Please go through these terms and conditions carefully,
The Services-
Deliver a custom or template conversion design service as per the specifications submitted by the customer.
Keep the customer informed on the progress and development of the project within the time frame agreed between FortuneKart Inc and the customer.
3. Make any modifications to the design as outlined in the delivery and acceptance criteria as noted below.
Delivery & Acceptance
FortuneKart Inc will use all reasonable endeavours to deliver the project to the customer for acceptance testing on or before the agreed delivery date. During the acceptance period, the customer will carry out acceptance tests via an online demo server to determine:
The design conforms in all material respects with the original specification as outlined in the customers Proposal / specification document.
Charges and payment
FortuneKart Inc will not charge more than the amount previously agreed unless the customer has varied the specifications of the work since the agreement. FortuneKart Inc will not undertake changes to the specifications of the work which would increase the cost, without prior written authorization from the customer.
A 30% deposit is payable by the customer to FortuneKart Inc before the project starts. The final payment is payable by the customer before the design is released and after the delivery and acceptance terms are met.
Cs Cart License buying customers has to pay 100% before the delivery of License Key
In general we are providing Cs Cart support by our own, However customer wanted Cs Cart Helpdesk We will direct to Cs Cart to get separate user name and password from them at no additional cost
Offers and Proposals
Offers and proposals made by FortuneKart Inc to potential clients should be confidential and remain the property of FortuneKart Inc. Such offers and proposals or the information contained within them must not be passed to third parties or publicly disseminated without prior written authorization from FortuneKart Inc. This includes, but is not limited to, technical features, functionality, aspects of the design and pricing information.
Supply of Materials
The customer is to supply all materials and information required for FortuneKart Inc to complete the work in accordance with the agreed specification. Such materials may include, but are not limited to, photographs, written-copy, logos and other printed materials. Where the customer’s failure to supply such materials leads to a delay in completion of the work, FortuneKart Inc has the right to extend previously agreed deadlines for the completion of the Work by a reasonable amount.
Warranty by Client as to Ownership of Intellectual Property Rights
The Customer will obtain all the necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names and trademarks or any other material it supplies to FortuneKart Inc for inclusion on the Web design and Ecommerce projects.
The conclusion of a contract between FortuneKart Inc and the customer shall be regarded as a guarantee by the customer to FortuneKart Inc that all such permissions and authorities have been obtained and that the inclusion of such material in the Web design and Ecommerce projects would not constitute a criminal offence.
By agreeing to these terms and conditions, the Customer removes the legal responsibility of FortuneKart Inc and indemnifies the same from any claims or legal actions however related to the content of the Customers site.
Right to Terminate
FortuneKart Inc reserves the right to refuse or break a contract without prior notice, if it is believed that the Client, their Website, or any material is illegal, immoral or otherwise unacceptable.
Intellectual Property Rights
Subject to full payment of the Charges, FortuneKart Inc undertakes not to design or create (or be involved in the design or creation) of any design, web application or web page with the look and feel of which is:
Identical to the look and feel of the Website or
Substantially similar to the look and feel of the Website.
Events beyond the Control of FortuneKart Inc
FortuneKart Inc will not be liable for breach of contract where that breach was due to software, hardware or electrical failure, natural events such as fire or other events beyond the control of FortuneKart Inc
Consequential Loss
Under no circumstances will FortuneKart Inc be responsible or liable for financial or other loss or damage caused by the failure or use or misuse of its software or when accessing the customers web site. The Client should ensure that data on their site is regularly backed up and that a contingency plan is in place to minimize possible losses as a result of software failure or site access.
You agree that all claims, differences and disputes arising under or in connection with or in relation hereto the Website, these Terms of Use, the Agreement(s) or any transactions entered into on or through the Website or the relationship between you and FortuneKart Inc shall be subject to the exclusive jurisdiction of the courts in Delaware Jurisdiction, USA and you hereby accede to and accept the jurisdiction of such courts. Each party hereby irrevocably waives any objection which such party may now or hereafter have to the laying of improper venue or forum non convenient. Each party agrees that a judgment in any such action or proceeding may be enforced in other jurisdictions by suit on the judgment or in any manner provided by law. Any and all service of process and any other notice in any such suit, action or proceeding with respect to this Agreement shall be effective against a party if given as provided herein.
FortuneKart Inc reserves the right to change the terms & conditions outlined in this document. The customer will be informed of revisions as and when they are issued.