The following terms and conditions apply to all Website Development / Design Services/ Digital Marketing Services provided by Batcode to the Client.
Agreement means the Project Proposal, Terms and Conditions and any other attached documents.
Project means the scope and purpose of the Client’s identified usage of the work product as described in the Project Proposal.
Services mean all services and the work product to be provided to Client by Designer as described and otherwise further defined in the Project Proposal.
Deliverables mean the services and work product specified in the Project Proposal to be delivered by Designer to Client.
Final Deliverables means the final versions of Deliverables provided by Designer and accepted by Client.
Client Content means all materials, writing, images or other creative content provided by Client used in preparing or creating the Deliverables.
Third Party Materials mean proprietary third party materials which are incorporated into the Final Deliverables, including without limitation stock photography or illustration.
Designer/Developer Tools means all design tools developed and/or used by Designer/Developer in performing the Services, including pre-existing and newly developed software including source code, Web authoring tools, type fonts, and application tools, together with any other software, or other inventions whether or not patentable, and general non-copyrightable concepts such as website design, architecture, layout, navigational and functional elements.
It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote then the Client will be considered to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.
Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.
2. Payment Terms
Charges for services to be provided by Batcode are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 3 days. Batcode reserves the right to alter or decline to provide a quotation after the termination of allotted days.
Invoices will be provided by Batcode via email after the signing of the initial agreement and/or upon completion of the project or before publishing the live website.
Batcode accepts the payment from the client in four stages depending on the project size- At the beginning of the project, In the Midway, After the completion of the project or After the submission of the invoice.
If any additional task is added to the initial project scope, they’d be treated as additional deliverables.
Batcode will refund the entire amount (excluding processing fees) if we’re unable to deliver the project as per the initial agreement.
Any change in term or refund policy won’t be entertained once the refund development has been completed as per the scope. Or being cancelled by client after the development being initiated.
Kindly note that our quote will be valid for 3 working days; it’s applicable for any change further. All payments can be made through further. our PayPal id – email@example.com.
If the clients of Batcode have consent with all the Terms and Conditions including the Payment Procedure and agreed to work, they will be given access to the Confidential Payment Terms. They can request for the access at firstname.lastname@example.org.
The client needs to reimburse Batcode for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography etc. Batcode will notify them about every additional expense before the project submission. The details will also be given in the invoices.
3. Client Review
Batcode will provide the Client with an opportunity to review the appearance and content of the website during the design phase and once the overall website development is completed. At the completion of the project, such materials will be considered to be accepted and approved unless the Client notifies Batcode otherwise within thirty (30) days of the date after the final delivery of the commitments.
4. Turnaround Time and Content Control
Batcode will install and publicly post or supply the Client’s website by the date specified in the project proposal, or at the date agreed with the client after receiving initial payment, unless a delay is specifically requested by the client and agreed by Batcode.
In return, the client agrees to delegate a single individual as a primary contact to aid the communication with Batcode while working on the project in a satisfactory and expedient manner.
During or before the work on the project, Batcode will ask the website content: text, images, movies and sound files and every other required detail from the client.
5. Failure to provide required website content and required feedback:
Batcode adheres to the transparency and to remain efficient we must ensure that work we have programmed is carried out at the scheduled time. On occasions we may have to reject offers for other work and inquiries to ensure that your work is completed at the time arranged.
This is why we ask that you provide all the required information in advance. On any occasion where progress cannot be made with your website because we have not been given the required information in the agreed time frame, and we are delayed as result, we reserve the right to impose a surcharge of up to 25%.
The clients should be aware of the fact that any additional requirements from their part will delay the project completion and submission from Batcode. The clients are hereby requested to document their requirements while they agree to work with Batcode. In case, the clients desire for additional modification or want to introduce new features from the development or designing aspects, they have to complete the request during the work on the project and must be before the submission of the project. Any such request will be treated as additional scopes and will be treated as a new project.
