Terms and Conditions

Project Terms

• All estimates and prices are dependent on how well we comprehend your needs and the allotted time frame. Any functional modifications, including small upgrades, could result in extra charges. In a meeting or conversation, kindly confirm and further explain our understanding.
• You agree to and accept Digital Creatings Pvt. Ltd.‘s terms and conditions by accepting a quote. Verbal, email, initiating payment, and signing a quote are all acceptable forms of acceptance.
• Clients should confirm that we properly understand their requirements and that we have accounted for all of them in the quotations, proposals, and estimates. Clients are required to give us explicit instructions as well as the flow or other specifics they may need. When such information is not present, we proceed with our understanding of the needs and provide an appropriate solution. If a mismatch occurs later, it can result in extra expenses to make the necessary adjustments. Therefore, it is imperative that you make sure that you have been quoted on the correct criteria and that you have made clear every part of your website development.
• For costing purposes, any complexity relating to certain tasks must be disclosed upfront and included in the proposal. We work in good faith and rely on our clients to be completely honest when receiving quotes. Digital Creatings will not be responsible for any discrepancy brought on by unclear specifications.
• There are limited man-hours allocated to each task including Project Management and Digital Strategist/Business Analyst. Minor changes may be included within the allocated hours. This will be analyzed on a case-by-case basis.
• Every attempt will be made by Digital Creatings to finish the project or adjustments before the deadline. If functionalities are redefined or changed, reasonable delays are accepted.
• Any delays on the part of the client could cause the project to go behind schedule and beyond budget and may incur additional costs.
• There are no additional fees for defects (programming faults) found during or just after development.
• Rework on a task that has already been finished will result in extra fees. Following design approval, any changes to the design will result in additional fees.
• Any modifications requested during the development or after the Go-Live approval will incur additional charges. All additional work, over and above the estimates, is charged separately. Under no circumstances will Digital Creatings be liable for any delays caused by a change in the project brief.
• Content for the website/application and all associated materials must be given to us within the first week of the project’s introduction. Any extra delays could cause the project to be delayed and cost more money if they take longer than expected.
• Our websites and applications are typically tested on PCs using recent builds of the IE, Firefox, Chrome, and Safari browsers. Please notify us in advance if you need testing to be done on any other browsers.
• Web sites that are responsive and multi-device compliant are evaluated on iPhones and iPads. Please plan if you need testing to be done on any other device.
• Any additional man-hours that may be needed because of any server or network-related issues are not included in our prices and may be paid individually if your website or application is not hosted on one of our servers during the time of development.
• Please be aware that stalling the project for longer than two calendar months will result in administrative costs of $99 per week at any point in the project. Additionally, it can raise the already authorized estimations. If you need the project placed on hold, do let us know in writing ahead of time. We will need the account to be current based on the work done to put the project on hold without incurring additional fees. If such a circumstance occurs, further information can be discussed.
• Software codes created by Digital Creatings (excluding open-source software) are protected by copyright. Once all prior invoices have been paid in full, the codes can be given to the client or subsequent owners of that legal organization with the stipulation that they are only utilized or modified for re-use in further development. The codes may not be used for copying or reselling purposes under any circumstances.
• A commercial-grade web server or a comparable arrangement will be used to deploy the website or software application on the internet. Depending on the volume of traffic to your website, a basic office network environment may not be able to support the website.
• Building a website or application may involve using third-party components like SSL certificates or third-party payment gateways, depending on the functionalities needed. Even while Digital Creatings tries its best to determine whether a component is appropriate, any unanticipated limits of 3rd party components are out of our control. Our rates do not include the cost of purchasing any third-party components (such as SSL, a payment gateway, Google Adwords, plug-in licenses, etc.).
• Any open-source products, including WordPress, Open-Source carts, Joomla, etc., are not under the control of Digital Creatings. The updating of all components and third-party software is the client’s duty. To prevent any disruptions, we advise you to purchase frequent backups or a maintenance package.
• The client must be aware that occasionally there can be unforeseen events that would cause the development process to be delayed, especially when it comes to the integration of third-party software. We’ll do everything we can to finish the project as specified in the proposal. The client agrees not to hold us accountable for any legitimate delays as long as they occur within a reasonable time frame and every attempt has been made to keep the project on track.
• Unless otherwise stated, any project or proposal does not include costs associated with domain registration, renewal, etc. If necessary, a quote will be sent separately and accepted by the customer.
• Unless otherwise specified, hosting fees are not included in the prices. If necessary, Digital Creatings can arrange a suitable hosting solution; a quote will be provided separately and approved by the client. When clients choose to arrange their own hosting, they should contact us first to discuss the best hosting and database options since they must confirm the specifications of the technology being used for development. Please be aware that to test and install the application, we will need complete access with hosting support. Inaccuracies or delays brought on by the hosting company’s direct or indirect activities are not the responsibility of Digital Creatings.
• On our own servers or hosted domains, Digital Creatings typically creates and tests the websites/applications. The clients or any other third parties are not permitted access to Digital Creatings’s test servers or test websites. Upon full payment of all fees and dues, the website/application may be moved to a designated third-party server.
• Despite any other clauses in the contract, in exchange for the client entering into this agreement with Digital Creatings will unconditionally grant the client a license to reproduce, publish, communicate, use, exploit, vary, or otherwise deal with 1) the graphics, 2) the texts, and 3) the images used in the published website and associated of form and functionality. This license is given regardless of any other clause in the contract. The intellectual property used in the creation of the website, such as the digital tactics, coding, database structures, scripts, forms, or features, will not be covered by this.
• Email is typically used for all interactions and conversations. It is the client’s duty to keep us informed of any relevant email addresses.

