Terms


and

Conditions

Terms and Conditions for Wordpress.

WordPress Usage & Modules:

Xfstech is primarily a design and development company. Xfstech does not provide any domain or hosting services for their client.

Design Restriction

Xfstech uses premium plugins from 3rd Party in design and development and gives its clients free 1 year validity to use these premium plugins. After the expiry of free term clients need to renew one (1) year Support and Maintenance mentioned in the package from Xfstech to renew the plugins validity.

Additional Expenses

It is the client responsibility to to provide content font, icons, and images etc. required to build the website. In case Client does not have this required content or images Xfstesh may provide the content font, icons, and images etc. and Client have to reimburse XFSTECH SOLUTIONS LLP for any additional expenses necessary for the completion of the work.

Disclaimer of Warranty and Liability

Use of this service is entirely at your own risk. Neither Xfstech Solutions LLP nor its affiliates is responsible for the consequences of reliance on any information contained in or submitted to the service, and the risk of injury from the foregoing rests entirely with you. These materials are provided as is without warranty of any kind, either express or implied. Xfstech Solutions LLP shall not be liable for any direct, special, indirect, incidental, consequential, or punitive damages, lost revenues or lost profits, which may result from the use of, access to, or inability to use these materials/products/services. Under no circumstances will the total liability of Xfstech Solutions LLP to you exceed the price paid for the use of service/s.

Indemnification

You agree to defend, indemnify, and hold harmless Xfstech Solutions LLP, its affiliates and subsidiaries, and all of their respective directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, and attorneys from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including attorney's fees and litigation expenses) relating to or arising from your use of the service and any breach by you of these Terms and Conditions.

Transfer of Primary Credentials

Upon transfer of primary credentials in the form of File Transfer Protocol (FTP) password, Xfstech Solutions LLP bears no liability in terms of incidents like hacking, pilferage and data loss. Moreover upon transfer of primary credentials Xfstech Solutions LLP offers no responsibility for daily backups and restoration in case of an emergency.

Governing Law and Jurisdiction

These Terms and Conditions will be governed by and construed in accordance with the laws of the city of Kolkata, West Bengal, India without reference to its choice of law rules. By accessing, viewing, or using the material on the service, you consent to the jurisdiction of the govermental and provincial courts presiding in Kolkata, West Bengal, and agree to accept service of process by mail and hereby waive any and all jurisdictional and venue defenses otherwise available. This service is controlled and operated by Xfstech Solutions LLP from its office in India. Xfstech Solutions LLP makes no representation that materials in the service are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this service from other locations do so of their own volition and are responsible for compliance with applicable local laws.

These Terms and Conditions constitute the entire agreement between you and XFSTECH with respect to your use of the service/s. You acknowledge that, in providing you access to and use of the Service/s, XFSTECH has relied on your agreement to be legally bound by these Terms and Conditions.

Terms and Conditions for React Next JS and Mobile Apps Projects.

The following terms and conditions govern your usage of products and services provided by Xfstech Solutions LLP(also referred to as Xfstech/Xfstech Solutions LLP). These are the standard terms and conditions for Website Design and Development, Android and IOS App Design and Development and apply to all contracts and all work undertaken by “Xfstech Solutions LLP” herein referred to as “Xfstech” for its clients.

Charges for React Next JS and Mobile Apps Projects

Charges for services to be provided by XFSTECH SOLUTIONS LLP are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 30 days. XFSTECH SOLUTIONS LLP reserves the right to alter or decline to provide a quotation after expiry of the 30 days.

Unless agreed otherwise with the Client, all website or app design and development services require an advance payment of a minimum of fifty (50) percent of the project quotation total before the work is supplied to the Client for review. The remaining fifty (50) percent of the project quotation total due upon completion of the work, prior to upload to the server or release of materials.

Payment for services is due by cheque or bank transfer or via Razorpay Billing invoices. Cheques should be made payable to XFSTECH SOLUTIONS LLP and sent to XFSTECH SOLUTIONS LLP. Bank details will be made available on invoices.

All Charges are exclusive of GST.

Client Review

XFSTECH SOLUTIONS LLP will provide the Client with an opportunity to review the appearance and content of the website during the design phase and once the overall website or app development is completed via email. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies XFSTECH SOLUTIONS LLP otherwise within ten (10) days of the date the materials are made available to the Client.

Turnaround Time and Content Control

XFSTECH SOLUTIONS LLP will install and publicly post or supply the Client's website or app by the date specified in the project proposal, or at date agreed with Client upon XFSTECH SOLUTIONS LLP receiving initial payment, unless a delay is specifically requested by the Client and agreed by XFSTECH SOLUTIONS LLP.

In return, the Client agrees to delegate a single individual as a primary contact to aid XFSTECH SOLUTIONS LLP with progressing the commission in a satisfactory and expedient manner.

During the project, XFSTECH SOLUTIONS LLP will require the Client to provide website or app content; text, images, movies and sound files

Failure to provide required website or app content:

XFSTECH SOLUTIONS LLP is a small business, to remain efficient we must ensure that work we have programmed is carried out at the scheduled time. On occasions we may have to reject offers for other work and enquiries to ensure that your work is completed at the time arranged.

This is why we ask that you provide all the required information in advance. On any occasion where progress cannot be made with your website or app because we have not been given the required information in the agreed time frame, and we are delayed as result, we reserve the right to impose a surcharge.

