PixxelU is in the business of providing Consultancy and allied Services on Computer based Information Technology, to its clientele, including any affiliates, subsidiaries, divisions of PixxelU’s clients and customers (hereinafter referred to as “PixxelU Customers”) and PixxelU is in the business of producing Softwares, Designs, Software Planning Documents/Diagrams and Creative works for its Customers – whether copyrightable/patentable or not (hereinafter referred to as “Product” or “Products”).
Client (………………………………………………………………………….. through its authorized representative ………….…………………………………………………..) has contacted PixxelU for purchasing PixxelU services/products.
Now THEREFORE, in consideration of mutual promises, covenants and conditions set forth herein, the parties hereto agree to the terms mentioned in this agreement/proposal.
The client’s approval for work to commence must be deemed a contractual agreement between the Client and PixxelU . The acceptance of terms and conditions can be through.
Free Tech Support Starts From The Date Of Project Delivery And It Is Not Applicable Where Pixxelu Team Has Been Hired To Work As Per “Agile Engagement Model” (Where Complete Project Sow Has Not Been Pre-agreed). Free Technical Support Must Be Provided As Per The Following Terms Agreed.
a. Pixxelu Provides Upto 1 Year Free Technical Support For Following Kind Of Issues Only:
b. Above Support Is Not Available If The Errors/Bugs Arise Due To Any External Entity Or Third Party. Examples:
c. Above Support Is Not Available For Following Kind Of Instances, Unless Otherwise Specifically Covered In The Scope Of Work And/Or Deliverables:
Following services are not part of the project unless agreed otherwise in writing:
Domain names booked by PixxelU on behalf of the Client:
Domains booked and owned by the Client are not subject to this term. Clause #17 applies only to those domains that are booked by PixxelU upon the request of the Client.
All third-party costs arising from the registration of a domain name/purchase of third-party utilities/services must be met by the Client and are payable to PixxelU Technologies or 3rd party directly before a formal application for registration is made. Examples of 3rd party fees are as under:
Both the parties reserve the right to cancel the project at any stage.
(This guarantee is specifically for GoQuick/Start-Up Package orders for our ready solutions. *Start-Up package is available only for Yo!Kart). After project/order cancellation/refund issued, PixxelU reserves all rights to take down the website and/or apps published/delivered on the Client’s provided server and/or the apps store accounts. Client is responsible to keep a backup of the data published on the website/server, PixxelU must not be held responsible for any data/files lost.
Penalties applicable on PixxelU : PixxelU agrees to complete the Milestone(s) as per the SOW agreed to, within the agreed timeline. If there is a delay in completion of the Milestone, PixxelU agrees to the penalty of 1% of the Milestone price for each week delayed. OR If the PixxelU delays the Milestone(s) completion by more than 8 weeks, then the Client can request for cancellation of the project and seek the full refund for the currently in progress milestone(s) work, however, the refund amount must not exceed the originally agreed price of the Canceled Milestone(s) SOW.
Note: The Client can claim either the penalty or the refund.
Responsibilities applicable on Client: Client should provide all comments, feedbacks, suggestions about the project scope during the Detailed Project Scope Documentation phase; subsequently any changes or modifications or enhancements done to the project scope would be additionally chargeable with or without delivery timelines revision. And if there are changes which are accepted by PixxelU without additional charge, the timeline should extend by the number of days required to implement those additional non-billable items.
Following are the Exclusions/Exceptions when the Client is not allowed to invoke any kind of penalties and PixxelU can’t be held responsible for the delays. Any extension of a timeline due to Client’s delay shall be extended by the number of days Client delays providing the necessary details to publish the work done.
a. In case of Web and Mobile Application Projects:
b. In case of Mobile Application Projects:
c. In case the Client has hired a team with work based on Agile Process without pre-agreed scope of work.
d. Unless otherwise explicitly agreed as SOW (Scope of work), penalties are not applicable for any delay caused due to requirements/features/design being requested is subjective to the taste, feelings, preferences, opinions, culture, understanding and personality of different users or group of users or stakeholders.
Unreasonable delays from the Client side in providing the required feedback/information/data to finish the Project must exempt PixxelU from meeting the timelines mentioned in the Quotation. In case the Client does not provide requested details/data/information for more than 15 working days, the Client authorizes PixxelU to forfeit the payments made towards the Project.
In case, during the project duration, the Client does not maintain communication with PixxelU for more than 15 calendar days, the Client agrees that the Project must be deemed as received and accepted by the Client, and the Client further authorizes PixxelU to mark the project completed and invoice the client for remaining un-invoiced amount as per the total project price agreed. However, the Client can instruct PixxelU to put project on hold provided:
PixxelU ensures you get right assistance to resolve issues in a timely manner. If your concerns are not entertained to your satisfaction, you can escalate critical issues to higher level of management. You may follow the below-mentioned escalation matrix to avoid any delay or discomfort in the event of dissatisfaction.
Unless otherwise agreed in writing, PixxelU must retain the copyright and IP rights for all material, including design, artwork and the source code, created for the Client by PixxelU .
However, as per the agreed terms client owns rights on following items:
If the project is being done on Single Domain License basis, Client owns the rights to use the system only on designated domains and the Client should take reasonable care of the system files to restrict unauthorized access of the system scripts/source code delivered.
Unless otherwise agreed, PixxelU is the owner of the source code and the intellectual property rights and reserves the right to reuse the code for other projects. Following terms must be applicable and obliged:
If the project is being done on Single Domain License basis, Client owns the rights to use the system only on designated domains and the Client should take reasonable care of the system files to restrict unauthorized access of the system scripts/source code delivered.
Unless otherwise agreed, client agrees to setup the scripts delivered only on one production domain/sub-domain (accessible to public or the end users of the application), two sub-domains for development or testing environment (wip.yourdomain.com and test.yourdomain.com) and localhost. However, if the Client wishes to run the same website on a different domain/sub-domain, then the Client has to purchase a separate license for each domain/sub-domain.
Either Party’s point of contact may change by providing written notice to the other party of the new contact.
Contact Name | Rakesh Kumar |
---|---|
Designation | CEO/Director |
Business Name | Pixxelu Degital Technologies |
Business Address | Second Floor #256 PixxelU Degital Technologies Near Punjab sind bank Dharamshala PIN – 174615 |
Building 256, Kachari Adda, Chilgari, Dharamshala, Himachal Pradesh 176215
11816 Inwood Rd #1126 Dallas,
TX 75244
Wild fig Business Park. Cranberry Street Honeydew Roodepoort 1724
© 2014-2024 Pixxelu. All rights reserved
Building 256, Kachari Adda, near Patrol Pump, Dharamshala, Himachal Pradesh 176215
11816 Inwood Rd #1126 Dallas,
TX 75244
Wild fig Business Park. Cranberry Street Honeydew Roodepoort 1724
© 2014-2024 Pixxelu. All rights reserved
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