Term of Services

1. Privacy Policy: - 

Adwest Digital Private Limited’s website, products or Its clients project/website having the features of to avail certain services, users are required to provide certain information for the registration process namely like: - a) your name, b) email address, c) sex, d) age, e) PIN code, f) credit card or debit card details  g) medical records and history h) sexual orientation, i) biometric information, j) password etc., and / or your occupation, interests, and the like. The Information as supplied by the users enables us to improve our sites and provide you the most user-friendly experience. All required information is service dependent and we may use the above said user information to, maintain, protect, and improve its services (including advertising services) and for developing new services Such information will not be considered as sensitive if it is freely available and accessible in the public domain or is furnished under the Right to Information Act, 2005 or any other law for the time being in force. COOKIES To improve the responsiveness of the sites for our users, we may use "cookies", or similar electronic tools to collect information to assign each visitor a unique, random number as a User Identification (User ID) to understand the user's individual interests using the Identified Computer. Unless you voluntarily identify yourself (through registration, for example), we will have no way of knowing who you are, even if we assign a cookie to your computer. The only personal information a cookie can contain is information you supply (an example of this is when you ask for our Personalised Horoscope). A cookie cannot read data off your hard drive. Our advertisers may also assign their own cookies to your browser (if you click on their ads), a process that we do not control. Our web servers automatically collect limited information about your computer's connection to the Internet, including your IP address, when you visit our site. (Your IP address is a number that lets computers attached to the Internet know where to send you data -- such as the web pages you view.) Your IP address does not identify you personally. We use this information to deliver our web pages to you upon request, to tailor our site to the interests of our users, to measure traffic within our site and let advertisers know the geographic locations from where our visitors come. LINKS TO THE OTHER SITES Our policy discloses the privacy practices for our own web site only. Our site provides links to other websites also that are beyond our control. We shall in no way be responsible in way for your use of such sites.5. INFORMATION SHARING We shares the sensitive personal information to any third party without obtaining the prior consent of the user in the following limited circumstances: (a) When it is requested or required by law or by any court or governmental agency or authority to disclose, for the purpose of verification of identity, or for the prevention, detection, investigation including cyber incidents, or for prosecution and punishment of offences. These disclosures are made in good faith and belief that such disclosure is reasonably necessary for enforcing these Terms; for complying with the applicable laws and regulations. (b) We propose to share such information within its group companies and officers and employees of such group companies for the purpose of processing personal information on its behalf. We also ensure that these recipients of such information agree to process such information based on our instructions and in compliance with this Privacy Policy and any other appropriate confidentiality and security measures. 

2. Payment: -

We at Adwest Digital have certain payment policies for our customers. Payment policies are different based on product/services type.

(2.A.)  Service/Custom Development:  We finalize development/contract cost by seen our manpower & efforts and share the same quotation/proposal to our client. Once the both parties accept the proposal then before initiate the work, we are taking approx. 50 % advance payment and balance payment during project hosting/launching/deployment or the payment can be divided into some instalments with the respective order/client satisfactions.  All the payments/instalments/terms/durations are mandatory to be integrate in contract proposal/agreement and must be agreed by both parties. 

(2.B.)  Readymade Product/Application/Website: We have many readymade products/app and each of our products/apps having fixed cost or timely subscriptions. For further information kindly look at specific product terms and policy. (In case it is not visible, you may ask management/director for this.)   

3. Maintenance: - Any support and maintenance services, updates, versions, or new releases shall be contracted under a separate agreement between the Parties. Maintenance and support rights or obligations for any third-party products or equipment that are used in the Software and are available through the respective vendors or manufacturers of such content and equipment shall be assigned by Developer to Client.  During the new contract/project we provide free maintenance service for particular duration.  

(3.A) Maintenance Duration: Maintenance/ Free maintenance / AMC (annual maintenance contract) duration can be different for specific project / order /contract. (And the same will be involve in the discussion/ MOU / proposal) Project/Product maintenance get starts once all the functions/deliverables get developed/designed/finished and we put/host/deliver it on our own domain/server/localhost. The date of maintenance starts/begins will be the same of hosting to your domain or delivery to our server or delivery of softcopy or launching at any situation. Meanwhile the duration of delivery/launching/hosting your project/product will be host to our company server or local server and we will be you chance to test it before we go live/deliver/host. 

