Terms of Servicese

By accessing the website www.orbesterinfotech.com and confirming order with us (Orbester Infotech Pvt Ltd), you acknowledge your acceptance on below mentioned Terms and Conditions:-

QUOTATIONS AND ESTIMATES

• All quotations and estimates provided by Orbester Infotech Pvt Ltd are valid for a period of 15 days from date of issue. Quotations not accepted within this time frame may be reissued.
• All quoted prices, excluding where indicated, do not include Goods and Services Tax.
• All estimates will need to be formalized to a quotation or invoice before acceptance by either party as the final cost of the application.
• Orbester Infotech Pvt Ltd reserves the right to suspend the services/quotation at any time, without any prior information.

PAYMENT TERMS

• All customers are requested to make the payment to Orbester Infotech Pvt Ltd's bank account by using Net Banking or Cash Deposit or by Cheque deposit. The bank detail is available at below link -
  www.orbesterinfotech.com/online-payment.php
• All customers are advised NOT to make any payment to our partners / agents account.
• In case of the payment made to our agent and any dispute arises, Orbester Infotech Pvt Ltd will not be accountable or responsible to resolve the dispute.
• All quotations provided by Orbester Infotech Pvt Ltd, require a 50% deposit to commence the services. Orbester Infotech Pvt Ltd has the rights to suspend / cancel the service in case the payment is not received on time. Therefore, all customers are requested to make the payment on time.
• Any cost arising from payment clearings or transaction charges are solely the responsibility of the client and will be charged as such.
• Orbester Infotech Pvt Ltd 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.
• The AMC percentage shall be decided by the Orbester Infotech Pvt Ltd; which depends upon the amount of efforts and work required. This percentage of AMC may vary each year.
• The recurring / renewal amount of the domain and hosting are subjected to change as per the market rates.
• Orbester Infotech Pvt Ltd disclaims all warranties or conditions, whether expressed or implied, (including without limitation implied, warranties or conditions of information and context).

RESIDENCY REQUIREMENTS

• Minimum requirements for where the completed application will reside, will be provided on all Orbester Infotech Pvt Ltd quotations.
• The quoted cost on a Orbester Infotech Pvt Ltd quotation is only valid if the minimum residency requirements are met or exceeded for said quotation.
• Orbester Infotech Pvt Ltd can provide, as an additional service, a package that will meet the stated requirements. The package offered will provide the most streamlined and costeffective installation of the quoted application.
• If a Orbester Infotech Pvt Ltd package is not used to host the completed application, Orbester Infotech Pvt Ltd 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.
• Orbester Infotech Pvt Ltd 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 Rs.500 (USD 10) per hour. The minimum cost for this will be 4 hours at the above mentioned rate.

INTELLECTUAL PROPERTY

• Unless specified all quotations provided by Orbester Infotech Pvt Ltd, do not include any source code license.
• All source code and associated intellectual property relating to said source code, developed by Orbester Infotech Pvt Ltd, solely remains the property of Orbester Infotech Pvt Ltd, except where specific code license has been issued to the client and said issuance has been indicated in writing from Orbester Infotech Pvt Ltd.
• Orbester Infotech Pvt Ltd reserve the right to implement licensing features within the quoted application, except where code license has been issued by Orbester Infotech Pvt Ltd.
• Any alteration, reverse engineering, or manipulation of any kind on the code, compiled or otherwise, created by Orbester Infotech Pvt Ltd Software 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 Orbester Infotech Pvt Ltd 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 Orbester Infotech Pvt Ltd code license for the quoted application.

CANCELLATIONS

• Should the client wish to cancel acceptance of the quotation, Orbester Infotech Pvt Ltd 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 Indian legislation regarding publication.
• The client shall further indemnify Orbester Infotech Pvt Ltd in respect of any claims, costs and expenses that may arise from any material included within the quoted application by Orbester Infotech Pvt Ltd at the client’s request.
• Orbester Infotech Pvt Ltd reserves the right not to include any material supplied by the client within the quoted application if Orbester Infotech Pvt Ltd deems said material inappropriate of offensive.
• Orbester Infotech Pvt Ltd will not populate the application with the final content unless said content is delivered to Orbester Infotech Pvt Ltd 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, Orbester Infotech Pvt Ltd will offer this service at Orbester Infotech Pvt Ltd’ 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 Orbester Infotech Pvt Ltd.
• Supply of said material by the client to Orbester Infotech Pvt Ltd 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 Orbester Infotech Pvt Ltd 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

