Terms And Conditions
By accessing this website of Fabudea and confirming order with us, you acknowledge your acceptance of all the below mentioned Fabudea Terms and Conditions:
QUOTATIONS AND ESTIMATES
- All quotations and estimates provided by Fabudea are valid for a period of 15 days from date of issue. Quotations not accepted within this timeframe must br re-issued.
- All quotations are required to be accepted using the supplied Quotation Acceptance Form and returned to Fabudea within the 15 day period from date of issuance.
- All quoted prices, excluding where indicated, do not include Goods and Services Tax.
- Estimates may be provided by Fabudea to offer the client a guide on the projected costing of a project prior to any discovery or research for said project. All estimates will be clearly marked as such and are not an indication of the exact final cost to develop the application.
- All estimates will need to be formalized to a quotation or invoice before acceptance by either party as the final cost of the application.
- Fabudea reserves the right to suspend the services/quotation at any time, without any prior information.
- All quotations provided by Fabudea, 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.
- Fabudea 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 Fabudea, The Annual Maintenance Charges (AMC) will be normally applicable 20% (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 Fabudea; 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.
- Fabudea disclaims all warranties or conditions, whether expressed or implied, (including without limitation implied, warranties or conditions of information and context). The terms of this Agreement shall be governed, interpreted and construed in accordance with the laws of State of Delaware, United States if the Customer is located in United States of America; laws of the International Chamber of Commerce Geneva, Switzerland if the Customer is located in outside of United States of America.
- All disputes, differences, claims and demands arising under or pursuant to this Agreement shall be referred to arbitration and shall be adjudicated in accordance with the rules of International Chamber of Commerce (I.C.C) in English language in the State of California if the Customer is located in United States of America; in Europe, Geneva-Switzerland if the Customer is located in Europe; in Turkey, if the Customer is located in Turkey.
- Minimum requirements for where the completed application will reside, will be provided on all Fabudea quotations.
- The quoted cost on a Fabudea quotation is only valid if the minimum residency requirements are met or exceeded for said quotation.
- Fabudea can provide, as an additional service, a package that will meet the stated requirements. The package offered will provide the most streamlined and cost-effective installation of the quoted application.
- If a Fabudea package is not used to host the completed application, Fabudea will not be liable for any additional time or resources, above and beyond that already included in the quotation, required to get the completed application installed where the client has asked it to reside.
- Fabudea will bill any additional time and or resources, above and beyond that already included in the quotation, required to get the completed application installed on the clients host at 25 USD per hour. The minimum cost for this will be 4 hours at the above mentioned rate.
- Unless specified all quotations provided by Fabudea, do not include any source code license.
- All source code and associated intellectual property relating to said source code, developed by Fabudea, solely remains the property of Fabudea, except where specific code license has been issued to the client and said issuance has been indicated in writing from Fabudea.
- Fabudea reserve the right to implement licensing features within the quoted application, except where code license has been issued by Fabudea.
- Any alteration, reverse engineering, or manipulation of any kind on the code, compiled or otherwise, created by Fabudea 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 Fabudea 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 Fabudea code license for the quoted application.
- Should the client wish to cancel acceptance of the quotation, Fabudea 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.
- Clients are required to ensure that the content of the application being quoted adheres to all the current USA legislation regarding publication.
- The client shall further indemnify Fabudea in respect of any claims, costs and expenses that may arise from any material included within the quoted application by Fabudea at the client’s request.
- Fabudea reserves the right not to include any material supplied by the client within the quoted application if Fabudea deems said material inappropriate of offensive.
- Fabudea will not populate the application with the final content unless said content is delivered to Fabudea in digital format prior to commencement of work. Said content, if available, will be used for testing purposes and may not be formatted how the client requires it. If content is not available mock placeholder content will be used.
- 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, Fabudea will offer this service at Fabudea’ current hourly rate at the time of the request.
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 Fabudea.
- Supply of said material by the client to Fabudea 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 Fabudea 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
- Fabudea will pursue due care to ensure applications create by Fabudea are free of errors.
- Fabudea will correct any errors made by Fabudea staff in the undertaking of the quoted application.
- Fabudea does not accept responsibility for losses or damage arising from errors within any application.
- Fabudea does not accept responsibility for errors, damages, losses or additional costs that relate to third party products that Fabudea may require completing the quoted application.
- 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.
- Fabudea 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 Fabudea are required to correct said alterations or errors resulting from said alterations, induced, injected or otherwise caused by parties other than Fabudea, the client will be charged at the hourly rate that is current for Fabudea at the time said errors are to be fixed.
COMPLETION OF WORK
- All timeframes offered by Fabudea to the client are estimates. The intrinsic nature of software development and its intricacies do not offer Fabudea the luxury of defining definite timeframes.
- Fabudea will endeavour to complete all work within the estimated timeframes discussed with the client in the quotation. However, Fabudea 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.
- Fabudea will not release the quoted application unless all payments have been met under the obligations of the quotation or work agreement.
- If Fabudea does not have control over the residence (see Residency Requirements) where the finished work will reside then full payment must be made prior to said work being released by Fabudea.
- The quoted application remains the property of Fabudea until all obligations have been met for release of said application to the client.
- If Fabudea 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.
CHANGES TO SITE AND THESE TERMS AND CONDITIONS
This Site and these Fabudea Terms and Conditions may be amended, revised, changed, updated or modified by Fabudea with or without notice. Please review this link on a regular basis for changes. Continued use of this Site following any change to the Fabudea Terms and Conditions constitutes your acceptance of any such change to the Fabudea Terms and Conditions.