1. Contract: The client's approval for work to commence shall be deemed a contractual agreement between the Client and EasyRentals. The approval for the work can be through either an email confirming back the quote (with the quote document attached) or the quote document signed by the client.
Whereas, EasyRentals is in the business of providing consultancy and allied services on computer-based information technology, to its clientele, including any affiliates, subsidiaries, and divisions of EasyRentals' Clients and customers (hereinafter referred to as "customers") and EasyRentals is in the business of producing software, designs, software planning documents/diagrams, and creative works for its customers whether copyrightable/patentable or not (hereinafter referred to as "Product" or "Products").
Now therefore, in consideration of mutual promises, covenants, and conditions set forth herein, the parties hereto agree to the terms mentioned in this agreement/proposal.
Important: Payment of the advance fee indicates that the Client accepts these terms and conditions, and approves to commence the work.
2. Usage of EasyRentals Services/Products/Solutions: Client agrees not to use EasyRentals' services/products delivered for any business which is harmful to society or children or is illegal. Further, the Client is fully responsible for all and any content published/distributed or allowed to be published/distributed through the Client's website whether hosted on servers owned/maintained by EasyRentals or by the Client himself. Client shall execute the best possible precautionary and security measures to restrict any illegitimate use of the services/solutions procured from EasyRentals.
3. 1 Year Free Technical Support: EasyRentals provides 1 year of free technical support for following kinds of issues:
The above support is not available if the errors/bugs arise due to any external entity. Examples:
The above support is not available for following kinds of instances, unless otherwise specifically covered in the scope of the project and/or deliverables:
4. Photography and graphics: Both parties agree to abide by the following terms:
5. Browser compatibility: EasyRentals makes every effort to design pages that work flawlessly on most popular current browsers i.e. latest version of IE/FireFox/Chrome released on the date of the project agreement. However, EasyRentals cannot be held responsible for pages that do not display acceptably in newer versions of browsers released after pages have been designed. IE11 and older IE versions are outdated browsers and hence we don't design with them in mind. We recommend using the latest version of Chrome or Firefox instead of older versions of Microsoft Internet Explorer. EasyRentals can work on improving UI/UX for older versions of Internet Explorer for an additional charge.
6. Search Engine Submission: Following services are not part of the project unless agreed otherwise in writing:
7. Site maintenance: Unless otherwise agreed in writing, the following services will be separately billed after the website has been made live:
8. Content: After EasyRentals has delivered the website to the Client, the Client is solely responsible for the content/information/images posted on their website. If there is any error or omission by the EasyRentals team while uploading/posting the content/information/images on the Client's website, EasyRentals will correct it if reported to EasyRentals representatives.
9. Material: All material supplied by the Client shall remain the Client's property. EasyRentals rightfully believes that this material belongs to the Client and that it does not breach any copyright laws. Under no circumstances shall EasyRentals be held responsible for any claims, damages, and loss of profit or reputation caused to Client due to the use of material provided by the Client.
10. Domain names booked by EasyRentals on behalf of Client: EasyRentals provides domain name consultancy if required. Domain names registered by EasyRentals on the Client's behalf are property of EasyRentals until the Client has paid for the domain booked and any fee involved.
EasyRentals agrees to transfer such domains to the Client or his/her agent when asked to do so provided that all accounts have been settled.
Note: Domains booked and owned by Client are not subject to this term. This term applies only to those domains which are booked by EasyRentals upon the request of the Client.
11. Travel Time and Expenses: Traveling time to and from the Client premises is not generally included in our estimate. If a visit/travel is required for meeting, the Client will bear all the expenses or as agreed by both parties.
12. 3rd Party Add-ons/services/applications: All third-party costs arising from the registration of a domain name/purchase of third-party utilities/services shall be met by the Client and are payable to EasyRentals before a formal application for registration is made. Examples of third-party fees are as under:
13. Examples of work: Unless negotiated otherwise, EasyRentals retains the right to list/display the client name and logo with or without work performed (Design/Development/Online Promotion) for the Client in its respective portfolios and promotion materials. This overrides all previous agreements and NDAs signed.
14. Quotations: The price quoted to the client is for the work agreed in the proposal document only. Should the client decide that changes are required after the project work has been initiated, then EasyRentals will provide a separate quote for the additional work and may need to review the timescale for completing the project. Cost estimates and prices quoted are valid for a maximum of one month unless otherwise agreed.
15. Mode of Payment
16. Payment Terms:
17. Cancellation: Both parties reserve the right to cancel the project at any stage.
18. Penalty Clause
(A) Penalties applicable on EasyRentals:
EasyRentals agrees to finish the project as per the detailed project scope agreed to, within the agreed timeline. If there is a delay in finishing the project, EasyRentals agrees to a penalty of X % of the original project price for each week's delay in submitting the Project for the final review to the Client. If the EasyRentals delays the project submission for the Client's final review by more than 8 weeks, then Client can request for cancelation of the project and seek a full refund, however, the refund amount shall not exceed the originally agreed project price (excluding the Amount Charged for additional requirements and change requests). The amount charged for additional requirements/change requests shall not be refunded.
X% = 50/Project Duration Weeks (Calendar Weeks); X% should not exceed 4% unless otherwise explicitly agreed to.
Penalty Amount/Refund applicable shall be adjusted against/out of the pending amount owed by the client EasyRentals and any remaining amount shall be refunded to the client via wire transfer or PayPal or any other mode of payment as per mutual agreement.
