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Please read terms carefully before starting project work.

 

General Website Projects Terms

1. Upon quote acceptance/sign-off, an initiation payment is processed to commence the project. Scoping meetings may be held to discuss project requirements in detail.

2. After receiving brand details such as logo, images, and branding materials, a design mock-up will be provided for review within 5 to 10 working days.

3. Clients can review the design and suggest improvements. Generally, up to 3 to 5 design modifications can be accommodated within the given estimates. Refer to allocated design and development hours for details.

4. Once the design is finalized and approved, development proceeds. Around 3 to 5 banner text and/or images for rotation are typically needed at this stage.

5. If a Content Management System (CMS) is included in the project, the website will be set up on the selected CMS. All content and copy should be provided before the development phase.

6. Depending on project resources, some content from the old website may be transferred to the new one. Remaining content can be transferred via the CMS by designated staff, with instructions provided.

7. After completing the website from our end, it is handed over to the client for further review, testing, and content upload or changes as needed.

8. The client needs to specify a Go-Live date for making the new website/project live, typically achievable within 3 to 5 working days of Go-Live approval, assuming clear accounts. Full payment is required before transferring the website to external servers.

9. Note that there are limited man-hours allocated to the project, with estimates based on completion over 3 to 5 working weeks, depending on project size. Delays may increase project management costs, so any anticipated extensions should be communicated before project initiation.

10. Efficient project progress is encouraged by providing all necessary details at the project’s start to optimize the project team’s time and minimize unnecessary additional costs.

11. Clients will receive updates via email and/or telephone calls as the project progresses. Keeping contact details up-to-date is essential.

12. Once the website/application is live on the client’s domain, it becomes their responsibility to perform regular full backups and update all components and third-party software.

13. Softrica maintains a flexible and adaptable approach and welcomes discussions for any requested changes or modifications. Clients are encouraged to reach out for further details or questions.

Softrica looks forward to collaborating with clients on their projects.

Payment & Refund Terms

1. Prices are quoted in dollars for International Clients and in Rupees for Indian Clients.

2. Project work will commence after the client makes an advance payment.

3. Invoices should be processed according to the schedule using the client’s preferred method of payment.

4. A surcharge is applied for payments made via Paypal for International Transactions.

5. Milestone payments must be made within 5 working days of each milestone/schedule, unless mutually agreed otherwise. Final payment must be made before the website/application/project goes live.

6. Receipt of payment is considered acceptance of the quote, milestone, delivery, project, and terms & conditions.

7. Softrica retains the right to negotiate and refund an appropriate portion of the amount paid by the customer for requested services. If an order is canceled before work commences, a 75% refund of the payment is issued. If canceled after work has started, the maximum refund or charge is 50% of the invoice. No refunds or adjustments are provided if cancellation occurs after more than 50% of the work is completed. All cancellations must be in writing, including email; telephone requests will not be accepted.

8. For minor or one-time works, payments must be made in advance or as per the terms specified in the invoice/proposal. Any changes to terms must be communicated in writing (emails accepted) within two working days of receiving the terms.

9. Late fees and charges: Outstanding invoices will incur a late payment fee of 10% of the pending amount and an administration fee of $5.50 per month from the due date.

10. Due date: The date when payment is due as per the terms on the invoice/proposal.

11. Outstanding Invoice: An invoice is considered outstanding if payment is still due after 14 days past the due date.

12. Debt Collection: After applying the late payment fee, the client has a further 7 days to pay the invoice. Failure to pay will result in referring the outstanding amount to a debt collector. Softrica is not responsible for any costs or charges associated with recovering the outstanding amount. Any charges related to debt collection (debt collectors, administration fees, legal fees) will be forwarded to the client for processing.

13. In case of late payment or inquiries regarding the invoice, clients should contact the Manager immediately upon receiving the invoice or reminder emails.

14. Communication and correspondences are typically conducted via email, and it is the client’s responsibility to keep their email addresses updated.

15. Payments for domain name registration renewal, hosting, or any 3rd party products or services purchased on behalf of the client must be paid in full and are non-refundable. In case of renewal cancellations, Softrica should be notified at least 30 days before the renewal date.

