BLACK SWAN Terms and Conditions 

The Black Swan is an Internet web design service provider offering the Client graphical design, HTML, CSS, JavaScript, PHP, and working on other related computer programming languages. Black Swan also provides Web development, Print designs, Application software, Corporate Branding and Identity, Social Media Promotions, and Mobile App development.

The obligation of Black Swan

  • Complete the Development of the Website/Application/Software within a specified timeframe.
  • Provide the Hosting Services where purchased.
  • Grant to the Client the non-exclusive right and license to use the Website Materials.

Provision

  • Though every effort will be made to ensure that the website and any work done by Black Swan is free of errors, we cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.
  • Any work done (unless specifically agreed) by BLACK SWAN remain the copyright of BLACK SWAN and may only be commercially reproduced or resold.
  • Black Swan cannot take responsibility for any copyright infringements caused by materials submitted by the client.
  • In accessing the website you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold, or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying, and/or printing of pages of the website for personal, non-commercial home use only.
  • The Client shall co-operate with Black Swan and provide on request Materials in the format that Black Swan requests, including all those necessary to maintain the Website.
  • Black Swan reserves the right to charge an according to the amount for any correction to the final product or further additions.
  • BLACK SWAN will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents.
  • BLACK SWAN will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software, or any material provided by its agents.

Quotation Validity

  • The quotation is valid only for 7 days. Prices are subject to change without notice after the expiry of the quotation.

Payment & Termination

  • Black Swan will work only 100% advance payment mode.
  • Maintenance fees will be paid separately.
  • If the Client cancels an order at any time before final delivery Black Swan shall be entitled to its reasonable losses and expenses incurred to the date of cancellation and the client shall pay to Black Swan the Cancellation Fees of 75% of the total of the complete package ordered.
  • Black Swan shall be entitled to immediately restrict, suspend or terminate without notice the Client’s access to and use of the Website.
  • Black Swan will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen contingency beyond the reasonable control of such party including without limitation Internet outages, communications outages, fire, flood, war or act of God.

Content Clauses

  • The project will commence within 24 hours after the payment is made by the Client. The content for the concerned website/application/project should be provided within 7 days from the time of payment. If the content is not provided within the 7 days, there will be an additional charge of 10% of the total project cost. The Client will be granted an extended 10 days.
  • If Black Swan will help to develop content for the client, then the price of the content writing charged separately.
  • The project is considered invalid if the Client fails to provide the content within the extended time period. Once the project is canceled, the complete payment is not refundable.

Development Phase

  • Design Phase
    • Black Swan shall develop and deliver to the Client the Demonstration version;
    • Upon delivery of the Demonstration Version, the Client shall request in writing any changes required to the Demonstration Version after which period Black Swan shall inform the Client, in its reasonable opinion, of which amendments it shall consider acceptable, appropriate, and technically feasible and Black Swan shall incorporate such amendments into the Development Version;
  • Final Phase
    • Black Swan shall Develop and deliver to the Client the Development Version.
    • Upon delivery of the Development Version, the Client shall within 5 days request in writing any changes required to the Development Version after which period Black Swan shall inform the Client, in its reasonable opinion, of which amendments it shall consider acceptable, appropriate, and technically feasible and Black Swan shall incorporate such amendments into the Final Version.
  • Black Swan reserves the right to charge further sums in addition to the Fees for amendments requested by the Client. Such additional Amendments Fees will not be charged without prior written notice.
  • Black Swan shall deliver the Final Version incorporating the agreed amendments to the Client.
  • Where applications or sites are developed on web hosting servers not provided by Black Swan, the client is expected to provide or seek any information, additional software, support, or co-operation about the server required for the application to be correctly developed. Where large applications are to be developed, it is the client’s responsibility to provide a suitable testing environment which is identical to the final production environment.
  • The client is expected to test fully any application or programming relating to a site developed by Black Swan before being made generally available for use. Where “bugs", errors, or other issues are found after the site is live, Black Swan will endeavor (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief.
  • Whilst web hosting of websites, Black Swan has no guarantees made as to the availability or interruption of this service, cannot accept liability for losses caused by the unavailability, malfunction, or interruption of this service.
  • Fees relating to web hosting or domain names must be paid before the expiration date of the said service. If the fees remain unpaid at the time of expiration, Black Swan with prior notice can cancel the said service and not liable for any data lost as a result of the cancellation.

