Terms and Conditions

General Terms and conditions:

  • The website and any programming code remain the property of Omni Webtech until all outstanding accounts are paid in full.

 

  • Any scripts, cgi applications or software (unless specifically agreed) written by Omni Webtech remain the copyright of Omni Webtech and may only be commercially reproduced or resold with the permission of Omni Webtech.

 

For Customers:

 

  • During the project briefing, it is client’s responsibility to provide us with clear guidelines along with the flow or specific details you may require. When such details are not provided, we will proceed with our understanding of your requirements and quote accordingly. At a later stage, if a discrepancy arises, it may lead to additional costs to accommodate the changes. Thus, it is essential that you clarify every aspect of your website development and ensure that you have been quoted on the right requirements.
  • Omni Webtech will carry out work only where a written purchase order is provided either by mail or fax.
  • Once proposal has been finalized, any additions, changes or enhancements in the functionality or design of the project will affect the proposal and may incur additional cost and a revised delivery date. All additional work, over and above the estimates is charged separately. Under no circumstances will Omni Webtech be liable for any delays caused by change in the project brief.
  • Website content and all related materials need to be provided to us within the first two weeks of starting the project. Any delays thereafter may delay the project and may incur additional charges if it goes beyond reasonable timeframe.
  • The client must recognize that at times there may be unforeseen circumstances that will delay the development process, particularly with reference to the integration of third party software. We will try our best to complete the project as agreed in the proposal. As long as it is within a reasonable period, the client agrees not to penalize us for any genuine delay, when every effort to keep the project on the proposed schedule is taken.
  • Omni Webtech takes no responsibility of any of the third party products, software or components used in the website development such as payment gateway, SSL certificates etc. We suggest you to take regular back-ups to avoid any disruptions.
  • Omni Webtech takes no responsibility of any open source products such as WordPress, Open Source carts, Joomla etc. It is client’s responsibility to update all components and third party softwares.
  • Omni Webtech cannot give access to their test servers and test websites to the clients or any third party.

Payment terms

  • Domain registration charges are not included as a part of the proposal unless mentioned otherwise.
  • Hosting charges are not included in the quotations unless mentioned otherwise. Omni Webtech can organize an appropriate hosting solution if required, a quote for which will be submitted separately and approved by the client.
  • Where clients decide to organize their own hosting, we should be consulted before finalizing the type of hosting and database, as it should meet the requirements of the technology used for the development. Please note that we’ll require full access with hosting support for testing and deploying the application. Omni Webtech will not be liable for any delays or errors caused by direct or indirect actions of the hosting company.
  • A deposit of 50% is required with any project before any design work will be carried out.
  • All prices are quoted in Indian rupee.
  • We accept payments via Check.
  • Omni Webtech reserves the right to negotiate and refund appropriate portion of the amount paid by customer towards the requested service. If you cancel your order after making the payment, but the work has not commenced, we will refund 75% of the payment that you have already made. If the order is cancelled after the commencement of work, There will be no refund. All cancellations must be received in writing and can be sent via regular mail, email. Telephone requests on cancellations will not be accepted.
  • All communications/correspondences are generally done via emails. It is client’s responsibility to keep us updated with their relevant email addresses.
  • Any payment relating to the domain name registration renewal or hosting or any 3rd party products or service purchased on behalf of the client will have to be in full and is non-refundable. In case of web-hosting renewals all cancellations must be notified to us 30 days before the renewal date.
  • If client chooses a 3rd party hosting provider prior to starting a project, Omni Webtech will build and test the website on one of our own servers or hosted domains. The website may be transferred-off to the nominated 3rd party server upon full payment of all invoices and dues.

 

Intellectual Property

  • All content of this website is a property of Omni Webtech unless otherwise specified. Omni Webtech reserves the right to change the content or policies without any prior notice.
  • The project related copyrights can be transferred to the client at an additional cost, after the full payment of the project and upon signing the Certificate of Acceptance. Omni Webtech reserves the rights to refuse the transfer of ownership if irregular circumstances arise.
  • Copyrights handed over to the client do not include rights to re-use the code for another website or re-sell the programming codes for any commercial or non-commercial purposes. In the case of business restructuring or ownership change, ownership of the website may be transferred from one owner to another. New owners are not allowed to re-sell or re-use for any commercial or non-commercial purpose. Omni Webtech’s CMS is a proprietary CMS of Omni Webtech and cannot be transferred to any external host.

