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1.Introduction

1. Purpose of the Agreement: This document outlines the terms and conditions for website development services provided by digju.com
2. Definitions: Key terms used in this document, such as “Client,” “Developer,” “Project,” “Deliverables,” etc., are defined for clarity.

2. Client Responsibilities

1. Clarifications: If the client chooses a readily available package, they need to ensure all requirements are mentioned in the package or scope of work (SOW) document. For any particular features needed, clients must verify with the team and get email confirmation before proceeding. For custom quotes/proposals/estimates, clients need to ensure that all requirements are clearly discussed in the recorded Zoom meeting to avoid discrepancies. Clients should not assume any feature will come as default unless explicitly mentioned.
2. Single Point Of Contact: Coordination is feasible with only one designated person at a time. If a client wishes to involve multiple individuals in the project, internal discussions are encouraged, with input provided by only one person to our team.

3. Payment Terms

• Payment Schedule: Please refer to the SOW document for payment schedule.

4. Revisions and Changes

• Scope of Revisions: The number of revision schedules depends on the package that is chosen, refer to the SOW for the Revision schedules available.
• Additional Work and Change Orders: Any additional work or change requests beyond the initial scope will incur extra charges.

5. Project Timeline

• Estimated Completion Time: The project estimated completion time may vary based on the package. Please refer to the package document and Scope of Work (SOW) for specific timelines.
• Delays and Extensions: Delays caused by the client’s late submissions or feedback will extend the project timeline accordingly.
• Client Delays: If the client delays for 30 working days or more, or beyond what is allowed as per the SOW, the client must pay the balance payment to continue the project. If the balance payment is not made within 30 working days, the project will be lapsed. Once the balance is paid, the client will have 75 working days to finish the remaining work.

6. Intellectual Property Rights

• Ownership of Deliverables: Upon full payment, clients receive the rights to use the final design for the agreed-upon purpose.
• Use of Third-Party Materials: Any third-party materials used will comply with licensing agreements.
• Rights to Use Client Content: Clients guarantee that all provided content is free from copyright or trademark infringements.

7. Confidentiality

1. Protection of Confidential Information: Both parties agree to keep all shared information confidential and not disclose it to third parties without consent.
2. Non-Disclosure Agreement: A formal NDA can be signed upon request if the project total value exceeds 50,000/-. Documentation fee of 5,000 applicable.
3. Call Recording: Calls to our office number or calls from the designer for clarifications will be recorded for quality purposes.

8. Warranties and Disclaimers

• Warranty on Workmanship: Website development services do not come with a warranty. Once the website is launched and delivered, the responsibility for maintaining and managing the website lies with the client or through AMC subscription.
• Disclaimers of Other Warranties: We do not guarantee specific outcomes such as search engine rankings or increased traffic. Any performance metrics are subject to various factors beyond our control.

9. Limitation of Liability

• Cap on Liability: Our liability is limited to the amount paid by the client for the services.
• Exclusion of Consequential Damages: We are not liable for indirect, incidental, or consequential damages.
• Indemnification: Clients agree to indemnify us against any claims arising from the use of the website.

10. Termination

• Termination by Client: Clients may cancel the project at any time, but the deposit is non-refundable unless it is covered by our refund policy.
• Termination by Developer: We may terminate the project if the client fails to meet their responsibilities
• Effect of Termination: All work completed up to the termination date will be delivered to the client upon final payment.

11. Testing

• Reviewing and Deleting Unwanted Elements: We conduct a comprehensive review of the website to identify and eliminate any unwanted content, posts, media items, and pages that may adversely impact SEO.
• Verification of Links and Buttons: We meticulously examine all links within the menu, ensuring accurate hyperlinks. Additionally, we verify that all buttons correctly redirect to the intended pages.
• Mobile-Friendly Testing: Our checks involve real-time testing of the website on Android mobile phones. If necessary, adjustments will be made to enhance mobile-friendliness. Please note that testing is performed on a single device.
• Enquiry Form Functionality Check: We assess the functionality of the enquiry form, ensuring proper configuration to the designated email ID and verifying accurate routing.
• Implementation of CAPTCHA: To mitigate spam emails, a CAPTCHA will be incorporated into the enquiry form. CAPTCHA serves as a protective barrier against abuse from automated scripts.
• Design Guidelines Testing: We conduct a thorough examination of design guidelines to ensure proper functionality.
• Client Responsibilities: The client must thoroughly test the website and report any bugs before launch, which will be resolved by our team.

