Terms & Conditions
for Blocx IT Labs Private Limited
General Terms of Work, Client Responsibilities and Liabilities
All site content (text and multimedia) will be the sole responsibility of the client to provide to Blocx. Such should be provided prior to commencing the work.
The client is solely responsible to take proper backup of all content on their site/application prior to letting Blocx undertake the required course of action towards meeting the contract. Any loss or damage to existing data shall not be the responsibility of Blocx under any circumstances.
The Contract does not hold Blocx responsible for any data entry, web hosting or custom artwork/graphics related work/tasks unless otherwise specifically mentioned, paid for and agreed to by both the parties towards such. Any artwork, images, or text supplied and/or designed by Blocx on behalf of the client, will remain the property of Blocx and/or its suppliers unless otherwise agreed.
While Blocx will do its best to achieve all deliveries within the estimated time, there may, at times, be a need to extend or adjust time in cases of any unavoidable and non-forecasted situations like those of deployment issues, dependencies, 3rd-Party support, development bottlenecks, resource unavailability due to emergency, communication delays and the like.
Blocx will provide the Client an opportunity to review the given delivery project (Website and Mobile Apps)once we are completed. Blocx shall wait for a period of 7 days to hear any feedback on such shared work/outputs from the client. If the client does not reply within this period, such material will be deemed to have been automatically accepted and approved by the Client.
The Client retains the copyright to data, files and graphic logos provided by the Client and grants Blocx the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting Blocx permission and rights for use of the same and agrees to indemnify and hold harmless Blocx from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. A contract for Application development/or design shall be regarded as a guarantee by the Client to Blocx that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
Blocx will not accept responsibility for any alterations made by the Client or a third party to the Client’s pages/website/mobile application once installed/ deployed. Such alterations include, but are not limited to additions, modifications or deletions.All the services provided are associated with our group of companies, SHAWK LABS Private Limited, OLEOCO IT LABS Private Limited.
Re-work, Add-ons/Enhancements and Billing
Any additional features not envisaged in the scope of work of the original contract would be entertained through a Change Management process and be additionally billed.
Most tweaks and minor changes/re-work are normally may normally be complied with, however, if in Blocx estimation, this is being abused, a list of such works will be compiled being the grounds of abuse and such re-works/tweaks shall be billed additionally per the total time efforts involved and undertaken to achieve the work/tasks at business rates which may be determined by Blocx.
The client must pay the fee charged by Blocx towards any such add-ons/re-works without any deductions, discounts or debt settlement by the agreed due date. Payments
Blocx accepts payments by Cheque, Cash or Bank Transfers (right to decline payment in any of the mentioned forms without notice is reserved). The client will be required to submit a transaction receipt and swift code for the Bank Transfers to aid payment tracking with the bank.
In the event that a client cancels the service prior to completion of the project, they may be liable to pay a cancellation fee The fee will be commensurate to the amount of work completed at the point of cancellation. A non-payment of this cancellation fee and/or overdue amount will result in legal action against the client.
Approvals and Delivery
Blocx will put its best efforts to deliver the products within the agreed timeframe., However dates of delivery are liable to be revised due to inevitable technical reasons. The client is solely responsible to review the product upon its delivery and update feedback within 7 days. If during this period, no response from the client within this period, the project will be deemed to have been confirmed and accepted by the client.
Support and Third Party
Any 3rd-Party support, product and/or service being used/ integrated into the application which requires licensing, payment, copyright, etc. shall be the sole responsibility and liability of and be provided by the client or will be procured by Blocx on behalf of the client on pre-payment for the cost of such procurement.
The fee charged by Blocx is exclusive of out-of-pocket expenses and expense claims filed by third party products/services involved.
No guarantees or warranties shall be provided by Blocx regarding the accuracy, performance or quality of such 3rd-Party product/service.
Any upgrade in the 3rd-Party product/service being used in the project shall not be part
Limitation of Liability
Blocx will employ reasonable skill, care and diligence in providing the contracted service. However, no representation or warranty, express or implied, as to the availability, quality, accuracy, timeliness, completeness, performance or fitness of the service shall be deemed to be made by Blocx.
Blocx hereby excludes itself, its Employees and or Agents from: all and any liability for loss or damage caused by any inaccuracy; omission; delay or error, whether the result of negligence or other cause in the production of the mobile application; All and any liability for loss or damage to clients’ artwork/photos, data/content supplied for the site. This is whether the loss or damage results from negligence or otherwise.
Except in the event of death or personal injury caused by our negligent acts or omissions, we shall not be liable in any way for any damages arising in contract, tort or otherwise in respect of loss or damage arising out of or in connection with this Agreement or operation of the Service. In no event will we be liable for any direct, indirect or consequential damages in contract or tort, including loss of profit, loss or damage to property or relating to claims made by third parties.
Blocx cannot make guarantees of service on behalf of third-party organisations and will not be held liable for the failure in any service provided by third parties.
Severability
If a court finds any provision of this Agreement/ terms of service invalid or unenforceable, the remainder of this Agreement/terms of service shall be interpreted so as best to effect the intent of the parties. Either party may renegotiate the terms affected by the severance.
Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid, illegal or unenforceable provision.
Jurisdiction
The terms of this agreement and the rights of the parties hereto shall be governed exclusively by the laws of India, without regarding its conflict of law provisions.
The parties irrevocably agree that the courts of India shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms and Conditions. The placing of an order will confirm acceptance of these conditions which are attached to the Order.