Website Maintenance Terms of Agreement
Aarav Infotech India Pvt. Ltd. will provide the maintenance for client’s websites as outlined per the client’s request indicated in the “Website Maintenance Agreement”. With respect to whether Aarav Infotech India Pvt. Ltd. response time is reasonable, maintenance requests submitted by the client after 6:00 PM (Indian Time) will be deemed received on the next business day (Saturday, Sunday, and government holidays do not constitute business days) and maintenance requests submitted by the client on weekends or government holidays shall be deemed received on the first business day following the weekend and/or government holiday. In the majority of cases, requested work is completed within 24 to 48 hours of the received request unless it’s a major request.
The client is solely responsible for providing Aarav Infotech India Pvt. Ltd. with clear and specific instructions as to what modifications are to be made to client’s website. Aarav Infotech India Pvt. Ltd. shall take reasonable steps to clarify ambiguous requests; however, Aarav Infotech India Pvt. Ltd. will not be liable to client or any third parties for unclear or ambiguous requests submitted by clients or client’s agent or agents. Aarav Infotech India Pvt. Ltd. will take reasonable steps to notify client or clients’ agent when modifications are made to client’s website. In all cases, email communications shall be deemed reasonable. Client agrees to review and inspect Aarav Infotech India Pvt. Ltd. services and work with Aarav Infotech India Pvt. Ltd. as soon as reasonably possible to ensure that the work is accurate and appropriate. The client agrees to communicate any omissions, errors or other changes identified with Aarav Infotech India Pvt. Ltd. services to Aarav Infotech India Pvt. Ltd. via email and or telephone as soon as reasonably possible upon discovery. Aarav Infotech India Pvt. Ltd. will attempt to resolve any genuine errors as quickly as possible; however, Aarav Infotech India Pvt. Ltd. does not accept responsibility for any loss, damage, or injury, either monetary or otherwise, due to any delay or similar circumstance.
For the purposes of providing these services, Client agrees:
- To answer any questions from Aarav Infotech India Pvt. Ltd., in regard to task work on website, promptly.
- To provide Aarav Infotech India Pvt. Ltd. with access to its website for the purpose of providing Maintenance Services.
- To properly convey to Aarav Infotech India Pvt. Ltd. the information about content updates (if these are covered by the Maintenance Package).
- To provide Aarav Infotech India Pvt. Ltd. access their web hosting account, providing active user name / password combinations for access to the server via (S)FTP, assuring that correct permissions are in place on hosting provider.
Client understands, acknowledges and agrees that:
- All monthly updates are scheduled at our convenience and in accordance with our schedule. We have a process and a workflow that we use to maintain all of our clients’ websites in a fair and orderly fashion. The only exception being in the case of Client’s website being totally offline or down for some reason, in which case their issue would be considered an ‘emergency’ and would take priority.
- CMS design, integration of plugins that require intensive configuration, or programming of things that require extensive time to set up, including but not limited to blogs, shopping carts, API integrations with third party services, and web forums are not considered “minor” changes and therefore are not included in the Maintenance Agreement. These require a separate design or development agreement.
- Maintenance Agreement does not include training on how to use your website, WordPress, or email, but we can provide training at additional cost.
- Maintenance Agreement does not include training on search engine optimization (SEO) or other online digital marketing.
- All communications will be done during regular business hours, which are Monday through Saturday from 9:30 AM to 5:00 PM (IST).
- If the Client’s website is not hosted with Aarav Infotech India Pvt. Ltd., we have no control over Client’s hosting company in regard to server downtime, incompatibilities with software, PHP compatibility issues, etc.
- If the Client’s email accounts are not hosted with Aarav Infotech India Pvt. Ltd., we can’t be responsible for Client’s email issues or troubleshooting problems on their own computer. Our role is to maintain and keep your website running at its optimal capabilities.
- Aarav Infotech India Pvt. Ltd. has no control over the policies of search engines or directories with respect to the type of sites and/or content that they accept now or in the future. Client’s web site(s) may be excluded from any search engine or directory at any time at the sole discretion of the search engine or directory entity.
