Terms and Conditions
Please read all the terms and conditions carefully. I am not and will not be responsible for any confusion or misunderstanding afterwards.
In these terms and conditions “I, me, Prabhat and Prabhat Gupta ” shall mean Prabhat Gupta and “the Client or you” shall mean the person and/or firm and/or company to whom the proposal/agreement/work undertaken is addressed and “we and us” shall mean the team Prabhat Gupta has contacts with including himself to get the job done.
The Terms and Conditions outlined below are intended to avoid misunderstandings, and provide clarification in the unlikely event of a dispute. If you hire us, you confirm that you have read and agree to them. All terms and conditions apply unless otherwise agreed in project quotation.
Last updated April 2018.
Web site development, Hosting and Domain services
1. Pre Project:
- Prabhat Gupta will provide the client with an estimate or quote of costs involved in development of the project, usually by email. If this initial estimate or quote is of interest, in the case of larger projects a more detailed proposal will be submitted if requested by the client.
- Prabhat Gupta might not be able to make visits to the client’s offices or premises for pre-project meetings, however, the client is welcome to arrange and visit Prabhat Gupta for a meeting.
- If the client would like a pre-project meeting or a design meeting at their premises, this can be added to the project as an additional charge. All travel, subsistence and time costs will be chargeable to the client. Please contact Prabhat Gupta for further information.
2. The Project:
- The Client will provide Prabhat Gupta with such information as may reasonably be required concerning the client’s project and will answer queries and provide decisions and approvals which may be reasonably necessary for to complete the Project. The Client is responsible for ensuring that such information and answers are given promptly and are accurate and complete.
- Prabhat cannot be held responsible for delays in completing the project due to the Client’s inability to provide information timeously and/or delays in procuring Internet Merchant IDs or any other 3rd party delays.
- The Project will commence once the Client has provided Prabhat Gupta with the necessary details as outlined in the project quote. This could include but may not be limited to such things as company details, design requirements, down payments/deposits, 3rd party expenses, web site content, photographs, brochure layout preferences and dimensions.
- Once the first design draft has been produced, Prabhat Gupta will provide a link to the client so that the Client can view the work done to date.
- This will give the client the opportunity to request changes, additions or omissions. Once these changes have been submitted to Prabhat Gupta in electronic format, Prabhat Gupta will effect the changes and re-submit for approval. A further set of changes can be requested within the scope of the project cost. Thereafter, changes are chargeable at per ₹1000/day.
- If the Client is totally dissatisfied with the first draft, he/she may request a completely new draft design based on his/her ideas which must then be made completely clear to Prabhat Gupta. The design requirements must be made clear by means of a detailed description with colour choices, font selection and if necessary a sketch or rough layout provided by the Client.
- However, if the Client instructed Prabhat Gupta on a particular layout prior to the start of the project and subsequently changes his/her mind, Prabhat Gupta will be entitled to charge for the 1st draft in full before continuing with the 2nd draft which will be charged at a rate of ₹1000/day or by quotation if requested by the Client.
- Following on from point 5 above, Prabhat Gupta will then compile a second draft within the scope and cost of the project.
- If this draft is also unsuitable, Prabhat Gupta will design a third draft within the scope and cost of the project.
- Once the draft has been approved, this will be deemed as the final design and any further changes will be chargeable at ₹1000/day or by quotation.
- Thereafter the web site will be compiled and functionality, content and other items added.
- Once all content and functionality has been included in the site, the client will be given the opportunity to browse the web site and request changes, additions and alterations within the bounds of the quoted proposal to ensure that the site has been completed to the desired standard and with the required features as requested in any approved correspondence.
3. Deposits and Payment:
- A deposit of 25% (unless otherwise stated) is required before work commences on the project.
- Payment for web hosting and domain is required in advance for the month or year that the account is purchased. In this case scenario, 25% advance deposit of web development charge is not mandatory and the client has a choice to pay in advance or at the time of completion of the project. All the details of accounts, credentials and services will be provided to the client after the full payment is done.
- 100% payment is required for any hardware, software, theme, plugin, web hosting or other out-of-pocket expenses that may be required to complete the project, as mentioned within the quote, estimate or proposal.
- Upon completion of the project, payment of the balance of the quoted amount is required within 10 days.
- If it is not possible to finish the project within 30 days due to unavailability of content and or information required, stage payments will be introduced to cover the cost of work done to date.
