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Terms and Conditions

As a Customer of TKV Creatographics, you need to be aware that, when signing up for an account with TKV Creatographics, you accept and agree to abide by our Web Designing & Web Hosting Terms of Service.

Contract: 

The clients’ approval for work to commence shall be deemed a contractual agreement between the Client and TKV Creatographics. The approval for the work can be through either an email confirming back the quote (with the quote document attached) or the quote document signed by the Client.

Whereas TKV Creatographics is in the business of providing services on IT related services. Clients and Customers (from now on referred to as “customers”) and TKV Creatographics are in the business of producing websites, graphic designs, and creative works for their customers, whether copyrighted or not (from now on referred to as “products” or “products”). Now, therefore, in consideration of the mutual promises, covenants, and conditions set forth herein, the parties hereto agree to the terms mentioned in this agreement or proposal.

Important:

Payment of the advance fee indicates that the Client accepts these terms and conditions, and approves to commence the work.

Usage of TKV Creatographics Services/Products: The Client agrees not to use TKV Creatographics services/products delivered for any business that is harmful to society or children or illegal. Further, the Client is fully responsible for all and any content published/distributed or allowed to be published/distributed through the Client’s website, whether hosted on servers owned/maintained by TKV Creatographics or by the Client himself.

Client shall execute the best possible preventive and security measures to restrict any illegitimate use of the services/solutions procured from TKV Creatographics.

2 Months of Free Technical Support: 

TKV Creatographics provides 1 month of free technical support for the following kinds of issues:

a) Server-side scripting/programming errors/bugs
b) Logical Bugs/Calculation related errors/bugs
c) Connection errors/API Integration Errors

The above support is not available if errors/bugs arise due to any external entity.

Examples:

a) Server or software or application or extension downgrades or upgrades
b) Edits done in the code/scripts delivered by any external entity/person/professional
c) Operating System or Browser Version Downgrades/Upgrades
d) Any other factor that is not directly related to any deficiency at the end of TKV Creatographics.

The above support is not available for the following kinds of instances unless otherwise specifically covered in the scope of the project and deliverables:

a) General inquiries/questions related to particular features of the software/solution delivered.
b) Cosmetic updates and UI/UX updates.
c)Enhancements or modifications in the default features/functional logic of the software/solutions delivered.

Exclusion:

Unless otherwise agreed explicitly, these 2 Months of Free Technical Support are not available for the following kinds of engagement/association with TKV Creatographics:

(a) Full-Time Web Designer or Developer Engagement/Hired.
(b) TKV Creatographics Designers and Developers are working with the Client Team directly, where the Client Team is doing project management.
(c) TKV Creatographics is hired only for Installation and Support works and Quality only but not for project development.

Photography and graphics: 

Both the parties agree to abide by the following terms:

a) Unless otherwise agreed—Stock Images used for creating any banner promotion graphic or animation are not part of the project deliverables; the Client should purchase the license to use the stock images from respective 3rd parties at their own cost.

b) TKV Creatographics may use stock photographs and images while creating the website. Images and graphics purchased from stock libraries are not generally included in the quote and will be invoiced separately. Or TKV Creatographics will use stock-free images.

c) At the request of the Client – TKV Creatographics will keep the Client updated about the stock images being used and the cost involved before raising the invoice.

d) The Client shall not use images used by TKV Creatographics for product demos unless the Client has purchased the usage rights for those images. Client shall be fully responsible for violation of any 3rd party copyright.

e) Images delivered by TKV Creatographics along with a bundled software/solution/script are for Demo Purposes only and shall not be used for commercial purposes. The Client should contact TKV Creatographics for more information about the price of those images if the Client wishes to use those images for commercial purposes, OR the Client should replace the default images with the images owned by the Client.

Browser compatibility: 

TKV Creatographics makes every effort to design pages that work flawlessly on the most popular current browsers, i.e., the latest version of IE / Firefox / Chrome released on the date of the project agreement. However, TKV Creatographics cannot be held responsible for pages that do not display acceptably in newer browsers released after pages have been designed. IE11 and older IE versions are outdated browsers, so we don’t design with them in mind. We recommend using the latest version of Chrome or Firefox instead of older versions of Microsoft Internet Explorer. TKV Creatographics can work on improving UI/UX for older versions of Internet Explorer for an additional charge.

