By accessing this website of Lwagaka Business Consultant and confirming order with us, you acknowledge your acceptance of all the below mentioned Lwagaka Business Consultant Terms and Conditions:

QUOTATIONS AND ESTIMATES

·    All quotations and estimates provided by Lwagaka Business Consultant are valid for a period of 30 days from date of issue. Quotations not accepted within this time frame must br re-issued.

·    All quotations are required to be accepted using the supplied Quotation Acceptance Form and returned to Lwagaka Business Consultant within the 30 day period from date of issuance.

·    All quoted prices, excluding where indicated, do not include Goods and Services Tax.

·  Estimates may be provided by Lwagaka Business Consultant to offer the client a guide on the projected costing of a project prior to any discovery or research for said project. All estimates will be clearly marked as such and are not an indication of the exact final cost to develop the application.

·   All estimates will need to be formalized to a quotation or invoice before acceptance by either party as the final cost of the application.

·   Lwagaka Business Consultant reserves the right to suspend the services/quotation at any time, without any prior information.

PAYMENT TERMS

·        All quotations provided by Lwagaka Business Consultant, require a 50% deposit upon acceptance.

·     Unless prior arrangement has been made, final payment is strictly net 10 days from the date of completion.

·     Any cost arising from payment clearings or transaction charges are solely the responsibility of the client and will be charged as such.

·     Lwagaka Business Consultant will only commence work on the quoted application once any deposited funds have cleared.

·    The customer will not be entitled for any service in case of delay in payment for more than 10 days from the final date of installation / date of project / module completion.

·    If opted for service beyond the 12 months of maintenance period or as agreed by Lwagaka Business Consultant, The Annual Maintenance Charges (AMC) will be normally applicable 20% (PERCENT) of original development cost of Project / Module; each year the development cost for new modules will be added to the initial development cost for the calculation of the AMC.

·   The AMC percentage shall be decided by the Lwagaka Business Consultant; which depends upon the amount of efforts and work required. This % may vary each year.

·    The recurring / renewal amount of the domain and hosting are subjected to change as per the market rates.

·   Lwagaka Business Consultant disclaims all warranties or conditions, whether expressed or implied, (including without limitation implied, warranties or conditions of information and context). We consider ourselves and intend to be subject to the jurisdiction only of the courts of Assam, Kamrup(M), India.

RESIDENCY REQUIREMENTS

·      Minimum requirements for where the completed application will reside, will be provided on all Lwagaka Business Consultant quotations

·     The quoted cost on a Lwagaka Business Consultant quotation is only valid if the minimum residency requirements are met or exceeded for said quotation.

·    Lwagaka Business Consultant can provide, as an additional service, a package that will meet the stated requirements. The package offered will provide the most streamlined and cost-effective installation of the quoted application.

·    If a Lwagaka Business Consultant package is not used to host the completed application, Lwagaka Business Consultant will not be liable for any additional time or resources, above and beyond that already included in the quotation, required to get the completed application installed where the client has asked it to reside.

·    Lwagaka Business Consultant will bill any additional time and or resources, above and beyond that already included in the quotation, required to get the completed application installed on the clients host at Rs.500 per hour. The minimum cost for this will be 4 hours at the above mentioned rate.

INTELLECTUAL PROPERTY

·    Unless specified all quotations provided by Lwagaka Business Consultant, do not include any source code license.

·     All source code and associated intellectual property relating to said source code, developed by Lwagaka Business Consultant, solely remains the property of Lwagaka Business Consultant, except where specific code license has been issued to the client and said issuance has been indicated in writing from Lwagaka Business Consultant.

·    Lwagaka Business Consultant reserve the right to implement licensing features within the quoted application, except where code license has been issued by Lwagaka Business Consultant.

·    Any alteration, reverse engineering, or manipulation of any kind on the code, compiled or otherwise, created by Lwagaka Business Consultant for the quoted application may be a breach of trademark and copyright laws. If said breach is confirmed, penalties will apply under the relevant acts.

·    Any costs incurred by Lwagaka Business Consultant for third party code license required to complete the quoted application are the responsibility of the client and will be solely borne by the client. Any such third party code license will be attached to the existing Lwagaka Business Consultant code license for the quoted application.

CANCELLATIONS

·    Should the client wish to cancel acceptance of the quotation, Lwagaka Business Consultant will invoice the client for any work completed to date, as a percentage of the total work involved.

·     The minimum cancellation fee will be 30% of the signed quotation.

·     Cancellation of service renewals for on-going website promotion, website hosting or domain registration services must be made at least seven 7 business days prior to the end of the current service period. Requests received later than seven 7 business days prior to the end of the current service period will be treated as cancellation of services for the next service period.

Our Refund Policy

At Lwagaka Business Consultant, our Refund Policy is based on standardized practices that strictly follow industrial norms. We put up with fair assessment practices and all the refund claims are processed with vigilant parameters to make sure the decisions are justified and mutually agreeable. Our policies are treated with appropriate measures to settle different claims, originating from different assortments of needs and various business situations.

Coverage & Scope

This Refund Policy covers Lwagaka Business Consultant action and approach towards refunds. This Refund Policy does not apply to the practices of companies that Lwagaka Business Consultant does not own or control or of persons that Lwagaka Business Consultant does not employ or manage, including any third-party service and/or product providers bound by contract and any third-party websites to which Lwagaka Business Consultant websites link.

When Do You Qualify For Refunds?

