Database, E-Commerce & application Development :
Neptune Technologies is not liable for any losses caused by any software that is created for the client. Though we take every care to ensure the products are accurate and error-free, the ultimate responsibility remains with the Client to ensure that all products and software are functioning properly before use.
Where site and applications are developed on servers that are not provided by Neptune Technologies, the Client will be responsible to provide and/ or seek any information, support, additional software and/ or co-operation relating to the server required for application to be developed correctly. For developing large applications, the Client will be responsible for providing a suitable testing environment, identical to the Client’s final production environment.
Any application or programming pertaining to a website developed by Neptune Technologies, the Client is expected to fully test them before making the same generally available for use. Neptune Technologieswill endeavor but not obliged to correct errors, “bugs” or other issues are found in the website developed by us after the site is live to meet the standards of site’s function outlined in the brief.
Website Design
We will make every effort to ensure that the design of the website and any other work done by us is error free; however, Neptune Technologies will accept any responsibility for losses incurred because of malfunction of the website or any part of it. Neptune Technologies will be the rightful owner of the web server, website, graphics, content, and any programming code until the Client pays all outstanding accounts in full. Any work done by Neptune Technologies will remain our property and copyright of Neptune Technologies, unless otherwise agreed, and may be resold or commercially reproduced only with the permission of Neptune Technologies.
Neptune Technologies will not be liable for any copyright infringements that are caused due to materials submitted by the client.
Any additions to the brief where Neptune Technologies makes no charge will be done at the sole discretion of Neptune Technologies and for such additions Neptune Technologies will not accept any responsibility to ensure that such additions are error free. We reserve the right to charge the Client accordingly for any correction to these additions or for further additions.
Neptune Technologies will not be responsible for any loss of earnings, compensation or costs incurred due to any work carried out by the Client, on behalf of the Client, or by any third-party agents appointed by the Client. Neptune Technologies is not liable for loss of earnings, compensation or costs incurred because of the unavailability of the website, servers, software or other material provided by its agents.
Website Development
All websites are developed to work primarily across all major browsers and platforms including other devices such as mobile phones and touch pads. However, the Company cannot guarantee complete and/or long term compatibility across every major browser, platform or handheld device due to updates/upgrades by their respective vendors. The Company cannot guarantee compatibility in old or redundant browser software.
Website Hosting
Whilst Neptune Technologies offers hosting of websites, no guarantees can be made as to the availability or interruption of this service by Neptune Technologies cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service.
Neptune Technologies reserves the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial. Fees relating to web hosting or domain names must be paid prior to the expiration date of the said service. If the fees remain unpaid at the time of expiration, Neptune Technologies can cancel the said service and not liable for any data lost as a result of the cancellation.
Copyright
Neptune Technologies owns or has the license to or otherwise permitted by law to use the trade marks, copyright and intellectual property rights of the site and its content including (but not limited to) the website design, graphics, text, source codes and all software connected with the website.
Using this websites, you are agreeing to access the content only for your personal and non-commercial use home use. You cannot download, copy, transmit, reproduce, store, distribute or sell the content without the prior and written consent of Neptune Technologies.
Disclaimers & Limitation of Liability
The website of Neptune Technologies is provided on an “AS AVAILABLE” and “AS IS” basis. Neptune Technologies, to the extent permitted by the law, is not responsible for any direct, indirect consequential damage or loss (including but not limited to loss of business, data, opportunity and/ or profit) caused due to the use of the website.
Neptune Technologies does not warranty that the website’s functionality will be error free or uninterrupted, that defects will be rectified and/ or that the website or server making it available are free of any virus or anything else that can be destructive or harmful.
Cancellation & Refund Policy
All amounts owed by the client to Neptune Technologies for Services rendered prior to the verified cancellation date must be paid in full. There will be no prorating for partial months throughout the Agreement. Due to account security and privacy concerns, all billing related questions and cancellation requests MUST be made in writing or via email.
Cancellation requests will only be processed if made by the initial authorizing party and if received in writing. There will be no refunds of any monies for any cancellation requests made after the cooling-off period of 7 days from the date of order. For security and training purposes, all calls, inbound and outbound, made through Neptune Technologies corporate offices are digitally recorded and the recordings form a part of the verbal contract between Neptune Technologies and the client.
Any cancellations done after the cooling-off period by the client, for any reason, will lead to a full payment of the agreed price and immediate termination of the contract, unless otherwise mutually agreed between Neptune Technologies and the Client.
Payment
Client agrees to pay Neptune Technologies the service fee, for any Program or Service Client enrolls in, pursuant to the terms of the Payment Plan Client selected, including without limitation, all applicable taxes, if any, in accordance with the billing terms in effect at the time the service fee becomes payable. Client expressly understands, acknowledges and hereby authorizes Neptune Technologies to automatically charge Client’s credit card or debit Client’s bank account once a month or one time as per the Program requirement.
