Terms & Conditions

COPYRIGHT © 2023 GMTA Software Solutions AND/OR ITS AFFILIATES. ALL RIGHTS RESERVED.

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The following are terms of a legal agreement between you and GMTA. Here, we clearly define aspects of our business relationship with you.

General Work Terms and Client Responsibilities & Liabilities

  • All site content (text and multimedia) will be the sole responsibility of the client to provide to GMTA. Such should be provided prior to commencing the work.
  • Client is solely responsible to take proper back-up of all content on their site prior to letting GMTA undertake the required course of action towards meeting the contract. Any loss or damage to existing data shall not be a responsibility of GMTA under any circumstances.
  • The Contract does not hold GMTA responsible for any data entry, web hosting or custom artwork/graphics related work/tasks unless otherwise specifically mentioned, paid for and agreed to by both the parties towards such. Any artwork, images, or text supplied and/or designed by GMTA on behalf of the client, will remain the property of GMTA and/or its suppliers unless otherwise agreed.
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  • While GMTA will do its best to achieve all deliveries within the estimated time, there may, at times, be the need to extend or adjust time in cases of any unavoidable and non-forecasted situations like those of deployment issues, dependencies, 3rd-Party support, development bottle-necks, resource unavailability due to emergency, communication delays and the like.
  • GMTA will provide the Client an opportunity to review the appearance and content of the Web site during the design and once they are completed. GMTA shall wait for a period of 7 days to hear any feedback on such shared work/outputs from the client. In the event of the client not replying within this period, such material will be deemed to have been automatically accepted and approved by the Client.
  • The Client retains the copyright to data, files and graphic logos provided by the Client and grants GMTA the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting GMTA permission and rights for use of the same and agrees to indemnify and hold harmless GMTA from any and all claims resulting from the Client's negligence or inability to obtain proper copyright permissions. A contract for the creation and/or placement of a website will be interpreted by GMTA as the client's assurance that all necessary authorizations and authorities have been secured. It is possible to request documentation of authority and permissions.
  • GMTA will not accept responsibility for any alterations caused by the Client or a third party occurring to the Client's pages/website once installed/deployed. If the Customer cancels the Service before it is completed, there might be a fee. GMTA may require a one-off Web Development charge before resolving any issues that may arise.

Payments

  • GMTA accepts payments by cheque, Cash or Bank Transfers (although we reserve the right to decline payment in any of these forms without notice). Without limitation, GMTA reserves the right to withdraw any payment methods at any time and to vary its prices without prior notice.
  • If the Customer cancels the Service before it is completed, there might be a fee. The fee will be equal to the amount of work completed at the point of cancellation.
  • Legal action may be necessary if the cancellation fee and/or overdue amount are not paid.

Support and 3rd-Party

  • We provide free support for the first month after the site launches. Following a month of complimentary service, we bill in accordance with the different price packages that best fit the needs of the client. We also provide attractive discounts if the client chooses a higher price package. The scope of support does not cover any issues pertaining to the site architecture, rule modifications, or add-ons/enhancements; it only covers bug fixes and email support.
  • Any third-party product, service, or support that is used on the website and needs to be paid for, licenced, or protected by copyright, etc. shall be the sole responsibility and liability of and be provided by the client or will be procured by GMTA on behalf of the client on pre-payment for the cost of such procurement. The fee charged by GMTA is exclusive of out-of-pocket expenses and expense claims filed by third party products/services involved.
  • No guarantees or warranties shall be provided by GMTA for the accuracy or performance of such 3rd-Party product/service.
  • Any upgrade in the 3rd-Party product/service being used in the project shall not be part of scope at GMTA. Such shall be addressed per feasibility and revision of price and time may be called for by GMTA.

Re-work, Enhancements/Add-ons and Billing

  • Any extra features that weren't included in the scope of work would be considered through a Change Management procedure and would incur extra costs. Scope creeps that occur after wireframe sign off would result in additional billing, longer delivery times, and higher delivery costs.
  • The majority of adjustments, such as small revisions or rework, are typically just finished. However, if we believe that this is being misused, we will compile a list of the tasks that we believe to be the source of the abuse and charge for them extra based on the total amount of time needed to complete the work or tasks at business rates between $15 and $20 per hour.
  • Whilst we try our best to cover most changes within the budget of the site, some changes are classified as enhancements/add-ons to the system and become chargeable; we will advise you before we start work on any such items.
  • Any re-work, change or tweak request by the client post approval and/or furthering to the subsequent stage of project process shall be treated as add-on work and be additionally billed.
  • The client must pay the fee charged by GMTA without any deductions, discounts or debt settlement by the agreed due dates.

Limitations of Liability

  • GMTA will use reasonable skill and care in providing the Service. However, we make no representation and exclude any warranty, express or implied, as to the availability, quality, accuracy, timeliness, completeness, performance or fitness of the Service.
  • GMTA hereby excludes itself, its Employees and or Agents from: all and any liability for loss or damage caused by any inaccuracy; omission; delay or error, whether the result of negligence or other cause in the production of the website; All and any liability for loss or damage to clients' artwork/photos, data/content supplied for the site. This is whether the loss or damage results from negligence or otherwise.
  • Except in the event of death or personal injury caused by our negligent acts or omissions, we shall not be liable in any way for any damages arising in contract, tort or otherwise in respect of loss or damage arising out of or in connection with this Agreement or operation of the Service. In no event will we be liable for any direct, indirect or consequential damages in contract or tort, including loss of profit, loss or damage to property or relating to claims made by third parties.
  • GMTA cannot make guarantees of service on behalf of third party organizations and will not be held liable for the failure in any service provided by third parties.

Approvals and Delivery

  • The project will involve various stages and the work for the next stage will only start after receiving the sign off on and relevant payments for the previous stage as agreed.
  • On completion of the Service (Website design and/or website development), the website will be uploaded to the Customer area of the GMTA server for approval. Upon approval by the Client, the website will be uploaded to the destination server where the site shall stay. GMTA reserves the right to delay uploading of the website until full payment has been received.
  • All code and material developed will be transferred post completion of the project and after sign offs. The code ownership will reside with the client after final payments.
  • GMTA holds the Right to publish and use the completed work and/or even the deployed final product/website for references to other potential clients. In circumstances such as are required to be withheld, client shall notify GMTA well in advance and request prior and proper approvals towards the same.

Timescale

  • GMTA will aim to complete all services within the agreed timescale. The timescale will commence on receipt of both the agreed % deposit (ranging from 30% to 50% of the project price as mutually discussed and agreed prior to contract finalization) as acceptance and all website content from the Customer.
  • GMTA may need to extend any timescales due to circumstances beyond its control.

Jurisdiction

  • These terms shall be governed by and interpreted in accordance with Indian Law. The parties irrevocably agree that the courts of India shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms and Conditions. The placing of an order will confirm acceptance of these conditions which are attached to the Order.

Severability

  • In the event any one or more of the provisions of this Agreement and/or Order shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement and/or Order shall be unimpaired and the Agreement and/or Order shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid, illegal or unenforceable provision.