Overview

The Universal Terms of Service Agreement sets forth the general terms and conditions of your use of the Site and the Services. This Service Agreement this (“Service Agreement”) governs your use of softlabx Website development services and softlabx hosting s services “Hosting Services”).

Capitalized terms used in this Service Agreement, but not defined are defined in the Agreement.

DESCRIPTION OF SERVICES

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 Softlabx. 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 Softlabx.

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 analysed on a case-by-case basis.

Softlabx 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 Softlabx 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 Softlabx 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.

Softlabx software codes (not including open source software) are copyrights of Softlabx. 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.

The website or software application will be designed to be deployed on the web, via using a commercial grade web-server or a similar setup. Based on your website traffic, the website may not perform if deployed on a generic office network environment.

Depending upon the functionalities required, there may be 3rd party components such as Third-Party Payment Gateways or SSL certificates involved in building a website/application. Although Softlabx does its best in recognising the suitability of any such component, any unforeseen limitations of 3rd party components are beyond our control. Any third-party component purchase costs (such as SSL, Payment gateway, Google AdWords, Plug-in licenses etc) are not included in our quotes.

Softlabx takes no responsibility of any open source products such as WordPress, Open Source carts, Joomla etc. It is client’s responsibility to update all components and third-party software’s. We suggest you to take regular back-ups to avoid any disruptions.

Softlabx offer packages in co-ordination with third party providers. Changes to the thirdparty provider’s rules and policies may ultimately affect 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. Softlabx can organise an appropriate hosting solution if required, a quote for which will be submitted separately and approved by the client. Where clients decide to organise their own hosting, we should be consulted before finalising 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. Softlabx will not be liable for any delays or errors caused by direct or indirect actions of the hosting company.

Softlabx generally builds and tests the websites/applications on our own servers or hosted domains. Softlabx 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.

Notwithstanding any other provision in the agreement, in consideration of the Customer entering into this agreement with Softlabx, upon full payment of any outstanding invoices, Softlabx will grant an unconditional license to the Customer to reproduce, publish, communicate, use, exploit, vary, or otherwise deal with 1) the graphics, 2) texts and 3) images used in the published website and associated of form and functionality. This will not include the intellectual property relating to the production of the website including the digital strategies, programming codes, database structures, scripts, forms or functionalities.

All communications/correspondences are generally done via emails. It is client’s responsibility to keep us updated with their relevant email addresses.

Disputes, Liability and Indemnity

In an event of a dispute, Softlabx reserves the right to charge the client in full for the work done as well as for the resources spent in managing the dispute. In such an event, Softlabx reserves the right to charge the client without honoring any discounts that were previously honored in good faith. Under no circumstances will Softlabx be liable for any damages arising from misrepresentation or misinformation.

Softlabx reserves the right to refuse service to any client, if these are not aligned with our business operating principles and policies.

Softlabx provides its services as is, without any guarantees on security or other issues leading to loss of data, sale or reputation. We ensure to the best of our ability that our systems and servers are protected from hackers, viruses, intruders and other online and offline problems, however we will not be held liable for any disruption of services if such situation arises.

Relationship of Softlabx with its suppliers, partners and sub-contractors is of an independent nature. None of the parties have any power, right or authority to interfere or bind the other or assume or create any obligation or responsibility, whether expressed or implied, on behalf of the other or in the other’s name.

Client will indemnify and hold Softlabx, its licensors, content providers, service providers, employees, agents, officers, directors, contractors and sub-contractors (the “Indemnified Parties”) harmless from your breach of any of these Terms And Conditions or any other terms, conditions, policies or procedures herein, including, without limitation, any use of content other than as expressly authorized in these Terms and Conditions. Client agrees that the indemnified parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify and hold harmless the Indemnified Parties from any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information obtained from Softlabx.

Softlabx will not be liable for any breach of the agreement which is caused by a matter beyond its reasonable control including but not limited to Act of God, fire, lightning, explosion, war, disorder, flood, earth quake, industrial disputes (whether or not involving their employees), extremely severe weather, or acts of local or central government or other competent authorities.

Hosting

Hosting is an annual charge which must be paid in advance for the whole year. Except if the client is under one of our Maintenance packages.

It is the client’s responsibility to renew the hosting in time ie. before the expiry date. Failure to renew in time can lead to loss of files, data, emails, backups etc. All unpaid hostings are disabled or deleted from the server.

