1. Contract: The client’s approval for work to commence shall be deemed a contractual agreement between the client and Beena Technosoft . The approval for the work can be through either an email confirming back the quote (with the quote document attached) or the quote document signed by the client.
Important: Payment of the advance fee indicates that the client accepts these terms and conditions, and approves to commence the work.
2. 3 Months Free Support & Maintenance:Beena Technosoft.provides 6 Months Free Support & Maintenance free technical support for following kind of issues:
Above support is not available if the errors/bugs arise due to any external entity. Examples:
3. Photography and graphics:Beena Technosoft . may use stock photographs and images while creating the Web & Mobile Apps. Images and graphics purchased from stock libraries are not generally included in the quote and will be invoiced separately.Beena Technosoft will keep the client updated about the stock images being used and the cost involved before raising the invoice.
4. Browser compatibility: Beena Technosoft makes every effort to design pages that work flawlessly on most popular current browsers i.e. IE10 and IE11 and latest version of FireFox/Chrome released on the date of project agreement. We however cannot be held responsible for pages that do not display acceptably in new versions of browsers released after pages have been designed. IE8 and older IE versions are outdated browsers and hence we don’t design with them in mind. We recommend using latest version of Chrome or Firefox instead of older versions of Microsoft Internet Explorer.
5. App Pump Marketing: Following services are not part of the project unless agreed otherwise in writing:
6. Web & Mobile App maintenance: Unless otherwise agreed in writing, following services will be separately billed after the Web & Mobile App has been made live:
7. Content: After Beena Technosoft has delivered the Web & Mobile App to client, client is solely responsible for the content/information/images posted on his/her Web & Mobile App. If there is any error or omission by Beena Technosoft .team while uploading/posting the content/information/images on client’s Web & Mobile App, Beena Technosoft . will correct it if reported to Beena Technosoft representatives.
8. Material: All material supplied by the client shall remain client’s property. Beena Technosoft rightfully believes that this material belongs to the client and that it does not breach any copyright laws. Under no circumstances shall Beena Technosoft be held responsible for any claims, damages, and loss of profit or reputation caused to client due to the use of material provided by the client.
9. App Store or Play Store Accounts names registered by Beena Technosoft on behalf of client: Beena Technosoft provides Application name consultancy if required. App Store & Play Store names registered by Beena Technosoft on the client’s behalf are property of Beena Technosoft until client has paid for the App Store & Play Store registered and any fee involved.
Beena Technosoft agrees to transfer such App Store & Play Stores to the client or his/her agent when asked to do so provided that all accounts have been settled.
Note: App Store & Play Stores registered and owned by client are not subject to this term. This term applies only to those App Store & Play Stores which are registered by Beena Technosoft upon the request of client.
10. Travel Time and Expenses: Travelling time to and from the client premises is not generally included in our estimate. If a visit/travel is required for meeting, the client will bear all the expenses or as agreed by both the parties.
11. 3rd Party Add-ons/services/applications: All third party costs arising from the registration of a App Store & Play Store name/purchase of third party utilities/services shall be met by the Client and are payable to Beena Technosoft before a formal application for registration is made. Examples of 3rd party fees are as under:
12. Examples of work: Unless negotiated otherwise, Beena Technosoft retains the right to list/display the client name and logo with or without work performed (Design/Development/Online Promotion) for the Client in its respective portfolios and promotion materials. This over-rides all previous agreements and NDAs signed.
13. Quotations: The price quoted to the client is for the work agreed in the proposal document only. Should the client decide that changes are required after the app project work has been initiated, then Beena Technosoft will provide a separate quote for the additional work and may need to review the timescale for completing the app project. Cost estimates and prices quoted are valid for maximum one month unless otherwise agreed.
14. Mode of Payment
15. Payment Terms:
16. Cancellation: Both the parties reserve the right to cancel the project at any stage.
17. Delayed Response From Client Side: Unreasonable delays from client side in providing the required feedback/information/data to finish the app project shall exempt Beena Technosoft from meeting the timelines mentioned in the quote. In case client does not provide required details/data/information within 15 working days, client agrees that the payments made towards the project will be forfeited and retained by Beena Technosoft as full and final settlement against the work completed till date. Beena Technosoft shall not be liable to deliver any files to client if client is not traceable or not responsive for 15 working days.
18. Time Estimates: Client agrees that stipulated timelines cannot be met if the app project scope is changed by client once the project scope document is finalized. Client agrees not to change the requirements without extending the original agreed timelines by minimum 1 week against each change request.
19. Share in profits from business or sale of business: After client makes the agreed payment for the project, Beena Technosoft will not claim share in client’s profits from business or from sale of business to some other company.
20. Copyright/Ownership Rights:Beena Technosoft will retain the copyright of any material, including design, artwork and the source code, created for the client by Beena Technosoft reserves the right to retain the copyright on all material created by Beena Technosoft . unless otherwise agreed between the two parties in writing. As per the agreed terms client owns rights on following items:
21. Ownership of Code and Intellectual Property Rights: Unless otherwise agreed, Beena Technosoft is the owner of the source code and the intellectual property rights and reserves the right to reuse the code for other projects.
22. Single App Store & Play Store License: Unless otherwise agreed, client agrees to setup the apps delivered only on one App Store & Play Store, and localhost. However if client wish to run different Web & Mobile Apps on different App Store & Play Store, then client has to purchase separate account for each App Store & Play Store.
For every new App Store & Play Store, client has to buy a separate license.
23. License Validity Period: License comes with 1Year expiry date as long as it is for single App Store & Play Store. (Only for Beena Technosoft Products)
24. No recurring costs of license: There is renewal/recurring license fee. However, if client wishes to run same Web & Mobile App on App Store & Play Store, then client has to purchase separate license for each App Store & Play Store.
25. Use of encrypted files: Unless otherwise agreed, Beena Technosoft can use own framework (code library in encrypted format) for web applications development for making source code of our intellectual property/apps secure from other programmers; faster turnaround time; and bug free application development. Client will be provided with detailed documentation for using framework (code library functions). With the help of documentation provided, other programmers can modify the Web & Mobile App functionality. Beena Technosoft framework is collection of functions related to Database Manipulation, Images/Files Management, Paging, and Form Builder etc. which looks like PHP Functions but have different syntax than default PHP functions. Other willing and efficient PHP programmers can learn and practice these functions/framework within 2-4 days.
Note : In no event, Beena Technosoft shall be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate these Web pages or Web & Mobile App, even if Beena Technosoft has been advised of the possibility of such damages. Despite the best efforts of Beena Technosoft, errors in web page information may occur. At no time will Beena Technosoft be held responsible for accidentally including erroneous information, extending beyond correcting the error.
Should Beena Technosoft waive any of these terms on an individual basis, this shall not affect the validity of remaining clauses or commit Beena Technosoft to waive the same clause on any other occasion.
By agreeing to these terms and conditions, your statutory rights are not affected.
Beena Technosoft reserves the right to change or modify any of these terms or conditions at any time, but agreements signed prior to the updates in this agreement remains unaffected. Please feel free to contact us for more info/clarification about any of the terms and conditions mentioned above.