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Website Development, Ecommerce Websites, Mobile Application 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 in a face to face meeting.
  • By accepting a quote, you agree to and accept the terms and conditions of Mirackle Solutions can be verbal, by email, payment of Initiation, signing a quote.
  • Clients to ensure that we have included all requirements in the quotes/proposals/estimates and that we fully understand their requirements. 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 of your website development 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 Mirackle Solutions.
  • There are limited man-hours allocated to each task including Project Management and Digital Strategist/Business Analyst. Minor changes may be included within the allocated hours. This will be analysed on a case-by-case basis.
  • Mirackle Solutions 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 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 Mirackle Solutions be liable for any delays caused by change in the project brief.
  • Website/ Mobile 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.
  • 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.
  • Nothwithstanding any other provision in the agreement, in consideration of the Customer entering into this agreement with Mirackle Solutions, upon full payment of any outstanding invoices, Mirackle Solutions will grant an unconditional license to the Customer to reproduce, publish, communicate, use, exploit, vary, or otherwise deal with 1) the graphics, 2) texts and 3) images used in the published website and associated of 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.


Payment Terms & Refund Terms

  • All prices are quoted in Indian Rupees are exclusive of GST unless specified.
  • All invoices are to be processed as per the schedule via your preferred method of payment.
  • Payments not made within 7 days from the date of invoice will lead to suspension of all services. Part of the work that has been paid will also be suspended.
  • Milestone payments must be made within 5 working days of each milestone/schedule, unless mutually agreed otherwise. Final payment must be made prior to website/mobile application/project going live.
  • Receipt of payment is deemed as acceptance of the quote, milestone, delivery, project and terms & conditions.
  • Mirackle Solutions reserves the right to negotiate and refund appropriate portion of the amount paid by customer towards the requested service. If you cancel your order after making the payment, but the work has not commenced, we will refund 75% of the payment that you have already made. If the order is cancelled after the commencement of work, the maximum refund or charge will be 50% of the invoice. There will be no refund or adjustments if cancellation is called when more than 50% of the work has been completed. All cancellations must be received in writing and can be sent via regular mail or email. Telephone requests on cancellations will not be accepted.
  • For minor or once-off works, payments need to be made either in advance or as per the terms mentioned in the invoice/proposal. If you require any changes to the terms, you must inform us in writing (emails accepted) within two working days of the receipt of the same.
  • Late fees and charges: All outstanding invoices will incur a late payment fee of 10% of the pending amount and an administration fee of INR 2500 per month, from the due date. Outstanding Invoice: An invoice is deemed to be outstanding if the payment is still due after 14 days of the expiry of the due date.
  • 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 in a face to face meeting.


Debt Collection

Client is provided a further 7 days after late payment fee is applied to pay the invoice. Failure to pay will result in the outstanding amount referred to a debt collector. Mirackle Solutions will not be liable for any costs or charges associated with the recovery of the outstanding amount. Any charges associated with the recovery of the outstanding amount (debt collectors, administration charges, legal fees) will be referred to the client for processing.

  • If you are late with a payment or have any queries regarding the Invoice, please contact Accounts Manager immediately on receiving the invoice or reminder emails.
  • All communications/correspondences are generally done via emails. It is client’s responsibility to keep us updated with their relevant email addresses.
  • Mirackle Solutions generally builds and tests the websites/applications on our own servers or hosted domains. The website/application will be transferred-off to the nominated 3rd party server upon full payment of all invoices and dues.


Disputes / Liabilites / Indemnity

In an event of a dispute, Mirackle Solutions reserves the right to charge the client in full for the work done as well as for the resources spent in managing the dispute. In such an event, Mirackle Solutions reserves the right to charge the client without honouring any discounts that were previously honoured in good faith. Under no circumstances will Mirackle Solutions be liable for any damages arising from misrepresentation or misinformation.

Any purchase or use of our services implies that you have read and accepted our terms and conditions.

Mirackle Solutions reserves the right to refuse service to any client, if these are not aligned with our business operating principles and policies.

Mirackle Solutions provides its services as is, without any guarantees on security or other issues leading to loss of data, sale or reputation. We ensure to the best of our ability that our systems and servers are protected from hackers, viruses, intruders and other online and offline problems, however we will not be held liable for any disruption of services if such situation arises.

Relationship of Mirackle Solutions with its suppliers, partners and sub-contractors is of an independent nature. None of the parties have any power, right or authority to interfere or bind the other or assume or create any obligation or responsibility, whether expressed or implied, on behalf of the other or in the other’s name.

Client will indemnify and hold Mirackle Solutions, its licensors, content providers, service providers, employees, agents, officers, directors, contractors and sub-contractors (the “Indemnified Parties”) harmless from your breach of any of these Terms And Conditions or any other terms, conditions, policies or procedures herein, including, without limitation, any use of content other than as expressly authorized in these Terms and Conditions. Client agrees that the indemnified parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify and hold harmless the Indemnified Parties from any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information obtained from Mirackle Solutions.

Mirackle Solutions will not be liable for any breach of the agreement which is caused by a matter beyond its reasonable control including but not limited to Act of God, fire, lightning, explosion, war, disorder, flood, earth quake, industrial disputes (whether or not involving their employees), extremely severe weather, or acts of local or central government or other competent authorities.


Mauritius
           

Mirackle Solutions
501, Lotus Pride, 5th Floor, V. P. Road, Vile Parle (W), Mumbai - 400056
Tel : +91-22-4619 0450 / +91-22-4619 0496


Mauritius
Sir Virgil Naz Street, Port Louis, Mauritius.

All Rights Reserved By Mirackle Solutions, India

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