General Terms & Conditions for
Web Projects / Services Contract Agreement

We respect our Client’s (Customer’s)  confidentiality all the time in all work we do. Following are the general items which need to be considered for any kind of web services provided by Aarchi Infotech Solutions to their clients.

1. We use open source solutions wherever possible. This means no vendor lock-in and software fees are charged at ‘fair d reasonable rates’ or in most cases, fees are not applicable but still when you use external plugins & add on fees may be applicable as per the functionality of the platform.
2. If the Client determines that the website does not comply with the project components agreed to in this document, Aarchi Infotech Solutions agrees to carry out any necessary and reasonable modifications without extra charge as long as the agreement is done what needs to be carried through out.
3. If the Client is not happy with our service, the Client is free to move their domain name, website and data in its entirety to another service provider which is subject fees payable as per the item or services taken.

Introduction

This document defines the terms and conditions of our working relationship. Unless otherwise agreed to in writing by both the parties, the terms of this Agreement will commence on the date specified.
All services that Aarchi Infotech Solutions may be contracted to produce or provide for Client Actual Name (referred to as Client) will be subject to the following:

Definitions

As used herein and throughout this Agreement: “Agreement” means the entire content of this Basic Terms and Conditions document, the Proposal document(s), Schedule(s), together with any other Supplements designated below, together with any exhibits, schedules or attachments hereto. “Content” means all materials, information, photography, writings and other creative content. “Copyrights” means the property rights in original works of authorship, expressed in a tangible medium of expression, as defined and enforceable under Australian and International Copyright Law. “Deliverables” means the services and work.
Product specified in the Proposal to be delivered by Aarchi Infotech Solutions to the Client, in the form and media specified it Proposal. “Services” means all services and the work product to be provided to Client by Aarchi Infotech Solutions as described and otherwise further defined in the Proposal. “Trademarks” means trade names, words, symbols, designs, logos or other devices or designs used in the Final Deliverables.
“Open Source Software” means computer software that is available in source code form for which the source code and certain other rights normally reserved for copyright holders are provided under a software license that permits users to study, change, and improve the software. “Ongoing management” means the ongoing work to keep the website functioning and secure. This includes, but is not limited to data management, backups, maintenance, upgrades and software patches.

General Terms

1. Authorisation
The Client authorizes Aarchi Infotech Solutions to perform the services outlined in this agreement on the Client’ behalf, which may include, but is not limited to, accessing their hosting account and disk space, creating databases and applications, and submitting the project to search engines.
2. Agreement Scope and Period
Services supplied, costs and rates are limited to what is specifically set forth in this agreement. Any additional services will require an additional agreement. We reserve the right to adjust our service and rates after this period.
3. Termination of Contract Agreement
3.1 The agreement has no cooling off period as such by signing this contract Client agrees to pay Aarchi Infotech Solutions as per the contract agreement and Aarchi Infotech Solutions will deliver the work as per the agreement.
3.2 Any Unforeseen circumstances if Client has to CANCEL the project within first 7 business days of signed contract there will be 20% admin fees will be charged to the Client or the pro-rata work charges whichever is higher will be charged regardless Client has given any deposit or not.
3.3 Either party may terminate this Agreement by giving 45 days written notice to the other of such termination. If work is postponed or terminated at the request of the Client, Aarchi Infotech Solutions will bill pro rata for work completed through to the date of that request, while reserving all rights under this Agreement.
3.4 If additional payment is due, this shall be payable within fourteen days of the Client’s written notification to stop work. In the event of termination, the Client shall also pay any expenses incurred by Aarchi Infotech Solutions and Aarchi Infotech Solutions shall own all rights to the work.
Client will be 100% liable for any legal fees incurred by Aarchi Infotech Solutions when Client is defaulting the payment or not continuing the work without any notice or not paying the cancellation fees as agreed above.
4. Domain Names
4.1 All domain names are legally owned by the Client. All domain name registrations are subject to availability and registration rules. The Client manages their domain(s) and payment of fees unless the Client requests in writing that Aarchi Infotech Solutions manage the domain name(s) on behalf of the Client. Aarchi Infotech Solutions will invoice the Client when fees are due.
4.2 Aarchi Infotech Solutions uses wholesale solutions to manage our Client’s domain names. Client is bound by the REGISTRARS’s “Domain name registration terms” which are found upon request.
4.3 The Client indemnifies Aarchi Infotech Solutions against any loss or damage arising directly or indirectly from any failure of services provided by the REGISTRAR.