(3.B) Maintenance Charges:  Maintenance charge fixes during the discussion or it can be added in hidden in project cost. Cost of maintenance for custom project can be different or less or high depends on previous year work. Maintenance charges are payable in advance. In addition to the annual charges, any local taxes, such as t the time of signing the contract may be charged at actual if applicable.

(3.C) Maintenance Work:  Project/Product maintenance cover up all the issues / bugs / technical issues in existing development/developed code/designed page. We take care of project/code/product should work fine. Any additional function(s) /work / development / assignment(s) which has not been discussed during project initial discussion/proposal, will come under additional development and will be chargeable extra. 

(3.C) Maintenance Restriction: During the maintenance term, access to the particular code/site/project will be confidential and restricted between both parties. None of them can assign to a third party/person. In case any of customer assign/involve any third person/party when the project/code/product in under our maintenance, then we will not responsible for any damage or we can terminate our maintenance services. (None of paid amount will be refundable) 

(3.D) Additional Work During Maintenance: Any additional work during the maintenance term, will be taken as separate/new/fresh contract and will not be any link with current maintenance. 

4. Software Warranty: - 

We warrant to the end-user that each item of Software, as delivered or updated by us and properly installed and operated on the Hardware or other equipment it is originally licensed for, will function substantially as described in its then-current user documentation during its respective warranty period. Software warranty periods is actual maintenance period. We are offering free warranty/maintenance periods for each of our products or services.    If any item of Software fails to so perform during its warranty period, that will be our responsibilities to fix the issues. Every software or custom developed software will be having some specific functions or way to use. All users’ needs to follow the guidelines of software. We will not responsible if you’re/particular application users do not follow the proper guideline. 

Any use of or modifications made to software not supplied by us but which interface with the Software and which impair the functionality of the Software shall be undertaken at Customer's sole risk.

5. Hardware Warranty: -

Each of our hardware product have some limited warranty and the warranty period starts on the date of the invoice and ends on the same day of warranty term, and covers material, design and manufacturing faults.  

6. Support: -

These terms and conditions become effective upon receipt of applicable Service Fees by Adwest Digital for Support Services related to valid maintenance term by our Customer. These Terms and Conditions will govern the rights and obligations of Adwest Digital and Customer in relation to the Support Services described in any related Order Form(s), Statement(s) of Work, Contract(s) or other document(s) between Adwest Digital and CustomerAdwest Digital provide support to our client to maintain their site/product/product through email communication. Client need to write an email to support@adwestdigital.com for any help or query. The time of responses will be approx. min. 3-5 hrs and, in some cases, it may take up to 1-2 working days also.

7. Project Delivery: - 

The specific deliverables, functionalities, pages details and project requirements shall be governed by the Scope of Work/Technical specific document which shall be reviewed and approved by the both Parties as a document separate from this services contract agreement. Any changes in requirement/working flow/ functionalities/pages/design or any changes in contract agreement or to any deliverables in this contract must be submitted in writing and approved by both parties prior to taking place. Certain functions/design/code/module while not marked as deliverable in contract MOU then it can be discussed separately as additional development (Please check additional development term of services) 

All estimates/quotes are based on our understanding of your requirements and as per given time-frame. Any changes to the functionality including micro-improvements, may incur additional costs accordingly. Please ensure and clarify our understanding in a face to face meeting. Clients to ensure that we have included all requirements in the quotes/proposals/estimates and that we fully understand their requirements. Clients must provide us with clear guidelines along with the flow or specific details they may require. When such details are not provided, we will proceed with our understanding of the requirements and quote accordingly. At a later stage, if a discrepancy arises, it may lead to additional costs to accommodate the changes. Thus, it is essential that you clarify every aspect of your website development and ensure that you have been quoted on the right requirements. 

