Terms & Conditions

By using our Services & Consultations, you are agreeing to these terms. Please read them carefully.

 

Openmode Solution would not be liable for any misuse of the products delivered. Openmode Solution would not provide the core technology to the clients in any condition without prior and written approval from both the parties. If the client wishes to buy the technology from Openmode Solution the cost of the technology would be decided only after completion of the project. After selling the product and the core technology Openmode Solution will not be liable for any changs, maintainance and errors which might arise due to external tampering. If the client wants Openmode Solution to handle the maintainance of the product after selling the technology then there would be extra charges which would be decided mutually between the two parties in written. Each and every communication related to the technology and product would be considered valid for client only if they have the clauses mentioned in the agreement or have mails approved from the higher authorities of Openmode Solution.

Important Note:

The client can not sell the products or materials provided by Openmode Solution to another one without the written permission of Openmode Solution. In case of such a condition, Openmode Solution will have all the authorities to stop all the services provided to the client on immediate effect without any financial liability or losses.

 

In a situation of any dispute between the clients and their customers, Openmode Solution will not liable for any concern or financial losses for any third party company or person.

 

Openmode Solution will not have any responsibility in case of giving money in the bank account of any other company.

QUOTATIONS AND ESTIMATES:

  • All quotations and estimates provided by Openmode Solution are valid for a period of 30 days from date of issue. Quotations not accepted within this timeframe must br re-issued.
  • All quoted prices, excluding where indicated, do not include Goods and Services Tax.
  • Openmode Solution reserves the right to suspend the services/quotation at any time, without any prior information.

PAYMENT TERMS & INTELLECTUAL PROPERTY:

  • All quotations provided by Openmode Solution, require a 50% deposit upon 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.
  • Openmode Solution 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 Openmode Solution, The Annual Maintenance Charges (AMC) will be normally applicable 50% (PERCENT) of original development cost of Project / Module; 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 Openmode Solution; which depends upon the amount of efforts and work required. This % may vary each year.
  • The recurring / renewal amount of the domain and hosting are subjected to change as per the market rates.
  • Openmode Solution disclaims all warranties or conditions, whether expressed or implied, (including without limitation implied, warranties or conditions of information and context). We consider ourselves and intend to be subject to the jurisdiction only of the courts of Delhi, New Delhi, India.
  • Unless specified all quotations provided by Openmode Solution, do not include any source code license.
  • All source code and associated intellectual property relating to said source code, developed by Openmode Solution, solely remains the property of Openmode Solution, except where specific code license has been issued to the client and said issuance has been indicated in writing from Openmode Solution.
  • Any alteration, reverse engineering, or manipulation of any kind on the code, compiled or otherwise, created by Openmode Solution 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.
  • Any costs incurred by Openmode Solution for third party code license required to complete the quoted application are the responsibility of the client and will be solely borne by the client. Any such third party code license will be attached to the existing Openmode Solution code license for the quoted application.

WEBSITE CONTENTS:

  • Clients are required to ensure that the content of the application being quoted adheres to all the current Indian legislation regarding publication.
  • Openmode Solution reserves the right not to include any material supplied by the client within the quoted application if Openmode Solution deems said material inappropriate of offensive.
  • 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, Openmode Solution will offer this service at Openmode Solution's current hourly rate at the time of the request.

CANCELLATIONS:

  • Should the client wish to cancel acceptance of the quotation, Openmode Solution 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.

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 Openmode Solution.
  • Supply of said material by the client to Openmode Solution 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 Openmode Solution 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:

  • Openmode Solution will pursue due care to ensure applications create by Openmode Solution are free of errors.
  • Openmode Solution will correct any errors made by Openmode Solution staff in the undertaking of the quoted application.
  • Openmode Solution does not accept responsibility for losses or damage arising from errors within any application.
  • Openmode Solution does not accept responsibility for errors, damages, losses or additional costs that relate to third party products that Openmode Solution may require completing the quoted application.

ALTERATIONS:

  • Any alterations requested by the client after development has begun will incur extra development and regression testing time. Dependent upon the alteration or change requested an average of 3 days extra development time per alteration should be allowed for. The 3 day average may not be indicative of the time required and can be extended commensurate of the time involved to implement said changes.
  • Openmode Solution 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.
  • If Openmode Solution are required to correct said alterations or errors resulting from said alterations, induced, injected or otherwise caused by parties other than Openmode Solution, the client will be charged at the hourly rate that is current for Openmode Solution at the time said errors are to be fixed.

COMPLETION OF WORK:

  • All timeframes offered by Openmode Solution to the client are estimates. The intrinsic nature of software development and its intricacies do not offer Openmode Solution the luxury of defining definite timeframes.
  • Openmode Solution will endeavour to complete all work within the estimated timeframes discussed with the client in the quotation. However, Openmode Solution 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.
  • Openmode Solution will not release the quoted application unless all payments have been met under the obligations of the quotation or work agreement.
  • If Openmode Solution does not have control over the residence where the finished work will reside then full payment must be made prior to said work being released by Openmode Solution.
  • The quoted application remains the property of Openmode Solution Software until all obligations have been met for release of said application to the client.
  • If Openmode Solution 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.
  • We will don't take any kind of responsibility after handover the project/website source code to the client's server or hard drive or anything device.
  • After handover the source code the client will setup the project files into their own server with their own responsibility.
  • If we upload the project files into client's server then we will provide 3 months of Free technical support, if no one else touch or modify our code. ( If project source code not yet handover to the client)