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Terms and Conditions

DifDesigner Technologies, No.06, Hulgol Complex, Hospet Road, Sirsi, Karnataka, India - 581402

Will provide you with the services set out in your confirmed Purchase Order. Only those services mentioned will be provided by DifDesigner.com and any amendments, add ons or schedule changes must be agreed to in writing. This and the following clauses are the General terms and conditions on which those services are supplied and together with the Purchase Order and Fee Schedule form the total agreement between us.

General

DifDesigner Technologies will carry out work only where an agreement is provided either by email, telephone, mail or fax. DifDesigner Technologies will carry out work only for clients who are 18 years of age or above. An 'order' is deemed to be a written or verbal contract between DifDesigner Technologies and the client; this includes telephone and email agreements.

If any of these terms and conditions (or part of them) is void or unenforceable, it is taken to be removed and no longer forms part of the Agreement between us. The remaining terms and conditions remain in full force and effect.

Written communications between us may take the form of letters, formal documents, faxes or emails.

More information about our Terms and Conditions..

Website Design

Whilst every endeavour will be made to ensure that the website and any scripts or programs are free of errors, DifDesigner.com cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.

The website, graphics and any programming code remain the property of DifDesigner.com until all outstanding accounts are paid in full.

Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by DifDesigner.com remain the copyright of DifDesigner.com and may only be commercially reproduced or resold with the permission of DifDesigner.com.

DifDesigner.com cannot take responsibility for any copyright infringements caused by materials submitted by the client or used by the client in the future on their website. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.

Any coding additions to website briefs provided will be carried out at the discretion of DifDesigner.com and may carry an additional cost. Where no charge is made by DifDesigner.com for such additions, DifDesigner.com accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions.

The client agrees to make available as soon as is reasonably possible to DifDesigner.com all materials required completing the site to the agreed standard and within the set deadline.

In no event shall DifDesigner.com be liable for any direct, indirect, consequential, special and exemplary damages, or any damages whatsoever, stemming from the use or performance of a client website or from any information, products and services provided through client sites, even if this website has been advised of the possibility of such damages.

  • In the absence of any negligence or other breach of duty by us, your use of our client websites is entirely at your own risk.
  • If we are in breach of the arrangements under this agreement, we will not be responsible for any losses that you suffer as a result.
  • We do not have any liability of any sort (including liability for negligence) for the acts or omissions of providers of telecommunication services or for faults in or failures of their networks and equipment.

Once a website has been designed and completed the final balance of payment is then due in accordance with our payment terms. There are no exceptions to this, i.e. if the client decides they no longer want the site, as they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been done. Non-payment will result in legal action being taken if necessary. Once full payment is received for a website, it is assumed that the project has been completed to the client's satisfaction and no refunds can be offered. We do offer free updates for a month after completion to allow for any final amendments that may be required.