Search Engine Submission: 

The following services are not part of the project unless agreed otherwise in writing:

a) Submission of websites on different search engines.
b) Securing a good ranking of your website on different search engines.
c) Search Engine Optimization – On Page/Off Page.

Site maintenance: Unless otherwise agreed in writing, the following services will be separately billed after the website has been made live:

a) Content updates
b)Refinements and logical tweaks to the website should have been planned/approved by the client earlier.
c) Content presentation and design updates that should have been planned/approved by the client earlier.

Content:

After TKV Creatographics has delivered the website to a client, the client is solely responsible for the content /information/ images posted on his website. 

Suppose there is any error or omission by the TKV Creatographics team while uploading/posting the content/information/images on clients’ websites. In that case, TKV Creatographics will correct it if reported to Creatographics representatives.

Material:

All material supplied by the client shall remain the client’s property.

TKV Creatographics rightfully believes that this material belongs to the client and that it does not breach any copyright laws. Under no circumstances shall TKV Creatographics be held responsible for any claims, damages, and loss of profit or reputation caused to the client due to the use of material provided by the client.

Domain names booked by Creatographics on behalf of the client:

TKV Creatographics provides domain name consultancy if required. Domain names registered by TKV Creatographics on the client” ‘s behalf are the property of TKV Creatographics until the client has paid for the domain booked and any fee involved.

TKV Creatographics agrees to transfer such domains to the client or their agent when asked to do so, provided that all accounts have been settled.

Note:

Domains booked and owned by the Client are not subject to this term. This term applies only to those domains that TKV Creatographics book upon the request of the Client.

Travel Time and Expenses:

Traveling time to and from the client premises is not generally included in our estimate. If a visit/travel is required for a meeting, the Client will bear all the expenses or as agreed by both parties. 3rd Party Add-ons/services/applications: All third-party costs arising from the registration of a domain name/purchase of third-party utilities/services shall be met by the Client and are payable to TKV Creatographics before a formal application for registration is made. 

Examples of 3rd party fees are as under:
  1. Domain Names
  2. Server Space Hosting Fees
  3. SSL certificates.
  4. Backup Services
  5. 3rd Party APIs, if any, required by “Clients” to be integrated with the work ordered.3rd Party Add-ons/services/applications: All third-party costs arising from the registration of a domain name/purchase of third-party utilities/services shall be met by the Client and are payable to TKV Creatographics before a formal application for registration is made. Examples of 3rd party fees are as follows: Party Plugins/Scripts/Applications/Software/Widgets/Services, if any, required by “Clients to be integrated with the work ordered.
  6. Payment Gateways Signup and Recurring Fees.
Examples of work: 

Unless negotiated otherwise, TKV Creatographics retains the right to list/display the Client’s name and logo with or without work performed (Design/Development/Online Promotion) for the Client in its respective portfolios and promotion materials. This overrides all previous agreements and NDAs signed.

Quotations: 

The price quoted to the Client is for the work agreed upon in the proposal document only. Should the Client decide that changes are required after the project work has been initiated, then TKV Creatographics will provide a separate quote for the additional work and may need to review the timescale for completing the project. Cost estimates and prices quoted are valid for a maximum of one month unless otherwise agreed.

Mode of Payment
  1. Clients Based Outside India: International Wire Transfers, Credit Card/PayPal via 2Checkout payment gateway.
  2. Clients Based in India: UPI, NEFT, RTGS, or Physical Cheques mailed to our office address.
  3. Payments for packages/services other than those covered under e-commerce packages and Mid-Size Business and Large Business Packages should be made via Wire Transfer only.
Payment Terms:
  1. The payment plan is agreed between the „Client‟ and Creatographics based on the milestones.
  2. The Payment shall be due within 14 days of the invoice date unless specifically mentioned in the Invoice.

Full publication of the website/technical work will only take place after full Payment has been received in our account unless otherwise agreed in writing.

  1. Any material previously published may be removed unless Payment is received. When this occurs, a minimum charge of USD 150 will be charged to have the site restored.
  2. Accounts that have yet to be settled within 14 days of the date shown on the Invoice will incur a late payment charge of USD 100 or 5% of the Invoiced Amount (whichever is higher) for each week delayed.
  3. In case of delay in payments beyond the due date, Creatographics reserves the right to stop the work being commenced and Clients agrees to exempt Creatographics from meeting the timelines agreed.
Cancellation: 

Both parties reserve the right to cancel the project at any stage.

