Terms & Conditions

Terms and Conditions - Kite Web Technologies Pvt. Ltd.

1. GENERAL

The term and conditions contained herein shell constitute and from an entire Agreement (hereinafter referred to as ‘Agreement’) between Kite Web Technologies Pvt. Ltd. (KITE WEB TECHNOLOGIES PVT. LTD.) and the customer. Any clause of the term and conditions if deemed invalid, void or for any reason because unenforceable, shell be deemed severable and shell not affect the validity and enforceability of the remaining clauses of the Term and Condition of the Agreement.

2. SERVICES, EXCLUSIONS & PERFORMANCE

  • In the event the Agreement gets Terminated for any reason whatsoever before the expiry of the period of one year from the date of the Agreement , than the website, hosting ,and domain, if so applicable, provided by KITE WEB TECHNOLOGIES PVT. LTD. shall be chargeable by KITE WEB TECHNOLOGIES PVT. LTD. and the customer agree to pay for the same, in case the Customer intends to continue the use of such website, hosting after the period of the one year from the date of this Agreement.
  • That case the advertising budget of the customer is consumed before the expiry of the period of the one year from the date of this Agreement then also the customer shall be entitled to use the website, hosting and domain for the balance period. However in the event the customer intends to continue the use of such website, hosting and domain after the period of the one year from the date of this Agreement then the same shall be chargeable.
  • In the event the advertisement requirements requested by the Customer fall within the restricted category of Google or are not supported by Google or against the policy of Google the KITE WEB TECHNOLOGIES PVT. LTD. shall have the right to refund the balance consideration paid by the Customer
  • KITE WEB TECHNOLOGIES PVT. LTD. reserves the right of refuse or cancels any advertising requirement at its sole discretion, with or without cause, at any time. Balance advertising budget will be refunded to the Customer
  • Service contract is for Google Adwords, which is paid from of advertising on Google, customer’s website link would appear under sponsored links on Google search Results Page.
  • Our template based website solution would not be given along with FTP (file transfer protocol)
  • 3. CONSIDERATION

  • The consideration means the cost of the package purchased by the customer from KITE WEB TECHNOLOGIES PVT. LTD.
  • KITE WEB TECHNOLOGIES PVT. LTD. Deserves the right to charge for any additional work executed by KITE WEB TECHNOLOGIES PVT. LTD. The cost of click would include KITE WEB TECHNOLOGIES PVT. LTD. Charges over the above the actual cost of the click on Google Adwords.
  • In the event the customer agrees to pay the considerat ion for the services via ECS mode, than the same cannot be cancelled by the customer amidst the term of the Agreement, unless the Agreement is earlier terminated by KITE WEB TECHNOLOGIES PVT. LTD. At its sole discretion or by mutual consent of KITE WEB TECHNOLOGIES PVT. LTD. and the customer.
  • Once website is live after approval of the customer (which approved cannot be unnecessarily withheld), all the changes requested KITE WEB TECHNOLOGIES PVT. LTD. Shall be chargeable on mutually agreed terms , in the event the customer does not respond regarding the approval of the website, after having sent the same to it, foe its approval by KITE WEB TECHNOLOGIES PVT. LTD. Within 7 days from the date of being sent then the same shall be deemed to have been approved any charges requested thereafter to KITE WEB TECHNOLOGIES PVT. LTD. Shall be additionally chargeable. However client would have an all-time CMS access to make changes to the website.
  • 4. INDEMNITY

    Customer shall indemnify and hold KITE WEB TECHNOLOGIES PVT. LTD. Harmless from all claims cost, proceeding damages and expenses (including legal and other professional fees and expense) awarded against or incurred or paid by KITE WEB TECHNOLOGIES PVT. LTD. As a result of or in connection with any alleged or actual infringement of any third party intellectual property right ( including copyright ) or other right arising out of the use or supply of the information by or on behalf of the customer to KITE WEB TECHNOLOGIES PVT. LTD.

    5. TERMINATION

    If the contract is terminated by customer before services under the Agreement are to being executive or are in the process of completion that in such an event under no circumstances, the consideration paid or agreed to be paid by customer, shall be refundable and the same shall be forfeited in full.

