Terms And Conditions
The terms and conditions mentioned here are for all our services inclusive of customized software, digital marketing, website design & development, graphics designing, mobile application development, and enterprise solutions. This applies to all contracts and work undertaken by Daddy’s Code for its clients.
Daddy’s Code and its subcontractors/ re-sellers that it engages agree that any of the client’s confidential information will not be disclosed to any third-party.
Fees and Deposits
An upfront fee (usually 25-50%) of the total fee as decided is payable by the client immediately under our proposal. We start working on your project immediately after the fee has been deposited with us. The remaining milestones shall be completed as and when we get your satisfaction approval in the consequent and present work. This is subject to the terms of ‘approval of work’ and ‘rejection of work’ clauses as stated in the documentation. Daddy’s Code reserves the right to not commence or continue any work until the decided payment has been made.
The upfront deposit is refundable, only and only if, Daddy’s Code has not fulfilled its obligations to deliver the work as decided in the documented agreement. If the project work has already started following your approval and if you wish to terminate the work or contract, for reasons whatsoever, for no fault of ours, the deposited amount shall not be refunded. In this case, no refund will be given partially or fully.
Supply of Materials and Information
You must supply all materials (if required, that will be stated prior to the commencement of the iteration) and information needed to complete the work in accordance with the agreed document. Such materials may include, but not limited to, photographs, logos, written copy, product catalogs, and other printed and software copies of the material. If there arises any delay in the supply of the requested materials, any delay in the completion of work from our end shall be considered by you. In such cases, we have the right to extend any previously agreed deadlines by a reasonable amount.
If you fail to supply the materials that prevent the progress of our project, we have the right to invoice you for the part of the work (your project) that is already completed by us.
As a client, you have the opportunity to make revisions in the project. The count of revisions, if any, will be specified to you at the initial discussion and during the time of documentation. Daddy’s Code has the right to limit the number of design proposals to a reasonable amount during the process of project work if it has not been previously decided upon. If your proposed design revision is considerably different from the initially approved project and it results in more than expected additional costs of our resources, we have the right to charge extra for the changes that will be revised to the original design specification. If you fail to pay from the revisions, you will have the option of either terminating the project or continuing with the original design specification. In case you opt to terminate the project, Daddy’s Code shall charge you for the already completed work till the date of contract termination.
Daddy’s Code believes in flexible design and development and we allow certain variations to the original specification that is reasonable and does not incur significant additional costs of our resources. However any major deviation in the design will be charged and the rate will be fixed at a per hour rate basis or an amount will be decided and conveyed to you after looking at the additional resources (time, manpower and skills)to be needed for revision.
Project Delays and Client Liability
Any deadline and estimate that is decided prior to the commencement of the project is contingent upon your full cooperation in the form of material and information supply. During the project development progress, a certain amount of feedback is required from you in order to progress to the next phase or subsequent phases of our project. For better and faster results, it is advised that you keep a single point of contact from your end who is responsible for all the information supply, as and when it is required. This will help us to expedite the process and remove any unnecessary hurdles or wrong information collection in between.
Approval of Work
On the completion of each work phase, you will be notified and given the opportunity to review it. If you need any improvement or revisions in the submitted work, you shall notify us of the same within 7 working days of your receiving the work design. Any of the required changes and unsatisfactory points reported to us after the 7 day time period shall not be deemed valid. Any work that is approved for correction and improvisation cannot be subsequently rejected or changed again. If any changes incur again from the client-side, the contract will be deemed to have been completed and the balance project fee will become due.
If the client rejects any of our work within the 7 working day review period or does not approve the subsequent continuation of the work, even after suggesting remedial improvisation or changes in the project from our side, then we stand the right to treat the contract as null and void. We shall act reasonably to keep the project continuing by suggesting and agreeing to slight changes. But, if the client is unsatisfied with our work and wishes to end the project, we have the right to claim payment for the completed work.