- Payment for projects, website updates, consulting, hosting and web development work to websites is required within 7 days of submission of an invoice. If payment is not received within 7 days Prabhat Gupta reserves the right to remove any updates and web development work done to the site. In addition, no further work or consultation will be undertaken until such time as payment for outstanding invoices has been received in full.
- Payment for web hosting and domain is required in advance for the month or year that the account is purchased. Prabhat Gupta is a reseller of web hosting services and also a member of affiliate programs of several hosting companies. Prabhat Gupta is not s self hosting service provider so if in case any assistance requires regarding Hosting or Domain, the client will need to talk to the hosting or domain service provider directly. Prabhat Gupta is only a mediator for clients to get the best suitable and cheap hosting and domain plans.
- If the client choose to share the hosting of Prabhat Gupta, Prabhat Gupta reserves the full rights to add the domain of the client in his own hosting account and Prabhat Gupta will provide the services using his own hosting account. Prabhat Gupta will not share the credentials of his own account in any circumstances.
- Prabhat Gupta reserves the right to charge interest on payments not received within 30 days of an invoice being submitted.
- If payment for services or hosting has not been received within 60 days, Prabhat Gupta reserves the right to close such accounts and to refuse re-activation of the account. Furthermore, Prabhat Gupta reserves the right to decide whether further work will be done for the client in the future, even if payment for the outstanding amount is paid after the 60 days period.
4. Additional Work:
- If, during the course of the project, the client has a need for further requirements development that was not requested or specified in the original quote, Prabhat Gupta will provide an estimate of the additional cost involved and submit it to the client in electronic format (email).
5. Going Live:
- During the project development stage and when the project nears completion, Prabhat Gupta will provide the client with opportunities to view the site online in its final form.
- Prabhat Gupta will request that the client provides feedback as regards content, images, spelling and grammar. Any text and image content changes will thus be requested from the client at this stage. Note that this does not include design changes which at this stage would be chargeable.
- Once the client has provided Prabhat Gupta with the content changes they would like made, Prabhat Gupta will make these changes and will once again request that the client check the site to make sure that all changes have been done to the client’s satisfaction.
- Prabhat Gupta will then ask the client if they are happy to go live with the site on the root (main entry point of the site – usually www.domainname.com). Once the client has confirmed that they are happy to go live, Prabhat Gupta will make the index page live and the site will be regarded as live on the Internet.
6. Support After Project Completion:
- Before going live on the Internet, the Client will have the opportunity to browse the web site and request changes, additions and alterations within the bounds of the quoted proposal to ensure that the site has been completed to the desired standard and with the required features as requested in any approved correspondence.
- Once the Client has satisfied him/herself that the site is complete within the scope of the quote or proposal, he/she will approve the completed product in writing in an email or fax.
- Prabhat Gupta will then make the index page live on the Internet. The project will be deemed as complete once the index page (home page) of the web site has gone live on the Internet as per the Client’s instruction.
- Once the web site is live, changes or ommissions to the web site will be deemed as additional work and will be chargeable at ₹1000 or by quotation.
- Once the web site is live, Prabhat Gupta will provide 30 days free support and maintenance from the date of the web site became live.
- Guarantee – Prabhat Gupta will fix any faults found within the system for a period of 30 days after the project has been completed free of charge. This guarantee applies to errors in coding and errors in content where the client has not made any changes to the site files. If the client has made any changes in the website, this guarantee will not be applicable and any support or maintenance will be taken as additional work and will be chargeable at ₹1000 or by quotation.
- Where clients have requested systems that include content management systems or where the client has the ability to edit the data on the site himself, any changes made that affect the proper functioning of the system will not be covered.
- Wherever possible Prabhat Gupta will attempt to accommodate clients and assist them, however if Prabhat Gupta is asked to fix a ‘fault’ on the site and it turns out to have been caused by the client’s own maintenance of the system, such faults will not be covered by the guarantee and Prabhat Gupta may have to charge for time taken to uncover the error and correct it.
- If you have any queries after the project has been completed, please feel free to send an email to [email protected] and we will be glad to help.
Content Writing Services
The general terms and conditions I work to are shown below. In the absence of any other contract between us, these terms will apply. Any contract between us supersedes the terms below. Writer, the writer, I, me, we and us refers to the content writing team of Prabhat Gupta and the client refers to the client who has agreed to offer the work to Prabhat Gupta.