Any delays at client’s end, may delay the project and proposed timeframes and may incur additional costs.

Any modifications requested during the development or after the Go-Live approval will incur additional charges. All additional work, over and above the estimates is charged separately.

Any bugs/technical issues/error reported during or just after the development does not attract additional cost/charges and will be cover up according to maintenance term.

By going forward with us you are agree and accept the terms and conditions of Adwest Digital Pty Ltd.

8. Domain Name: - 

(A) Domain Name: A domain name is unique website name.  it addresses your website and server on Internet. We use third party service for domain registration and always keep it belongs to our client name or organization name and register with their own email address or mobile number. (We do not keep our client domain in our account, In case if you’re an existing client and having website with us and do not have access to your domain name, please ask our management regard this to make sure your domain name is safe )  We are just a third person in between setup and make your site/application live.  We neither assert our authority on it nor access it. Moreover, even our developers do not have access to it. Every domain name is having a “Authorization code” which is very confidential and can be access with domain registrant. So, you must keep it very safe and confidential. 

(B) Domain Renewal: Once your domain name gets registered you have to keep renew every year or during the expiration (You can renew for long term also) to avoid domain lose. If you do not renew on time then you may lose your domain. Domain registrant or reseller sends some certain reminder to your registered email address. We send reminder to our client in case if the domain is in our control or sometime domain registrant.  But you must be scared about this expiry and renew before the expiry date. In some cases, you may not see the reminder or ignore the renewal notice. (that we be at your own risk). 

Domain renewal cost is directly payable to registrant. 

9. Payment Refund: -

We at Adwest Digital, are very specific ahead of our work and transaction process. If someone is eligible for a refund based on our terms and conditions, then they can email to our management. Money will be refunded on the basis of our legal contract agreement. It may take up to 30 working days to return the money. (In case you’re not eligible to refund and still willing then we must go legal and further process will be taken by court/law.

Some of our refund scenarios  

1. Cancelling before work initiate and within 24 hours (If work not started) - We will charge 10% of the total amount paid and refund the payment because of incur costs for cancelation fee.  
2. Cancelling after work initiate – No Refund once work starts.
3. Cancelling after the project completed – No Refund, Outstanding amount will be taken.
4. Cancelling If the client does not like design - No Refund, because we work with client exact requirement and discuss about everything before start the work and go ahead.
5. Cancelling if work delay -. 50% Of Paid Amount can be refunded in case delayed from our end. 
6. Cancelling if the client paid extra amount - If client paid extra amount by mistake, then we will refund full amount. If client change plan than no amount will be refunded because Our team work hard, we value our work.
7. Cancelling If the client change plan or their ideas doesn’t work out -  
10. Cancelation: -

At Adwest Digital, if anyone willing to cancel any contract/project then they can send a formal request to our management email address. Cancelation and refund will accept according to our term and condition and refund policy. (We highly recommended to go through our all policies.)

11. Technology/Programming:  - 

There are lot of technologies and platforms presence in the world. At Adwest Digital, we have developers/resources to some specific back-end and front-end technology and platforms. Our client may not aware about technical detail about those technology, but we work on the best technology and platform which is our developers friendly and easy fulfil client requirement. 

If any client wants to develop their project/product on a particular specific technology, then they must have to discuss during project discussion and ask the same in contract proposal/agreement. We always chose a developer friendly and best experience technology for our client’s project/product if they’re technically not aware about it or do not involve specific technology during the contract MOU. 

12. Framework: -

There are lot of frameworks for development of application presence in the world. At Adwest Digital, we have developers/resources to some specific mobile app, web app and desktop app frameworks. Our client may not aware about technical detail about those frameworks, but we work on the best frameworks and technology which is our developers friendly and easy fulfil client requirement with best experience. If any client wants to develop their project/product on a particular specific framework, then they must have to discuss during project discussion and ask the same in contract proposal/agreement. We always chose a developer friendly and best experience framework for our client’s project/product if they’re technically not aware about it or do not involve specific framework during the contract MOU.

