1.Period of Contract: The contract is valid for 6/12 months from the date of signing of Contract. This may be renewed from end of the contract date subject to rendering of satisfactory service & fulfilling the term & conditions.
2.Payment Term: For all MC, 25% of total payment will be made at the time of contract, 50% before the time of maintenance, rest 25% after the maintenance performed.
Note: Extra charges will be applicable for paid Softwares like, Windows OS, Office, Photoshop etc.
3.Replacement of Parts: Maintenance of the computer, printer & UPS includes supply & replacement of parts free of cost except some consumable items. (Only applicable under hardware maintenance policy)
4.Prevent Maintenance: Periodical preventive maintenance will be made once every month.
5.Quality of Spares: The equipment parts replaced must be new and equivalent in performance of existing parts.
6.Additional Charges: The MC cost includes the traveling cost for rendering service through out the year for one or all locations & for one or all systems.
7.Statutory Levies: The MC cost includes all statutory levies if any, charged by State or central Govt. for rendering this type of service.
8.Working Hours: The maintenance work shall normally be done during working hours of the customer. However, in case of emergency maintenance may have to be done beyond office hours and even on holidays prior arrangement through proper communication should be worked out in all cases by the servicing agencies.
9.Reporting Authority: The Service Engineer will be allowed to handle the respective equipments only with permission of the officer in-charge of Computer Systems.
10.Response Time: Normal response time for repair is 24-hours from the actual time of reporting the problem to the Second party.
|Particulars (Service Charges)||Period||Penalty|
|Above 24 Hours & below 48 hours||Warning but no penalty|
|Above 48 Hours & below 96 hours||A penalty of 1% of the contract amount per system|
|Above 96 hours||A penalty of 2% of the contract amount per system|
11.Court of Law:
Disagreement if any, arising out of the contract shall be settled by either party in a court of law under the jurisdiction of the District Court of Muzaffarpur, Bihar.
12.Final Authority: The final authority for payments will be Head of the Organization offering the MC.
Web Designer in consultation with the Customer has prepared a Work Plan for the Web Site, which includes the following:
(a) The specifications for the Web Site which comply with the requirements of the Customer's Request ("Exhibit A");
(b) A listing of all items to be delivered to Customer (the "Deliverables" or "Exhibit B");
(c) A schedule setting forth the Contract and timing of Web Designer's compensation as per fixed terms ("Exhibit C").
Web Designer shall deliver the Work Plan to Customer as per the mutual understanding between both the parties and as provided in Exhibit A. Upon approval of the Work Plan by Customer, Web Designer will host the website on the Customer's. Web Designer shall provide periodic updates to the Customer, by phone or email, on the progress of the Web Site project at least once in every week commencing from the end of the first week after execution of this agreement and upon payment of advance fee until such time the deliverable listed in Exhibit C are delivered to the satisfaction of the Customer.
Payment The total contract price for the Web Site shall be as set forth in the Exhibit C and shall be payable in installations according to the terms set forth therein. Each instalment shall be payable upon completion of each project phase by Web Designer and acceptance by Customer.
Changes in Project Scope: If at any time following acceptance of the Work Plan, Customer should desire to change the specifications or other elements of the Work Plan, Customer shall submit to Web Designer a written proposal specifying such changes. Web Designer shall evaluate each such proposal and shall submit to Customer a written response within five (5) working days following receipt thereof. Web Designer's response shall include a statement of the availability of personnel and resources, as well as the effect the proposed changes will have on the price, delivery dates in the quotation.
Any changes to the Work Plan shall be evidenced by a "Work Plan Amendment." The Work Plan Amendment shall be signed by authorized representatives of Web Designer and Customer. If Web Designer does not approve the Work Plan Amendment, he shall not be obligated to perform any additional services hereunder.
Delays: Delays: Web Designer recognizes and agrees that failure to deliver the Web Site according to the Work Plan's delivery schedule will result in expense and damage to Customer. Web Designer shall inform Customer immediately of any anticipated delays in the delivery schedule and of the actions being taken to assure completion of the Web Site within such schedule. Web designer commit to pay the penalty of delaying the designing and developing website only when the delay is caused by any action or failure to act of Web Designer.
Acceptance Testing: Upon completion of the Web Site and the delivery of all items required to be provided under the Work Plan, Customer shall have seven (7) working days from such completion to inspect, test and evaluate the Web Site to determine whether it satisfies the acceptance criteria set forth in the Work Plan.
If and when the acceptance tests establish that the Web Site complies with the acceptance criteria, Customer shall notify Web Designer that it accepts the Web Site. The date of such notification shall be the date on which Customer shall be obligated to make the final payment specified in the schedule set forth in the Work Plan and the working of the website would be done at that point of time.
Rights to Work Product: Rights to Work Product: Web Designer hereby acknowledges that the Deliverables and any other documentation, materials or intellectual property hereunder (collectively, the "Work Product") are works which have been specially commissioned by Customer. Customer shall be considered the author of the Work Product for purposes of copyright and shall own all the rights in and to the copyright of the Work Product and, as between Customer and Web Designer, only Customer shall have the right to obtain a copyright registration on the same which Customer may do in its name, its trade name or the name of its nominee(s). Accordingly, among other things, Customer is the author and owner of the Work Product and shall have the sole and exclusive rights to do and authorize any and all. To the extent Web Designer does not own such Work Product as a work made for hire, Web Designer hereby assigns, transfers, releases and conveys to Customer all rights, title and interest to such Work Product, including but not limited to all other patent rights, copyrights, and trade secret rights. Customer shall be considered the author of the Work Product after the approval and final payment of the project.