These terms and conditions are designed to be easy to read and to create a reliable, straightforward, and understandable business relationship between the writer and the client. This document sets out the terms and conditions for providing professional freelance writing services between: us and the client.
About this piece of work, project or ongoing agreement
The writer agrees to provide freelance writing services to the client to the scope, quality, deadline and prices as outlined between them in writing via email or in a formal contract.
Work scope, services, turnaround times, services, and pricing
Please see emails between us or your contract for details of the scope, turnaround time, services provided and the schedule of fees. If the scope or other aspects of the work change beyond what was originally agreed between the writer and the client, services and rates may be renegotiated to take into account changes to the work.
Invoicing, deposits, and payments
- All invoices will be raised and sent to the client from https://prabhatgupta.com
- At the writer’s discretion, he/she may require a deposit prior to starting any work. In most cases, this deposit will be around 25-50% of the expected final amount. Payment of the deposit is required by the client before starting on any work.
- Payment can be made by Debit card, credit card or PayPal.
- Payment of any remaining fees by the client is due upon completion of the work.
Out of scope – What is not included in the price
Anything not listed under “Scope” is not included. Any reasonable requests for additional work will be considered. Any requests for changes must be made by the client in writing. Any change to the scope of the work after acceptance by the writer may be subject to additional charges. Should such changes negate any part of the work already completed at the time of the changes, the client accepts responsibility for payment for any work completed to date.
The writer agrees to:
- Carry out work to the scope, quality, deadlines and prices as agreed via written communications.
- Provide original, high-quality writing as requested by the client.
- Follow any special instructions provided by the client and agreed by the writer.
- Treat the client with professionalism, courtesy, honesty, and integrity at all times.
- Respond to any communications within a reasonable timescale, normally the same day.
The client agrees to:
- Provide supporting information, topics, guidance, article ideas, and other material as requested by the writer to allow for creation of the work.
- Provide a word count, deadlines, and other relevant information about the requested work.
- Answer any questions asked by the writer.
- Provide prompt feedback on outlines, work, articles, and other content as requested by the writer.
- Promptly pay the deposit and fees as stated and invoiced by the writer.
Point of contact
The writer can be reached by contact us or live WhatsApp chat option on the web site.
Cancellation of the work
If the work is cancelled, the client will be liable to pay any fees in full for the creation and production of the work to date. Any cancellations must be made in writing, and provide as much notice as possible.
Any documents that the client provides to the writer that are not intended to be included in the final work will be kept confidential. Any work created by the writer that is not intended to be published or distributed publicly via a website, social media, or some other means will be kept confidential, and not shared with anyone outside.
The writer may link to publicly distributed or published work from his/her website, portfolio, social media accounts or other areas, unless requested not to by the client. Any such requests will be honored.
Final acceptance of the work
Upon completion of the work to the client’s satisfaction, and payment of any remaining fees, this contract will be considered fulfilled. After completion of the work, the writer bears no more responsibility to the work and the client is free to do with it as they wish.
The client agrees to hold the writer harmless for any such damages that may arise from the writer’s work. In no event shall the writer be liable for any direct, indirect, punitive, incidental, special consequential damages whatsoever arising out of or connected with the use or misuse of their work product. The writer assumes no responsibility for any special, incidental, indirect, or consequential damages of any kind, or any damages whatsoever (including without limitation, those resulting from her work product or from: (1) user or client reliance on the materials or documents produced costs of replacement writings, training, or documents (3) loss of use, data, or profits (4) delays or business interruptions, (5) and any theory of liability, arising out of or in connection with the use or performance of writer’s work whether or not the writer has been advised of the possibility of such damages.
Cancellation and Refunds
Normally we do not offer refund policy. However, there are some terms and conditions depends on different scenarios where you might get a refund. Please read all the terms and conditions below before asking for cancellation or refund.
- If the work is cancelled, the client will be liable to pay any fees in full for the creation and production of the work to date. Any cancellations must be made in writing, and provide as much notice as possible. If there is any advance payment already made, the charge of the word done till date will be deducted from the advance by the rate of INR 1000/- per day or as mentioned in the quotation.
- If you have ordered hosting package from any of the company I am affiliated with, you need to contact respective service provider for the cancellation and refund process.
- If you have purchase a hosting plan to share my hosting account, it is not eligible for any refund but you can cancel your hosting service anytime to avoid future renewals and transactions by dropping me an email or contacting me through this form here.
For any other scenario, please feel free to contact me for cancellation and refund process and I will surely help you with it.