Limitation of Liability

  1. All terms conditions, warranties, undertakings inducements and representations, whether express or implied, statutory or otherwise relating to the provision of services by DifDesigner.com not contained in the Agreement are excluded and DifDesigner.com (DifDesigner Technologies) WILL NOT ACCEPT LIABILITY FOR ANY LOSS OR DAMAGE (INCLUDING CONSEQUENTIAL LOSS OR DAMAGE) HOWEVER CAUSED (WHETHER BY NEGLIGENCE OR OTHERWISE) WHICH MAY BE SUFFERED OR INCURRED OR WHICH MAY ARISE DIRECTLY OR INDIRECTLY with respect to the service.
  2. Where any applicable legislation implies any term, condition or warranty into the Agreement or in respect of DifDesigner.com's relationship with you, or otherwise gives you a particular remedy against DifDesigner.com and the legislation or any other legislation renders void or prohibits provisions excluding or modifying the application of, exercise of, or liability under such implied term, condition, warranty or remedy will be deemed to be included in the Agreement or as the case may require apply to the relationship between DifDesigner.com and you. However, DifDesigner.com's liability for any such breach of such implied term, condition or warranty or under such remedy, will be limited, at DifDesigner.com's option, in any one or more of the ways permitted in that legislation, including, where so permitted if the breach relates to Services the supplying of those services again or the payment of the cost of having those Services supplied again.
  3. You acknowledge that web sites cannot be guaranteed to be 100% error free in construction and/or 100% secure, and acknowledge that the existence of errors falling short of a complete failure of consideration in the site shall not constitute a reason to terminate this agreement.
Suspension of Services
  1. DifDesigner.com reserves the right to suspend services in any case where you fail to perform your obligations under this agreement. If payment for services is not received within the terms of payment stipulated by us websites may be taken down until payment is confirmed.
  2. DifDesigner.com may from time to time and without notice or liability to you suspend any of the services if the reason for doing same is an event beyond the reasonable control of DifDesigner.com.
  3. DifDesigner.com may discontinue services if an amount payable to DifDesigner.com is overdue or take down a website permanently in any case where an amount payable is overdue by more than 10 days. In any such event, you remain liable for the total cost of the contract including all disbursements; unless otherwise agreed between the parties.
Contents of Web Pages and Undertakings
  1. You will be solely responsible for the content of your Web Page/undertakings. DifDesigner.com is not responsible for proofreading any content unless specifically agreed.
  2. DifDesigner.com makes no representations to you concerning the content or functionality of your Web Site. This is your responsibility to ensure that it meets your requirements.
  3. If you provide DifDesigner.com with goods, material, photographs, film, data or information to be used in any form, you hereby warrant that these do not infringe the rights of third parties and indemnify DifDesigner.com against any action taken against DifDesigner.com by any such third party.
  4. Without limiting the generality of the foregoing, you agree not to infringe the copyright trademark, privacy or personal or proprietary rights of third parties, supply libellous, abusive, obscene material or disparage the products or services of any third party.
  5. DifDesigner.com for its part hereby undertakes not to knowingly infringe the rights of third parties in activities conducted on your behalf.
  6. You are solely responsible for dealing with persons who access your data or webpage and warrant that you will not refer complaints or inquiries in relation to such data to us.
Technical Support, Changes and Maintenance
  1. Technical assistance via telephone or email will be offered. Extensive queries taking more than 15 minutes to deal with or site maintenance will be charged at hourly rates. See particulars of hourly rates in our Fee Schedule.
  2. Technical assistance on-site will be offered and will be charged at hourly rate. Transportation fees will also be charged on hourly rate where applicable, otherwise as agreed. See particulars of hourly rates in our Fee Schedule.
Web Hosting

Whilst DifDesigner.com recommends hosting companies to host websites, no guarantees can be made as to the availability or interruption of this service by DifDesigner.com cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss.

DifDesigner.com reserves the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial, and also to terminate the free hosting service should the necessity arise.

DifDesigner.com does not support code and websites that are migrated to a third party provider server. Any code released and migrated is the responsibility of the new server owner.

Please note that DifDesigner accepts no responsibility for delays or down time, breakdowns or data loss caused by Internet Service Providers (ISPs)

Copyrights and Trademarks

The Client represents to Developer and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Developer for inclusion in Web pages are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend Developer from any claim or suit arising from the use of such elements furnished by the Client.

Intellectual Property

All creation files remain the property of DifDesigner.com.

DifDesigner.com retains the Copyright in and the right to use all artwork created in advancing the profile of DifDesigner.com and to be recognized for artwork created by DifDesigner.com.

DifDesigner.com shall be free to reproduce, use, disclose display exhibit, transmit, perform, create derivative works, and distribute any item from your Web Page unless specifically agreed otherwise. Further, DifDesigner.com shall be free to use any ideas concepts know-how or techniques acquired in construction of sites for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and other items incorporating such information unless specifically agreed otherwise.

DifDesigner.com observes Privacy Laws and Guidelines relating to personal data.

Any code or original artworks or graphics developed by DifDesigner.com or our contractors including HTML mark-up, Flash and multimedia including audio and video, database design and development, data collection and web based administration are licensed to the client for use in their own single website. It cannot be copied, reused or resold without the written permission of DifDesigner.com. Original graphics created for use in the proposed website cannot be re-used in any other website or for other promotional media including brochures, press or other advertisements without our express written permission and/or additional fees.

