Terms & Conditions

Definition of our terminology as used within this document:

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements:

“Client”, “You” and “Your” refers to the company/person in contract with Gusani InfoTech OR person using services of Gusani InfoTech and accepting the Company's terms and conditions.
“The Company”, “Ourselves”, “Gusani” “We” and “Us”, refers to our Company.
“Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves.
“Project” is any work undertaken or service provided by Gusani InfoTech for the client on their request and as described in our confirmation email to that Client.
“Live Mode” means the date the website is available on the client’s chosen domain.
'Open Source Software' is software made freely available to anyone under the GNU General Public License (GPL).
“Content” is all text, images and videos that the client requires on the website.

1. Company Policies

Dedicated Resources
Minimum contract to hire dedicated resources would be of one month.
Client can have telephonic interview/ vid eo conference with our dedicated resource and also Gusani InfoTech will provide resume of the dedicated resource to the client.
Dedicated resource will work in our office premises only.
Working Hours

Working hours of our company will be 10:00 A.M. to 7:00 P.M. Indian standard time (UTC+05:30).
Client cannot contact any of our employees after the working hours or on their any personal contacts.
The means of communication with us will be any one of below:
G-talk
Skype
MSN
Electronic delivery policy

Gusani InfoTech is a web design and development company and communicates with its clients electronically. When client accepts this terms and conditions, client consents to receive electronically from Gusani InfoTech any notices, agreements, disclosures, or other communications (Notices).

Client agrees that Gusani InfoTech may send electronic Notices in either of the following ways:
To the email address provided to Gusani InfoTech at the time of sale or
To the new email address account client set up through Gusani InfoTech.

Client agrees to check the designated email addresses regularly for Notices.
Notice from Gusani InfoTech is effective when sent by Gusani InfoTech, regardless of whether the Notice is read or received by Client.

Call monitoring and recording privacy policy

As part of Gusani InfoTech’s commitment to providing the best possible service, Gusani InfoTech may monitor and record phone calls answered by Gusani InfoTech and made by Gusani InfoTech.

Gusani InfoTech may also archive recorded voice mail messages.

Gusani InfoTech may also archive recorded voice mail messages.

Gusani InfoTech records calls for training purposes, to improve customer service, and to ensure an accurate record of Client calls, which may be needed to support transactions that take place over the phone. This allows Gusani InfoTech to identify how Gusani InfoTech can better serve its customers.

2. Project Policies

Scope of services

Gusani InfoTech shall perform the services, including the Website Project, set forth in the Proposal Document (the “Services”) in accordance with the Service Agreement.

The design of the website shall be in conformity with the plan outlined in the Project Proposal.
The Customer will be responsible for providing direction to Gusani InfoTech and for delivering content for website construction, including text and images.

If Gusani InfoTech is responsible for the preparation of the feature list then it will be added to the charges.
Gusani InfoTech may elect, in its sole discretion, to exclude from the website any text, graphics, sound, or animations

That might be viewed as obscene or involving any illegal activities, or which have link(s) to other website(s) having content that might be viewed as obscene or involving any illegal activities; and/or
That Gusani InfoTech determines would violate any trademark rights or copyrights of any third party.

Gusani InfoTech designs and develops websites, web applications and mobile apps. Client understands that Gusani InfoTech’s services may include certain communications from Gusani InfoTech such as advertisements, notices, service announcements and newsletters.

Client is responsible for obtaining access to Gusani InfoTech's services that may involve 3rd party fees (including but not limited to, ISP, merchant accounts and gateways). Client is also responsible for all equipment and software necessary to access Gusani InfoTech's services.

Development procedure

With help and input from the Client, Gusani InfoTech will develop the contracted scope of the software project. Before work may begin on a project, the Client must sign the project acceptance agreement and electronically accept these Terms of Service.

The price mentioned in the proposal document will be valid for 7 days from the date when the proposal is sent. The price and terms are subject for variation after that time.
Gusani InfoTech will not be held liable for accuracy of information, typos, or spelling errors in any of the content approved by the Client and published on the website. Client will be notified by email when the website is live.

Change orders

Client understands that the website/software purchase and development includes a specific number of pages, features and/or functionality.

The Client proposal and Project Specifications Document lists the specific features, functionality and number of pages purchased.

The website/software only includes those items purchased.
After completion of website development, Gusani InfoTech shall provide the Customer with one month (20 working hours) of changes at no additional charge.