 

Hosting

  • Hosting is an annual charge which must be paid in advance for the whole year. Except if the client is under one of our Maintenance packages.
  • It is the client’s responsibility to renew the hosting in time ie. Before the expiry date. Failure to renew in time can lead to loss of files, data, emails, backups etc. All unpaid hosting are disabled or deleted from the server.
  • All renewals must be paid by seven working days prior to the expiry date. Omni Webtech will not be responsible for issues relating to delayed payment.
  • Cancellation/Termination:
  • Hosting Cancellation requests must be sent in writing or by email one month prior to the expiry of the same. Once the hosting has been renewed, it cannot be cancelled and must be paid for the full year.
  • If the hosting is not paid and renewed before the expiry date. We reserve the right to disable the hosting and all associated services including emails and dns records. Additional charges will be applicable to re-enable the hosting. Omni Webtech will not be responsible for any loss of data, files, emails, backups, restoration costs etc.
  • If a hosting has been cancelled / disabled then all files, emails, databases and backups will be deleted from the server without any notification to the client.
  • Once all invoices are paid, it is client’s responsibility to request for the files subject to the below:

Emails:

  • All emails are to be downloaded on the client’s computer periodically. Email boxes must be kept within their quota limits. Periodical maintenance may be carried out on the email box and emails older than 6 months are deleted.
  • Client’s must not use the email hosting for inappropriate content and other undesired emails which can result in spamming or infecting the server. Under such circumstances, immediate action will be taken and the required files and data will be deleted without any prior notice.
  • Omni Webtech offer packages in co-ordination with third party providers. Changes to the third party provider’s rules and policies may ultimately affect the services we provide or the terms and conditions herein.
  • Hosting are on shared and non-shared servers hosted via third party providers. Omni Webtech ensures best to our ability that our systems and servers are protected from hackers, viruses, intruders and other online and offline problems, however we will not be held liable for any disruption of services if such situation arises.

 

Domains

  • All domain registrations and renewals are to be paid in advance.
  • Expiration of a domain can result in service disruption and loss of domain.
  • Omni Webtech will not be responsible if a domain expires due to non-payment / late payment of the charges. All payments must be made by seven working days before the expiry date.
  • It is client’s responsibility to renew their domain names with us.
  • All invoices and dues must be paid in full before we release the requested domain name.
  • Omni Webtech has the domains in a common pool account and therefore cannot give access to its domain control panel.
  • Omni Webtech offer packages in co-ordination with third party providers. Changes to the third party provider’s rules and policies may ultimately affect the services we provide or the terms and conditions herein.

Seo

  • All payment is must be paid in beginning of the month in advance.
  • No refund is made in any case.
  • No one can guarantee first page rank as this is subject to time and investment in effort we invest effort in website seo according to seo plan.
  • Generally it takes 3 to 6 months time to show result we will provide you time to time result.
  • Client may need to invest more money for seo.
  • If Client is not satisfied with result Client has to inform by mail to terminate of services one month prior. Charges of that month will also have to pay by client.
  • Client has to pay all due till his termination of services.
  • Omni Webtech has all right to cancel services provided to client by notifying by email.

Annual Maintenance Terms

Basic Annual Maintenance Package Terms:

  • All maintenance packages are for a minimum of 12 months period
  • Maintenance packages are billed annually, however are paid monthly via direct debit on the 1st of every month.
  • Packages include 12 months basic website hosting, email hosting and DNS hosting
  • Packages are designed to serve minor website maintenance tasks only. Larger projects or updates are not included in the package.
  • Package includes one support request per month of up to 0.50 man-hour. Unused man-hours may not be rolled over to the next month.
  • Omni Webtech employs fair use policy, which means that although we don’t formally transfer over any unused time to the next month or formally accumulate unused man-hours, we do understand that your needs may change from month to month, and we allow flexibility in good faith sometimes.
  • Any extra hours used will be billed separately minimum @ Rs 1000/hour incl GST.
  • Support requests need to be sent via email tosupport@omniwebtech.com
  • Any urgent tasks will be charged separately
  • The package is auto renewed every year on its anniversary date.