If you agree to provide us with the required information and subsequently fail to do within two week of project commencement we reserve the right to close the project and the balance remaining becomes payable immediately.

NOTE: Text content should be delivered as a Microsoft Word, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website or screens on your app.

Payment

Invoices will be provided by XFSTECH SOLUTIONS LLP upon completion but before publishing the live website or app. Invoices are normally sent via email; however, the Client may choose to receive hard copy invoices. Invoices are due upon receipt.

Additional Expenses

Client agrees to reimburse XFSTECH SOLUTIONS LLP for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography etc.

Termination

Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. Telephone requests for termination of services will not be honoured until and unless confirmed in writing. The Client will be invoiced for work completed to the date of first notice of cancellation for payment in full within thirty (30) days.

Indemnification

You agree to defend, indemnify, and hold harmless Xfstech Solutions LLP, its affiliates and subsidiaries, and all of their respective directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, and attorneys from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including attorney's fees and litigation expenses) relating to or arising from your use of the service and any breach by you of these Terms and Conditions.

Non-Disclosure

Xfstech Solutions LLP (and any subcontractors/ re-sellers we engage) agree that we will not at any time disclose any of your confidential information to any third party.

Disclaimer of Warranty and Liability

Use of this service is entirely at your own risk. Neither Xfstech Solutions LLP nor its affiliates is responsible for the consequences of reliance on any information contained in or submitted to the service, and the risk of injury from the foregoing rests entirely with you. These materials are provided as is without warranty of any kind, either express or implied. Xfstech Solutions LLP shall not be liable for any direct, special, indirect, incidental, consequential, or punitive damages, lost revenues or lost profits, which may result from the use of, access to, or inability to use these materials/products/services. Under no circumstances will the total liability of Xfstech Solutions LLP to you exceed the price paid for the use of service/s.

Transfer of Primary Credentials

Upon transfer of primary credentials in the form of File Transfer Protocol (FTP) password, Xfstech Solutions LLP bears no liability in terms of incidents like hacking, pilferage and data loss. Moreover upon transfer of primary credentials Xfstech Solutions LLP offers no responsibility for daily backups and restoration in case of an emergency.

Corrections and Changes

We are pleased to offer you the opportunity to make revisions to the design. However, we have the right to limit the number of design proposals to a reasonable amount and may charge for additional designs if you make a change to the original design specification.

While we endeavor to keep these materials up to date, Xfstech Solutions LLP cannot assume responsibility for any errors or omissions in these materials. Xfstech Solutions LLP further does not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within these materials. Xfstech Solutions LLP may make changes to these materials, or to the products or services described herein, at any time without notice, and makes no commitment to update the information contained herein. Xfstech Solutions LLP reserves the right to terminate your access to the service in the event that you violate these Terms and Conditions, or for any reason whatsoever.

Use of the Internet

Use of the Internet is solely at your own risk and is subject to all applicable provincial, national and international laws and regulations. Neither Xfstech Solutions LLP nor its affiliates will be liable for any loss resulting from a cause over which they do not have direct control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnection problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, or governmental restrictions.

Communications With Our Web Service

Xfstech Solutions LLP welcomes your feedback and suggestions about how to improve our products and services. By transmitting any suggestions, information, material, or other content to Xfstech Solutions, you automatically grant us the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, produce/reproduce, modify, adapt, publish, translate, create derivative works from, distribute, redistribute, transmit, perform, and display such content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content. Further, Xfstech Solutions LLP is free to use any ideas, concepts, know-how, techniques, and suggestions contained in any communications you send to this service for any purpose whatsoever, including but not limited to creating and marketing products and/or services using such information.

Spam, Warez, Piracy and Illegal Activities

Xfstech Solutions LLP does NOT permit any of its services to be used for illegal purposes. These include but are not limited to spam, unsolicited commercial email, wares hosting, piracy and hacking related activities. Xfstech Solutions LLP will remain the sole arbiter in what constitutes any of these activities. You acknowledge that participation in any of these activities will result in immediate termination without refund. Xfstech Solutions LLP may involve law enforcement authorities if we deem necessary.

Hacking/Denial of Service/Sniffing/Spoofing

Xfstech Solutions LLP do not permit any type of hacking, denial of service, distributed denial of service, sniffing, spoofing, password cracking or similar malicious activities to be performed on or by its services. Xfstech Solutions LLP will remain the sole arbiter in what constitutes any of these activities. You acknowledge that participation in any of these activities will result in immediate termination without refund. Xfstech Solutions LLP may involve law enforcement authorities if we deem necessary.

Governing Law and Jurisdiction

These Terms and Conditions will be governed by and construed in accordance with the laws of the city of Kolkata, West Bengal, India without reference to its choice of law rules. By accessing, viewing, or using the material on the service, you consent to the jurisdiction of the govermental and provincial courts presiding in Kolkata, West Bengal, and agree to accept service of process by mail and hereby waive any and all jurisdictional and venue defenses otherwise available. This service is controlled and operated by Xfstech Solutions LLP from its office in India. Xfstech Solutions LLP makes no representation that materials in the service are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this service from other locations do so of their own volition and are responsible for compliance with applicable local laws.

These Terms and Conditions constitute the entire agreement between you and XFSTECH with respect to your use of the service/s. You acknowledge that, in providing you access to and use of the Service/s, XFSTECH has relied on your agreement to be legally bound by these Terms and Conditions.