Once the 7-day review period is completed, the client is liable to release the balance payment immediately so that Daddy’s code shall continue with the project, implementing the minor changes as mutually agreed upon.>
Warranty by you as to ownership of intellectual property rights
The client will be responsible to obtain all the necessary permission from the concerned authorities in respect of the use of all information provided by you to us like, but not restricted to, graphic images, registered company logos, names and trademarks, or any other material to be used or included in the web applications/mobile applications/software solutions.
We will not be held responsible for any claims or legal action that may arise due to the content of your website/mobile/ software applications. You must indemnify us and hold us harmless for any such legal complications.
Once the full payment is done by the client, Daddy’s Code will grant you the license to use the website and its related software and contents for life of the website/mobile applications provided any regular renewal of subscription is done on or before the expiry term.
Daddy’s Code shall not be liable to any loss or damage which your business may suffer which is in any way attributable to the delay in performance or completion of our contract, however that delay arises.
To the full extent permitted by law, all terms, conditions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise (other than the express provisions of these terms and conditions) relating in any way to the services we provide to you are excluded. Without limiting the above, to the extent permitted by the governing law, any liability of Daddy’s Code under any term, condition, warranty or representation that by law cannot be excluded is, where permitted by law, limited at our option to the replacement, re-repair or re-supply of the services or the payment of the cost of the services that we were contracted to perform.
Daddy’s Code reserves the right to subcontract any services that we have agreed to perform for you to any subcontractor as decided by us if we see it fit for outsourcing.
Daddy’s Code (and any subcontractors that we engage for your project) agree that we will not disclose any of your confidential information to any third party at any time.
Any additional expenses that do not form part of the agreed proposal including but not limited to the purchase of third-party software, stock photographs, domain name registration, templates, web hosting, fonts, and other comparable expenses.
The client will be responsible for maintaining their backups of the website and database (if in the cloud or local servers). Daddy’s Code will not be liable for any client database or website restoration except to the extent that such loss arises out of negligence or omission by us.
Ownership of Domain Names and Web Hosting
If Daddy’s Code purchases domain name and web hosting services from the third-party for its client, the expenses incurred for it shall be borne by the client. The account credentials will be submitted to the client after the reimbursement of its fees. Daddy’s Code does not offer refunds once the client website is hosted and it is up and running. If the client hosts the site on their server or any other third-party server, Daddy’s Code shares the complete backup of the project. Daddy’s Code will book the domain name on the client’s behalf, if they wish to. If the client wants to move out for any reason whatsoever, Daddy’s Code will help the client in the transfer process provided all the outstanding dues are cleared.
The agreement constituted by these terms and conditions and the agreed proposal will be construed according to and is governed by the Indian laws (Surat jurisdiction). The client and Daddy’s Code submit to the non-exclusive jurisdiction of the courts in and of India (Surat) in relation to any dispute arising under these terms and conditions or in relation to any services Daddy’s Code performs for its clients.
By using advanced technological solutions, Daddy’s Code ensures that the websites, mobile applications and customized software solutions that it creates are compatible with all the current web browsers. Third-party extensions, where used, may not have the same level of support for all browsers. Daddy’s Code takes utmost care of third party extensions and always uses the best that fits in seamlessly with our services. Wherein, any incompatibility is encountered, we may have to substitute alternative extensions or implement other solutions, on a best-effort basis.
Dynamic Website/ Mobile App & E-Commerce plan
The client is responsible for complying with all the relevant e-commerce laws, and to the full extent permitted by law will hold harmless, protect, and defend and indemnify Daddy’s Code and its third-party contractors from any claim, penalty, tax, tariff loss or damage arising from the client or their client’s use of Internet electronic commerce.
Daddy’s Code does not guarantee any specific position for the client website/mobile application in the search engine page results or App Store/Play Store search results. Daddy’s Code performs basic SEO/SMO according to the current best practice.