Any additional changes shall be governed by a separate Change Order which will describe the exact nature of the changes requested and any additional fees.
Additional work requested by the Client outside of the scope of work purchased may be charged at an hourly rate or as specific enhancements.

The Customer shall have three (3) business days from receipt of the Change Order to accept the terms and conditions of the Change Order, otherwise the Change Order shall be deemed rejected.
No Change Order shall be binding upon either party unless signed by both parties. Upon execution by both parties, a signed Change Order shall amend the original Service Agreement and become a part thereof. Notwithstanding the forgoing, Gusani InfoTech shall have the right to refuse a Change Order for any reason in its sole and absolute discretion.

Project completion timeframe

Client understands, agrees and acknowledges that Gusani InfoTech does not guarantee a time frame for completion of ANY website or software project. This is in part because it is difficult to complete a project without design and functionality approvals and participation from the Client.

In addition, if the Client continues to submit additional content throughout the development process, or requests additional modifications to the project, the completion time frame is increased.

Other factors that may influence the completion date of a project include, but are not limited to, complexity of Client's project(s), availability of Gusani InfoTech personnel, accounting status of Client's account, etc.
Customer agrees to provide all information and content for the completion of the Website Project, and all feedback, comments and other input regarding GUSANI INFOTECH’s work product, promptly to allow for the timely completion of the Website Project.

If Client does not respond to Gusani InfoTech communications and, as a result, Gusani InfoTech is not able to start or complete the website/software project.

Additional work requested by the Client outside of the scope of work purchased may be charged at an hourly rate or as specific enhancements.

If Client's website/software requires custom programming, functionality, e-commerce or the use of a database, the overall development time will be extended.

Customer hereby agrees that the term of this Agreement with respect to the Website Project will expire on the Project Completion Date, and the website and other work product delivered by GUSANI INFOTECH as of such Project Completion Date shall be deemed final and fully satisfactory to Customer.

Should Customer desire for GUSANI INFOTECH to incur additional time regarding the Website Project after the Project Completion Date, Customer shall pay GUSANI INFOTECH in advance at GUSANI INFOTECH’s then current hourly rate for website designer/developer time.

3. Source code Terms and Conditions

Rights to the website and content
With the exception of any third party materials and background technology used by GUSANI INFOTECH in conjunction with the Services, Customer represents and warrants to GUSANI INFOTECH that Customer owns the website, domain name, and all customer content and information provided by Customer to GUSANI INFOTECH, including, but not limited to, any and all text, music, sound, photographs, video, graphics, data, or software, in any medium (the “Customer Content”) or that Customer has permission from the rightful owner to use each of these elements.

Customer hereby agrees to indemnify and hold harmless GUSANI INFOTECH and its subcontractors from all suits, claims, liabilities and damages, including all attorneys’ fees and other defense costs, arising from any alleged infringement by the Customer Content of any property rights of any third party.

“Third-party materials” means any content, software, or other computer programming material that is owned by GUSANI INFOTECH, licensed by GUSANI INFOTECH, or generally available to the public, including Customer, under published licensing terms.

The graphics utilized from GUSANI INFOTECH’s graphics and image library are licensed from third party suppliers. Upon written request, GUSANI INFOTECH will deliver the Customer’s source files electronically and make the source files available for download for a period of <>.

Any designs / HTML not approved or rejected by the clients are the property of Gusani InfoTech. Gusani InfoTech has total rights to use them for other purposes/ project / learning of our employees.

4. Payment Policies
The total fee for Services offered by GUSANI INFOTECH shall be set forth in the Service Agreement as amended by any change orders, and shall be billed and paid in <>.
----“All invoices that do not qualify for monthly installments require a 50% deposit in advance, to allow the Developer to commence work. Any variation to these standard terms must be agreed in writing by both parties prior to commencement of work.” Or
“Payment must be made promptly based on the terms of any development project. Client agrees most development work will incur a deposit to the amount of 50% of the total project payment. “-----
For all the projects below the quote of 50K INR, client has to do the full payment in advance.
Minimum cost for any project would be $150.
If there is need of R & D for the projects prior to the start of project then there will be addition to the total cost of project.
After termination, if the client wishes to resume, the client may reinstate the project by remitting the balance of the invoice and service reinstatement fee of up to 20% of total project cost.
All works remain the property of the Company until paid in full.
Late payment
Payments not received within seven (7) days of invoice or due date will be considered late and will incur and accrue interest from the due date at the rate of two and one-half percent (2.5%) per month or the maximum legal rate, whichever is lower.

