1. General
Welcome to the Netling website/service which is operated by Netlings Webworks Pvt. Ltd. (in this Agreement,
"Netling", "we", "us" or "our").
This following page acts as a contract between you and Netling, collectively referred to as the "parties".
By accessing, browsing, and using the Site and its services (“Services”), you accept, without limitation
or qualification, these Terms and Conditions. If you do not wish to be bound by these Terms and Conditions,
you should not access the Site or use its Services.
You may not use our services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
By using the Services or the Site, you represent
and warrant that you are 13 (thirteen) years of age or older and that you accept and agree to abide by
all of the terms and conditions of this Agreement.
The Site may, without notice to the User, add additional
features or change or eliminate features or Services, change nomenclature, change prices of Services and make other changes at
any time, which will be subject to these Terms and Conditions.
2. Services statement
Netling shall provide the services as nominated at time of order. A copy of these agreed services will
be emailed to both parties at the beginning of the project, after we have received, examined and
checked your completely filled order form and project files.
3. Delivery of the services
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Start date: Netling will start providing services on the next consecutive business day
from the date of purchase (order paid and all the files correctly upload).
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Completion date: The due date generated by the system is an estimate. The completion
date will be provided to the client after a Project Manager or Customer Support representative
from Netling reviews all of the files and details of the project. Our team works from 11:00 to
19:00 Hs from Monday to Friday in the GMT +5.5 Time Zone, you should expect your project to be
delivered during that time-frame.
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Delays: While we aim to deliver all our projects on time, if unforeseen circumstances
delay delivery times, Netling will endeavor to offer some form of compensation. You are not entitled
to make any further claims against Netling beyond the original cost of the project.
4. Acceptance criteria
The following is hereby established as the client's acceptance criteria for all projects developed by
Netling unless otherwise noted in a service agreement signed by both parties. A project is considered
accepted if:
the client approves a delivery in the project thread or;
the client does not submit any feedback or request changes within fourteen (14) days of the project
being delivered.
the client requests us to proceed to the next project stage. A project stage could be the next sprint
of development, deployment of the production code to an external server/version control system or delivery of the source code in the form of a zip
archive made available to download.
5. Format of project delivery
Netling shall provide the completed service in form of a .zip file upon completion of the project. In
the case that you have requested some other specific form of delivery, Netling will comply with this
request if agreed on the project specifications that will be taken as a contract.
6. Prices
As consideration for the provision of the services by Netling, the price of these services are nominated
at the time of purchase and it varies depending on the services requested. For a correct pricing
please refer to your invoice emailed at time of purchase and make sure you agree with the quote provided
before accepting the project start.
7. Payments
You agree to pay the price as per the payment plan established by Netling before we begin working on your project. Netling has
no obligations to start your project neither delivering files without receiving and confirming your
payment(s). Any charges payable under this Agreement are exclusive of any applicable taxes, tariff
surcharges or other like amounts assessed by any governmental entity arising as a result of the provision
of the services provided by Netling to you under this Agreement and such will be payable by the person
that contracts Netling in addition to all other charges payable hereunder.
8. NDA & Intellectual property rights
Netling agrees to grant to the purchaser a Non-Disclosure Agreement (NDA) where Netling establishes that
any material, information, files related your project will not be shared with third parties or used
in any other way that is not related to the completion of the project.
Netling represents and warrants that: Will perform the services with reasonable care and skill Services
and the files provided by Netling to you under this Agreement will not infringe or violate any intellectual
property rights.
In respect of the material specifically created for the Purchaser as part of the services, Netling accepts that the full title
guarantee belongs to the person or company that contracted our services and all of the copyright,
other intellectual property rights and any other data or material used or subsisting in the project
files, whether finished or unfinished also belongs to the purchaser.
9. Refunds
Netling will consider a full refund under the following reasons:
- The client’s order cannot be completed
- The client request to cancel the order is received before any development is started.
