All domain registrations and renewals are to be paid in advance.
    • Expiration of a domain can result in service disruption and loss of domain.
    • BluClicks will not be responsible if a domain expires due to non-payment / late payment of the charges. All payments must be made by seven working days before the expiry date.
    • It is client’s responsibility to renew their domain names with us.
    • All invoices and dues must be paid in full before we release the requested domain name.
    • BluClicks has the domains in a common pool account and therefore cannot give access to its domain control panel.
    • BluClicks offer packages in co-ordination with third party providers. Changes to the third party provider’s rules and policies may ultimately effect the services we provide or the terms and conditions herein.

Maintenance Plan

  • All maintenance packages are for a minimum of 3 month’s period
  • Maintenance packages are billed quarterly and fee is to be credited / paid on 1st day of billed quarter.
  • Packages are designed to serve minor website maintenance tasks only. Larger projects or updates are not included in the package.
  • Package includes one support request per month of upto 20 man-hour. Unused man-hours may not be rolled over to the next month. This support time can be used once every month to update the WordPress and Plugins versions.
  • BluClicks employs fair use policy, which means that although we don’t formally transfer over any unused time to the next month or formally accumulate unused man-hours, we do understand that your needs may change from month to month, and we allow flexibility in good faith sometimes.
  • Any extra hours used will be billed separately @ INR 999/hour.

Once you agree to work with BluClicks, you also agree to:

  • The Cheque/Money Order/Wire Transfer/PayPal/UPI Payments will be payable to “BluClicks, India. We will be pleased to start the project promptly after we receive your acceptance of our proposal, the requested information and applicable professional fees.
  • At no event will BluClicks be liable to the Client or any third party for any damages, including any lost profits, lost business, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate the presentation application.
  • In case collection proves necessary, Client agrees to pay all legal or third party involvement fees incurred in that process and late payment penalty, compounded interest of 5% per month on the remaining amount due.
  • All the applicable taxes will be levied as per actual.
  • For purposes of this paragraph, “Employee For purposes of this paragraph, “Employee shall mean current employees or persons employed prior to the referenced project. During the period of performance of services by BluClicks hereunder and for twenty four (24) months thereafter, (i) BluClicks agrees not to solicit or induce any Employee of Client to terminate his or her employment with the Client or to hire any Employee of Client without the prior written approval of Client , and (ii) Client agrees not to solicit or induce any Employee of BluClicks to terminate his or her employment with BluClicks or to hire any Employee of BluClicks without the prior written approval of BluClicks.
  • Neither this Agreement, any Statement of Work or any rights or licenses granted hereunder may be assigned, delegated or subcontracted by any party without the written consent of the other party, except that (i) a party may assign and transfer this Agreement and any Statement of Work and its rights and obligations hereunder and there under to any third party which succeeds to substantially own all of its business and assets or assign or transfer any rights to receive payments hereunder, and (ii) BluClicks may subcontract its obligations hereunder to any wholly-owned subsidiaries of BluClicks or third party service providers, provided that BluClicks remains primarily liable to Client hereunder, including with respect to the acts and omissions of any such parties employed or engaged by BluClicks. However, Client may not assign or transfer this Agreement to a direct competitor of BluClicks.
  • Client represents to BluClicks an unconditional guarantee that all elements of text, graphics, photos, designs, trademarks, source code or other artwork furnished to BluClicks for inclusion in the web pages are owned by Client, or that Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect and defend BluClicks from any claim or suit arising from the use of such elements furnished by Client.
  • BluClicks retains the copyrights or ownership to the source code/design of all files produced/developed/designed by BluClicks during the course of working on this project. After the final payment of the project rights and ownership of source code/design will be handed over to Client.
  • Regardless of the place of venue, this contract was entered into in New Delhi, India and any dispute will be litigated or arbitrated in New Delhi, India.
  • This agreement contained in this “Proposal constitutes the sole agreement between BluClicks and Client and its owners.
  • Any additional work not specified in the proposal will be estimated separately or would require amendment to this proposal.
  • All the images and text/content etc is to be provided by the client. In case client does not provide us the images, client gives us assumed right to use the images from the internet. BluClicks will try its best to use the Royalty free images but once the delivery is done, it is client’s responsibility that he has checked and agreed to the work provided. In case he feels/finds that there is something that does not belongs to him, he will immediately get back to BluClicks to get it changed. Once the delivery of the work is done, BluClicks does not accept the responsibility of any copy right infringement/trademark/performance/damages or any legal liability arising because of any reason. Ideally it is in the best interest of the client that they provide the images and text/other content at the time of contract only and ensure that work is done as per his agreement.
  • In the event that the fees payable by Client are tax deductible at source, the TDS certificate should be provided by Client to BluClicks at the time of making the due payment. The Professional fees are exclusive of any applicable taxes and other government levies. Any such taxes and/or levies will be payable by Client in retrospective/non-retrospective effect.
  • In an event Client terminates the project during the course of the development of the website; in this case the initial advance will not be refunded.
  • In case of any legal proceeding, the amount paid will not exceed the amount charged from the client.

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