12. Maintenance and Support

• Post-Launch Support : Upon the successful completion of the project and its launch, clients have the privilege of one month (30 days) of complimentary support from us. During this period, we offer hands-on assistance to address any potential bugs at no additional cost. The extension of support beyond the initial 30 days is contingent upon the subscription to the AMC package, which encompasses bug fixing and security maintenance. However, support for content changes or design editing is subject to subscription to the appropriate support package. All support queries should be directed to support@digju.com. For clarification purposes, our designers are available for customer connections via phone calls. Our operational hours are Monday to Friday, 10:30 to 18:30 IST.
• Maintenance Plans : Maintenance tasks primarily encompass the regular updating of website software. Therefore, we kindly urge customers to consider subscribing to the AMC package or selecting the hosting package, which includes AMC. It’s important to note that the AMC package does not cover content changes or the creation of new pages. We advise our customers to opt for the AMC packages within a timeframe of 60 days (two months). Any delayed subscription may incur additional testing charges.
• Training: We are actively developing our platform to empower customers, providing increased flexibility and reducing dependency. Our platform allows customers to manage various aspects of their website independently, even without the designer’s assistance. While we neither endorse nor actively promote self-service options, recognizing the familiarity and experience our platform offers, we acknowledge that confident customers who wish to explore and learn independently are free to do so. To facilitate this, we provide informative training videos focusing on the basics to enhance their understanding and knowledge. Given the extensive features of our platform, these training videos are designed to cover fundamental concepts. Should clients require in-depth and specialized training, they can request a personalized quote for comprehensive training sessions.

13. Dispute Resolution

• Governing Law: This agreement is governed by the laws of Chennai, Tamil Nadu
• Mediation and Arbitration: Disputes will be resolved through mediation or arbitration before legal action.

14. Miscellaneous

• Service Hours: All packages are based on estimated working hours. If any requirement exceeds these hours as defined in the package or SOW, it will incur additional charges at our standard hourly rate, or the company reserves the right to reject the requirement. Any extra work and associated costs will require prior written approval from the client.
• Force Majeure: Neither party shall be liable for any failure or delay in the performance of its obligations under this agreement if such delay or failure is caused by events beyond its reasonable control, including but not limited to acts of God, natural disasters, war, civil unrest, strikes, lockouts, or other labor disturbances, electrical or internet outages, governmental restrictions, or any other cause beyond the reasonable control of the affected party. In such cases, the affected party shall notify the other party as soon as possible and take all reasonable steps to mitigate the impact of the force majeure event on the performance of their obligations.
• Amendments: Any amendments to these terms and conditions will be published on our website. Regularly check for updates.
• Severability: If any provision is found invalid, the remaining provisions will still apply.
• Assignment: Neither party may assign their rights or obligations without the other party’s consent.

15. Acceptance

• Client Acceptance of Terms: By accepting a quote or paying advance payment, you agree to and accept the terms and conditions of Digju.com. Acceptance can be by email or through payment  Initiation, or by signing a quote.
• Signatures: Both parties acknowledge that manual signatures are not necessary as this is a digital document. Agreement is indicated by proceeding with the services and making the required payments.

16. Non-Solicitation Clause

• The client agrees not to directly contact or solicit the designers or staff of Digju.com for any future services. All requests for additional services, support, or modifications must be directed through Digju.com’s official channels. This ensures proper project management, quality control, and adherence to company policies. Any breach of this clause may result in termination of the service agreement and potential legal action.

17. Definition of Terms

1. Client: The individual or organization receiving services from Digju.com.
2. Developer: Digju.com or its designated representatives responsible for providing website development services.
3. Company: Digju.com, the entity providing website design and development services.

Project: The specific website development work outlined in the Statement of Work (SOW) and agreed upon by both parties.