Training: Web Designer shall provide training in the use of the Web Site in general and the admin module in particular to the Customer. Limited support via phone or email will be available to Customer for 30 business days following acceptance of the Web Site.
Representations and Warranties:
(a) Warranty of Web Site Performance: Web Designer represents and warrants that, for 1 year following acceptance of the Web Site by Customer, the Web Site will be free from programming errors and defects in workmanship and materials, and will conform to the specifications in the Work Plan. If programming errors or other defects are discovered during the year, Web Designer shall promptly remove those programming bugs.
(b) Warranty Against Disablement: Web Designer expressly represents and warrants that no portion of the Web Site contains or will contain any protection feature designed to prevent its use. This includes, without limitation except in case of hacking, any computer virus, worm, software lock, drop dead device, Trojan-horse routine, trap door, time bomb or any other codes or instructions that may be used to access, modify, delete, damage or disable the Web Site or computer system.
(c) Warranty of Compatibility: Web Designer represents and warrants that the Web Site shall be compatible with Customer's hardware and software as set forth in the specifications in the Work Plan.
(a) Confidential Information: For purposes, the term "Confidential Information" means all information that is not generally known by the public and that:
(i) is obtained by Web Designer from Customer, or that is learned, discovered, developed, conceived, originated, or prepared by Web Designer during the process of performing this Agreement, and
(ii) relates directly to the business or assets of Customer. The term "Confidential Information" shall include, but shall not be limited to: inventions, discoveries, trade secrets, and know-how; computer software code, designs, routines, algorithms, and structures; product information; research and development information; lists of clients and other information relating thereto; financial data and information; business plans and processes; customer database available on the website, or hosted through Web Designer's shared server or through a server exclusively dedicated to the Customer; and any other information of Customer that Customer informs Web Designer, or that Web Designer should know by virtue of its position, is to be kept confidential.
(b)Obligation of Confidentiality: During the term of this CONTRACT, and at all times thereafter, Web Designer agrees that he will not disclose to others, use for his own benefit or for the benefit of anyone other than Customer, or otherwise appropriate or copy, any Confidential Information, whether or not developed by Web Designer, except as required in the performance of its obligations to Customer hereunder. The obligations of Web Designer under this paragraph shall not apply to any information that becomes public knowledge through no fault of Web Designer. The obligation set forth above shall apply on all staff employed by the Web Designer.
Location of Web Site: Web Designer shall not provide HTML files and code to Customer or its assigns. Web Designer shall use his best good faith efforts to assist Customer in the installation of the Web Site to its final location in a timely and efficient manner.
Notice: All notices and other communications required or permitted under this Contract shall be in writing and shall be deemed given when delivered personally, or five (5) days after being deposited in the Indian postal mail, postage prepaid and addressed as follows, or to such other address as each party may designate in writing:
Integers Consolidated Pvt ltd,
New Colony, Mithanpura,
Each party represents and warrants that on this date they are duly authorized to bind their respective principals by their signatures below.
Court of Law: Disagreement if any, arising out of the contract shall be settled by either party in a court of law under the jurisdiction of the District Court of Muzaffarpur, Bihar.
Working & Development Life Cycle in Detail:
A) 1st Phase: Home Page Designing Phase
1) A mail with suggestions, questions regarding your requirements for the home page would be sent to you.
2) Your reply would state your confirmation to our suggestions as well as provide a precise specifications list.
3) Initiation of Home Page designing conforming to the standards agreed to in the mail.
4) The Home Page would be uploaded on a temporary link and sent for your approval.
5) You would send your feedback and suggest changes (if any).
6) Minimal changes may be needed since development would be in agreement to the pre-decided specifications. A feedback in one-go would facilitate systematic functioning.
7) The rectifications would be made from our end.
8) The first phase completion would be on receipt of a final approval / confirmation mail from you.
B) 2nd Phase: Designing and Development phase
1) This would be initiated on the completion of the 1st phase.
2) This would involve the designing and development of the inside pages.
3) The developed section would be tested for bugs and the same fixed at our end.
4) All the modules and functionalities as per the deliverables committed would be shown to you on a temporary link. This would be the beta version and would be delivered after 30-32 working days from the 1st phase completion.
C) 3rd Phase Testing phase -
1) Debugging of errors cited by you (if any) and re-testing of the same would be done in 12 working days.
2) The completed site would be uploaded and delivered to you. After your website goes live and is viewable to all, we give an additional 90 days’ time period, during which any on-line technical difficulty faced by you in the modules delivered to you as per the conformed specifications would be taken care by us free of cost. A user-friendly admin panel is provided by us to ensure easy and hassle-free management of the portal from your end. So there will be three stages in Project. As we are now ready to move ahead with the actual technical development of your project at our end, upon your confirmation we will send you the Performa invoice and you can move ahead with the order
Below are the details with the cost and timeline
Cost in advance: 60 % in advance and later 40%
Time Frame: 35 to 40 working Days
Payment Mode: ____________________________________
DESIGN AND DEVELOPMENT TOOLS
Designing: HTML, Adobe Photo shop, Macro media Flash etc.
Server Side Scripting: PHP
Back end: MySql
Server System: Linux
Browser Compatibility: Internet Explorer, Google Chrome, Safari, Opera, Firefox
Resolution: 800*600/1024*768/1366*768 Pixels
Security: All the Panels will be Password protected.
Total Cost of the Project: Rs._________
Payment schedule: Advance: 60% of the total cost of the project; Balance: 40%: After completion of the project and before the transfer of the site to Customer's domain; Project duration: 35-45 Working days from the date of disbursement of 50% advance to the Web Designer.