13. Additional Work/ Enhancement: -

At Adwest Digital all the tasks, pages, developments, integrations, functions, modules, designs or any other deliverable which is not part of “contract deliverable” or not discussed during the project discussion, comes under additional work/ enhancement. (Please read the deliverable policy on the same page).

Additional work / Enhancement will not be associates anywhere with existing contract or project. (All the commercial cost, delivery and other integrated process will not be linked/associates to existing/old contract) 

Additional work can be discussed between both parties such as a new contract or proposal. And can be initiated post completion/sign-off of previous contract.

14. Server/Hosting: - 

Server is a hardware device, through this all website and applications are accessible with internet connection.   Adwest Digital is a development company not hosting or server provider company. We host our application/program with third party vendor (Please read third party service policy) such as Godaddy, LLC & AWS and maintain/handle all the all process in between. Our client has full right to find and choose a server/host as per their satisfaction.  We choose highly powerful, fastest and secured server to keep our and our client’s application safe and faster accessible. Since we do not have or maintain physical server at our company/location, we have some limited access on it and we aren’t responsible for any damage/cyber-attack/malware etc. 

15. Hacking/Cracking: 

Website/App hacking is unquestionably on the rise. Hackers are becoming ever more sophisticated operating within a very close-knit web hacking community. Newly discovered web application intrusions are posted on a number of website hacking forums and sites known only to members of that exclusive group. Postings are updated daily and are used to propagate and facilitate further web hacking. Almost daily we read about a new hacker attack where web pages from reputable sites are infected with malicious code. These cyber-attacks turn the hacked web sites into launch sites for hacking attacks that install malware on the computers of those who visit them. Website hacking is a result from the adoption of web-based technologies for conducting e-business. Whereas web applications allow organizations to connect seamlessly with suppliers and customers, web application vulnerabilities have also exposed a multitude of previously unknown security risks that may open the door to a hacker attack. Hackers attack these vulnerable websites for a number of reasons which can go from stealing sensitive information to SEO purposes.

Hackers or any other malware can attack any individual website/application over the internet and they are keep finding new way to target their goals. Since we are a development company not cyber-security company and have some limited security to keep our product/application safe and hackers free. But in case any violence happens then we will not responsible for any lose/data lose/sensitive data lose.   

16. Project Deadline: -

We’re at Adwest Digital very specific about our project/product competition and delivery within the deadline given to our client. We provide an approximately deadline for each of our contract and same we disclose in the contract agreement/MOU/proposal before initiating the process. And we have our responsibilities to deliver the project within the given deadline. 

The project can be delayed in some certain (below mentioned) condition and we will not responsible for the same. 

1. Delayed from third party/person – Sometime we depend on certain third-party response or their resources to co-operate with us to integrate their product/services. We will not responsible for any delay occurred in this situation.     
2. Delayed form client response- Our client may be engaging with some other commitment so we will not responsible for any delay occurred in this situation.     
3. Delayed from non-working days – We deal with our client and take the contract based on two type of deadlines, those are “Within XX Day” and “Within XX Working Days”.  There are huge different between both. In the condition of “Within XX Day” all non-working days will be count under the deadline and we will be responsible to deliver the project within the deadline. In another condition of “Within XX Working Days” we deliver the project according to our working days.  If any delay occurred due to non-working days then we will not responsible. 

Non-Working days explanation - All non-working days includes – Saturday and Sunday, Company internal holiday or vacation, festivals leaves, power or connectivity issues, “Bhand” (Hindi language word, mean “Locked”) by govt or any politician/ politician party, any epidemic and natural calamity. 

1. Delayed by technical complicity – IT industry development work a bond of lot of technology, framework and R&D. Lot of companies and environments involve in it.   In some situation, our resources can be stuck to fix/solve/find solution to certain technical issues and we may need of research and development (R&D). In this situation it may take unexpected time additional time. 
17. Cyber Crime/Phishing: - 

Hackers or any other malware can attack any individual website/application over the internet and they are keep finding new way to target their goals. Since we are a development company not cyber-security company and have some limited security to keep our product/application safe and hackers free. But in case any violence happens then we will not responsible for any lose/data lose/sensitive data lose.   

