For Software Design, Development, Service and Consulting services:
This website is owned by Shibani Web Solutions, a unit of M/s Shibani Web Store Pvt. Ltd. By using this website, you agree to accept these terms and conditions before accessing the website.
All contents of this website, including presentations, white papers and case studies, as well as all visual elements of the website, are the exclusive property of Shibani Web Solutions. No content from this site may be copied, modified, reproduced, republished or distributed in any form without prior written permission from Shibani Web Solutions.
The following Terms and Conditions is a legal agreement between Shibani Web Solutions, hereafter “the Shibani”, and “the Client” for the purposes of website design or development and other services provide by the Shibani. These Terms and Conditions set forth the requirements under which the Client may use the services supplied.
Payments:
Payment will be made by Client in accordance with the proposal of Shibani Web Solutions case to case basis.
Commencement Process:
Project will commence within 24 hours (Working Days) after the advance payment is made by the Client. The content/required inputs, for the concerned website/application/project etc. should be provided within 7 days from the date of the receiving of advance payment. If the content/required input is not provided within 7 days, there shall be an additional charge of 5% of the total project cost. The Client will be allowed an extension of 10 days by the Shibani to provide the content/require input after paying the additional amount. The project will be considered invalid; if in-case the Client fails to provide the content/required input within the extended time period. Once the project is cancelled, the payment is not refundable.
Confidentiality:
Confidential Information shall mean any kind of information disclosed by one part in any form but not limited to documents, business plan, business strategy, specification, analysis, software development and design, business or software architecture, drawings, data, computer program, any information relating to personnel or Affiliates of a party, software not yet known to the public, clients or prospective clients, internal communications, events, or meetings, or any other research, development, operations, marketing, transactions, regulatory affairs, discoveries, inventions, methods, processes, articles, materials, algorithms, formulas, specifications, designs, drawings, data, strategies, plans, prospects, Technical or business knowhow and ideas etc., whether tangible or intangible, and including all copies, analyses and other derivatives thereof.
Permission and Copyright
Copyright of the completed designs, images, pages, codes and source files created by the Shibani Web Solutions for the project shall be with the Client upon final payment or required payment only by prior written agreement. Without agreement, ownership of designs, all codes etc. is with the Shibani Web Solutions.
These terms of use grant a non-exclusive limited license so that the Client can use the design on one website on one domain name only. The Client is not permitted to use a design for more than one website without prior written agreement between the Client and the Shibani Web Solutions.
The Client agrees that resale or distribution of the completed files is not allowed unless prior written agreement is made between the Client and the Shibani Web Solutions.
The Client hereby agrees that all media and content made available to the Shibani Web Solutions for use in the project are either owned by the Client or used with full permission of the original authors. The Client agrees to hold harmless, protect and defend the Shibani Web Solutions from any claim or suit that may arise as a result of using the supplied media and content.
The Client agrees that the Shibani Web Solutions may include development credits and links within any code the Shibani Web Solutions designs, builds or amends. If the Shibani Web Solutions designs a website or any custom application for a Client, then the Client agrees that the Shibani Web Solutions may include a development credit and link displayed on the Client’s website.
The Client agrees that the Shibani Web Solutions reserves the right to include any work done for the Client in a portfolio of work.
The Client also agrees to abide by the terms of any third party software or media included within any work done for the Client. Examples of this include, but are not limited to, Google maps, Media under the Creative Commons license, RSS feeds, Open Source GPL Software etc.
Warranties:
Except as expressly stated in this Agreement, the Shibani Web Solutions disclaim all warranties of any kind, implied, statutory, or in any communication between them, including without limitation, the implied warranties of merchantability, non-infringement, title, and fitness for a particular purpose.
Limitation of Liability:
The total liability of the Shibani Web Solutions under this Agreement (whether in contract, tort (including negligence)) shall not exceed the Fifty percentage (50%) of fees paid to Shibani Web Solutions hereunder. Shibani Web Solutions disclaim any indirect, special, consequential or incidental damages or loss of revenue or business profits, however caused, even if advised of the possibility of such damages. The foregoing limitations of liability will apply notwithstanding the failure of essential purpose of any limited remedy herein.
Termination:
Either party may terminate the Agreement upon sixty (60) days’ notice to the other party. Either party may terminate this Agreement immediately if the other party breaches the terms of this Agreement and the breach remain uncured for 30 days from the date of receipt of notice. In case of termination, the Shibani Web Solutions shall be paid for the Services provided on a pro-rata basis.
Refund or Cancellation Policy:
Fees once paid, under no circumstances are refundable, adjustable or transferable.
Force Majeure:
Neither party shall be liable for any failure or delay in fulfilling the terms of this Agreement due to fire, strike, war, civil unrest, terrorist action, government regulations, act of Nature or other causes which are unavoidable and beyond the reasonable control of the party claiming force majeure. This provision shall not be construed as relieving either party from its obligation to pay any sum due to the other party.
Subcontracting:
Shibani Web Solutions may subcontract the services or a part of the project to any of its affiliates. It’s fully under Shibani’s discretion.
Governing Law and Dispute Resolution:
All disputes in relation with the transactions carried out with the Company shall be subject to the Arbitration in terms of the Arbitration and Conciliation Act, 1996 and the place of Arbitration shall be Kolkata.
Validity:
Our quotation or proposal is valid for 7 days from the date of submission unless expressly withdrawn by the Supplier at an earlier time. Prices set out in our quotation are correct at the time of issue but may be subject to change before terms are agreed, at the Shibani’s discretion.