  1. In case the Client cancels, then payments made for the project can be refunded to the Client after deducting the upfront payment amount received for the Initiative of the project and the other payments received against the milestones completed.
  2. In case TKV Creatographics cancels the project, the payments made for the project can be refunded after deducting $15 per hour for hours spent on the work performed for the Client, including but not limited to the time spent on project discussion, requirements gathering, project planning & documentation, project initiation, and execution. After the payments are settled between the two parties –TKV Creatographics shall transfer to the „Client‟ – all the documents, designs, and scripts produced for the project.
Penalty Clause

Penalties applicable on Creatographics:

  1. TKV Creatographics agrees to finish the Project as per the detailed project scope agreed to, within the agreed timeline. Suppose there is a delay in finishing the Project. In that case, TKV Creatographics agrees to the penalty of X % of the original project price for each week’s delay in submitting the Project for the final review to the client. If TKV Creatographics delays project submission for the client’s final review by more than 8 weeks, the client may request project cancellation and a full refund; however, the refund amount shall not exceed the originally agreed project price (excluding the amount charged for additional requirements and change requests).  The amount charged for additional requirements/change requests shall not be refunded. X% = 50/Project Duration Weeks (Calendar Weeks); X% should not exceed 4% unless otherwise explicitly agreed to.
  2. Penalty Amount/Refund applicable shall be adjusted against/out of the pending amount owed by the client towards TKV Creatographics, and any remaining amount shall be refunded to the client via wire transfer, PayPal, or any other mode of payment as per mutual agreement.
  3. Once a full refund has been issued, the Project shall be marked canceled, TKV Creatographics shall be relieved from all liabilities towards the client, and the client shall not make any claims, objections, or demands from TKV Creatographics for any loss or damages incurred at his/her end due to the delay. TKV Creatographics shall own all rights on the work done, designs, scripts, documents, other outputs, and elements created for the Project, and the client shall not use any of the work, scripts, designs, or documents already delivered. Client shall be liable to pay full project price in case Client uses or copies any piece of the work, design, script, elements, and documents produced by TKV Creatographics for the Project.
Responsibilities applicable to Client:

The Client should provide all comments, feedback, and suggestions about the project scope during the Detailed Project Scope Documentation phase. Subsequently, any changes, modifications, or enhancements done to the project scope would be additionally chargeable with or without delivery timelines revision. If there are changes that TKV Creatographics accepts without additional charge, the timeline should be extended by the number of days required to implement those additional non-billable items.

  1. The Client should make payments as per the agreed payment terms, else TKV Creatographics should be exempt from meeting the timelines agreed to and will not be liable to any penalties for the delay in delivery of the project.
  2. The Client should provide his feedback on the work submitted for their review within 24 hours; if there is a delay from the client side in providing feedback on the work submitted for their review, TKV Creatographics should be exempt from meeting the timelines agreed to and will not be liable to any penalties for the delay in delivery of the project.
  3. If the Client changes the Functional Requirement – The Client understands and accepts that additional cost and working days will be added to the project; hence, the project delivery timeline will need to be revised.
Delayed Response from the Client Side: 

Unreasonable delays from the client side in providing the required feedback/information/data to finish the project shall exempt TKV Creatographics from meeting the timelines mentioned in the quote.

In case the client does not provide the required details/data/information for more than 5 working days, the client authorizes.

TKV Creatographics to forfeit the payments made towards this project.

In case, during the project duration, the Client does not maintain communication with TKV Creatographics for more than 10 calendar days, the Client agrees that the project/services shall be deemed as received and accepted by the Client, and the Client further authorizes TKV Creatographics to mark the project completed and invoice the Client for remaining uninvoiced amount as per the total project price agreed.

However, the Client can instruct TKV Creatographics to put the project on hold provided:

  1. The Client agrees to pay a project resumption fee of $100 or 30% of the total project price, whichever is higher. The on-hold period is at most 1 calendar month.
  2. The Client agrees the professionals attached to the project (Project Team Structure) may be different from what was originally agreed upon.
  3. The Client agrees to pay this project resumption fee every time a project is being put on hold.‟
Escalation: 

TKV Creatographics ensures you get the right assistance to resolve issues in a timely manner. If your concerns are not entertained to your satisfaction, you can escalate critical issues to a higher level of management. You may follow the below-mentioned escalation matrix to avoid any delay or discomfort in the event of dissatisfaction.

