General Terms of Use and Client Responsibilities & Liabilities

It is the responsibility of the client to provide the entire data and information (like text and multimedia) to Explorate Global (also referred to as “Us”, “We”, “EG”, “Our”, “Company” ) prior to the commencement of the project.

The client will be solely responsible for taking back-up of all their content on the site, prior to allowing Explorate Global to begin with the course of action towards meeting the needs of the contract. Explorate Global shall not be responsible for any loss or damage to previously existing data, under any circumstances.

Our Contract shall not hold Explorate Global responsible for any sort of web hosting, data entry or custom graphic work or artwork, unless specifically mentioned, paid for and agreed by both parties otherwise. All the artwork, graphics, images, or text made available by Explorate Global on behalf of our client shall remain the property of EG unless agreed to otherwise in writing.

We will do our best to achieve all the deliverables within the set estimated time, we may, under certain unavoidable circumstances like dependencies, third-party support, development bottle-necks, resource unavailability, communication delays or unforecasted issues like natural disasters, need an extension of time.

According to our working model, we will take client reviews at different levels of the development cycle. We shall wait for upto 7 days to receive any kind of feedback or suggestions on the shared deliverables/output from the client. In the event when the client has not responded to these communications within the set time, such outputs shall be automatically considered approved at the client end.

The Client shall retain the copyright to the files, graphic logos and data provided by them and we will only have the permission to use and publish this material. It is the responsibility of the Client to obtain the right and permission to use any file/information/data that is copyrighted to a third-party. The Client shall further grant us the permission and right to use the above mentioned data, and shall agree to indemnify Explorate Global from any claim filed as a result of callousness, negligence and incompetence at obtaining the said rights priorly.

An agreement for Web design or placement shall be considered as a guarantee from the Client end to Explorate Global that all the rights and permissions from the third-party have been obtained in advance. We may also request evidence of permission at any time.

We will not be responsible for any changes/ alterations that are caused (by the client or a third-party) on the Client’s page or website, once it has been installed or deployed. These changes include but may not be limited to modifications, addition or deletions. We will be eligible to charge a one-off web development fee before resolving any such issues that may arise.

Payments

We accept payments by cheque, Cash or Bank Transfers. Without limitation, Explorate Global reserves the right to discontinue any payment method and vary the service prices without any prior notice.

In case the client chooses to cancel a service prior to completion, a cancellation fee may be charged from the client. The fee will be equivalent to the work completed at the time of cancellation.

We have the right to take legal action against a client as necessary in case of non-payment of cancellation fee and/or overdue service fees.

Support and 3rd-Party

Upon the launch of a site, we will offer full support and maintenance services, free of cost for the first month. Post this, any support service shall be charged according to the different plans and packages that suit your requirement.

The scope of support and maintenance consists of email support, bug fixing and does not include any kind of issues that related to the architecture or design of the site, rule changes or any kind of enhancements and additions.

Any third-Party product, support or service used by or integrated into the client’s site that may require payment, copyright or license etc are the sole responsibility and liability of the Client and any such data/information or service shall be provided by the client or will be procured by Explorate Global on client’s behalf on pre-payment for the cost of any such procurement.

The fee that we charge does not include out-of-pocket expenses and expense claims filed by third party products or services involved.

We shall not provide any kind of warranty or guarantee towards the performance/efficiency or accuracy of any third-party service/product.

Any upgradation to the third-party service/product that is used in the client’s project shall be out of our scope of services.

Re-work, Enhancements/Add-ons and Billing

Any additional features not included in the scope of work shall only be considered through a process for change management and will be billed additionally.

Scope changes after wireframe/prototype has been signed off shall be additionally billed and cost of delivery and timeline would also increase accordingly.

Most tweaks or minor changes/re-work are normally adjusted, however, if this understanding gets abused by the Client, then we will be liable to prepare a list of changes, which shall be billed extra according to the total time efforts used, on an hourly basis.

The client is expected to pay the fee charged by Explorate Global without any deductions, or debt settlement by the due dates already agreed upon.

Limitations of Liability

Explorate Global shall use reasonable skills and care in providing the Services. However, we exclude any warranty, express or implied, as to the availability, quality, accuracy, timeliness, completeness, performance or fitness of the Service.

We, hereby exclude ourselves, our Employees and/or agents from any/all kind of liability towards damage or loss caused by any kind of omission, inaccuracy, error or delay. We also expressly waive any and all liability for any damage/loss caused to the client’s photos/ data/ artwork/ graphics or content provided for the site. This is when the loss or damage is caused by negligence or otherwise.

Explorate Global cannot promise guarantee of service on behalf of any third party and shall not be held responsible for any kind of failure in the services provided by third parties.

Approvals and Delivery

Our work process will involve various stages and the work for the next phase/stage will start only after we have received the sign off and relevant payments for the previous stage as agreed.

On completion of the Service, the outcome will be released to the client for approval. Upon approval by the Client, the site/app/service will be uploaded to the destination server where it shall stay. The response/suggestion from the client shall be sent within a period of 7 days, failing which, we shall consider this as acceptance. We reserve the right to delay the delivery until full payment has been received.

All code and material developed will be transferred to the client post completion of the project after sign offs. Post the final payments, the code ownership will reside with the client.

We hold the right to publish and use the completed work and/or even the deployed final product/website for reference to other potential clients. In circumstances such as are required to be withheld, clients shall notify us well in advance and request prior and proper approvals towards the same.

Timescale

Explorate Global aims to complete all the services within the agreed timeline. The timeline shall be considered as started on receipt of both, all website content from the client and the agreed deposit (that may range from 30% to 50% of the complete project price as discussed mutually and agreed prior to finalizing the contract).

We may need to extend the timeline due to circumstances that may be beyond our control.

Jurisdiction

These terms shall be interpreted in accordance with and governed by the Indian Law. All the parties irrevocably agree that the courts of India shall have exclusive jurisdiction to settle any dispute that may arise out of or in connection with these Terms of Use. When a contract is signed and the order of service is placed, it will be treated as an acceptance of these terms of use that are attached to this order.

Severability

In any such event when one or more provisions in this agreement are held illegal, invalid or unenforceable; other provisions of this agreement shall be unaffected or unharmed. Any such invalid, illegal or unenforceable provision shall be replaced with a valid, enforceable, legal and mutually accepted provision that comes closest to the intention of the parties.