- Unused ticket is accumulative and will transfer from month to month. Lapses at the contract end.
- Aarav Infotech India Pvt. Ltd. is not responsible for rewriting sentences, restructuring paragraphs, or checking for typing errors, misspellings, etc.
- Aarav Infotech India Pvt. Ltd. is not responsible for changes made to Client’s web site(s) by other parties, including the Client themselves.
- During the duration of this contract, the Client agrees that Aarav Infotech India Pvt. Ltd. will be the sole provider of maintenance services for the website, and no other party will have access to or rights to change the web site’s code . If a party, including the Client, other than Aarav Infotech India Pvt. Ltd. makes changes to the web site’s code, any errors that are created must be repaired by themselve and will be charged onetime cost if its has to be resolved by Aarav Infotech India Pvt. Ltd.
- Aarav Infotech India Pvt. Ltd. is not responsible for third-party plugins that may become unusable as a result of Maintenance Services performed.
- Aarav Infotech India Pvt. Ltd. will not repair Client’s website(s) that became compromised, hacked, or otherwise defaced or infected prior to ordering Maintenance Services.
- Website maintenance services by Aarav Infotech India Pvt. Ltd. are flexible in tenure, you can opt for a month or for a year.
- Payment Methods
o Monthly Website Maintenance fees require credit card for payment. No other forms of payment will be accepted for monthly website maintenance payments. Monthly Maintenance Fees are billed monthly automatically, you are solely responsible for managing your billing subscription.
o Quarterly, Half-Yearly, Annual and Bi-Annually Website Maintenance fees may be paid with Credit Card, Debit Card, Net Banking, UPI, Wallet, RTGS, NEFT or IMPS.
- Website maintenance fees will be charged to the clients credit card on subscription start date of each month.
- If we hold your billing subscription such as with a manual sign up via credit card, you must notify us to cancel your recurring billing at least 15 days prior to your next due date.
- Aarav Infotech India Pvt. Ltd. will carryout revoking its branded plugins and integrations prior cancelation of the maintenance subscription.
- Your website maintenance service subscription and any billing associated will remain active unless special arrangements are honored.
- It is up to the end-user/subscriber to utilize their allocated monthly (change requests) service coverage in which they are being billed for per month to request service.
- Aarav Infotech India Pvt. Ltd. will roll over un-used service coverage on a month to month basis, however will be lapsed at the year or contract end.
- Cancellation & Refund of Monthly Subscription: monthly subscription can be cancelled prior initiation of the maintenance service or within the first 3 days of the service whichever is earlier. Within 7 business days from the day of cancelation requested, the paid amount will be refunded post deduction of transactions fees.
· 30 Days Money Back Guarantee: applicable to quarterly, half-yearly and annual subscriptions, if cancellation request submitted prior 30 days of the service subscribed. Within 7 business days from the day of cancelation requested, the paid amount will be refunded post deduction of transactions fees.
· We’re sure you understand how important it is as a small business that you pay the invoices that we send you promptly. We’re also sure you’ll want to maintain a positive working relationship and keep the maintenance moving forward, so you agree to stick tight to the following payment schedule.
· In the event payment is not made within 15 days, Aarav Infotech India Pvt. Ltd. will charge a late payment fee of 10% per month on any overdue and unpaid balance not in dispute, to cover the manpower, interest, and other costs Aarav Infotech India Pvt. Ltd. pays for carrying overdue invoices from client.
· Aarav Infotech India Pvt. Ltd. reserves the right to stop work for client until payment is received.
· This contract can ONLY be renewed by both parties at least 15 Days prior to the expiration date. The client may terminate this agreement at the expiration of the subscription tenure or any extension thereof by giving Aarav Infotech India Pvt. Ltd. at least fifteen (15) days written notice either via email or in written letter form before the expiration of this agreement.