    6. MISCELLANEOUS

  • KITE WEB TECHNOLOGIES PVT. LTD. Shall be permitted to identify customer as KITE WEB TECHNOLOGIES PVT. LTD. Client and may use customer name in connection with KITE WEB TECHNOLOGIES PVT. LTD. Marketing initiative.
  • Customer agrees and permits KITE WEB TECHNOLOGIES PVT. LTD. To make calls and massage on his mobile and office contact number subsequent to the signing of this Agreement.
  • Customer agrees to take virtual number from KITE WEB TECHNOLOGIES PVT. LTD. For the purpose of running the advertising campaign and to enable measurability of the campaign. it is agreed by the between KITE WEB TECHNOLOGIES PVT. LTD. and the customer that KITE WEB TECHNOLOGIES PVT. LTD. Within its right, to discontinue the above stated virtual number for the customer, in the event, the customer chooses not to advertise further. These calls would be recorded for reference and quality purpose.
  • KITE WEB TECHNOLOGIES PVT. LTD. Authorized to replicate the existing website of customer on its sub-domain and is here by authorized to make such changes as may be required for the betterment of the delivery of the advertising campaign.
  • Clients agree to do all the requisite changes recommended by KITE WEB TECHNOLOGIES PVT. LTD. On its website in order to enhance the advertising campaign performance.
  • Customer authorizes KITE WEB TECHNOLOGIES PVT. LTD. To make critical decision like daily Budget, CPS, Keywords, GEO Network / Devices for the enhanced performance of the advertising campaign.
  • 7. DISCLAMER

  • KITE WEB TECHNOLOGIES PVT. LTD. Makes no representation, warranties or guarantees of any kind as to the level of sales, purchases, clicks, sales leads or other performed that customer can expect from advertising campaign through KITE WEB TECHNOLOGIES PVT. LTD. any estimates provided by KITE WEB TECHNOLOGIES PVT. LTD. To the customer are not intended to create any binding obligations or to rely upon by the customer and the same are mere estimates.
  • KITE WEB TECHNOLOGIES PVT. LTD. Will not be liable for any loss of profit, loss of contract, loss of use, or any direct and /or indirect and /or any consequential loss, damage or expense sustained/ incurred by the customer as a result of any acts or omissions or information or advice done / given in any form by or on behalf of the KITE WEB TECHNOLOGIES PVT. LTD. To the customer and the customer is advised to make its own inquiries and use its own best judgment and / or intellect before taking any decision regarding the same.
  • In addition to the above it is further agreed that the customer shall be solely liable for any loss or damage, whether monetary or otherwise, suffered by it, as a result of any change effected by it, on its own , in the website by using CMS and KITE WEB TECHNOLOGIES PVT. LTD. Shall not be held on any account what so ever.
  • Customer would be provided access to reporting interface by KITE WEB TECHNOLOGIES PVT. LTD. Showcasing all the critical performance parameters however KITE WEB TECHNOLOGIES PVT. LTD. Accepts no liability based on performance.
  • 8. FORCEMAJURE

    Neither party will be liable to the other for any delay failure to fulfill obligations set forth in this agreement caused by force majeure reasons or circumstances beyond their control.

    9. COMMUNICATION

  • Any notice send by the customer with respect to this agreement has be in writing and has to be sent through registered post at the following address KITE WEB TECHNOLOGIES PVT. LTD., B 154 C New Ashok Nagar, Delhi -110096.
  • In case of any query the customer can contact the accounts manager of KITE WEB TECHNOLOGIES PVT. LTD. Between 10 Am to 6 Pm between Monday to Friday on the phone number given on the face of the present invoice.
  • 10. SERVICES, EXCLUSIONS & PERFORMANCE OF THE SERVICESAS MAY BE APPLICABLE

  • In the event the advertisement requirements requested by the customer fall within the restricted category of the third party are not supported by third party or are against the policy of third party the KITE WEB TECHNOLOGIES PVT. LTD. Shall have the right to refund the balance consideration paid by the customer.
  • KITE WEB TECHNOLOGIES PVT. LTD. Website designing solution is not be given along the FTP user name and password (File Transfer Protocol).
  • Keyword suggested by KITE WEB TECHNOLOGIES PVT. LTD. are for suggestive purpose only and the final keywords on which ads will run may differ to provide best possible results to be customer.
  • Once the daily budget of the customer is exhausted, the ads will stop appearing on search/ display platforms. It will restart again on the next day this will continue until your total budget is spent.
  • 11. FACEBOOK PAGE MANAGEMENT