5. Cloud Hosting
5.1 The Client is responsible for contacting the chosen host for support relating to hosting matters. Aarchi Infotech Solutions will charge for costs incurred liaising with the hosting company and supporting the Client with hosting related issues.
5.2 Aarchi Infotech Solutions will charge for costs incurred due to differences in hosting environment if installation and management exceeds standard time frames.
5.3 Aarchi Infotech Solutions, Perth Australia does not take any responsibility for the domains & hosting which are not with them and customers are liable to secure and renew their domain and hosting on a time to time basis to avoid any issues related to expiration of either domain or hosting.
5.4 Aarchi Infotech Solutions can use the various providers for host Client website and will have limited liability for protecting Client’s data but as said Solution Provider will keep backup copies for Hosting files and restore the files as needed at the event of emergency.
6. Browser Variance
Our websites are optimized for XHTML compliant browsers and adjusted to support Internet Explorer (IE). We test using the browsers that are statistically the most commonly used. Layout and aesthetic elements may change or degrade in some browsers.
Websites are tested on
1.Latest version of Microsoft Edge/Chromium
2.Latest version of Firefox
3.Latest version of Safari
4.Latest version of Chrome
Aarchi Infotech Solutions will test and optimise for additional browsers and versions if requested by the Client before commencement of the project.

7. Colours
Website visitors use different monitors with different settings. Colours and image quality of the website Including graphics and photography will shift between computers and monitors. Client has to provide their colour codes which they have to use according to their current logo and choice.

8. Testing and Acceptance of the Website
Once the project has, in the opinion of Aarchi Infotech Solutions, been completed, Aarchi Infotech Solutions will notify the Client either verbally or in writing and provide the Client with an opportunity to test and review the website. If the Client determines that the website does not comply with the Project Components agreed to in this document, Aarchi Infotech Solutions agrees to carry out any necessary and reasonable modifications without extra charge.

9. Website, Data and Security
9.1 Upon the end of this agreement, The Client will receive back end access with ability to edit their content and change data as per their need. Although if a customer makes any unauthorised changes it will be charged $330 per call out to fix and restore the website. Customers can access websites with FTP details which will be allowed as per the customer’s needs. Any unauthorised transfer is prohibited. If a customer is required to transfer to another provider, they have to give at least 1-month written notice. Transfer fees & Terms applies.
9.2 Ongoing Management (see definition) is not included in this agreement and will require an additional agreement.
9.3 If the Client does not proceed with an additional or Ongoing Management agreement, The Client is responsible for Ongoing Management of the website and indemnifies Aarchi Infotech Solutions against any loss or damage arising directly or indirectly from website downtime or security breaches.
9.4 Aarchi Infotech Solutions, Perth – Australia does not store any Client’s data upon finishing the project. Customers need to provide new details if they require any future change until and unless customer have taken hosting services built with their project where Solution Provider takes regular backups and stores the data as a backup only.

9.5 E-Commerce Projects
For any payment related projects or shopping cart customer will be advised to get proper security certificates and hosting requirements which is mandatory and if customer denied getting those services or not take the required items suggested by Solution Provider, for any issues or damage Solution Provider would not be liable and fixing or changing things may get extra charges for Client. Also, Client must give all the product details, pricing or any related information for completing the E-Commerce projects. Solution Provider can only add sample products until and unless specified in the contract or given any written communications via email to the Client. Any additional data entry for the products will be extra charged.

10. Client Responsibilities
If the Client or an agent of The Client other than Aarchi Infotech Solutions attempts to update, edit or alter the site’s pages, infrastructure, source files or hosting management in a way that causes damage to individual pages or the site’s architecture, time to repair web pages will be assessed at our STANDARD or OVERTIME hourly rate, and is an additional cost above the costs outlined in this agreement.
10.1 Aarchi Infotech Solutions, Perth- Australia is not responsible for any copyright issues In case of pictures, logo, content or any other information supplied by the Client for their website. Client is fully responsible for all material and contents validation and checking.
10.2 Client’s project is subject to many factors like their ability to provide information, data and if their hosting/domain provider can release the respective information on time. Also, after the demo is given to Client if Client can make a decision fast and give proper feedback on time for us to finalise the work and complete the job on time.

11. Errors and Omissions
It is Aarchi Infotech Solutions’ responsibility to check carefully for accuracy in all respects, ranging from spelling to technical illustrations. However, Aarchi Infotech Solutions is not liable for errors or omissions. The Client indemnifies Aarchi Infotech Solutions against any loss or damage arising directly or indirectly from any errors and omissions.

12. Revisions
Aarchi Infotech Solutions will provide two rounds of revisions of content after the submission of the content, before the website is completed. Extended revisions outside of this scope will be charged under “Content Management” rates.

13. Copy
All text must be supplied in digital format (TXT, RTF, HTML, MS Word, Open Office, Google Apps documents, InDesign).