• Orbester Infotech Pvt Ltd will pursue due care to ensure applications or products create by Orbester Infotech Pvt Ltd are free of errors.
• Orbester Infotech Pvt Ltd will correct any errors made by Orbester Infotech Pvt Ltd staff in the undertaking of the quoted application. This effort may or may not be chargeable as it depends upon scope of work and warrantee period.
• Orbester Infotech Pvt Ltd does not accept responsibility for losses or damage arising from errors within any application or products.
• Orbester Infotech Pvt Ltd does not accept responsibility for errors, damages, losses or additional costs that relate to third party products that Orbester Infotech Pvt Ltd may require completing the quoted application.
• Orbester Infotech Pvt Ltd will pursue due care to ensure applications create by Orbester Infotech Pvt Ltd are free of errors.
• Orbester Infotech Pvt Ltd will correct any errors made by Orbester Infotech Pvt Ltd staff in the undertaking of the quoted application.
• Orbester Infotech Pvt Ltd does not accept responsibility for losses or damage arising from errors within any application.
• Orbester Infotech Pvt Ltd does not accept responsibility for errors, damages, losses or additional costs that relate to third party products that Orbester Infotech Pvt Ltd may require completing the quoted application.
• Orbester Infotech Pvt Ltd does not accept the responsibility in case the customer's operator deletes or corrupts the data from the application. In such cases, there is no guarantee that the data will be recovered in correct format.
• Orbester Infotech Pvt Ltd does not accept the responsibility in case the customer's operator shares the credential or data with third party or person.

ALTERATIONS

• 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.
• Orbester Infotech Pvt Ltd 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 Orbester Infotech Pvt Ltd are required to correct said alterations or errors resulting from said alterations, induced, injected or otherwise caused by parties other than Orbester Infotech Pvt Ltd, the client will be charged at the hourly rate that is current for Orbester Infotech Pvt Ltd at the time said errors are to be fixed.

COMPLETION OF WORK

• All timeframes offered by Orbester Infotech Pvt Ltd to the client are estimates. The intrinsic nature of software development and its intricacies do not offer Orbester Infotech Pvt Ltd the luxury of defining definite timeframes.
• Orbester Infotech Pvt Ltd will endeavour to complete all work within the estimated timeframes discussed with the client in the quotation. However, Orbester Infotech Pvt Ltd 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.
• Orbester Infotech Pvt Ltd will not release the quoted application unless all payments have been met under the obligations of the quotation or work agreement.
• If Orbester Infotech Pvt Ltd 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 Orbester Infotech Pvt Ltd.
• The quoted application remains the property of Orbester Infotech Pvt Ltd Software until all obligations have been met for release of said application to the client.
• If Orbester Infotech Pvt Ltd 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 Orbester Infotech Pvt Ltd's Terms and Conditions may be amended, revised, changed, updated or modified by Orbester Infotech Pvt Ltd with or without notice. Please review this link on a regular basis for changes. Continued use of this Site following any change to the Orbester Infotech Pvt Ltd Terms and Conditions constitutes your acceptance of any such change to the Orbester Infotech Pvt Ltd Terms and Conditions.

JURISDICTION

Orbester Infotech Pvt Ltd is registered in Noida, Gautambudh Nagar, India. The Courts of Law at Noida, Gautambudh Nagar, India shall have exclusive jurisdiction over any dispute arises related to Work Agreement, Payment, Delivery of Work, Work Quality, Scope Finalization, Maintenance, Data Loss etc.

REFUND & CANCELLATION POLICY

Customers are requested to view Orbester Infotech Pvt Ltd's Refund & Cancellation policy at below link -
http://orbesterinfotech.in/Refund-Cancellation-Policy.php

PRIVACY POLICY

Customers are requested to view Privacy Policy at below link-
http://orbesterinfotech.in/Privacy-Policy.php

DISCLAIMER

Customers are requested to view Disclaimer at below link-
http://orbesterinfotech.in/Disclaimer.php

CHANGES

Orbester Infotech Pvt Ltd may at any time, without prior notice under its sole discretion, amend this policy from time to time. You are therefore requested to review this policy periodically. Your continued use of Orbester Infotech Pvt Ltd’s website after any such amendments automatically implies your acceptance of the same thereof.