Terms Conditions
Interpretation:
By accessing this website of Smart App Studio and confirming order with us, you acknowledge your acceptance of all the below-mentioned Smart App Studio Terms and Conditions.
Definitions:
“Company” (referred to as either “the company”, “we”, “us“ or “our” in this Agreement) refers to Smart App Studio.
“Clients” (referred to as either “our clients”, “you”, or “your” in this Agreement) refer to our clients and associates.
Project Terms:
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.
By accepting a quote, you agree to and accept the terms and conditions of Smart App Studio. Acceptance can be verbal, by email, payment of initiation, signing a quote.
Clients have to ensure that we have included all requirements in the quotes/proposals/estimates. 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 and ensure that you have been 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 Smart App Studio.
Smart App Studio will make every effort to complete the project/changes in the given timeframe. Reasonable delays are accepted if functionalities are redefined or modified.
Any delays at client’s end may delay the project and proposed timeframes 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 Smart App Studio 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 reasonable timeframe.
If your website/application is not hosted on Smart App Studio 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.
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.
Smart App Studio software codes (not including open source software) are copyrights of Smart App Studio. The codes can be handed over at an additional cost for use once all previous invoices are settled, on the 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 circumstance, the codes will be allowed to be used for re-selling or duplication purposes.
Smart App Studio 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. This 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 a commercial grade web-server or a 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 Payment Gateways or SSL certificates involved in building a website/application. Although Smart App Studio does its best in recognising 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.
Smart App Studio takes no responsibility of any open source products. It is client’s responsibility to update all components and third party softwares. We suggest you to take regular back-ups 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.
Smart App Studio generally builds and tests the websites/applications on our own servers or hosted domains. Smart App Studio 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 provision in the agreement, in consideration of the customer entering into this agreement with Smart App Studio, upon full payment of any outstanding invoices, Smart App Studio will grant an unconditional license to the customer to reproduce, publish, communicate, use, exploit, vary, or otherwise deal with the graphics, texts and images used in the published website and associated 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 emails. It is client’s responsibility to keep us updated with their relevant email addresses.
Quotations And Estimates:
All quotations and estimates provided by Smart App Studio are valid for a period of 30 days from date of issue. Quotations not accepted within this time frame must be re-issued.
All quotations are required to be accepted using the supplied Quotation Acceptance Form and returned to Smart App Studio 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 Smart App Studio to offer the client a guide on the projected costing of a project prior to any discovery or research for the particular 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 formalised to a quotation or invoice before acceptance by either party as the final cost of the application.
Smart App Studio reserves the right toterminate the services/quotation at any time, without any prior information.
Intellectual Propery:
Unless specified, all quotations provided by Smart App Studio do not include any source code license.
Any alteration, reverse engineering, or manipulation of any kind on the code, compiled or otherwise, created by Smart App Studio 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.
Payment Terms:
All quotations provided by Smart App Studio require a 50% depositupon 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.
Smart App Studio 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 Smart App Studio, The Annual Maintenance Charges (AMC) will be normally applicable, which is 20% of the original development cost of project/module. Also, 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 Smart App Studio, which depends on the amount of efforts and work required. This percentage may vary each year.
The recurring/renewal amount is subjected to change as per the market rates.
Smart App Studio disclaims all warranties or conditions, whether expressed or implied, (including without limitation implied, warranties or conditions of information and context).
Cancellations:
Should the client wish to cancel acceptance of the quotation, Smart App Studio 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 product supportmust be made at least 7 business days prior to the end of the current service period. Requests received later than the aforementioned days will be treated as cancellation of services for the next service period.
Our Refund Policy:
At Smart App Studio, 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. This Refund Policy does not apply to the practices of companies that Smart App Studio does not own or control or of persons that Smart App Studio does not employ or manage, including any third-party service and/or product providers bound by contract and any third-party websites to which Smart App Studio’ websites link.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, Development/post-sales operations have not yet started.
The issues with the project are beyond the scope of rectification/resolution/fixing.
You have not used any information for monetary/business benefits (gained during the course of association).
The reasons you made are valid/rational/realistic enough to qualify for a refund trial.
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.
Refund Transaction:
The refund may take 7-10 business days to process, after the refund agreement is signed
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.
Smart App Studio 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.
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 Smart App Studio in respect of any claims, costs and expenses that may arise from any material included within the quoted application by Smart App Studio at the client’s request.
Smart App Studio reserves the right not to include any material supplied by the client within the quoted application if Smart App Studio deems said material inappropriate or offensive.
Smart App Studio will not populate the application with the final content unless said content is delivered to Smart App Studio 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 client’s responsibility, in all cases, to ensure the applications content is displayed and formatted as they require. If the client cannot format the applications content, Smart App Studio will offer this service at Smart App Studio’ 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 Smart App Studio.
Supply of said material by the client to Smart App Studio 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 Smart App Studio 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.
Smart App Studio will pursue due care to ensure applications created by Smart App Studio are free of errors.
Smart App Studio will correct any errors made by Smart App Studio staff in the undertaking of the quoted application.
Smart App Studio does not accept responsibility for errors, damages, losses or additional costs that relate to third party products that Smart App Studio may require completing the quoted application.
Smart App Studio 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.
Completion Of Work.
All time frames offered by Smart App Studio to the client are estimates. The intrinsic nature of software development and its intricacies do not offer Smart App Studio the luxury of defining definite time frames.
Smart App Studio will endeavour to complete all work within the estimated time frames discussed with the client in the quotation. However, Smart App Studio 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.
Smart App Studio will not release the quoted application unless all payments have been met under the obligations of the quotation or work agreement.
The quoted application remains the property of Smart App Studio Software until all obligations have been met for release of said application to the client.
If Smart App Studio 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.
Change To Site And These Terms And Conditions.
This site and these Smart App Studio Terms and Conditions may be amended, revised, changed, updated or modified by Smart App Studio with or without notice. Continued use of this Site following any change to the Smart App Studio Terms and Conditions constitutes your acceptance of any such change to the Smart App Studio Terms.