Payment terms:

  • Monthly maintenance package fees require check payment only. No other forms of payment will be accepted for monthly maintenance.
  • An administrative fee of Rs 2000 will be charged to the clients account for any late payments or Check bounce.
  • More than three missed payments in a year may attract termination of the package and the client will need to pay immediately the entire remaining amount on the package.
  • There are absolutely no refunds for any fees related to the monthly maintenance package.
  • Termination:
  • In case Client need to cancel the auto annual renewal, please inform us in writing at least one month prior to the renewal date.
  • Ongoing term: For any reason if the Client decides to terminate an on-going maintenance package then they will need to pay the balance amount of the remaining months.
  • Omni Webtech reserves the right to terminate annual maintenance at anytime with written notice to the Client.

Development Process

  1. Homepage Design– Once the site design is approved by the client, usually via email consent, the design is considered ready for implementation. Should the client wish to make changes to a design they have approved, those changes are billable at our standard hourly rate.
  2. Navigation– Once site outline/map is approved by the client, usually via email consent, the site navigation is considered ready for implementation. Combined with the approved graphic design, this becomes the site structure. Once we build this structure per client approval, any subsequent changes are billable at our standard hourly rate.
  3. Content– Provision of content is customer responsibility, unless specifically negotiated ahead of time as part of the project proposal.
    • Text content– Copy for all website pages and links needs to be delivered digitally and should be carefully proof-read by the client. Two rounds of revisions will be provided free of charge. Subsequent revisions will be billable at our regular hourly rate.
    • Copy development– Should client wish Omni Webtech to develop content for the site, website copy is billable at our regular hourly rate. Development of copy is accomplished via Omni Webtech Web Development interviewing the client about the topic areas to be addressed on their web pages. Omni Webtech then composes appropriate copy, submits to the client for review, edit, and approval. Approved copy is then posted to the web pages.
    • Graphical content– Images outside of the website design must be provided in digital form, unless otherwise provided for in customer contract. Subsequent revisions will be billable at our regular hourly rate.
  4. Database Implementation– Entry of data for database applications is considered client responsibility. Entry of data by Omni Webtech is billable, unless otherwise provided for in customer contract.
  5. Email We offer free domain-based email accounts to our clients as part of any hosting contract. If site is not hosted by Omni Webtech, we take no responsibility for setting up and troubleshooting email problems.
  6. Training– For websites with administrative control panels or content management systems, two (2) one-hour training sessions will be provided.
  7. Technical Support –We offer local and long-distance phone support to our clients. We do not normally bill for technical support depending on the source of the problem, its severity, and our time invested. If Omni Webtech is not the source of the problem, technical support may be billable.
  8. Cancellation Policy – If site design and development work has already begun (such as creating a design concept), then the down payment is non-refundable. Omni Webtech may elect at its sole discretion to offer a partial refund depending upon the circumstances.

 

Complaints Procedure

Informal procedure

Anyone who experiences a problem with their web service provided by Omni Webtech should raise the matter directly using our online contact form to do so, giving sufficient information to locate the material (such as an url) and clearly outlining the grounds for complaint.

Omni Webtech will approach the individual responsible for the material in question with a view to resolving the matter to the satisfaction of the complainant.

Formal complaints procedure

The formal complaints procedure should only be used where the complainant feels that the nature of the complaint is too serious to be dealt with informally, or where a satisfactory conclusion has not been reached after following the informal procedure.

A formal complaint should be made in writing to Omni Webtech, who will acknowledge receipt and ensure that the matter is looked into as soon as possible.

An initial response to any complaint can be expected within seven days of its receipt; a full and considered response to the complaint should be completed within 30 days and any subsequent remedy implemented with the minimum of delay.