Sartia Global® Terms of Service
Project Terms
- All estimates/quotations are based on our understanding of your requirements and as per the given timeframe. 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.
- By accepting a quote, you agree to and accept the terms and conditions of Sartia Global Private Limited. Acceptance can be verbal, via email, payment of initiation or by signing a quote.
- Clients are expected to thoroughly go through the estimates/quotations that they receive to ensure that we have included all the requirements and that we fully understand the aforementioned 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 requirement and quote accordingly. At a later stage, if discrepancy arises, it may lead to additional costs to accommodate the changes. Thus, it is essential that you clarify every aspect of your project development and ensure that you are quoted on the right requirements.
- Any complexity related to specific tasks, must be advised in advance and included in the proposal for costing purposes. We operate in good faith and rely on our clients to disclose the full picture at the time of quotation. Any discrepancy arising due to unclear requirements will not be borne by Sartia Global.
- There are limited man-hours allocated to each task including Project Management. Minor changes may be included within the allocated hours. This will be analyzed on a case-by-case basis.
- Sartia Global will make every effort to complete the project in the given timeframe. Reasonable delays are accepted if functionalities are redefined or modified.
- Any delays at the client's end may delay the project and proposed timeframe and may incur additional costs.
- Any bugs reported during or just after the development does not attract additional charges.
- Any re-work on an already completed task will attract additional charges. Any changes in the design after the design approval will incur additional charges.
- 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. Under no circumstances will Sartia Global be liable for any delays caused by change in the project brief.
- Website/Application content and all related materials need to be provided to us within the first two weeks of starting the project. Any delays thereafter may delay the project and may incur additional charges if it goes beyond the reasonable timeframe.
- Our Websites/Applications are generally tested on PCs and include near recent versions of the following browsers: IE, Firefox, Chrome & Safari. If you require testing to be done on any other browser, please let us know in advance.
- Responsive/multi-device compatible web pages are tested on iPhone & iPads. If you require testing on any other device, please discuss it in advance.
- If your Website/Application is not hosted on Sartia's Server, any additional man-hours that may be required due to any server or network related issues are not covered in our quotes and may be charged separately.
- Please note that at any stage during the project, stalling the project for over 2 calendar months will incur ₹7,000/week administration costs. Furthermore, it may increase the previously approved estimates. If you require the project to be put on hold, please advise us in writing in advance. To put the project on hold without incurring additional charges, we will need the account to be up to date based on the work done. Further details can be discussed if such a situation arises.
- Sartia Global software codes (not including open source software) are copyright of Sartia Global. The codes can be handed over at an additional cost for use once all previous invoices are settled, on condition that the codes are used only for use or modification for re-use for further development for the specified client or subsequent owners of that legal entity. Under no circumstances, the codes will be allowed to be used for re-selling or duplication purposes.
- TheWingshield CMS, CRM, ERP, HOMS, SCHOOL ERP, OR IMS-POS is a proprietary of Sartia Global. Sartia Global owns copyright of all codes written for any client, unless arrangements are made prior to start of the project. Sartia Global warrants a license to use any custom built software for the client, for their use only. This license is granted while paying for the hosting. TheWingshield CMS, CRM, ERP, HOMS, SCHOOL ERP, OR IMS-POS cannot be transferred to any external host; this includes any access to the software codes.
- The website or software application will be designed to be deployed on the web, via using commercial grade web-server or similar setup. Based on your website traffic, the website may not perform if deployed on a generic office network environment.
- Depending upon the functionalities required there may be 3rd party components such as third party gateways or SSL certificates involved in building a website/application. Although Sartia Global does its best in recognizing the suitability of any such component, any unforeseen limitations of 3rd party components are beyond our control. Any third-party component purchase costs (such as SSL, Payment Gateway, Google Adwords, Plug-in licenses, etc.) are not included in our quotes.
- Sartia Global takes no responsibility of any open source products such as WordPress, OpenSource Carts, Joomla, etc. It is client's responsibility to update all components and third party softwares. We suggest you take regular backups to avoid any disruptions.
