General Terms And Conditions Definitions:

In this agreement the terms have the following meanings:

(a) "The Client" means any person, company, partnership, organisation or body at whose application, Xeonext Web Solutions agrees to provide the products and/or services under the terms of the agreement.
b) "The Agreement" means the contract between Xeonext Web Solutions and the Client to which these conditions will apply.
(c) "The Order Form" mean the digital or printed document completed by the client in order to enter the Agreement.
(d) "Order" is the request by the Client for products and/or services in the order form/agreement
(g) "Deliverables" are the outputs of services to be supplied under the agreement and shall include but are not limited to, all software and written material, including programs, tapes, listings and other programming documentation.

Acceptance of Terms

The following Terms and Conditions ("the Conditions") are the terms on which Xeonext Web Solutions provides services and supersedes all other terms and conditions. Xeonext Web Solutions shall provide services to the Customer as described and specified in the proposal provided by Xeonext Web Solutions to the Customer. These Conditions shall be governed by the laws of India and the parties hereby submit to the non-exclusive jurisdiction of the Courts of India. The headings in these Conditions are inserted for convenience of reference only and are not intended to be part of, or to affect the meaning, or interpretation of any of the Conditions.

If any term or provision of these Conditions is held invalid illegal or unenforceable for any reason by any Court of competent jurisdiction, such provision shall be severed, and the remainder of the provisions shall continue in full force and effect.

Scope

This agreement shall apply to all goods and/or services ordered by the client from Xeonext Web Solutions.

Payment Terms

Software Development and services offered

100% in advance for order amounts less than US$1500. For orders more than US$1500, 50% in advance and the balance payable soon after the web site goes live or the completion of the web site. Whilst any payment due under the agreement remains outstanding, Xeonext Web Solutions shall be entitled at its sole and absolute discretion to withhold provision of any goods or services it would otherwise be obliged to provide under the agreement. All payments by Paypal, 2Checkout.com, Cheque, bankers draft or money order. 2Checkout.com, Inc. is an authorized retailer of goods and services provided by Xeonext Web Solutions

Xeonext Web Solutions reserves proprietary rights to all the software, applications and designs developed by them. We shall not provide the source code for any unless agreed upon

Inspection and Testing

The Client agrees and acknowledges that he will thoroughly inspect and test the web site or code for all of Client's purposes during 'pre-release' testing. Any legal action, claim, or any arbitration relating in any way to this agreement or software covered by it must be officially filed no later than 15 days after release of the web site. Xeonext Web Solutions will put every reasonable effort to meet the Clients expectations during the pre-release and after the release of the web site

Completion Date

Xeonext Web Solutions and the Client must work together to complete the web site in a timely manner for both parties to remain profitable. In some cases, delays receiving materials or other circumstances can slow the process of development. However, Xeonext Web Solutions agrees to make all reasonable efforts to complete this project no later than the mutually agreed dates.

Design Credit

Client agrees that the web site. created for the Client by Xeonext Web Solutions may be included in the Developer's portfolio. If the Client allows the developer to place a small textual credit at the bottom of the each web page.

Xeonext Web Solutions reserve the right to add a link back to the Xeonext Web Solutions website.

Web Application Development

A payment of 50% of the initial quote is required as deposit on any commission, unless other wise agreed prior to beginning work. Deposits are non refundable. The remaining payment is payable on completion. The remaining payment must be paid on time, in accordance with the invoice date. Failure to pay on time may result in interest being added to the amount owed, at an incremental daily rate. If a job extends for longer than the estimated times or develops in a way which increases costs or times-scales, then staggered payments may be implemented until completion.

If after beginning work on an agreed quotation the user-requirements change, then these will be deemed new requirements and quoted for accordingly. Quotations provided will specify future development costs and ongoing costs, so that you can plan for future growth of the website. Prices quoted on the Xeonext Web Solutions website are subject to change and should be agreed at the time of contract. Websites provided on a 'design only' basis are the property and responsibility of the client following publication and payment, unless otherwise specified. If an organisation ceases to trade after work has commenced, any outstanding balance must still be paid. Any errors or omissions on the Customer's part are not Xeonext Web Solutions responsibility and therefore Xeonext Web Solutions cannot be held in any way accountable. All work carried out and company requirements remain subject to client confidentiality.