A partial refund will be considered udner on the following reasons:
- The quality of the final delivery is not up to the specifications or notes provided and agreed by
both parties and they are all technically possibly to acomplish within reasonable efforts. And
the client provides a comprehensive proof / explanation of the matter.
- Our team has performed at least 10 rounds of fixes to the files and the problem still persists and
it's not technically impossibly to fix it.
You will NOT be elegible for any type of refund if the project has been delivered to you or you have
access to the order files & if the files meet our quality standards.
Any negligence or behaviour produced either by third parties or by the client itself while installing,
modifying, manipulating or using the final materials will not constitute a cause of refund. Netling
reserves the right to agree or disagree to any refund requests and has the final say on all disputes
upon inspecting the each individual case.
10. Warranty
The user agrees that access to the site, and use of the services is at the user’s own risk. neither Netling
nor its officers, directors, employees, affiliates, or agents warrant that the services may be uninterrupted
or error-free; nor do they make any warranty as to the results that may be obtained from the use
of the services or as to the accuracy, reliability, suitability, or content of the services. all
other services are provided on an "as is," "as available" basis without representations or warranties
of any kind, either express or implied, including, but not limited to, implied warranties of merchantability,
fitness for a particular purpose or audience, and non-infringement. in no event will Netling or its
directors, officers, employees, affiliates, or agents be liable to the user or any third party for
any incidental, indirect, special, or consequential damages (even if Netling has been advised of
the possibility of such damages), arising out of the user’s use of or inability to access the site,
or to use any other services, including, without limitation, loss of revenue or anticipated profits,
loss of goodwill, lost business, lost data, computer failure or malfunction, or any and all other
damages or losses that result from mistakes, omissions, interruptions, deletions of files, errors,
defects, viruses, delays in operation or transmission, or any failure of performance, whether or
not limited to acts of god, communications failure, theft, destruction, or unauthorised access to
Netling's records, programs, or services. because some jurisdictions do not allow the exclusion or
limitation of liability for consequential or incidental damages, in such states Netling’s liability
is limited to the greatest extent permitted by law, not to exceed the amount paid for the services.
Nothing in these terms and conditions shall affect the statutory rights of any user or exclude or
restrict any liability for death or personal injury arising from the negligence or fraud on the part
of Netling.
11. Indemnification
The User agrees to indemnify and hold Netling and its affiliates, officers, agents, partners, and employees,
harmless from any claims or demands, including reasonable attorneys’ fees, made by any third party
due to or arising out of information submitted by, posted to, emailed, or otherwise transmitted by
the User through the Services, your use of the Services, your connection to the Services, or your
breach of the Terms and Conditions.
12. Term & Termination
The Agreement shall be effective on the date of inital payment hereof and continue, unless terminated sooner
in accordance by both parties.
Either Party may terminate this Agreement upon notice in writing if:
The other is in breach of any material obligation contained in this Agreement, which is not remedied
(if the same is capable of being remedied) within 30 days of written notice from the other Party
so to do; or A voluntary arrangement is approved by both parties. At such time, the customer may elect either to (a) invoke the Refund in relation to any current Project(s), or (b) pay Netling pro rata for the work undertaken in relation to any current Project(s) up to the date of termination.
13. Relationship of the parties
The Parties acknowledge and agree that any services performed by Netling, its employees or agents shall
be as an independent contractor and that nothing in this Agreement shall be deemed to constitute
a partnership, joint venture, agency relationship or otherwise between the parties.
14. Governing Law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of India and jurisdiction of national capital, Delhi.
15. Unlimited Revisions
You are more than welcome to report any bugs or issues that you need fixed anytime in order for the project to be fully working based on the agreed project specifications. Netling wil not charge anything extra for bug fixing.
If you require a change/addition in the design or functionality that might require
extra efforts, we may have to charge an additional fee based on our own criteria of hours needed
to be billed.
Last Updated: June 5th, 2018.
