Terms And Conditions

The terms and conditions stated below shall apply to every client irrespective of their acceptance of the same. Acceptance of the quote shall be deemed to be the acceptance of terms and conditions. It shall be presumed that the client has read the terms and conditions in full and have agreed to the same.

Charges for services to be provided by Intersmart are defined in the project proposal that the Client receives via e-mail and/or in writing. The proposed quote has a validity of 30 days, from the date of its preparation. Intersmart reserves the right to alter or decline to provide a quotation after expiry of the 30 days.

Website, branding materials, digital marketing works, designs, graphics, electronic media profile and any programming code including the content within – remains the property of Intersmart until all outstanding accounts and paid in full or unless mutually agreed upon.

In the absence of an agreement (with the client) to the contrary, all website design services require an advance payment of 50% of the total amount quoted for a project.

Services like Digital Marketing are charged monthly and the payments including service charges and advertisement costs should be done in full in advance.

Intersmart do not take responsibility for any copyright infringements caused by materials submitted or suggested by the client. We will refuse any such materials unless you can show us adequate proof that you have permission to use the material. In case of disputes, Intersmart solution won’t be accountable for such issues.

We take every effort to meet your expectations during the submission of the first design itself. However, in case you are not satisfied with the design, we are open to making 2 or more designs. In the absence of mutual consent for all three designs altogether, and if the client request for redesigning, Intersmart has the rights to terminate the project by either providing a refund or reserving the amount as future credit which can be used anytime by the client.

Once the project starts, the client should be able to provide all required materials as early as possible so that we can finish the project within the given deadline. Intersmart will not be liable for the cost incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.

The client must review the Company’s work, provide feedback, and sign­off approval promptly. Intersmart will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the client’s appointed agents.

Clients must advise, in advance, of any confidential information to be presented by email, written, or verbally, between both parties. Also, for this to be marked as ‘confidential’ in the subject of the email, or clearly on any written document. Intersmart agrees that, except as directed by the Client, it will not at any time during or after the term of this agreement disclose any non-public Confidential Information to any person whatsoever. Likewise, the Client agrees that it will not convey any non-public confidential information obtained about the Intersmart to another party.

Once the project has been completed, the client needs to pay the balance amount as per our payment terms before delivery. There are no exceptions to this, i.e. if the client decides to drop the project, they are still obliged to pay for the work that has been done. Non-payment will result in legal action being taken if necessary. Payment once remitted shall not be returned at any cost unless Intersmart agrees upon. Whilst every effort is made to ensure that costing estimates are accurate, the Company reserves the right to amend any estimate, should an error or omission have been made.

Once a proposal is accepted and we start working on it, if you need to withdraw the project due to any issues from your end, the full amount quoted has to be paid to Intersmart. We understand and acknowledge that the client agrees upon our terms and conditions before associating with us. You agree to reimburse us for any requested expenses which do not form part of our proposal including but not limited to the purchase of templates, third-party software, stock photographs, fonts, domain name registration, web hosting or comparable expenses.

Intersmart makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Microsoft Edge, Google Chrome, etc.). The client agrees that Intersmart cannot guarantee correct functionality with all browser software across different operating systems. Intersmart cannot accept responsibility for web pages which do not display acceptably in obsolete version or new versions of browsers released after the website have been designed and handed over to the Client. As such, Intersmart reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.

On completion of the work, you will be notified and have the opportunity to review it. You must notify us in writing of any unsatisfactory points within 7 days of such notification. Any of the work which has not been reported in writing to us as unsatisfactory within the 7-day review period will be deemed to have been approved. Once approved, or deemed approved, work cannot subsequently be rejected and the contract will be deemed to have been completed and the 50% balance of the project price will become due.

You are responsible for maintaining your backups concerning your website and we will not be liable for restoring any client data or client websites except to the extent that such data loss arises out of a negligent act or omission by us.

All charges that appear in bill towards clients/ Automatic renewal issued for service subscriptions/ project cost estimates are in Indian rupees (INR) or US dollars (USD). If you do choose the option of paying with a different currency other than USD/INR, it will be converted to USD/INR solely for purposes of calculating the currency equivalent and record keeping.

Client agrees to allow Intersmart to use clients name and website for company promotions, online portfolio, past clients list, on social media, in print material, etc. for advertising and promoting Intersmart’ s services to other companies.