The site design will be deemed to be complete when you agree to publication. The site will be published subject to payment as agreed in the contract, whether written or verbal. All original designs, artwork, original graphics and photography remain the sole property of Xeonext Web Solutions, and may not be used or reproduced by any means without prior consent. All offers are subject to contract.

Liability

Xeonext Web Solutions hereby excludes itself, its Employees and or Agents from:- all and any liability for loss or damage caused by any inaccuracy; omission; delay or error, whether the result of negligence or other cause in the production of the web site; All and any liability for loss or damage to clients artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.

General Disclaimer

Xeonext Web Solutions disclaims all warranties, either express or implied, including the warranties or merchantability and fitness for a particular purpose. In no event shall Xeonext Web Solutions be liable for any damages whatsoever including direct, indirect, incidental, consequential, loss of business profits or special damages, even if Xeonext Web Solutions or third party agents have been advised of the possibility of such damages.

Web Services

You shall keep secure any identification, password and other confidential information relating to your account. You shall notify Xeonext Web Solutions immediately of any known or suspected unauthorised use of your account or breach of security, including loss, theft or unauthorised disclosure of your password or other security information. On reasonable notice to the Customer, Xeonext Web Solutions shall take any and all steps it determines to be necessary to maintain the Services, which may include (without limitation) altering or suspending Services during maintenance.

Xeonext Web Solutions will try to ensure that such maintenance, alterations and suspensions to the Services occur outside of normal business hours. In the case of an individual User, you warrant that you are at least 18 years of age and if the User is a company, you warrant that the Services will not be used by anyone under the age of 18 years. Provided that the Customers perform their obligations under these Conditions, Xeonext Web Solutions represents and warrants that the Services will be provided with reasonable skill and due care.

Xeonext Web Solutions does not warrant that the operation of the Services will be uninterrupted, error-free or secure. Xeonext Web Solution's sole liability for any breach of this warranty shall be to re-perform the affected Services. In the event that Xeonext Web Solutions determines that re-performance is not commercially feasible, Xeonext Web Solutions may terminate this Agreement and will receive payment for the work to date on a pro-rata basis. What is or is not commercially feasible shall be in the sole discretion of Xeonext Web Solutions.

Hosting

The Customer represents and warrants that the following content will not be stored on or linked to Xeonext Web Solutions servers:

Illegal Material - This includes copyrighted works, commercial audio, video, or music files, and any third party material or intellectual property in violation of any governmental regulation and / or without the proper authorizations.

Adult Material - Includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of "adult material" is left entirely to the discretion of Xeonext Web Solutions.

Copyrighted software that is distributed illegally - including pirated software, emulators, hacking, and password cracking. This also includes any sites which provide "links to" or "how to" information about such material.

Spamming - i.e. the unsolicited sending of electronic mail messages is also prohibited and the Customer warrants and represents that there will be no practice of spamming in connection with the Services. The Customer shall procure that all mail is sent in accordance with applicable legislation (including data protection legislation) and in a secure manner.

While we will use every reasonable endeavor to ensure the integrity and security of the Server, we do not guarantee that the Server will be free from unauthorized users or hackers and we shall be under no liability for non-receipt or mis-routing of email or for any other failure of email. Xeonext Web Solutions will not be held responsible for any inaccuracies or errors, delays or un-obtain ability arising from the site or the host for any reason whatsoever. Any problems with the site must be reported as soon as possible and will be rectified as soon as practical.

No responsibility will be accepted as to any losses or problems arising from the site for any reason unless specifically agreed beforehand.

Termination Provisions

Xeonext Web Solutions reserves the right to suspend or terminate all or part of the Services with immediate effect, where there has been a breach by the Customer of these terms and conditions or failure to pay Charges outstanding. Xeonext Web Solutions may terminate the Services. Termination of this agreement will be without prejudice to any accrued rights of either party.

Xeonext Web Solutions reserves the right to alter these terms without notice, and whilst every effort is made to be accurate and up-to-date, errors and omissions are excluded.