When you file a complaint to Lwagaka Business Consultant, we first try to provide an ideal solution to the issue you are facing. Your case is first introduced to the technical team and then reported further to the experts panel. Refund is only made in the extreme circumstances when nothing good can be done to solve the issue.

While planning for refunds we check for soundness and validity of the case, applying different conditions to it. If these conditions are satisfied, the refund may apply*

o   Development/Post-sales operations have not yet started.

o   The issues with the project are beyond the scope of rectification/resolution/fixing.

o   You have not used any information for monetary/business benefits (gained during the course of association).

o   The reasons you made are valid/rational/realistic enough to qualify for a refund trial.

o   The claim does not arise from any billing dispute coming from your bank or payment vendor.

 

*Important Note: If any of the points mentioned above is found violated, your claim will be considered void. The decision on refunds is final and irrevocable.

Transaction

o   The refund may take 7-10 business days to process, after the refund agreement is signed

o   You will be refunded in the currency you were charged in. If this is not your native currency, your bank may charge exchange fees or a change in the exchange rate may have resulted in a difference in the amount refunded compared to the amount you originally paid (in your native currency). It is solely your responsibility if you have to pay any fees or bear any losses in this process.

Changes

Lwagaka Business Consultant may at any time, without notice to you and in its sole discretion, amend this policy periodically. You are expected to check the policy from time to time for updates. For more information on our Refund Policy, contact us at [email protected].

CONTENT

·      Clients are required to ensure that the content of the application being quoted adheres to all the current Indian legislation regarding publication.

·    The client shall further indemnify Lwagaka Business Consultant in respect of any claims, costs and expenses that may arise from any material included within the quoted application by Lwagaka Business Consultant at the clients request.

·    Lwagaka Business Consultant reserves the right not to include any material supplied by the client within the quoted application if Lwagaka Business Consultant deems said material inappropriate of offensive.

·     Lwagaka Business Consultant will not populate the application with the final content unless said content is delivered to Lwagaka Business Consultant in digital format prior to commencement of work. Said content, if available, will be used for testing purposes and may not be formatted how the client requires it. If content is not available mock placeholder content will be used.

·    It is the clients responsibility, in all cases, to ensure the applications content is displayed and formatted as they require. If the client cannot format the applications content, Lwagaka Business Consultant will offer this service at Lwagaka Business Consultant current hourly rate at the time of the request.

PERMISSIONS AND COPYRIGHTS

·    The client will obtain all necessary permissions and authorities with respect to the use of all copy, graphics, logos, names and trademarks and any other material supplied by the client to Lwagaka Business Consultant.

·   Supply of said material by the client to Lwagaka Business Consultant shall be regarded as a guarantee from the client that all such permissions and authorities have been sought and obtained for said material.

·        No responsibility will be accepted by Lwagaka Business Consultant for damages or losses incurred by the client from the use of material for which permission or authority has not been obtained.

ERRORS AND LIABILITIES

·        Lwagaka Business Consultant will pursue due care to ensure applications create by Lwagaka Business Consultant are free of errors.

·        Lwagaka Business Consultant will correct any errors made by Lwagaka Business Consultant staff in the undertaking of the quoted application.

·        Lwagaka Business Consultant does not accept responsibility for losses or damage arising from errors within any application.

·     Lwagaka Business Consultant does not accept responsibility for errors, damages, losses or additional costs that relate to third party products that       Lwagaka Business Consultant may require completing the quoted application.

ALTERNATIONS

·     Any alterations requested by the client after development has begun will incur extra development and regression testing time. Dependent upon the alteration or change requested an average of 3 days extra development time per alteration should be allowed for. The 3 day average may not be indicative of the time required and can be extended commensurate of the time involved to implement said changes.

·     Lwagaka Business Consultant will not accept responsibility for any alterations performed by the client or any third party which may cause or induce errors within the quoted application.

·    If Lwagaka Business Consultant are required to correct said alterations or errors resulting from said alterations, induced, injected or otherwise caused by parties other than Lwagaka Business Consultant, the client will be charged at the hourly rate that is current for Lwagaka Business Consultant at the time said errors are to be fixed.

COMPLETION OF WORK

·    All time frames offered by Lwagaka Business Consultant to the client are estimates. The intrinsic nature of software development and its intricacies do not offer Lwagaka Business Consultant the luxury of defining definite time frames.

·    Lwagaka Business Consultant will endeavour to complete all work within the estimated time frames discussed with the client in the quotation. However, Lwagaka Business Consultant will not be liable for any penalties, monies or hardships otherwise incurred by the client if the application cannot be delivered within the estimated timeframe.

·   Lwagaka Business Consultant will not release the quoted application unless all payments have been met under the obligations of the quotation or work agreement.

·   If Lwagaka Business Consultant does not have control over the residence (see Residency Requirements) where the finished work will reside then full payment must be made prior to said work being released by Lwagaka Business Consultant.

·    The quoted application remains the property of Lwagaka Business Consultant Software until all obligations have been met for release of said application to the client.

·    If Lwagaka Business Consultant is working as a third party to another company, said company is responsible in meeting the obligations for release of the quote application to their client.

CHANGES TO SITE AND THESE TERMS AND CONDITIONS

This Site and these Lwagaka Business Consultant Terms and Conditions may be amended, revised, changed, updated or modified by Lwagaka Business Consultant with or without notice. Please review this link on a regular basis for changes. Continued use of this Site following any change to the Lwagaka Business Consultant Terms and Conditions constitutes your acceptance of any such change to the Lwagaka Business Consultant Terms and Conditions.