Terms & Conditions
I rely on designing and developing the Websites and Android Apps by using various available platforms like Open Source Web Applications freely available on Internet. I hereby want to clarify all the existing and upcoming clients that your websites will be developed using this Open Source Applications available along with the skills I learned over years of experience. My Web Designing packages are a way cheaper than other web designing agencies and I like wise provide full support for my services.
Though using Free and Open Source Platforms I pay for Domain and Web Hosting Services which may not be revealed to any of my client unless it is required to do so. I hereby declare that all of my existing as well as upcoming clients who have been developing their websites through my Freelance Creative Web Design Studio comply and accept to all of my Terms & Conditions mentioned below and its their responsibility and right to view and accept all of the Terms & Conditions before buying any package or letting me develop their website.
It is the responsibility and right of the clients to view all of the Terms & Conditions before buying any package and development of their website. If any client who have been developing website under my freelancing work or any new clients who have paid for my freelancing Website or App development will automatically come under the terms and conditions mentioned here.
All estimates / quotes besides the basic plans provided on my website are based on my 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 understanding in a face to face meeting.
By Accepting a quote or making any advance payments, you agree to and accept the Terms and Conditions of NexGn Freelance Web Designing. Acceptance can be verbal, by email, payment of Initiation or accepting a quote.
Clients to ensure that they have included all requirements in the quotes / proposals / estimates and that I fully understand their requirements. Clients must provide me with clear guidelines along with the flow or specific details they may require. When such details are not provided, I will proceed with my understanding of the requirements and quote accordingly. If for any reason the given requirement is not possible to design or develop according to the clients requirements, the client must come to a mutual understanding with me or accept my development or designs at that stage, as the service is non-refundable. 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.
I provide Basic Web Based, Fully Functional and Responsive Android Application within the packages, which has fixed type of designs, Client cannot provide any other requirement in the design of Android Application. Android Application will be designed according to my understanding and based on the Website Design. If the client requires any other type of Android Application designing he may ask for Control Panel details and can consult any other Android Application Developer and get the App designed according to his/her needs.
Any complexity related to specific tasks, must be advised in advance and included in the proposal for costing purposes. I 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 NexGn Freelance Web Designing.
NexGn Freelance Web Designing will make every effort to complete the project/changes in the given time frame. Reasonable delays are accepted if Projects are modified.
Any delays at client’s end may delay the project and proposed time frames and may incur additional costs. Any bugs reported during or just after the development does not incur additional charges.
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.
NexGn Freelance Web Designing has a right to keep the website offline or blocked unless the outstanding amount has been paid in given time frame as per the package taken or face to face agreement.
Website/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 time frame.
Websites are generally tested on PCs and include near recent versions of following browsers: Internet Explorer, Firefox, Google Chrome. If you require testing to be done on any other browser, please let us know in advance.
Please note that at any stage during the project, stalling of the project for over two calendar months including filling of products on the eCommerce websites from the clients end will incur Rs. 500/week administration costs. Furthermore, it may increase the previously approved estimates. If you require the project to be put on hold, please let me know through email in advance. To put the project on hold without incurring additional charges, you will have to pay the remaining cost as per quote. Further details can be discussed if such a situation arises.
Depending upon the functionalities required, there may be 3rd party components such as Third Party Payment Gateways or SSL certificates involved in building a Website. Although NexGn Freelance Web Designing does its best in recognizing the suitability of any such component, any unforeseen limitations of 3rd party components are beyond our control. Any third-party component purchase costs (such as SSL, Payment gateway, Google Adwords, Plug-in licenses etc) are not included in the quotes.
NexGn Freelance Web Designing offer packages in co-ordination with third party providers. Changes to the third party provider’s rules and policies may ultimately effect the services I provide or the terms and conditions herein.
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 3rd party software. I 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 me for any genuine delay, when every effort to keep the project on the proposed schedule is taken.
Domain registration / renewal etc charges are not included as a part of any project / proposal unless mentioned otherwise. If required, a quote for which will be submitted separately and approved by the client.
Hosting charges are not included in the quotations unless mentioned otherwise. NexGn Freelance Web Designing can organize an appropriate hosting solution if required, a quote for which will be submitted separately and approved by the client. Where clients decide to organize their own hosting, I should be consulted before finalizing the type of hosting and database, as it should meet the requirements of the technology used for the development. Please note that I’ll require full access with hosting support for testing and deploying the website. NexGn Freelance Web Designing will not be liable for any delays or errors caused by direct or indirect actions of the hosting company.
NexGn Freelance Web Designing generally builds and tests the websites on 3rd party servers or hosted domains. NexGn Freelance Web Designing cannot give access to their test servers and test websites to the clients or any 3rd party. The website can be transferred-off to a nominated 3rd party server upon full payment of all invoices and dues.
All communications are generally done via Emails / WhatsApp / Calls / SMS. It is client’s responsibility to keep me updated with their relevant Email Addresses / Mobile Numbers.
All maintenance packages are for a minimum of 6 months period. Packages may include 6 months basic website hosting, email hosting and minor website changes.
Packages are designed to serve website maintenance tasks only. Additional charges may be incurred for projects such as full redesign or major functionality add-ons.
Website maintenance will be done once per month and that does not include full website redesign. Any minor changes to the website will be done in selected hours only and that clients should suggest all changes accordingly.
Any urgent tasks or Any extra hours used will be billed separately @ Rs.100/hour.
In case Client need to cancel the website, please inform us in writing (email) at least one month prior to the renewal date.