First Level Escalation: 

In case of a delay in project timelines or an unsatisfactory response from your associated Project Manager/Business Analyst, you may escalate your case to (contact@tkvcreatographics.com) and expect a response within the next 3 working days.

Final Escalation: 

If you don’t receive a satisfactory solution from any of the team members following the first level of escalation or haven’t received a reply within 5 business days after submitting your Feedback/Query/Complaint, you may escalate your case to our CEO, Mr. Vikramraja (contact@tkvcreatographics.com). Rest assured that immediate action will be taken.

Time Estimates: 

The client agrees that stipulated timelines cannot be met if the client changes the project scope once the project scope document is finalized. The client agrees to only change the requirements after extending the original agreed timelines by a minimum of 1 week against each change request.

Share in profits from business or sale of business: After the client makes the agreed payment for the project, TKV Creatographics will not claim a share in the client’s profits from the business or the sale of the business to some other company.

Copyright/Ownership Rights: TKV Creatographicswill retain the copyright of any material, including design, artwork, and source code, created for the Client by TKV Creatographics TKV Creatographicsreserves the right to retain the copyright on all material created by TKV Creatographics unless otherwise agreed between the two parties in writing. As per the agreed terms, the Client owns rights to the following items:
  1. a) Logo/Graphics/Pictures/Images supplied by Client – Yes
  2. b) Website Interface/PSD/Creatives/Designs – Yes, if the Client has ordered a custom design with Exclusive Rights.
  3. c) Programming Files/Source Code – Yes, if the Client has ordered the project with Exclusive Rights. The Client does not own the copyright/Intellectual property rights for projects being done on a Single Domain License basis.
  4. d) If the project is being done on a Domain License basis, theClient 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 to the system scripts/source code delivered.

Ownership of Code and Intellectual Property Rights: Unless otherwise agreed, TKV Creatographics is the owner of the source code and the intellectual property rights and reserves the right to reuse the code for other projects.

The following terms shall be applicable and obliged:

  1. a) The Client shall not create unauthorized copies of any Themes / Software /Scripts / Designs / Files / Documents/Information delivered to the Client by TKV Creatographics;
  2. b) Client shall not access, share, and transfer any Themes / Software / Products/information/document owned by TKV Creatographics unless authorized to do so.;
  3. c)Client shall not reverse engineer any software/script/application owned by TKV Creatographics
  4. d) Client shall not make any Themes/ Software/Document/File/Information available to any third party in any manner, nor may Client use such works to provide services to any third party unless explicitly agreed otherwise in writing.
In the event that Client breaches any of the terms specified in this clause, Client at this moment authorizes any court of competent jurisdiction in India or Abroad to pass the judgment against the Client for and in the amount for each default, as provided in the paragraphs above, together with costs of suit and the cost of attorney incurred by TKV Creatographics for recovery of above compensation/damages from Client. This damages/compensation allowed shall be considered as interim relief to TKV Creatographics, and TKV Creatographics shall have the liberty to claim a higher amount as compensation for the direct/indirect damages, and the Employer may pursue criminal proceedings as well. Termination of the Agreement: If either party terminates this Agreement for any reason, the parties will continue to perform all of their respective obligations under this Agreement
Notes: 
In no event will TKV Creatographics be liable to the Client or any third party for any damages, including any lost profits, lost savings, or other incidental, consequential, or special damages arising out of the operation of or inability to operate these Web pages or website, even if TKV Creatographics has been advised of the possibility of such damages? Despite the best efforts of TKV Creatographics, errors in web page information may occur. At no time will TKV Creatographics be held responsible for accidentally including erroneous information, extending beyond correcting the error. Should TKV Creatographics waive any of these terms on an individual basis, this shall not affect the validity of the remaining clauses or commit TKV Creatographics to waive the same clause on any other occasion. By agreeing to these terms and conditions, your statutory rights are not affected. TKV Creatographics reserves the right to change or modify any of these terms or conditions at any time, but agreements signed prior to the updates in this Agreement remain unaffected. Please feel free to contact us for more info/clarification about any of the terms and conditions mentioned above.

TKV Creatographics reserves the right to amend any or all of the above policies, guidelines, and disclaimers without notification.

If you have queries or suggestions regarding our refund policies, kindly email us at contact@creatographics.com / +919629683501

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