Maintenance

  • Free Maintenance -Black Swan provides one-year free maintenance towards all kinds of errors that occurred in the run time of the website/application/project. Free maintenance does not include content updating.
  • Upon delivery of the Final Version and for 12 months thereafter, Black Swan shall provide the Maintenance Services and the Client shall pay the Fees. Inclusive Updates/adjustments are classifiable as work taking no longer than 30 minutes and are only offered if specified in the quantity on the order form. Extra time for work may be charged for at Rs.5000/Hour. Maintenance includes an annual license as described in these terms for one year.
  • Thereafter the Client shall be entitled to request that Black Swan continue to provide the Maintenance Services at the prevailing rates and for such period as the Parties shall agree.
  • The Maintenance Services shall not include providing a server or server connection.

Alteration Work

  • In case of any alterations, the changes should be informed within the first four days after the initial work has been submitted. Black Swan will not undertake any further works unless confirmed by the Client at the specified time period.

Redesign Clauses

  • If changes are suggested by the Client after the completion and approval of the entire website/application/project, it will be considered as redesign and are chargeable Rs. 5000/Hour.
  • Detection of errors in contents or designs by the Client, if any, will be rectified immediately.
  • After completion of the project, Black Swan will upload the whole work in the server and the link will be sent to the Client for testing. The whole work will be uploaded in transferred/made live by Black Swan.

Technical Support

  • Phone and email support are available Monday through Friday, 10:00 AM to 5:30 PM Central Standard Time – excluding weekends and observed Holidays.
  • Support availability may occasionally vary from stated hours due to downtime for systems and server maintenance, company events, and circumstances beyond the control of Black Swan.
  • Phone support requests will be handled in the order in which they are received. Agreement-based email support requests will be processed within one (1) business day.
  • Support Agreements will be directly associated with the Black Swan Invoice. Customers will be required to provide the Invoice and/or Support Agreement ID before receiving support.
  • Platinum Plan
    • Black Swan will provide the Client with unlimited telephone and email technical support assistance (“Support Services") for the full term of the Support Agreement(s), depending on Support Agreements(s) purchased. Term(s) begin upon the Black Swan Invoice date for the one year.
  • Diamond Plan
    • Black Swan will provide Client 5 telephone and unlimited email technical support assistance (“Support Services") for the full term of the Support Agreement(s), depending on Support Agreements(s) purchased. Term(s) begin upon the Black Swan Invoice date for the one year.
  • Gold Plan
    • Black Swan will provide email technical support assistance (“Support Services") for the full term of the Support Agreement(s), depending on Support agreements(s) purchased. Term(s) begin upon the Black Swan Invoice date for the 6 months.

Renewal Fee

  • Domain, technical Support, hosting server, and webspace renewal fee will be charged every year, client should pay in advance before 30 days of expiration.

Transfer of the Domain/Handover the Credentials

  • If the client wants to move/ transfer his domain/services to another company should ask for secure code in written or by email before the 30 days of the expiration of the domain. The secure Code/ EPP Code will be provided to the client by Black Swan free of cost.
  • Credentials / cPanel (with Login details) will be handed over to the client on written email request, After handover the credentials to the client, Black Swan cannot be held responsible for any changes made to the website by the client or by the client’s agents.
  • The free maintenance clause will be null & void on immediate effect after credentials handover.

Intellectual Property Right

  • All Intellectual Property Rights of whatever nature in material devised by Black Swan including all software/Application/Plugin code written by Black Swan and its employees will vest in and belong to Black Swan free of any interest of the Client or any third parties.

Bugs & Virus

  • All software/Application/Plugin created by Black Swan is cross-checked for Viruses using authentic Antivirus and Black Swan accepts no responsibility for & bears no liability for any viruses discovered after Black Swan delivery of the Final Version to the Client.
  • Black Swan recommends that all software/Applications/Plugin created by Black Swan is cross-checked for Bugs and will use its reasonable endeavors to check for Bugs, there is no responsibility & liability of Black Swan for and bears for any Bugs discovered subsequently.

Material

  • On receipt of the Final Version, the Client should collect all Materials incorporated in the product. If these are not collected within 15 days of delivery of the Final Version Black Swan reserves the right to dispose of them.

Betting, Gaming, and lotteries Act

  • The Client undertakes that it will not use the Website for competitions within the meaning of the Betting Gaming and Lotteries Act 1963 or the Lotteries and Amusements Act 1976 and the Betting and Gaming Duties Act 1981 without full prior consultation with Black Swan and first obtaining licenses under those Acts or any amending legislation.

Financial Service Act

  • The Client undertakes that it will not carry on or purport to carry on chit fund or investment business through the Internet or advertise such services unless authorized to do so under the Financial Services Act 1986.

Data Protection Act

  • The Client undertakes that it will not collect data from or via the Website without obtaining the appropriate registration and otherwise complying with its obligations under the Data Protection Act or equivalent legislation.

