The following Terms and Conditions document is a legal agreement between UPMARKET, hereafter “the UPMARKET”, and “the Client” for the purposes of website design or development and other services provide by the UPMARKET. These Terms and Conditions set forth the provisions under which the Client may use the services supplied.
Permission and Copyright
Copyright of the completed designs, images, pages, code and source files created by the UPMARKET for the project shall be with the Client upon final payment only by prior written agreement. Without agreement, ownership of designs and all code is with the UPMARKET.
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 UPMARKET.
The Client hereby agrees that all media and content made available to the UPMARKET 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 UPMARKET from any claim or suit that may arise as a result of using the supplied media and content.
The Client agrees that the UPMARKET may include development credits and links within any code the UPMARKET designs, builds or amends. If the UPMARKET designs a website for a Client, then the Client agrees that the UPMARKET may include a development credit and link displayed on the Client’s website.
The Client agrees that the UPMARKET reserves the right to include any work done for the Client in a portfolio of work.
The Client 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, Googlemaps, Media under the Creative Commons license, RSS feeds, Open Source GPL Software etc.
UPMARKET will commence the project after getting the required materials from the Client. The home page/ mock-up/design would be shown within 5 (may vary) working days. The number of days to complete the home page/application design may vary according to the requirement of the Client. The Client needs to give a definite idea of the design/theme/colour and all aspects of the website/application/project at the time of preliminary discussion and before commencing the project. The Client can provide samples or older websites/applications as reference. The UPMARKET team will be creating website/application pages based on these ideas.
Project will commence within 24 hours after the advance payment is made by the Client. The content for the concerned website/application/project should be provided within 7 days from the time of starting the project. If the content is not provided within the 7 days, there will be an additional charge of 5% of the total project cost. The Client will be granted an extended 10 days by the UPMARKET to provide the content after paying the additional amount. The project is considered invalid, if the Client fails to provide the content within the extended time period. Once the project is cancelled, the payment is not refundable.
In case of any alterations, the changes should be informed within the first three days after the initial work has been submitted. UPMARKET will not undertake any further works unless confirmed by the Client at the specified time period.
If changes are suggested by the Client after the completion and approval of the entire website/application/project, it will be considered as redesign and are chargeable. Detection of errors in contents or designs by the Client, if any, will be rectified immediately. After completion of the project, UPMARKET will upload the whole work in the server and the link will be sent to the Client for testing. The whole work will be uploaded in transferred/made live by UPMARKET, after the final approval and settlement of balance amount by the Client.
UPMARKET provides one year free maintenance towards all kinds of errors occurred in run time of the website/application/project. Free maintenance does not include content updation.
The quotation is valid for 7 days. Prices are subject to change without notice after the expiry of the quotation.
UpMarket reserves the right to refuse to handle:
- Any media that is unlawful or inappropriate.
- Any media that contains a virus or hostile program.
- Any media that constitutes harassment, racism, violence, obscenity, harmful intent or spamming.
- Any media that constitutes a criminal offence, or infringes privacy or copyright