  • The customer undertakes to notify new announcement at least three working day advance.
  • It is agreed and understood by the customer the once the content calendar is approved by the Parties to the agreement than the same cannot be changed.
  • The customer under makes to provide substantial answers to KITE WEB TECHNOLOGIES PVT. LTD. order to any quires posted on page.
  • The customer by virtue of this agreement undertakes to provide to KITE WEB TECHNOLOGIES PVT. LTD. sole administration rights of its social pages.
  • E-COMMERCE & CUSTOM WEBSITE

  • Any third party application such as Payment, gateway, shipping, SMS gateway, SSL certificate or stock photos will need to the purchased by the customer and they shall own the copyright to these materials. Customer will retain the ownership of aforesaid mentioned third party application.
  • It is agreed the understood by the customer that KITE WEB TECHNOLOGIES PVT. LTD. shall in integrate only one payment gateway in the present scope of the work.
  • It is agreed the understood by the customer that the hosting (sever size and cost) is subjective to the website size.
  • It is agreed the understood by the customer that the regarded to the browser compatibility the website shall be compatible in IE8, Google chorme12.x, Mozilla Firefox4.x.
  • It is agreed the understood by the customer that the website will be compatible on Windows OS only. Further the website will be 95% compatible on other operating system.
  • It is agreed the understood by the customer that website will have only 1 admin. No sub –admin or rights managements for backend modules shall be provided.
  • KITE WEB TECHNOLOGIES PVT. LTD. undertake that the website shall adhere to W3C validation as for as possible.
  • EMAILS, DOMAIN & HOSTING

  • The customer wishes to engage KITE WEB TECHNOLOGIES PVT. LTD. For the services relating to only email or hosting solutions than in such event the customer would be need to points NS1 &NS2 of the said domain to the server of KITE WEB TECHNOLOGIES PVT. LTD.
  • In the event the customer is changing his current hosting to that of KITE WEB TECHNOLOGIES PVT. LTD. Hosting than the customer must download his existing emails is outlook else he’ll lose those emails and KITE WEB TECHNOLOGIES PVT. LTD. Shall accept no responsibility of the same.
  • Customer would only be provided with a CMS where he can do the requisite changes website. Since it’s proprietary software there KITE WEB TECHNOLOGIES PVT. LTD. Shall provide the FTP details SEARCH ENGINE OPTIMISATION (SEO)
  • IFTB details of the site should be provided by the customer in case the website is not built by KITE WEB TECHNOLOGIES PVT. LTD.
  • Keywords once chosen cannot be changes during the entire duration of the project. If changed, there is an extra cost. Each keyword shall 10 % of total project cost regardless of the timeline of the project.
  • Our performance shall be judged by improvement in ranking of the keywords.
  • Keyword shown once on the first page will be considered as an accomplishment.
  • By the end of the duration, all the keywords would have ranked on the first page at least once. If one then KITE WEB TECHNOLOGIES PVT. LTD. Undertakes to keep working for that keyword free of cost.
  • If any changes are done on the website without prior notice and approval of KITE WEB TECHNOLOGIES PVT. LTD. Than the responsibility of KITE WEB TECHNOLOGIES PVT. LTD. For the accomplishment shall cease.in such a scenario, the on page optimization would have to be done again.
  • Which would attract the set up cost and the same shall be payable by the customer.
  • SEO packages cover SEO for only 1 Search Engine (eg. Google.co.in) SEO for more than 1 Search Engine would be taken as different package altogether.
  • Due to changes in the Search Engine Algorithm there is a possibility of fluctuations in the ranking. Through KITE WEB TECHNOLOGIES PVT. LTD. will work towards getting the ranking back and in corporate necessary changes in the strategy but will not be responsible for any time delay in this process.
  • In case client decides to terminate the contract before completion go minimum duration, KITE WEB TECHNOLOGIES PVT. LTD. Shell not be liable to meet the deadlines.
  • KITE WEB TECHNOLOGIES PVT. LTD. Undertakes to provide of the customer regular report on a monthly basis.
  • 12. OTHER

  • The customer and shell supersede all prior commitments if any, agreements, communications, discussion relating to the services covered herein and particularly mentioned on the face of this Agreement.
  • The charges /considerations mentioned on the face of the agreement are only the proposal submitted by KITE WEB TECHNOLOGIES PVT. LTD. To the customer and any scope of the work not covered in the proposal shell be charged extra.
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