Obscene & Defamatory Material

  • There is no warranty or guarantee, and explicitly, and unequivocally excludes all responsibility and liability, for all and any information, and material contained on or within the Website, or on the Internet, as a result of Black Swan providing the Package and services, whether such information or material is included by the Client personally, by any third party or by Black Swan on the instructions of the Client.
  • Black Swan shall have no liability to any person and the Client shall indemnify and hold harmless Black Swan in respect of all such information and material including without limitation any material that is offensive, obscene, defamatory, or inflammatory.

Telecommunication & Broadcasting

  • The Client must undertake that it will obtain all necessary licenses under Indian Telecommunications and Broadcasting Legislation.

Competition

  • The Client agrees and accepts that it may be subject to European and Indian law on anti-competitive practices including without limitation abuse of a dominant position and concerted practices.

Indemnity

  • The client undertakes that it will obtain all necessary licenses and permissions required throughout the world for any activities that it conducts through the Internet.
  • It will indemnify Black Swan against all actions, claims, costs (including legal costs and expenses properly incurred), damages, demands, or liabilities brought against or suffered by Black Swan as a result of any breach by the Client of its obligations under this Agreement.

General

  • These Terms constitute the whole and only agreement between the Black Swan & Client and shall apply to the exclusion of all other terms or conditions of the contract.
  • Nothing in these terms shall be deemed to constitute a partnership or agency relationship between the Black Swan & Client and neither of the Parties shall do or suffer to be done anything whereby it may be represented as a partner or agent of the other party.
  • The Website is provided on an “AS IS" and “AS AVAILABLE" basis. To the extent permitted by law, Black Swan will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the website.
  • Black Swan makes no warranty that the functionality of the website will be uninterrupted or error-free, that defects will be corrected, or that the website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
  • If at any time any part of these terms and conditions is or becomes unenforceable, such part will at Black Swan option be construed as far as possible to reflect the Black Swan & Client intentions, and the remainder of the provisions will remain in full force and effect.
  • No forbearance, delay, or indulgence by either Black Swan or Client in enforcing the provisions of this Agreement shall prejudice or restrict the rights of that party nor shall any waiver of rights operate as a waiver of any subsequent breach of this Agreement.
  • Neither Party shall assign the benefit or burden of this Agreement without the prior written consent of the other Party.
  • Shall be considered the place of first publication of any material on the internet or Website.
  • These Terms and Conditions are made and shall be construed by the laws of Indian Panel Code and Black Swan & Client submit to the exclusive jurisdiction only of the Haridwar District Courts.

Liability

  • Black Swan shall not be liable for loss of turnover, sales, revenue, profits, or indirect, consequential, or special loss.

All Rights Reserved @Black Swan

  • “Demonstration" or “Demo" means a Non-Development version of the website developed by the specifications;
  • “Development" means a Development version of the website incorporating the required changes to the Demonstration version;
  • “Parties" means Black Swan and the Client both;
  • “Specifications" means the specifications for the Website set out in the Order Form;
  • “Develop" means to design, write, build, and program the multimedia and internet products.
  • “Maintenance Fees" means that part of the Fees attributable to the Maintenance Services as set out in the Order Form;
  • “Cancellation Fees" means the sums payable by the Client if it decides not to proceed with the Package as set out in the Order Form;
  • “Final Version" means the final version of the Website prepared by the Specifications and ready for live installation such that the website will be publicly available on the internet on the agreed domain;
  • “Hosting Services" means the services required for the Website to be connected to the Internet.
  • “Bug" means any fault, error, or malfunction in software which materially affects the operation of that software;
  • “Virus" means a self-replicating computer program which is designed to cause or which is likely to cause damage to the user’s files and/or annoyance to the user;
  • “Materials" means source materials provided by the Client to be incorporated where appropriate in the Website during its development including without limitation those listed in the Order Form;
  • “Intellectual Property Rights " means Copyright, Design Rights, Registered Designs, Trademarks, Patents, and Confidential Information and Ideas and Moral Rights and all other rights whatsoever of a like nature worldwide whether those rights are registered or not;
  • “Maintenance Services" means the services for the maintenance of the Website, if required, as more specifically described in the Order Form and not relating to web hosting services;
  • “Website" means the interactive, computer-based online information transaction and communication product or service accessible and operated via a telecommunications connection to the internet whose Development shall be by the Specifications;
  • “Order form" means either an email confirming services required or a completed form confirming services required;
  • Words denoting the singular shall include the plural and vice versa and words denoting any gender shall include all genders.
  • The headings of the paragraphs of this Agreement are inserted for convenience of reference only and are not intended to be part of or to affect
  • the meaning or interpretation of this Agreement.
  • In consideration of the payment by the Client to Black Swan agrees to provide the Package by and subject to these terms and conditions. Black Swan will carry out work only where a written purchase order is provided by Email.

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