· Absent such a timely notice to terminate the current service, this agreement will continue to the next subscription tenure and the respective invoices will be sent to client. Upon non-receipt of invoiced renewal amount, the subscription will be terminated automatically. No further website maintenance services will be carryout under the stated contract. Upon successful renew of the subscription, all terms and provisions of this agreement shall remain in full force and effect in the event that this agreement continues beyond the initial subscription tenure period.
This Agreement may be terminated in the following circumstances:
a) By either party giving the other party fifteen (15) days notice in writing to that effect;
b) Immediately by Aarav Infotech India Pvt. Ltd. for late payment and/or breach of any terms of this agreement by the Client. Aarav Infotech India Pvt. Ltd. shall be entitled to immediately commence activity to collect any outstanding balance, including referring the matter to an outside collection agency and/or assigning the agreement and all rights and/or obligations hereunder to any third party without notice for late payment, non-payment or breach of contract by Client. Client hereby consents to such an assignment. Moreover, if client fails to make timely payments to Aarav Infotech India Pvt. Ltd. under this agreement, client authorizes Aarav Infotech India Pvt. Ltd. to report any late payment or non-payment to any and all credit reporting agencies. Aarav Infotech India Pvt. Ltd. retains the right to immediately terminate or suspend the MAINTENANCE SERVICE to the said client in the event that the client’s payment is late or if client breaches any provision of this agreement. Aarav Infotech India Pvt. Ltd. will strive to, but is not required to, provide client with notice of said termination or suspension.
Aarav Infotech India Pvt. Ltd. reserves the right to change the coverage, pricing, and/or terms of our service plans at any time during active service. If a change in service pricing should occur, notice will be provided 30 days in advance. Aarav Infotech India Pvt. Ltd. reserves the right to cancel service, discontinue, or temporary suspend service at any time.
- A single service request is applicable to a single designated area of your website.
- All service requests must be approved and scheduled prior to beginning work on the request.
- If a service request requires or is estimated to accrue overages or out-of-scope, you will be informed and presented with additional pricing options.
- It is your responsibility to inform us of changes, updates, and provide general service requests to your website.
- Website backups and compliance updates are provided during the process of fulfilling a service request and are generally applied to the area of your website that is being serviced unless ongoing tasks are pre-arranged.
- If a particular service request does not meet our approval standard, we reserve the right to refuse the specific request and/or offer an alternative solution.
- In the case of custom service such as with a complete website build, application development, or general web development, service will be issued and priced separately on a case by case basis.
Upon termination of this agreement, provided that there is no outstanding indebtedness then owing by client to Aarav Infotech India Pvt. Ltd., Aarav Infotech India Pvt. Ltd. shall transfer, assign and make available to client all property and materials in its possession or control belonging to client. Client agrees to pay for all costs associated with the transfer of materials.
Client agrees to indemnify, defend and hold Aarav Infotech India Pvt. Ltd., its agents, affiliates, subsidiaries, directors, officers, employees, and applicable third parties (collectively “Indemnified Person(s)”) harmless from and against any and all third party claims, liability, loss, damage, injury, and expense (including damage awards, settlement amounts, and legal fees), brought against any Indemnified Person(s), arising out of, related to or which may arise from client’s use of , any websites(s), and/or client’s breach of any term of this agreement.
This Agreement shall be governed and construed in accordance with the laws of the State of MAHARASHTRA in the County of INDIA.
The parties each individually represent and warrant that each has full power and authority to enter into this Agreement and to perform all of their obligations hereunder without violating the legal or equitable rights of any third party.
Except as otherwise set forth or referred to in this Agreement, this Agreement constitutes the sole and entire Agreement and understanding between the parties hereto as to the subject matter hereof, and supersedes all prior discussions, agreements and understandings of every kind and nature between them as to such subject matter.
If any provision of this Agreement is held to be illegal, invalid, or unenforceable under any present or future law, then that provision will be fully severable. In such instance, this Agreement will be construed and enforced as if the illegal, invalid, or unenforceable provision had never comprised a part of this Agreement, and the remaining provisions of this Agreement will remain in full force and effect.
