The following terms and conditions apply to all website development / design / redesign services provided by ViralFeeds to the Client.

1. Acceptance
   It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.

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

2. Charges
   Charges for services to be provided by ViralFeeds are defined in the project quotation that the Client receives via e-mail and/or in writing. Quotations are valid for a period of 15 days. ViralFeeds reserves the right to alter or decline to provide a quotation after expiry of the 15 days.

   Unless agreed otherwise with the Client, all website design services require an advance payment of a minimum of forty (40) percent or Rs.10,000/-, whichever is greater, of the project quotation total on order confirmation. Another forty (40) percent of Advance Payment when the work is supplied to the Client for review and the remaining twenty (20) percent, or quotation amount, of the project quotation total due upon completion of the work, or within next 48 hours from the day the project is deployed and made LIVE, whichever is sooner, prior to upload to the server or release of materials.

   Payment for services is due by cash, cheque or bank transfer. Cheques should be made payable to ViralFeeds and sent to ViralFeeds, Third Floor, Upper Bazar, Ponda Goa, Pin 403401. Bank details will be made available on Invoices & Quotations.

3. Client Review
   ViralFeeds will provide the Client with an opportunity to review the appearance and content of the website during the design phase and once the overall website development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies ViralFeeds otherwise within two (2) days / 48 Hours of the date the materials are made available to the Client.
   
   
4. Turnaround Time and Content Control
   ViralFeeds will install and publicly post or supply the Client’s website by the date specified in the project proposal, or at date agreed with Client upon ViralFeeds receiving initial payment, unless a delay is specifically requested by the Client and agreed by ViralFeeds. In return, the Client agrees to delegate a single individual as a primary contact to aid ViralFeeds with progressing the commission in a satisfactory and expedient manner. During the project, ViralFeeds will require the Client to provide website content; text, images, movies and sound files etc. to populate the website.
   
   
5. Failure to provide required website content:

ViralFeeds is a small business, to remain efficient we must ensure that work we have programmed is carried out at the scheduled time. On occasions we may have to reject offers for other work and enquiries to ensure that your work is completed at the time arranged. This is why we ask that you provide all the required information at least two (2) days to four (4) days prior to the agreed completion date. On any occasion where progress cannot be made with your website because we have not been given the required information in the agreed time frame, and we are delayed as result, we reserve the right to impose a surcharge of up to 25%. If you agree to provide us with the required information and subsequently fail to do before the agreed time, one (1) week prior to the project completion date we reserve the right to close the project and the balance remaining becomes payable immediately or we put it on hold till our other projects gets completed which was started during this period. Simply put, all the above condition says is do not give us the go ahead to start until you are ready to do so. We mostly complete a Basic Website within a Week or earliest. ViralFeeds agree to make periodical updates to any sites commissioned and hosted by ViralFeeds. This is subject to a fair usage clause. ViralFeeds reserve the right to charge to update websites if such requests exceed 10min of development time per site per annum.

NOTE: Text content should be delivered as a Microsoft Word, pdf file, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website. These pages should have the same titles as the agreed website pages. Contact us if you need clarification on this.

6. Payment
   Invoices will be provided by ViralFeeds upon completion but before or on publishing the live website. Invoices are normally sent via email; however, the Client may choose to receive hard copy invoices. Invoices are due upon receipt. All our invoices are GST Tax Invoices. Accounts that remain unpaid ten (10) days after the date of the invoice will be assessed a service charge in the amount of the higher of five percent (5%) or Rs.1,000/- per month of the total amount due, whichever is greater.
   
   
7. Additional Expenses
   Client agrees to reimburse ViralFeeds for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography, plugins, Photography, Videography, Themes etc. This payment will be required prior to the purchase or later of the additional required materials.
   
   
8. Web Browsers
   ViralFeeds makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Microsoft Edge, Google Chrome, etc.). The client agrees that ViralFeeds cannot guarantee correct functionality with all browser software across different operating systems. ViralFeeds cannot accept responsibility for web pages which do not display acceptably in obsolete version or new versions of browsers released after the website have been designed and handed over to the Client. As such, ViralFeeds reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.
   
   
9. Default
   Accounts unpaid fifteen (15) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on ViralFeeds’s Web space, ViralFeeds will, at its discretion, remove all such material from its web space. ViralFeeds is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account. Cheques returned for insufficient funds will be assessed a return charge of Rs.500/- and the Client’s account will immediately be considered to be in default until full payment is received. Clients with accounts in default agree to pay ViralFeeds reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by ViralFeeds in enforcing these Terms and Conditions.

10. Termination
    Termination of services by the Client must be requested in a written notice or email and will be effective on receipt of such notice. Telephone requests for termination of services will not be honoured until and unless confirmed in writing or email. The Client will be invoiced for design work completed to the date of first notice of cancellation for payment in full within twenty (20) days.
    
    
11. Indemnity
    All ViralFeeds services may be used for lawful purposes only. You agree to indemnify and hold ViralFeeds harmless from any claims resulting from your use of our service that damages you or any other party.
    
    
12. Copyright
    The Client retains the copyright to data, files and graphic logos provided by the Client, and grants ViralFeeds the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting ViralFeeds permission and rights for use of the same and agrees to indemnify and hold harmless ViralFeeds from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the Client to ViralFeeds that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
    
    
13. Standard Media Delivery
    Unless otherwise specified in the project quotation, this agreement assumes that any text will be provided by the Client in electronic format (text files delivered on USB drive or via e-mail or FTP) and that all photographs and other graphics will be provided in .gif, .jpeg, .png format. Although every reasonable attempt shall be made by ViralFeeds to return to the Client any images or printed material provided for use in creation of the Client’s website, such return cannot be guaranteed.
    
    
14. Design Credit
    A link to ViralFeeds will appear in either small type or by a small graphic at the bottom of the Client’s website. If a graphic is used, it will be designed to fit in with the overall site design. If a client requests that the design credit be removed, a nominal fee of 20% of the total development charges will be applied. When total development charges are less than Rs.1,00,000/-, a fixed fee of Rs.5,000 will be applied. The Client also agrees that the website developed for the Client may be presented in ViralFeeds’s portfolio.

15. Access Requirements
    If the Client’s website is to be installed on a third-party server, ViralFeeds must be granted temporary read/write access to the Client’s storage directories which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.
    
    
16. Post-Placement Alterations
    ViralFeeds cannot accept responsibility for any alterations caused by a third party occurring to the Client’s pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.
    
    
17. Domain Names
    ViralFeeds can purchase domain names on behalf of the Client. Payment and renewal of those domain names is the responsibility of the ViralFeeds. The loss, cancellation or otherwise of the domain brought about by non or late payment by the client is not the responsibility of ViralFeeds. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.
    
    
18. General
    These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s acceptance of Quotation via email, text or a Payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is also an acceptance of our terms and conditions. Some amount mentioned in INR will be converted to USD or respective currency on the date of quotation acceptance for overseas transactions.
    
    
19. Governing Law
    This Agreement shall be governed by Ponda – Goa, India Jurisdiction.
    
    
20. Liability
    ViralFeeds hereby excludes itself, its Employees and or Agents from all and any liability from:
    – Loss or damage caused by any inaccuracy;
    – Loss or damage caused by omission;
    – Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site;
    – Loss or damage to clients’ artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.
    The entire liability of ViralFeeds to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.
    
    
21. Severability
    In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid clause.

Last Updated : 22nd July, 2024