Once a full refund has been issued, the project shall be marked cancelled and EasyRentals shall be relieved from all liabilities towards the client and the client shall not make any claims, objections, or demands from EasyRentals for any loss or damages incurred at his/her end due to the delay. EasyRentals shall own all rights on the work done, designs, scripts, documents, other outputs and elements created for the project and client shall not use any of the work, scripts, designs, or documents already delivered. The Client shall be liable to pay full project price in case Client uses or copies any piece of the work, design, script, elements and documents produced by EasyRentals for the project.
(B) Responsibilities applicable on Client:
The Client should provide all comments, feedback, and suggestions about the project scope during the Detailed Project Scope Documentation phase; subsequently, any changes or modifications or enhancements done to the project scope would be additionally chargeable with or without delivery timelines revision. And if there are changes that are accepted by EasyRentals without additional charge, the timeline should extend by the number of days required to implement those additional non-billable items.
19. Delayed Response From Client Side: Unreasonable delays from the Client side in providing the required feedback/information/data to finish the project shall exempt EasyRentals from meeting the timelines mentioned in the quote.
In case the Client does not provide the required details/data/information for more than 15 working days, the Client authorizes EasyRentals to forfeit the payments made towards this project.
In case, during the project duration, the client does not maintain communication with EasyRentals for more than 30 calendar days, the Client agrees that the project/services shall be deemed as received and accepted by the Client, and the client further authorizes EasyRentals to mark the project completed and invoice the client for remaining un-invoiced amount as per the total project price agreed.
However, the Client can instruct EasyRentals to put the project on-hold provided:
20. Escalation: EasyRentals ensures Clients get the right assistance to resolve issues in a timely manner. If your concerns are not entertained to your satisfaction, you can escalate critical issues to a higher level of management. You may follow the below-mentioned escalation matrix to avoid any delay or discomfort in the event of dissatisfaction.
21. Time Estimates: The Client agrees that stipulated timelines cannot be met if the project scope is changed by the Client once the project scope document is finalized. The Client agrees not to change the requirements without extending the original agreed timelines by a minimum of 1 week against each change request.
22. Share in profits from business or sale of business: After the Client makes the agreed payment for the project, EasyRentals will not claim share in the Client's profits from the business or from the sale of the business to some other company.
23. Copyright/Ownership Rights: EasyRentals will retain the copyright of any material, including design, artwork, and source code, created for the client by EasyRentals. EasyRentals reserves the right to retain the copyright on all material created by EasyRentals unless otherwise agreed between the two parties in writing. As per the agreed terms, the Client owns rights on the following items:
24. Ownership of Code and Intellectual Property Rights: Unless otherwise agreed, EasyRentals is the owner of the source code and the intellectual property rights and reserves the right to reuse the code for other projects. The following terms shall be applicable and obliged:
25. Termination of the agreement: If either party terminates this Agreement for any reason, the parties will continue to perform all of their respective obligations under this Agreement
26. Single Domain License: Unless otherwise agreed, the Client agrees to set up the scripts delivered only on one domain, one sub-domain (wip.yourdomain.com) and localhost. However, if the Client wishes to run the same website on a different domain/sub-domain, then the Client has to purchase a separate license for each domain/sub-domain.
No license would be required for Add-on Domains that will point to the main domain where this system will be implemented. All add-on domains will be forwarded to the main domain from the hosting server and no additional license would be required for these domains.
For every new domain or sub-domain, the Client has to buy a separate license.
27. License Validity Period: Limited period license is issued initially. After 6 months from the date of full payment, a lifetime license is issued. Feel free to contact EasyRentals Support Team, in case your license has expired and payment has been made in full, such issues will be resolved on the highest priority.
28. No recurring costs of license: There is no renewal/recurring license fee. However, if the Client wishes to run same website on different domain or sub domain, then the Client has to purchase a separate license for each domain or sub domain.
29. Use of encrypted files: Unless otherwise agreed, EasyRentals can use its own framework (code library in encrypted format) for web applications development for making source code of our intellectual property/scripts secure from other programmers; faster turnaround time; and bug-free application development. The Client will be provided with detailed documentation for using the framework (code library functions). With the help of the documentation provided, other programmers can modify the website functionality. EasyRentals framework is a collection of functions related to Database Manipulation, Images/Files Management, Paging, Form Builder etc. which looks like PHP Functions but have a different syntax than default PHP functions. Other willing and efficient PHP programmers can learn and practice these functions/frameworks within 2-4 days.
Note: In no event, EasyRentals shall be liable to the client or any third party for any damages, including any lost profits, lost savings, or other incidental, consequential, or special damages arising out of the operation of or inability to operate these Web pages or website, even if EasyRentals has been advised of the possibility of such damages. Despite the best efforts of EasyRentals, errors in web page information may occur. At no time will EasyRentals be held responsible for accidentally including erroneous information, extending beyond correcting the error.
Should EasyRentals waive any of these terms on an individual basis, this shall not affect the validity of remaining clauses or commit EasyRentals to waive the same clause on any other occasion.
By agreeing to these terms and conditions, your statutory rights are not affected.
EasyRentals reserves the right to change or modify any of these terms or conditions at any time, but agreements signed before the updates in this agreement remain unaffected. Please feel free to contact us for more info/clarification about any of the terms and conditions mentioned above.