Client will be charged as soon as they sign up over the phone. Neptune Technologies also reserves the right to pursue alternative means of payment up to and including debt collection services and customer shall be liable for all collection costs, including without limitation, attorneys’ fees
PAYMENT COLLECTION
As Neptune Technologies provides a bill-through service for sponsored listings, the company takes a significant credit risk for each and every Client. Therefore, the Client is responsible to maintain an active and valid payment method on file at all times. If for any reason, Client’s payment method is not available, Neptune Technologies reserves the right to immediately and temporarily turn off the website, pay-per-click ads, sponsored listings and ongoing or then current production, reporting, or support Services being provided to account. If the payment is not received, Neptune Technologies reserves the right to terminate the Agreement in full and retain ownership of the web site, or other Services until such time the account has been paid in full. All Term Commitment Terminations will result in an escalation of all fees owed under the Terms of the Agreement. Many clients maintain multiple forms of payment on file to prevent this from occurring. Representations and Warranties Client represents, warrants and covenants that
- Client has sufficient authority to enter into the Agreement;
- Client is a business, not a consumer, and that Client’s use of Neptune Technologies services is solely for lawful commercial and business purposes;
- Client has the necessary rights to provide all information provided under the Agreement for use as described in the Agreement.
The company has the right to charge the client up to 85% of the total web development costs, should the client cancel the website agreement after the design concepts have been agreed but prior to the website going live. The scale of the charge will be dependent on what stage the project is at when the cancellation takes place.
AGREEMENT TO THE POLICY
You should be aware that by submitting any kind of personal details to our website, you indicate your acceptance to the terms given above. In case of any queries or concerns you are always free to contact us for further assistance.
PROJECT TERMS
All estimates/quotes are based on our understanding of your requirements and as per given time-frame. Any changes to the functionality including micro-improvements, may incur additional costs accordingly. Please ensure and clarify our understanding in a face to face meeting.
By accepting a quote, you agree to and accept the terms and conditions of Neptune Technologies Acceptance can be verbal, by email, payment of Initiation, signing a quote.
Clients to ensure that we have included all requirements in the quotes/proposals/estimates and that we fully understand their requirements. Clients must provide us with clear guidelines along with the flow or specific details they may require. When such details are not provided, we will proceed with our understanding of the 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.
Any complexity related to specific tasks, 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 at the time of quotation. Any discrepancy arising due to unclear requirements will not be borne by Neptune Technologies
There are limited man-hours allocated to each task including Project Management and Digital Strategist/Business Analyst. Minor changes may be included within the allocated hours. This will be analyzed on a case-by-case basis.
Neptune Technologies will make every effort to complete the project/changes in the given timeframe. Reasonable delays are accepted if functionalities are redefined or modified.
Any delays at client’s end, may delay the project and proposed timeframes and may incur additional costs.
Any bugs (programming errors) reported during or just after the development does not attract additional charges.
Any re-work on an already completed task will attract additional charges. Any changes in the design after the design approval will incur additional charges.
Any modifications requested during the development or after the Go-Live approval will incur additional charges. All additional work, over and above the estimates is charged separately. Under no circumstances will Neptune Technologies be liable for any delays caused by change in the project brief.
Website/application 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.
Our websites/applications are generally tested on PCs and include near recent versions of following browsers: IE, Firefox, Chrome & Safari. If you require testing to be done on any other browser, please let us know in advance.
Responsive/multi-device compatible web pages are tested on iPhone and iPads. If you require testing to be done on any other device, please discuss it in advance.
If your website/application is not hosted on a Neptune Technologies server, any additional man-hours that may be required due to any server or network related issues are not covered in our quotes and may be charged separately.
Neptune Technologies software codes (not including open source software) are copyrights of Neptune Technologies The codes can be handed over at an additional cost for use once all previous invoices are settled, on the condition that the codes are used only for use or modification for re-use for further development for the specified client or subsequent owners of that legal entity. Under no circumstance, the codes will be allowed to be used for re-selling or duplication purposes.
Neptune Technologies takes no responsibility of any open source products such as WordPress, Open Source carts, Joomla etc. It is clients responsibility to update all components and third party softwares. We suggest you to take regular back-ups to avoid any disruptions.
Neptune Technologies 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.
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.
Domain registration / renewal etc charges are not included as a part of any project/proposal unless mentioned otherwise. If required, a quote for which will be submitted separately and approved by the client.
Hosting charges are not included in the quotations unless mentioned otherwise. Neptune Technologies can organize an appropriate hosting solution if required, a quote for which will be submitted separately and approved by the client. 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. Neptune Technologies will not be liable for any delays or errors caused by direct or indirect actions of the hosting company.
Neptune Technologies generally builds and tests the websites/applications on our own servers or hosted domains.
Neptune Technologies cannot give access to their test servers and test websites to the clients or any third party. The website/application can be transferred-off to a nominated 3rd party server upon full payment of all invoices and dues.
All communications/correspondences are generally done via emails. It is client’s responsibility to keep us updated with their relevant email addresses.