14. Images
Graphics and photographs are to be supplied in digital format to Aarchi Infotech Solutions. Photographs must not exceed a file size of 5mb each (unless by prior arrangement). Larger files will incur an extra cost due to increased time in processing. Any extra image/photo editing work will be charged to the Client as an extra effort until and unless agreed at the time of contract in writing by Solution Provider to Client.

15. Branding
All logos and branding must be provided in an industry standard vector format (preferences are: EPS, PDF, Illustrator).

16. Digital Marketing (SEO/SMO/SMM/PPC)
Aarchi Infotech Solutions, Perth-Australia will give best efforts to your SEO work as per the agreement SEO is a continuous process and it cannot be limited to any timeframe. Keywords are subject to market ranking/traffic. All project content needs to be provided by Client only. Solution Provider can charge an extra amount for any content writing services provided for the website. Although when Client has dedicated SEO package, the Solution Provider will adjust the keywords as required for the website. In any circumstances in any Digital Marketing services Aarchi Infotech Solutions DO NOT provide any GUARANTEE for the work at any time but will try to give the BEST results where possible. Any Digital Marketing project does not come with any output guarantee, but the best efforts will be given to each task and activities which can deliver the better results as ranking and lead generation. As Digital Marketing is a vast subject we can only assure that the ranking and generation of leads from a website is subject to website performance and other marketing services carried by the Client.

17. Price
Aarchi Infotech Solutions, Perth – Australia will try to give the BEST prices as possible, but all the prices are subject to change without NOTICE where service provider have increased the prices and where there is no control over prices for any subscription services.

18. Support Line & After Sales Support
Every Client gets 3 months FREE support after completing their project and LIVE work. The work must be LIVE for any after sales support. If a Client has obtained any paid support, they are eligible for extra support. Solution Provider will also be able to give extended support for the Client who does have any additional services like Web Hosting, Emails or ongoing Digital Marketing Packages. Also, the support method must be given in writing to the Client at the time of project agreement.

19. External Partners/Vendors
Aarchi Infotech Solutions may use external partners, vendors and providers (from Australia and Overseas) to get the services, get the work done for the end user’s project and to buy products to fulfil Client’s requirements but by saying that Aarchi Infotech Solutions takes full accountability and service guarantee as per the agreement signed without affecting any area of quality of workmanship and deliverables as per the agreed with respective Client. The products will carry respective vendors warranty/guarantee conditions.
After completion of the project Client can request to get the Hosting/FTP/Site Admin panel logins where applicable but which consist of original web/database files and but after receiving the files if any changes or modification or accidental deletion made to the LIVE project, Solution Provider would NOT be responsible for that although we keep regular backups and restoring to original or fixing things will get extra charged to Client. Our minimum calls out fees for restoring websites/software files is AUD $330 Inc. GST. This is also applicable for any type of project. After receiving any admin access, client must ask for clarification and help if they are not sure about any technical matters. They can easily lodge the issue by emailing us on [email protected] or lodge online support ticket on our website.
You are accepting all above terms & conditions by signing this contract. Aarchi Infotech Solutions, Perth- Australia does not guarantee or take responsibility for any unforeseen circumstances which may occur in any time.

20.Limitation of Liability
Your liability to us is only for the costs payable under this Agreement. You will not be liable to us, or any third-party, for damages like lost profits, lost savings, incidental damages, consequential damages, or special damages.

21.Dispute Resolution

a. Negotiation: We want to work this out. In the event of a dispute, the Parties agree to work towards a resolution through good faith negotiation.
b. Mediation/Arbitration: If talking it over doesn’t go well, either Party may initiate mediation or binding arbitration in a forum mutually agreed to by the Parties.
c. Litigation: If litigation is necessary, this Agreement will be interpreted based on the laws of the State of Western Australia, regardless of any conflict of law issues that may arise. The Parties agree that the dispute will be resolved at a court of competent jurisdiction in the agreed upon State.
d. Attorney’s Fees: The prevailing party, or “winner” as non-lawyers call it, will be able to recover its attorney’s fees and other reasonable costs for a dispute resolved by binding arbitration or litigation.

22.Serviceability
If any section of this Agreement is found to be invalid, illegal, or unenforceable, the rest of the Agreement will still be enforceable.

23.Complete Contract
This Agreement puts the Parties entire understanding of the Services to be performed and anything else the Parties have agreed to in black and white (literally). This Agreement supersedes any other written or verbal communications between the Parties. Any subsequent changes to this Agreement must be made in writing and signed by both Parties.
Client accepts all above terms & conditions by signing this contract. Aarchi Infotech Solutions, Perth- Australia does not guarantee or take responsibility for any unforeseen circumstances which may occur in any time.

Aarchi Infotech Solutions, Australia. (Solution Provider)

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