- The client must recognize that at times there may be unforeseen circumstances that will delay the development process, particularly with reference to the integration of third party software. We will try our best to complete the project as agreed in the proposal. As long as it is within a reasonable period, the client agrees not to penalize us for any genuine delay, when every effort to keep the project on the proposed schedule is taken.
- Domain registration/renewal etc. charges are not included as a part of any project/proposal unless mentioned otherwise. If required, a quote for which will be submitted separately and approved by the client.
- Hosting charges are not included in the quotations unless mentioned otherwise. Sartia Global can organize an appropriate hosting solution if required, a quote for which will be submitted separately and approved by the client. Where clients decide to organize their own hosting, we should be consulted before finalizing the type of hosting and database, as it should meet the requirements of the technology used for the development. Please note that we'll require full access with hosting support for testing and deploying the application. Sartia Global will not be liable for any delays or errors caused by direct/indirect actions of the hosting company.
- Sartia Global generally builds and tests the website/applications on our own servers or hosted domains. Sartia Global cannot give access to their test servers and test websites to the clients or any third party. The website/application can be transferred-off to a nominated 3rd party server upon full payment of all invoices and dues.
- Notwithstanding any other provisions in the agreement, in consideration of the customer entering into this agreement with Sartia Global, upon full payment of any outstanding invoices, Sartia Global will grant an unconditional license to the Customer to reproduce, publish, communicate, use, exploit, vary or otherwise deal with:Used in the published website and associated of form and functionality. This will not include the intellectual property relating to the production of the website including the digital strategies, programming codes, database structures, scripts, forms or functionalities.
- All communications/correspondences are generally done via email. It is client's responsibility to keep us updated with their relevant email addresses.
Annual Maintenance Terms
Basic Annual Maintenance Package Terms
- All maintenance packages are for a minimum of 12 months period.
- Maintenance packages are billed annually; however, can be paid either monthly via direct debit on the 1st of every month or at one time.
- Packages may include 12 months basic website hosting, email hosting and DNS hosting.
- Packages are designed to serve website/application maintenance tasks only. The hours may not be used for projects such as full redesign or major functionality add-ons.
- Support requests need to be sent via email to support@sartiaglobal.com
- Any urgent tasks will be charged separately
- Unless requested otherwise, the packages are auto renewed every year on its anniversary date.
Payment Terms
- Payments can be done via debit/credit card, UPI, check or bank transfer
- Monthly maintenance package fee will be charged on the 1st of every month
- Payment cannot be done later than by 4th of every month
- An administrative fee of ₹1,200 will be charged to the client for any late payments or declined card charges or if check bounces.
- More than three missed payment in a year may attract termination of the package and the client will need to pay immediately the entire remaining amount on the package.
- There are no refunds for any fees related to the monthly maintenance package.
Termination
- In case the client needs to cancel the auto renewal, please inform us in writing via email at least 1 month prior to the renewal date
- Ongoing term: For any reason if the client decides to terminate an on-going maintenance package, they will need to pay the balance amount of the remaining months.
- Sartia Global reserves the right to terminate annual maintenance at any time with written notice to the client.
Refund Terms
- Sartia Global reserves the right to negotiate and refund appropriate portion of the amount paid by the client towards the requested service.
- If you cancel the order after making the payment, but the work has not commenced, we will refund 85% of the payment that you have already made.
- If the order is cancelled after the commencement of the work, the maximum refund or charge will be 50% of the invoice.
- There will be no refund or adjustments if cancellation is called when more than 50% of the work has been completed.
- All cancellations must be received in writing and can be sent via regular mail or email. Telephone requests on cancellation will not be accepted.
- For minor or once-off works, payments need to be made either in advance or as per the payment terms mentioned in the invoice/proposal. If you require any changes to the terms, you must inform us in writing via email within two working days of the receipt of the same.
Late fees and Charges
- All outstanding invoices will incur a late payment fee of 10% of the pending amount and an administration fee of ₹350 per month, from the due date.