18. Data/Information:  

We take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data. These include internal reviews of our data collection, storage and processing practices and security measures, including appropriate encryption and physical security measures to guard against unauthorized access to systems where we store personal data. All information gathered on our Website is securely stored within our controlled database. The database is stored on servers secured behind a firewall; access to the servers is password-protected and is strictly limited. However, as effective as our security measures are, no security system is impenetrable. We cannot guarantee the security of our database, nor can we guarantee that information you supply will not be intercepted while being transmitted to us over the Internet. And, of course, any information you include in a posting to the discussion areas is available to anyone with Internet access. However, the internet is an ever-evolving medium. 

We take contract for our client to develop their specific application/platform to store their customers, employee, buyer, seller or any other specific users and only they will be having freedom/right/access to maintain their database. In some certain situations we may not have or we may have access but not access without their respective permission or we have access and we do not provide data maintenance service and any of this/ or other situation if any violence. phishing, hacking, cracking, cyber-crime happens than we will not responsible for anything internal/data lose/corruption. We recommended our clients to keep taking latest/timely/new releases backup always and discuss with our company management person regard this.      

19. Third Party Product/Service: - 

A generic legal term for any individual who does not have a direct connection with a legal transaction but who might be affected by it. A third-party beneficiary is an individual for whose benefit a contract is created even though that person is a stranger to both the agreement and the consideration. Such an individual can usually bring suit to enforce the contract or promise made for his or her benefit. All third-party product/service involvement or transactional run independently as per their standard/regulation, we do not associate in any of their internal process.

Adwest Digital makes no warranty of any kind, whether express or implied, with regard to any products, software, content, equipment, or hardware obtained from third parties.

20. Deliverables: -

We at Adwest Digital before signing/initiating any project/product collect all proper details related to its requirement, functionalities, technology, platform or any other deliverable, and the same we include in signed contract memorandum of understanding (MOU). The mutual MOU can be a signed - formal email, hard copy, document or any other writable communication system/method. Oral communication system will not a valid source for such a contract deliverable.   

21. Project/Service Auction Policy : -

Adwest Digital appreciates its employees' efforts and is always committed to collecting payments for the same. In some cases, after completion of a project, product or any kind of service, if any customer doesn't respond or is not willing to pay outstanding payment then Adwest Digital keeps rights to sell their project/code/service to any third person without any prior notice. Furthermore Adwest Digital doesn't take any responsibility for any loss and No refund can be applicable to the customer.

22. Service Tax Policy: -

Service Tax & GST: All services provided by our company are subject to a standard Goods and Services Tax (GST) rate of 18%, chargeable in addition to the service fees.
Variable Tax Rates: Tax rates may vary for different types of services based on current government regulations. Any deviation from the standard 18% GST rate will be clearly specified and applied as per applicable laws.
GST Exemptions: Certain services may be eligible for GST exemptions, subject to government guidelines. These exemptions will be applied automatically where applicable, and the final invoice will reflect any such adjustments.
Regulatory Compliance: Our tax policies comply with all relevant tax laws and regulations. We reserve the right to update our tax terms based on changes in tax rules or government policies.
Invoice & Payment: All applicable taxes will be reflected in the invoice. Clients are required to remit payment, including any additional taxes, by the due date indicated in the invoice.

23. Product/Service Renewal: -

You agree to pay for the Services on time and in advance for the billing cycle Services are provided for. Invoices are generated 7 days before the renew date of the Services. Adwest Digital provides 7 days grace period after the renew date. If the invoice is not paid within the 7 days grace period Adwest Digital will temporarily suspend services until the invoice is paid in full. Adwest Digital will terminate Services not paid in full 15 days after the Services have been suspended.

24. Communication with us: -

Adwest Digital communicates with their clients politely and with respect. The same is expected from our clients. If a customer is rude and insults anyone from our staff members then we will warn the customer to be polite and communicate with us properly. If he does it again after he has been warned, all his services will get disabled will be punishable a high amount of penalty. 