5. Maintenance Policies

Maintenance plan charges are due on the first week of each month following the launch of maintenance plan.
If customer elects to make payments quarterly or annually, Customer may pay by credit card, check or money order.
Minimum charges for the maintenance plan would be £150 per month.
Service charges are subject to change at any time in GUSANI INFOTECH’s sole discretion upon seven (7) days prior notice to Customer by email. All invoices and sales receipts shall be sent via email.
Customer shall have three (3) days in which to dispute any invoice or sales receipt, after which time the invoice or sales receipt shall be deemed correct.
All amounts paid for Services are non-refundable. Customer shall pay all applicable sales, use, gross receipts, excise, access, and other local, state and Federal taxes or charges imposed on the provision or use of the Services.

6. Brand Policies

Source of the project is associated with Gusani InfoTech with brand name.
If client wants to remove the brand name from the website then charges would be $350.
If client removes the brand name form their project, then it will no longer been shown on the portfolio of Gusani InfoTech.

7. NDA Policies

GUSANI INFOTECH and Customer agree to hold each other’s Proprietary or Confidential Information in strict confidence at all times during the term of the Service Agreement and for a period of two (2) years following the termination of the Service Agreement for any reason.
If client wants to remove the brand name from the website then charges would be $350.
“Proprietary or Confidential Information” shall include, but is not limited to, written or oral contracts, trade secrets, know-how, business methods, business policies, memoranda, reports, records, computer retained information, notes, and financial information.
Proprietary or Confidential Information shall not include any information which:
Is or becomes generally known to the public by any means other than a breach of the obligations of the receiving party;
Was previously known to the receiving party or rightly received by the receiving party from a third party;
Is independently developed by the receiving party; or
Is subject to disclosure under court order or other lawful process.

GUSANI INFOTECH and Customer agree to hold each other’s Proprietary or Confidential Information in strict confidence at all times during the term of the Service Agreement and for a period of two (2) years following the termination of the Service Agreement for any reason.
The parties agree not to make each other’s Proprietary or Confidential Information available in any form to any third party or to use each other’s Proprietary or Confidential Information for any purpose other than as specified in this Agreement. Each party’s proprietary or confidential information shall remain the sole and exclusive property of that party. The parties agree that in the event of use or disclosure by the other party other than as specifically provided for in this Agreement, the non-disclosing party shall be entitled to equitable relief.
8. Cotpyright act terms and Conditions
Resale of service
Customer may not resell any portion of the Services to any other party without prior written permission from GUSANI INFOTECH, which may be granted or withheld in GUSANI INFOTECH’s sole discretion. Customer shall be solely responsible for any software and content displayed or distributed by Customer.

Disclaimer of warranties
Services provided are a best efforts service, and Gusani InfoTech does not warrant that the services or software shall be error-free or without interruption. Gusani InfoTech makes no warranty as to transmission or speeds of the network. Gusani InfoTech makes no warranty of any kind, whether express or implied, and hereby expressly disclaims any such warranty, with regard to any third party products, third party content or any software, equipment, or hardware obtained from third parties.

Force majeure
Neither party will be liable for, or will be considered to be in breach of or default under this Agreement on account of, any delay or failure to perform as required by this Agreement as a result of any cause(s) or condition(s) that are beyond such party’s reasonable control and that such party is unable to overcome through the exercise of commercially reasonable diligence. If any force majeure event occurs, the affected party will give prompt written notice to the other party and will use commercially reasonable efforts to minimize the impact of the event.

Choice of law; exclusive jurisdiction and venue
This agreement shall be construed and enforced according to the laws of ____. Any action in regard to the Service Agreement or arising out of its terms and conditions shall be instituted and litigated in the State of _____ or federal courts located in _________ and in no other, and the parties submit to the exclusive jurisdiction and venue of such courts.

Severability
If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision, and such invalid term, clause or provision shall be deemed to be severed from the Service Agreement.

Entire agreement
The Service Agreement constitutes the entire understanding of the parties, revokes and supersedes all prior agreements between the parties, and is intended as a final expression of their agreement. It shall not be modified or amended except in writing signed by the parties hereto and specifically referring to the Service Agreement.

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