Batcode will share every detail of the project development in a pre-decided schedule. The delay in providing needful feedback from the client’s part will also delay the project progress and final delivery.
Batcode will terminate the client’s project if their needful feedback does not come within one week of requested time and will discuss with the client before resuming the project.
If the client agrees to provide the required information and subsequently fail to do within one week of project commencement, Batcode reserve the right to close the project and the balance remaining becomes payable immediately. To say in a nutshell, all the above condition says- Do not give us the go ahead to start until you are ready to do so.
NOTE: Text content should be delivered as a Microsoft Word, email, HTML (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website. These pages should have the same titles as the agreed website pages. Contact us if you need clarification on this.
8. Web Browsers
Batcode makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the latest version of the most popular current browsers(e.g. Firefox, Internet Explorer, Google Chrome, etc.). Client agrees that after 30 days of completion of work, Batcode cannot guarantee correct functionality with all browser software across different operating systems. If you have any specific requirements of Cross browser compatibility and responsiveness of the website, include it in your project requirements.
Batcode cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website have been designed and handed over to the Client. As such, Batcode 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.
Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on Batcode’s Web space, Batcode will, at its discretion, remove all such material from its web space.
Batcode is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account. Cheques returned for insufficient funds will be assessed a return charge of 30 USD and the Client’s account will immediately be considered to be in default until full payment is received. Clients with accounts in default agree to pay Batcode reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Batcode in enforcing these Terms and Conditions.
Termination of services by the Client must be requested in an email or written form and will be effective on receipt of such notice. Telephone or any other modes of requests for termination of services will not be honored until and unless confirmed in email or written form. The Client will be invoiced for design/development work/ deliverables completed to the date of first notice of cancellation for payment in full within thirty (30) days.
All Batcode services may be used for lawful purposes only. You agree to indemnify and hold Batcode harmless from any claims resulting from your use of our service that damages you or any other party.
The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Batcode the rights to publish and use such material for client’s purpose only. 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 Batcode permission and rights for use of the same and agrees to indemnify and hold harmless Batcode from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the Client to Batcode that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
13. Standard Media Delivery
Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format (ASCII text files delivered on floppy disk or via e-mail or FTP) and that all photographs and other graphics will be provided physically in high-quality print suitable for scanning or electronically in .gif, .jpeg, .png or .tiff format. Although every reasonable attempt shall be made by Batcode to return to the Client any images or printed material provided for use in creation of the Client’s website, such return cannot be guaranteed.
14. Design Credit
A link to Batcode will appear in either small type or by a small graphic at the bottom of the Client’s website. If a graphic is used, it will be designed to fit in with the overall site design. The Client also agrees that the website developed for the Client may be presented in Batcode’ portfolio. The removal of the design/development credit is needed to be made at the beginning of the project.
15. Access Requirements
If the Client’s website is to be installed on a third-party server, Batcode must be granted temporary read/write access to the Client’s storage directories which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.
16. Post-Placement Alterations
Batcode cannot accept responsibility for any alterations caused by a third party occurring to the Client’s pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.
17. Domain Name:-
Batcode may purchase domain names on behalf of the Client and will be responsible to sharing the required details with an immediate measure. If the information is not being shared, please inform us. Payment and renewal of those domain names are the responsibility of the Client. The loss, cancellation or otherwise of the domain brought about by no or late payment is not the responsibility of Batcode. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.
These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s signature below or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.
19. Governing Law
This Agreement shall be governed by the Indian Constitution. If the client considers to taking any legal action against Batcode, it shall be taken under the Calcutta High Court jurisdiction.
Batcode hereby excludes itself, its Employees and or Agents from all and any liability after 30 days of project completion. We at Batcode do not store any confidential data of the clients after the project submission.
- Loss or damage caused by any inaccuracy;
- Loss or damage caused by omission;
- Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the website;
- Loss or damage to clients’ artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.
The entire liability of Batcode to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.
In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement 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.