Due Date
- It is the date on which the payment is due as per the terms on the invoice/proposal
Outstanding Invoice
- An invoice is deemed to be outstanding if the payment is still due after 14 days of expiry of the due date
Debt Collection
- Client is provided a further 7 days after late payment fee is applied to pay the invoice. Failure to pay will result in the outstanding amount referred to a debt collector. Sartia Global will not be liable for any costs or charges associated with the recovery of the outstanding amount. Any charges associated with the recovery of the outstanding amount (debt collector fee, administration charges, legal fees) will be referred to the client for processing
- If you are late with a payment or have any queries regarding the invoice, please contact Accounts Manager immediately on receiving the invoice or reminder emails.
- Any payment relating to the domain name registration, renewal or hosting or any 3rd party products or service purchased on behalf of the client will have to be paid in full and is non-refundable. In case of all renewal cancellations, we must be notified at least 30 days before the renewal date.
Disputes, Liability and Indemnity
In an event of dispute, Sartia Global reserves the right to charge the client in full for the work done as well as for the resources spent in managing the dispute. In such an event, Sartia Global reserves the right to charge the client without honoring any discounts that were previously honored in good faith. Under no circumstances will Sartia Global be liable for any damages arising from misrepresentation or misinformation.
Sartia Global reserves the right to refuse service to any client, if these are not aligned with our business operating principles or policies.
Sartia Global provides its services as is, without any guarantees on security or other issues leading to loss of data, sale or reputation. We ensure to the best of our ability that our systems and servers are protected from hackers, viruses or intruders and other online and offline problems; however, we will not be held liable for any disruptions of services if such situation arises.
Relationship of Sartia Global with its suppliers, partners and sub-contractors is of an independent nature. None of the parties have any power, right or authority to interfere or bind the other or assume or create any obligation or responsibility, whether expressed or implied, on behalf of the other or in other's name.
Client will indemnify and hold Sartia Global, its licensors, content providers, service providers, employees, agents, officers, directors, contractors and sub-contractors (The “Indemnified Parties”) harmless from your breach of any of these Terms And Conditions or any other terms, conditions, policies or procedures herein, including, without limitation, any use of content other than as expressly authorized in these Terms And Conditions. Client agrees that the indemnified parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify and hold harmless the Indemnified Parties from any and all resulting loss, damages, judgments, awards, costs, expenses and attorney's fees in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information obtained from Sartia Global.
Sartia Global will not be liable for any breach of agreement which is caused by a matter beyond its reasonable control including but not limited to Act of God, fire, lightning, explosion, war, disorder, flood, earthquake, industrial disputes (whether or not involving their employees), extremely severe weather, or acts of local or central government or other competent authorities.
Intellectual Property
All content of this website is a property of Sartia Global unless otherwise specified. Sartia Global reserves the right to change the content or policies without any prior notice.
The project related copyright can be transferred to the client at an additional cost, after the full payment of the project and upon signing the Certificate of Acceptance. Sartia Global reserves the right to refuse the transfer of ownership if irregular circumstances arise.
Copyrights handed over to the client do not include rights to re-use the code for another website or re-sell the programming codes for any commercial or non-commercial purposes. In the case of business restructuring or ownership change, ownership of the website may be transferred from one owner to another. New owners are not allowed to re-sell or re-use for any commercial or non-commercial purpose. TheWingshield CMS, CRM, ERP, HOMS, SCHOOL ERP, OR IMS-POS is a propriety CMS, CRM, ERP, HOMS, SCHOOL ERP, OR IMS-POS of Sartia Global and cannot be transferred to any external Host.
In an event of a webmaster change, site owners are not allowed to display the credits to the new website, unless such time that the website functionality and appearance is changed by over 50% of our original work.
“Sartia Global” & “TheWingshield” is a trademark of Sartia Global Private Limited of India, along with the symbol which consists of a shield with wings and a warrior helmet. Clients, Partners, Suppliers, Sub-Contractors and any other 3rd Party organization or individual are not allowed to use Sartia Global trademarks including the name, logo and symbol in any way shape or form without a written permission from us.