25. Copyright: - 

Adwest Digital provide full copyright to our products and services. All logos, content, trademarks and copyrights are the property of their respective owners.

26. Website Term & Condition: 

All logos, brands, marks headings, labels, names, signatures, numerals, shapes or any combinations thereof, appearing in this site, except as otherwise noted, are properties either owned, or used under licence, by the business and / or its associate entities who feature on this Website. The use of these properties or any other content on this site, except as provided in these terms and conditions or in the site content, is strictly prohibited. You may not sell or modify the content of this Website or reproduce, display, publicly perform, distribute, or otherwise use the materials in any way for any public or commercial purpose without the respective organisation’s or entity’s written permission. 

ACCEPTABLE WEBSITE USE 

(A) Security Rules Visitors are prohibited from violating or attempting to violate the security of the Web site, including, without limitation, 

(26.A.1) accessing data not intended for such user or logging into a server or account which the user is not authorised to access, 

(26.A.2) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation, 

(26.A.3) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus or "Trojan horse" to the Website, overloading, "flooding", "mail bombing" or "crashing", or 

(26.A.4) sending unsolicited electronic mail, including promotions and/or advertising of products or services. Violations of system or network security may result in civil or criminal liability. The business and / or its associate entities will have the right to investigate occurrences that they suspect as involving such violations and will have the right to involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. 

(B) General Rules Visitors may not use the Web Site in order to transmit, distribute, store or destroy material (a) that could constitute or encourage conduct that would be considered a criminal offence or violate any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy or publicity of other personal rights of others, or (c) that is libellous, defamatory, pornographic, profane, obscene, threatening, abusive or hateful. INDEMNITY The User unilaterally agree to indemnify and hold harmless, without objection, the Company, its officers, directors, employees and agents from and against any claims, actions and/or demands and/or liabilities and/or losses and/or damages whatsoever arising from or resulting from their use of www.adwestdigital.com or their breach of the terms . LIABILITY User agrees that neither Company nor its group companies, directors, officers or employee shall be liable for any direct or/and indirect or/and incidental or/and special or/and consequential or/and exemplary damages, resulting from the use or/and the inability to use the service or/and for cost of procurement of substitute goods or/and services or resulting from any goods or/and data or/and information or/and services purchased or/and obtained or/and messages received or/and transactions entered into through or/and from the service or/and resulting from unauthorized access to or/and alteration of user's transmissions or/and data or/and arising from any other matter relating to the service, including but not limited to, damages for loss of profits or/and use or/and data or other intangible, even if Company has been advised of the possibility of such damages. User further agrees that Company shall not be liable for any damages arising from interruption, suspension or termination of service, including but not limited to direct/and indirect or/and incidental or/and special consequential or/and exemplary damages, whether such interruption or/and suspension or/and termination was justified or not, negligent or intentional, inadvertent or advertent. User agrees that Company shall not be responsible or liable to user, or anyone, for the statements or conduct of any third party of the service. In sum, in no event shall Company's total liability to the User for all damages or/and losses or/and causes of action exceed the amount paid by the User to Company, if any, that is related to the cause of action. DISCLAIMER OF CONSEQUENTIAL DAMAGES In no event shall Company or any parties, organizations or entities associated with the corporate brand name us or otherwise, mentioned at this Website be liable for any damages whatsoever (including, without limitations, incidental and consequential damages, lost profits, or damage to computer hardware or loss of data information or business interruption) resulting from the use or inability to use the Website and the Website material, whether based on warranty, contract, tort, or any other legal theory, and whether or not, such organization or entities were advised of the possibility of such damages.

27. Changes to any policy:  

Adwest Digital reserves the right to make changes to the terms of services. Of course, our use of any information we gather will always be consistent with the policy under which the information was collected, regardless of what the new policy may be. Grievance Redressal Mechanism: Any complaints, abuse or concerns with regards to content and or comment or breach of these terms shall be immediately informed to the designated Grievance Officer as mentioned below via in writing or through email signed with the electronic signature to Adwest Digital Pvt Ltd