Terms & Conditions
These Terms & Conditions apply in all work undertaken by Bitzinfotech.
Following terms and conditions form the agreement between Bitzinfotech (“we” or “us”) and the Client (“you”)
1. SUPPLY OF SERVICES
a) The company shall supply the Services to the Customer in accordance with the Specification in all material respects.
b) The company shall use all reasonable endeavours to meet any performance dates specified in The Schedule of Work within your Order Confirmation, but any such dates shall be estimates only and time shall not be of the essence for performance of the Services.
c) The company reserves the right to amend the Specification if necessary to comply with any applicable law or regulatory requirement, or if the amendment will not materially affect the nature or quality of the Services, and the company shall notify the Customer in any such event.
d) The company warrants to the Customer that the Services will be provided using reasonable care and skill.
2. CUSTOMER’S OBLIGATIONS
The Customer shall:
i) ensure that the terms of the Order Confirmation are complete and accurate;
ii) co-operate with the company in all reasonable matters relating to the Services;
iii) provide the company with such information and materials as the company may reasonably require in order to supply the Services, and ensure that such information is complete and accurate in all material respects;
iv) comply with all applicable laws, including health and safety laws;
v) keep all materials, documents and other property of the company (Supplier Materials) in safe custody at his/her own risk.
3. CHARGES AND TERMS OF PAYMENT
a) We will charge you for all work produced at our current standard charge out rates. All payments are to be made online through any gateway possible, prior to purchase of any service or package.
b) All rates and fees are inclusive of GST, nothing will be charged in addition.
c) You will be provided the details of your package and any optional charges within your Order Confirmation. These charges are reviewed periodically, and any changes will be notified to you.
d) On-going service management fees – immediately payable upon receipt of invoice.
4. CHANGES, DELAYS AND/OR CANCELLATION OF AGREED PROJECTS
a) In the event of change or cancellation due in no fault of the company, we reserve the right to charge you for all costs of complying with your request, which may include our expenses, cancellation fees, and our fees in respect of such plans, schedules and any work-in-progress.
b) In cases where the cancellation was not due to any fault on the part of the company (for example where you changed your mind); we also reserve the right to charge you for our time in preparation of services, proposals, invoices and meetings that were incurred prior to the cancellation date.
c) In the event of any project being delayed due to any reason, during which no work takes place due to no fault of the company, the company reserves the right to charge the full amount. The project end date will be extended by the same number of months as the project is delayed by the client.
5. RETURN/REFUND POLICY
However, digital services can’t usually be returned. But company holds all rights to refund or return of payments in special cases.
a) The company holds all rights to reserve the payment if service is being delayed by Client, for any reasons.
b) The company will be liable to return/refund the charges if any negligence is incurred by our fault, following terms will be applied in such exceptional circumstances:
i) refund requests made after you have purchased our product/services are handled on a case by case basis and are issued at our sole discretion.
ii) refund requests, if any, must be made within 7 days of your original purchase, with proper reason or company fault stated. A detailed, clear evidence must be provided with proof that the purchased was made and delivered digital product/service doesn’t fulfil the criteria stated on our website.
iii) claims for non-delivery of services must be submitted within 7 days from the date of the purchase.
iv) in any case, if company is at the fault and refund should be given, the service charges for transferring of funds (by any mode of payment) must be incurred by the Client.
6. LEGAL LIABILITY
a) You shall be responsible for checking any material submitted by us to you for approval. You shall approve such material or notify us if any such material is false or misleading or is in any way contrary to Indian law.
b) We shall not be liable for any delay in or omission of services or any error in any material in the absence of any serious default or neglect on our part.
c) You shall indemnify us in respect of all costs, damages, or other charges falling upon us as a result of any legal action or threatened legal action brought against us arising from the material provided by us and approved or deemed approved by you.
d) We shall not be liable for any costs, loss or damage arising from our failure to fulfil our obligations where failure results from circumstances wholly or in part beyond our control.
7. CONFIDENTIALITY
a) Both parties shall keep in strict confidence all ideas, concepts which are proposed in connection with our engagement or project together with all technical or commercial know-how, specifications, processes or initiatives which are of a confidential nature and which either party has disclosed to each other, and any other confidential information concerning either party’s business or services.
b) Nothing in this agreement shall affect either party’s right to use as they see fit any confidential information which is gained in the course of the engagement or project.
8. CHOICE OF LAW AND JURISDICTION (In case of Disagreement)
The construction and performance of this agreement shall be governed by Indian law and the parties submit to the exclusive jurisdiction of the courts of India to resolve any disputes between them.