Intersmart reserves the right to assign certain subcontractors to this project if it sees the need to do so to meet the requirements of this agreement. Hosting via Intersmart allows for an allocated resource (including CPU, memory, bandwidth and dis space) limited to that Hosting package. Any over usage of the resources will be charged at the appropriate rate at that time, invoiced to the Client’s account and must be paid within 7 (seven) calendar days after Invoice date thereof. Intersmart has the right to suspend any services in case the amount is not paid on time and will only unsuspend/provide backup once the outstanding amount is paid in full.

If the website is to be hosted under a Third-Party Service Provider, the client must provide Intersmart with their Cpanel, FTP and database details to upload onto WebSiteDesigns’ software. If the Client uses a Third-Party Service Provider on Intersmart’ s recommendation, the Client will agree directly with that Third-Party Service Provider.

Intersmart will not be held liable or have any responsibility for the Client’s Hosting Services via a Third-Party Service Provider as we do not have control over the status of hosting, domain renewals or e-mail when not hosted with Website Designs. All technical aspects of websites must be referred to the Client’s Third-Party Hosting Service Provider. Intersmart will however assist the Client upon request with Third-Party Hosting Service Provider(s). This time may be billed to the Client at the discretion of Intersmart. If clients avail any monthly service

Intersmart reserves the right to add, delete, or modify any provision of these Terms and Conditions at any time without notice. Failure to receive notification of a change does not make those changes invalid. Failure to comply with these Terms and Conditions regarding payments and fees will result in legal action from Intersmart’ s legal representative(s), and the full outstanding balance becomes payable.

All legal cost resulting from non-payment will be accrued to the Client’s outstanding balance. Client agrees to indemnify and hold harmless Agency, its owners and employees from and against all allegations, claims, actions, suits, demands, damages, liabilities, obligations, losses, settlements, judgments, costs and expenses (including without limitation attorneys’ fees and costs) which arise out of, relate to Agency’s use of materials furnished by Client (including but not limited to, logos, slogans, trademarks, written content, photographs, video, music and fonts). Information or data obtained by us from you to substantiate claims made in marketing deliverables shall also be deemed to be “materials furnished by you.” Such claims may include claims for invasion of privacy, defamation, patent, trademark, copyright or other intellectual property claims. Additionally, Client agrees to indemnify and hold harmless Agency, its owners and employees against any allegations, claims, actions, suits, demands, damages, liabilities, obligations, losses, settlements, judgments, costs and expenses (including without limitation attorneys’ fees and costs) which arise out of, relate to business ideas, innovations, concepts, websites, web-based applications and the like that Client has generated and has asked Agency to develop or implement.

SEO/Digital Marketing.

Intersmart has no control over the policies and ranking algorithms of search engines concerning the type of sites and/or content that they accept now or in the future. Client’s web site may be excluded from any search engine or directory at any time at the sole discretion of the search engine or directory.

A website’s search engine ranking can fluctuate any day, any time because of on-going changes in the ranking algorithm, SEO efforts made by the competitors or both. Intersmart does not guarantee No.1 positions or consistent top positions for any particular keyword, phrase, or search term.

A website’s search engine ranking can fluctuate any day, any time because of on-going changes in the ranking algorithm, SEO efforts made by the competitors or both. Client acknowledges that paid advertising may be subject to the individual advertising network’s policies and procedures. Any forecasting metrics provided to Client are estimates based on industry knowledge and advertising network projected forecasts.

The Company shall use all reasonable endeavours to deliver Services relating to search engine optimisation, links, advertisements, banners, pay per click and google analytics as per the guidelines applicable to the relevant search engines. However, the Company shall not be liable for delayed or non-conforming performance due to changes made to standard terms, assessment algorithms, search criteria, viewing policy, prices and campaign offer or other matters beyond the Company’s control and reserves the right to make changes to Services as a result of the same. Also, the Company shall not be liable for other changes or discontinuation of search engines.

The Company shall not be liable for Services relating to search engine optimisation, link building, advertisements, banners or sponsorships leading to a minimum number of views, position or frequency in searches on relevant words or otherwise. Besides, the Company shall not be liable for ensuring that such Services lead to a certain volume of traffic, number of clicks, registrations, purchases or the like.

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