Ongoing term: For any reason if the Client decides to terminate an on-going package then they will need to pay the remaining amount. Absolutely no refunds are issued based on our policy.
NexGn Freelance Web Designing reserves the right to terminate, block, delete or reuse a domain or hosting package, if client doesn’t pay remaining amount in time even after several notices given through WhatsApp, Email, Calls, SMS.
All content of this website is a property of NexGn Freelance Web Designing unless otherwise specified. NexGn Freelance Web Designing reserves the right to change the content or policies without any prior notice.
Paid Amount by the client is absolutely Non-Refundable.
All invoices will be processed only after completion of payment.
There is a surcharge or Rs. 50 charged for payments made via Deposit Machines or any Bank transfer that includes any type of charges that may be charged by Banks or any type of Wallets or Payment Gateways.
50% token amount (Non Refundable) should be given on finalization of Website Designing. Remaining amount as per quotation should be paid immediately or after 7 days, or NexGn Freelance Web Designing will have the right to block the website and penalize the client for Rs. 500/week unless the remaining amount is paid in time or if any type of issue arises from clients end, the client must notify NexGn Freelance Web Designing and the payment will be done according to mutual agreement given in written or email. Final payment must be made prior to website / application / project going live or else website will be kept offline or blocked after 4 days or until payment is done. If you keep payment longing for any reason I have the authority to make website offline. Hereafter if any dispute arises from your side regarding website going offline, I have the authority to deny any kind of service from my side to you.
Receipt of payment is deemed as acceptance of the quote, delivery, project and Terms & Conditions.
If you cancel your order after making the payment, but the work has not commenced, the amount is non-refundable. If the order is cancelled after the commencement of work, the client has to pay the remaining amount. All cancellations must be received in writing and can be sent via Email, SMS or WhatsApp. Telephone requests on cancellations will not be accepted.
Late fees and charges: All outstanding invoices will incur a late payment fee of 10% of the pending amount and an administration fee of Rs. 500 per week, according to the delay.
Payment Gateway Integration & remaining Payments –
Payment gateways can be integrated once you have uploaded your products on your website.
Prior to integrating payment gateway on your website, web designing fees as per website package must be paid. You cannot hold remaining Website designing payment for Payment Gateway integration. If done so on the 3rd Notice your website will go offline and will not be live unless full payment is done.
Payment gateway integration will be done in maintenance phase only.
In an event of a dispute, NexGn Freelance Web Designing 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, NexGn Freelance Web Designing reserves the right to charge the client without honoring any discounts that were previously honored in good faith. Under no circumstances will NexGn Freelance Web Designing be liable for any damages arising from misrepresentation or misinformation.
NexGn Freelance Web Designing reserves the right to refuse service to any client, if these are not aligned with our business operating principles and policies.
NexGn Freelance Web Designing provides its services as is, without any guarantees on security or other issues leading to loss of data, sale or reputation. I ensure to the best of my ability that systems and servers are protected from hackers, viruses, intruders and other online and offline problems, however I will not be held liable for any disruption of services if such situation arises.
Regarding Hiring other Designers or Developers –
You cannot hire another developer unless I am providing you service. If you need to hire another developer, you should make full payment. Other developers will not be given CPanel access unless full payment is done. In case you do hire for website checking or any other purposes. I have the authority to deny service to you and make your website offline for any disputes arising.
Domain & Hosting has an annual charge which must be paid in advance for the whole year. Charges depend on the annual, binneal or triennial package you choose.
It is the client’s responsibility to renew the domain and hosting in time after giving notices i.e. before the expiry date. Failure to renew in time can lead to loss of files, data, emails, backups etc.
All renewals must be paid by 7 working days prior to the expiry date. NexGn Freelance Web Designing will not be responsible for issues relating to delayed payment.
Client who requests the access to CPanel after completion of website is charged Rs. 500 extra and is solely responsible for the content stored on and served by the hosting service purchased and the activity of any scripts or email services created under the hosting service. The Customer must maintain the security of all account passwords and applications or scripts and ensure all scripts under the hosting service are free from malicious content that may harm any part of the Server or the external systems of visitors viewing the hosted content. NexGn Freelance Web Designing will not be responsible if the website gets deleted, content or the website codes gets disturbed for any reason after handling over the access to CPanel.
Clients that requests CPanel access must take a backup of the website in case of any type of malware attacks or the deletion of website. NexGn Freelance Web Designing won’t be responsible once the CPanel access is given to the client.
Expiration of a domain can result in service disruption and loss of domain and hosting service.
NexGn Freelance Web Designing will not be responsible if a domain expires due to non-payment / late payment of the charges. All payments must be made by seven working days before the expiry date.
Requirements for Payment Gateway Integration
Payment Gateway Integration can be done once your website goes live with all products or services updated.
Client must update Products or Services on the Website ASAP or within 5 days of website going live. (Please note that it is your responsibility to update products on website).
Client should submit scanned documents like Aadhar Card Front and Back, Pan Card, Shop Establishment Certificate (Shop Act), GST Certificate or Certificate for Non GST Enrollment, Cancelled Cheque of the Bank Account, Bank Details like IFSC Code, Bank Account Number and Name, Bank Passbook. Client must have a Current Bank Account for Integration of Payment Gateway.
Payment gateway integration requires almost a week that includes Staging, Sandbox Testing and then Go live stage.
Each payment gateway charges different fees on each product or service getting sold and settles remaining amount in Bank Accounts of the clients.
Note – Approval of Payment Gateway depends entirely on Submitted Documents and may require change if asked by the payment gateway team. I should not be blamed for non approval.