16. Softrica builds and tests websites/applications on its own servers or hosted domains. Transfer of the website/application to a nominated 3rd party server occurs upon full payment of all invoices and dues.

Annual Maintenance Terms

1. All maintenance packages have a minimum duration of 6 to 12 months.

2. Maintenance packages are billed annually but paid on a monthly basis via direct debit, with payments due on the 1st of each month.

3. Packages may include 12 months of basic website hosting, email hosting, and DNS hosting.

4. Maintenance packages are specifically designed for website maintenance tasks and cannot be used for extensive projects such as full redesigns or major functionality additions.

5. These packages do not cover services like Digital Strategy, Business Analysis, Solution Architecture, SEO, or Digital Marketing work.

6. Work-hours are tracked in 15-minute increments. The monthly support time includes a full website backup, updating CMS and plugin versions, and addressing any issues arising from these updates. Any remaining hours can be used for website changes, and additional work hours require client approval.

7. Softrica employs a fair use policy, allowing flexibility based on changing monthly needs, although unused hours are not formally carried over.

8. Additional hours beyond the package allocation will be billed separately at a rate of $25 per hour.

9. Support requests must be submitted via email to contact@softrica.com.

10. Urgent tasks will be subject to separate charges.

11. The maintenance package auto-renews annually on its anniversary date.

12. Payment terms: Monthly fees are charged to the client’s credit card on the 1st day of each month. Late payments or declined credit card charges incur a $25 administrative fee.

13. More than three missed payments in a year may result in termination of the package, with the client required to pay the entire remaining amount immediately.

14. There are no refunds for any fees related to the monthly maintenance package.

15. Termination: To cancel the auto annual renewal, the client must provide written notice (via email) at least one month before the renewal date.

16. If the client decides to terminate an ongoing maintenance package for any reason, they will need to pay the balance amount for the remaining months.

17. Softrica reserves the right to terminate annual maintenance at any time with written notice to the client.

Terms for all IT Services

Below are our Terms of Service, which outline a lot of legal is goodies, but the bottom line is it’s our aim to always take care of both you, as customer. These terms apply to the website, emails, or any other communication. 

1. All estimates and quotes are based on our understanding of your requirements and the given time-frame.

2. Any changes to the functionality, even minor improvements, may result in additional costs.

3. Work will commence after receiving half of the advance payment.

4. Please include the invoice number when remitting funds.

5. Acceptance of a quote can be verbal, via email, payment of initiation fees, or by signing a quote.

6. Clients must ensure that all their requirements are included in the quotes, proposals, or estimates and that we fully understand their needs.

7. If clear guidelines and specific details are not provided, we will proceed based on our understanding, and any later discrepancies may result in additional costs.

8. Any complexity related to specific tasks must be communicated in advance and included in the proposal for accurate costing.

9. Softrica relies on clients to provide a full picture of their requirements at the time of quotation, and any unclear requirements will not be Softrica’s responsibility.

10. Limited man-hours are allocated to each task, including Project Management and Digital Strategist/Business Analyst, and minor changes may be included within these hours on a case-by-case basis.

11. Softrica will make every effort to complete the project or changes within the given timeframe, but reasonable delays due to redefined or modified functionalities are accepted.

12. Delays at the client’s end may impact project timelines and incur additional costs.

13. Any reported programming errors (bugs) during or immediately after development do not result in additional charges.

14. Re-work on completed tasks or changes in design after approval will incur additional charges.

15. Modifications requested during or after development will also incur additional charges.

16. Additional work beyond the estimates is charged separately, and Softrica is not liable for delays caused by changes in the project brief.

17. Website/application content and related materials must be provided within the first two weeks of the project. Delays may incur additional charges.

18. Testing is generally done on PCs and includes recent versions of browsers like IE, Firefox, Chrome, and Safari. Additional testing on other browsers or devices must be discussed in advance.

19. If the website/application is not hosted on a Softrica server, any additional man-hours required for server or network-related issues are not covered in the quotes and may be charged separately.

20. Stalling the project for over two months will incur administration costs and may increase previously approved estimates.

21. Softrica owns copyrights to its software codes unless arrangements are made prior to the project’s start.

22. The client is granted a license to use custom-built software while paying for hosting. Softrica CMS cannot be transferred to an external host.