The licensing for any server side programs and scripts including those written in PHP, Java, CGI requires the program, scripts and data to be held on a web server run by DifDesigner.com. Such scripts are strictly the copyright of DifDesigner.com and all rights are reserved. They must not be edited, copied or transferred to another server without the express written permission of DifDesigner.com.

Compatibility

DifDesigner.com will endeavour to ensure that any developed/designed site or application will function correctly on the server it is initially installed in and that it will function correctly when viewed with the web browsing software Microsoft Internet Explorer and to an acceptable level with Mozilla browsers, such as Firefox. DifDesigner.com can offer no guarantees of correct function with all browser software as they constantly change.

Your Privacy

We do not share or sell any of your personal details with third party companies, without your express permission and we will only email you or contact you about work related matters.

Costs and Payments

You must pay all charges as set out in the Purchase Order. As prices quoted on DifDesigner.com material may change at any time without notice, please check the price on your Purchase Order before confirmation. Cost estimates are only valid for a period of 8 days.

You will remain liable for all fees during any period when Services have been discontinued or suspended due to a failure on your part to comply with these terms and conditions.

You will be invoiced as agreed in your purchase order. All accounts are payable within 5 days of invoice.

You are liable to pay overdue interest at 5%/week on any amounts not paid within 5 days of invoice, 10%/week in case of web hosting. All intellectual property rights remain with DifDesigner.com until payment.

You must pay DifDesigner.com's charges without any set off, counter claim or deduction unless same is agreed in writing between us.

DifDesigner.com reserves the right to prioritize early paying clients and to charge urgency fees for turnaround within 3 working days. (VIP status)

Agreed Costing is conditional on your supplying data required for a Website Stage or completion deadline agreed within 15 working days of confirmation of Order. DifDesigner.com reserves the right to revise costing if that condition is not met in line with charges applying at the relevant time.

No final artwork or files will be delivered until final invoices are paid in full. Payment by cheque will entail waiting for clearance before supply of files. Delivery being: Supply of final artwork digital files to printer, on disk, via email or uploaded to nominated ISP. Construction files remain the property of DifDesigner.com unless arranged otherwise. We will not deliver you any html, dhtml, php, javascript, flash, photoshop files and or any other created/designed by difdesigner.com.

Printer or ISP Liaison is charged at our current rate per hour.

Dispute Resolution

The parties agree that if any dispute should arise under this agreement, attempts in good faith by both parties will be made to resolve the matter fairly before resorting to court procedures. In doing so, each party agrees to use its best endeavours to:

  • Clearly communicate in writing the background facts leading to or causing the dispute
  • Set out clearly what action is required to settle the dispute
  • Select a way of resolving the dispute and explain why that way of resolving the dispute can be said to be a fair resolution
  • Discuss specific means of avoiding such disputes in the future
Complaints Procedure

Anyone who experiences a problem with their web service provided by DifDesigner.com should raise the matter directly using our online contact form to do so, giving sufficient information to locate the material (such as an url) and clearly outlining the grounds for complaint. DifDesigner.com will approach the individual responsible for the material in question with a view to resolving the matter to the satisfaction of the complainant.

Formal complaints procedure

The formal complaints procedure should only be used where the complainant feels that the nature of the complaint is too serious to be dealt with informally, or where a satisfactory conclusion has not been reached after following the informal procedure.

A formal complaint should be made in writing to Designer, who will acknowledge receipt and ensure that the matter is looked into as soon as possible.

An initial response to any complaint can be expected within seven days of its receipt; a full and considered response to the complaint should be completed within 30 days and any subsequent remedy implemented with the minimum of delay.

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Customer Testimonials

Raveendr
It's a great service with fantastic support. It's definately good value for your money. Overall rating, 10 out of 10.
Abhiti
Much better than my previous hosting company - I also got help with migration at no extra cost. Friendly support too.