All renewals must be paid by seven working days prior to the expiry date. Softlabx will not be responsible for issues relating to delayed payment.

Hosting are on shared and non-shared servers hosted via third party providers. Softlabx ensures best to our ability that our systems and servers are protected from hackers, viruses, intruders and other online and offline problems, however we will not be held liable for any disruption of services if such situation arises.

Client is solely responsible for the content stored on and served by the hosting service purchased and the activity of any scripts or email services created under the hosting service. The Customer must maintain the security of all account passwords and applications or scripts and ensure all scripts under the hosting service are free from malicious content that may harm any part of the Server, other client accounts hosted, or the external systems of visitors viewing the hosted content.

Incase of a malware attack, Softlabx reserves the right to delete files on the hosting service without giving any prior notice.

Cancellation/Termination:

Hosting Cancellation requests must be sent in writing or by email one month prior to the expiry of the same. Once the hosting has been renewed, it cannot be cancelled and must be paid for the full year.

If the hosting is not paid and renewed before the expiry date. We reserve the right to disable the hosting and all associated services including emails and dns records. Additional charges will be applicable to re-enable the hosting. Softlabx will not be responsible for any loss of data, files, emails, backups, restoration costs etc

If a hosting has been cancelled / disabled then all files, emails, databases and backups will be deleted from the server without any notification to the client.

Once all invoices are paid, it is client’s responsibility to request for the files subject to the below:

Softlabx is a proprietary of all custom project development. Softlabx owns copyrights of all codes written for any client, unless arrangements are made prior to start of the project. Softlabx warrants a license to use any custom-built software for the client, for their use only. This license is granted while paying for the hosting. Softlabx custom software’s cannot be transferred to any external host; this includes any access to the software codes. FTP and Control panel access is not provided if the website is using Synapse CMS.

Softlabx custom software seg. CRM  is a proprietary Softlabx and cannot be transferred to any external host.

Emails:

All emails are to be downloaded on the client’s computer periodically. Email boxes must be kept within their quota limits. Periodical maintenance may be carried out on the email box and emails older than 6 months are deleted.

Client’s must not use the email hosting for inappropriate content and other undesired emails which can result in spamming or infecting the server. Under such circumstances, immediate action will be taken and the required files and data will be deleted without any prior notice.

Softlabx 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.

Hosting are on shared and non-shared servers hosted via third party providers. Softlabx ensures best to our ability that our systems and servers are protected from hackers, viruses, intruders and other online and offline problems, however we will not be held liable for any disruption of services if such situation arises.

DOMAIN

All domain registrations and renewals are to be paid in advance.

Expiration of a domain can result in service disruption and loss of domain.

Softlabx will not be responsible if a domain expires due to non-payment / late payment of the charges. All payments must be made by seven working days before the expiry date.

It is client’s responsibility to renew their domain names with us.

All invoices and dues must be paid in full before we release the requested domain name.

Softlabx has the domains in a common pool account and therefore cannot give access to its domain control panel.

Softlabx 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.

 

Intellectual Property

All content of this website is a property of Softlabx unless otherwise specified. Softlabx reserves the right to change the content or policies without any prior notice.

The project related copyrights can be transferred to the client at an additional cost, after the full payment of the project and upon signing the Certificate of Acceptance. Softlabx reserves the rights to refuse the transfer of ownership if irregular circumstances arise.

Copyrights handed over to the client do not include rights to re-use the code for another website or re-sell the programming codes for any commercial or non-commercial purposes. In the case of business restructuring or ownership change, ownership of the website may be transferred from one owner to another. New owners are not allowed to re-sell or re-use for any commercial or non-commercial purpose. Softlabx custom software and cms is a proprietary of softlabx and can not be transferred to any external host.

In an event of a Webmaster change, site owners are not allowed to display the credits to the new website, unless such time that the website functionality and appearance is changed by over 50% of our original work.

“Softlabx” is a trade mark of Softlabx, along with the symbol which consists of a ‘blockchain box’ surrounded by the letter ‘Softlabx’ and also the logo “Softlabx: Quality – Innovation – Excellence”. Clients, Partners, Suppliers, Sub-contractors and any other 3rd party organisation or individual are not allowed to use Softlabx including the name, logo and symbol in any way shape or form without a written permission from us.