23. The website or software application will be designed for deployment on a commercial-grade web server.

24. Depending on functionalities, third-party components like Payment Gateways or SSL certificates may be involved, and their limitations are beyond Softrica’s control.

25. Costs for third-party components are not included in the quotes.

26. Softrica does not take responsibility for open-source products; clients are responsible for updating and backing up these components.

27. Changes to third-party providers’ rules and policies may affect the services provided.

28. Unforeseen circumstances may delay development, and clients agree not to penalize Softrica for genuine delays within a reasonable period.

29. Domain registration/renewal charges are not included unless mentioned otherwise.

30. Hosting charges are not included in the quotations unless specified.

31. Clients organizing their own hosting should consult with Softrica to meet technology requirements.

32. Softrica will not be liable for delays or errors caused by hosting companies.

33. Softrica builds and tests websites/applications on its servers, and clients or third parties cannot access test servers.

34. Upon full payment of all invoices and dues, the website/application can be transferred to a nominated third-party server.

35. Upon full payment of outstanding invoices, the customer is granted a license to use graphics, text, and images used in the published website but not the intellectual property related to production.

36. Communications and correspondences are typically done via email, and clients should keep their email addresses updated.

37. Softrica reserves the right to change the terms and conditions without notice.

 

Disputes, Liability and Indemnity

In an event of a dispute, Softrica 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, Softrica reserves the right to charge the client without honoring any discounts that were previously honored in good faith. Under no circumstances will Softrica be liable for any damages arising from misrepresentation or misinformation.

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

Softrica 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.

The relationship of Softrica 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 Softrica, its licensors, content providers, service providers, employees, agents, officers, directors, contractors and sub-contractors (the “Indemnified Parties”) harmless from your breach 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 Softrica.

Softrica 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 Nature, fire, lightning, explosion, war, disorder, flood, earthquake, industrial disputes (whether or not involving their employees), extremely severe weather, or acts of local or central government or other competent authorities.

Hosting Terms

1. Hosting is an annual charge and must be paid in advance for the entire year, unless the client is under one of our Maintenance packages.

2. It is the client’s responsibility to renew hosting before the expiry date. Failure to renew on time may result in the loss of files, data, emails, backups, etc. Unpaid hostings are disabled or deleted from the server.

3. All renewals must be paid at least seven working days prior to the expiry date, and Softrica will not be responsible for issues related to delayed payments.

4. Hosting is provided on both shared and non-shared servers hosted via third-party providers. While Softrica takes measures to protect systems and servers from various threats, we cannot be held liable for disruptions in service due to unforeseen circumstances.

5. The client is solely responsible for the content stored on and served by the hosting service, as well as the activity of any scripts or email services created under the hosting service. The client must maintain the security of all account passwords and ensure that all scripts under the hosting service are free from malicious content that could harm the server, other client accounts, or external systems.

6. In the event of a malware attack, Softrica reserves the right to delete files on the hosting service without prior notice.

7. Cancellation/Termination: Hosting cancellation requests must be submitted in writing or by email at least one month before the hosting’s expiry date. Once hosting has been renewed, it cannot be canceled and must be paid for the full year.

8. If hosting is not paid and renewed before the expiry date, Softrica reserves the right to disable the hosting and associated services, including emails and DNS records. Additional charges may apply to re-enable the hosting. Softrica will not be responsible for any loss of data, files, emails, backups, or restoration costs.

9. If hosting is canceled or disabled, all files, emails, databases, and backups will be deleted from the server without prior notification to the client.

10. Once all invoices are paid, it is the client’s responsibility to request files according to the specified guidelines:

Emails: All emails should be periodically downloaded to the client’s computer, and email boxes must be kept within their quota limits. Periodic maintenance may result in the deletion of emails older than 6 months.

11. Clients must not use email hosting for inappropriate content or unwanted emails that may lead to spamming or server infections. In such cases, immediate action will be taken, and files and data may be deleted without prior notice.

12. Softrica offers packages in coordination with third-party providers, and changes to the third-party provider’s rules and policies may impact the services and terms and conditions provided herein.

13. Hosting services are provided on both shared and non-shared servers hosted by third-party providers. While Softrica strives to protect its systems and servers, disruptions in service due to unforeseen circumstances are beyond our liability.