Infotech India Pvt. Ltd. service consists of website maintenance.
This maintenance service includes making routine changes or updates to the client’s website content, such as adding, editing or deleting…
· Product and/or service offerings and pricing or other promotional efforts
· Time-sensitive events such as company news or human resource information
· Company articles, photos or graphics, and company contact information
· Customer service issues in FAQ or Question and Answer format
· Adding and/or removing hyperlinks
· Making basic alterations to images or other graphics
· Additional web pages
· Website database management
· Not limited to above and as per the agreed contract
Aarav Infotech India Pvt. Ltd. service include non-routine website maintenance services (unless stated in contract), such as:
· Structural or non-content-related changes to websites
· Advanced alteration of images or graphics
· Design, development, or enhancement of advanced programming or visual structures
· E-commerce redesign
· Changes to flash content
· Host to Host Migration Service
· Major Responsive issues
· Any Third-Party Plugin, Image, Resource Cost would be charged at actual or would be provided by the client
· Aarav Infotech India Pvt. Ltd. will incorporate its signature in the client website footer as “Website Maintenance by Aarav Infotech” unless a non-incorporation request from client has received.
Aarav Infotech India Pvt. Ltd. service will only be provided for the one website specified which includes any sub-domains, in the client’s “Website Maintenance Agreement”. One website shall consist only of those web pages listed under a single URL or domain name. Thus, clients with multiple website must submit a separate “Website Maintenance Agreement” for each site or sub domain or obtain written consent from Aarav Infotech India Pvt. Ltd. to treat multiple websites or sub domains as a single website.
Parties agree to attempt to resolve any dispute by negotiation between the parties.
Client agrees to pay any and all legal fees that was a result of any claim, lawsuit or dispute that client pursues, including lawyer fees, travel expense as a result of any lawsuit and all non-legal expenses that were as a result of any lawsuit or claim, regardless of the winning party.
INDEMNIFICATION AND LIABILITY
By signing on to this agreement, CLIENT agrees that Aarav Infotech India Pvt. Ltd. IS NOT LIABLE of current and future website errors, hacking, or other technical problems and holds no responsibility if such issues were to occur. Client shall indemnify Aarav Infotech India Pvt. Ltd. from any and all damages, liabilities, costs, losses, expenses or attorney fees arising out of any claim, demand, or action by a third party arising out of any breach of Client’s responsibilities or obligations, representations or warranties under this Agreement. Aarav Infotech India Pvt. Ltd. shall promptly notify Client in writing of any third party claim or suit. Client shall have the right to fully control the defense and any settlement of such claim or suit.
BY Aarav Infotech India Pvt. Ltd.:
Aarav Infotech India Pvt. Ltd. agrees to execute all items listed in ACCEPTED PROPOSAL and abide by this services agreement.
LIMITATION OF LIABILITY:
THE SERVICES AND THE WORK PRODUCT OF COMPANY ARE SOLD “AS IS.” IN ALL CIRCUMSTANCES, THE MAXIMUM LIABILITY OF COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, DESIGN AGENTS AND AFFILIATES (“COMPANY PARTIES”), TO CLIENT FOR DAMAGES FOR ANY AND ALL CAUSES WHATSOEVER, AND CLIENT’S MAXIMUM REMEDY, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL BE LIMITED TO REFUND OF THE FEE OF THE CURRENT MONTH AND ANY BALANCE AMOUNT PAID IN ADVANCE TO BE REFUNDED ON PROPORTIONATE BASIS. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY LOST DATA OR CONTENT, LOST PROFITS, BUSINESS INTERRUPTION OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE MATERIALS OR THE SERVICES PROVIDED BY COMPANY, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
* AARAV INFOTECH INDIA PVT. LTD. reserves the right to amend its policies at any time.
If you have any questions concerning the above stated terms and conditions then please email us at [email protected].
This file was last modified on May 13th, 2021.