General Approach – Work Flow

The following steps are used for general website design & development projects:

• The project is launched after acceptance of the quote and signoff. We may arrange a scoping workshop if needed by the project to go over the specifications in greater depth.
• Within 5 to 10 working days after receiving the brand information—including the logo, photos, and other branding materials—we will have a mock-up for your review.
• You can evaluate the design and make appropriate improvement suggestions. Generally speaking, up to 3 to 5 design revisions can be made within the provided estimates, depending on your project. For more information, please refer to your allotted design and development hours.
• After the design is complete and accepted, we’ll start working on the coding part. At this point, texts and/or images is usually required.
• We will now set up your website using the content management system (CMS) of your choice. Before the development phase, kindly give all content and other assets.
• As much content as we can from the old website to the new website will be transferred, depending on the time and resources allotted to your project. Your designated personnel can transfer the remaining content using the CMS. We can give you the guidance you need to do this.
• When the site is complete on our end, we typically turn it over to you for additional review, testing, and/or to upload and modify content as needed.
• At this point, you must provide us a Go-Live date so that we can launch the new website or project.
• If the accounts are clear, your website can go live within 3 to 5 working days of receiving a go-live approval. Please be aware that we must get full payment before moving the website to any external servers.
• Please be aware that the project has a restricted number of man hours assigned. The estimates for all websites priced under $5000 are predicated on the idea that projects will take six to eight working weeks to finish, depending on their size. Any more delays could raise the price of project management. Please let us know before we begin the job if you don’t think it can be finished in this amount of time.
• Going back and forth often consumes a lot of time. To ensure that the project team’s time is used effectively on your project and that you do not suffer any needless additional charges, we invite you to give all pertinent information at the outset of the project.
• As required by the project, you will receive updates via emails and/or text messages. However, if you need to know the progress of a project, don’t hesitate to get in touch with us. Additionally, kindly keep us informed of any pertinent email addresses or other contact information.
• When a website or application is launched on a client’s domain, it is the client’s responsibility to regularly perform comprehensive backups, as well as to update any hardware and third-party software.

We pride ourselves on being incredibly adaptive and versatile, and we tackle every request with a “can do” mentality. You are welcome to talk to us if you need something altered. If you have any queries or would like more information, please get in touch with us. We are eager to collaborate with you on your project!

Payment Terms

• All prices are quoted in US dollars or Indian Rupee (Mentioned above) and are inclusive of all taxes.
• All invoices must be paid for in accordance with the schedule using the method that you opt for.
• Unless both parties agree differently, payments must be made within 5 working days of each milestone or timetable. Prior to the launch of the website, application, or project, the final payment must be made.
• Acceptance of the estimate, milestone, delivery, project, and terms & conditions is presumed upon receipt of payment.
• The customer’s payment for the desired service may be negotiated, and Digital Creatings maintains the right to reimburse the appropriate portion. We will return 75% of your payment if you decide to cancel your purchase after completing the payment but before the work has started. If an order is cancelled after work has begun, a maximum refund or fee of 50% of the invoice will apply. If a cancellation is made after more than 50% of the work has been completed, there will be no refund. Once the refund is approved by Digital Creatings it will be processed and credited within 7 working days. Any cancellations must be made in writing and transmitted by email, or conventional mail.
• Please get in touch with the accounts manager as soon as possible after getting the invoice or reminder emails if you are having trouble making a payment or have any questions about the invoice.
• Email is typically used for all interactions and conversations. It is the client’s duty to keep us informed of any relevant email addresses.
• On our own servers or hosted domains, Digital Creatings typically creates and tests the websites/applications. Upon full payment of all invoices and dues, the website/application will be moved to the designated 3rd party server. 

Disputes, Liability, and Indemnity

Digital Creatings maintains the right to bill the customer in full for the work completed as well as the resources used to resolve the dispute in the event of a dispute. Digital Creatings maintains the right to charge the client in this situation without honouring any prior, good faith-awarded reductions. Digital Creatings will never be held responsible for losses brought on by misrepresentation or incorrect information.

If a client does not adhere to our operating principles and policies, Digital Creatings has the right to reject service.

Digital Creatings offers its services “as is,” with no warranties on security or other problems that can result in data loss, lost sales, or damaged reputation. We do our best to keep our systems and servers safe from hackers, viruses, intrusions, and other online and offline issues, but we cannot be held responsible if services are interrupted for any reason.

Digital Creatings has autonomous relationships with all of its partners, suppliers, and subcontractors. None of the parties has the ability, right, or authority to bind the other, interfere with them, or assume or create any express or implicit duty or responsibility on their behalf or in their names.

Client agrees to hold harmless Digital Creatings, its licensors, content providers, service providers, employees, agents, officers, directors, contractors, and subcontractors (collectively, the “Indemnified Parties”) from any violation of these Terms and Conditions or any other terms, conditions, policies, or procedures contained herein, including, without limitation, any use of content that is not expressly permitted by these Terms and Conditions. Client acknowledges that the indemnified parties shall not be liable for any such breach or unauthorised use, and you agree to defend, indemnify, and hold the Indemnified Parties harmless from and against all loss, damages, judgements, awards, costs, expenses, and attorneys’ fees related thereto. Additionally, you agree to defend and indemnify the Indemnified Parties against any liability claims made by third parties resulting from your use of the information obtained from Digital Creatings.

The following events are examples of those for which Digital Creatings shall not be held responsible: acts of God, fire, lightning, explosions, war, civil unrest, floods, earthquakes, labour disputes (whether or not involving their employees), extremely severe weather, acts of local, state, or federal governments, or other competent authorities.