Terms and Conditions

1. All estimates/quotes are based on our understanding of your requirements and as per given time-frame agreed upon in a face to face meeting, email or telephone. Any changes to the functionality including micro-improvements, may incur additional costs accordingly. Please ensure and explain our understanding of your requirements clearly prior to the commencement of the project.

2. Charges for services to be provided by Rudrashil Digital are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 30 days. Rudrashil Digital reserves the right to alter or decline to provide a quotation after expiry of the 30 days.

3. A 50% deposit of the total fee payable under our proposal is due immediately upon you instructing us to proceed with the website. The remaining 50% shall become due when the work is completed to your reasonable satisfaction. We reserve the right not to commence any work until the deposit has been paid in full.

4. The 50% deposit is only refundable if we have not fulfilled our obligations to deliver the work required under the agreement. The deposit is not refundable if the development work has been started after which you terminate the contract through no fault of ours.

5. By accepting a quote, you agree to and accept the terms and conditions of Rudrashil Digital. This acceptance can be via email or payment of Initiation, or signing a quote.

6. We will provide the Client with our estimated time-frame for progress and completion of the Services and we will use reasonable endeavors to meet the time-frame (as long as the Client performs their obligations promptly) but, unless we agree otherwise, any other time-frame or project completion dates are estimates only and we cannot guarantee that they will be met. In any event, we shall have no liability to the Client if we are delayed in performing or are unable to perform any of our obligations under the Contract due to circumstances beyond our reasonable control.

7. You must supply all materials and information required by us to complete the work. The specified time period will start once we get all the materials from you. Such materials may include, but are not limited to, photographs, written copy, logos and other printed material. Where there is any delay in supplying these materials to us which leads to a delay in the completion of work, we have the right to extend any previously agreed upon deadlines by a reasonable amount.

8. In the event where the client is unable to provide all of the materials needed at once, it shall be at our discretion to commence the project, with materials they can provide at the time. It shall also be our discretion to deem the provided material as sufficient enough to commence the project. If the client fails to provide remainder of the materials required to complete the project further, we have the right to invoice the client as per the estimates of the entire project as quoted. In the event that we are unable to complete a Website because of lack of text and/or pictures, then text may be added using sample text and pictures using appropriate library pictures. At this point the Website will be considered completed and invoiced accordingly.

9. Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client and that all photographs and other graphics will be provided in high quality formats fit for uploading on the website.

10. You must obtain all necessary permissions from relevant authorities regarding the use of all copy, graphic images, registered company logos, names and trademarks, or any other material that you supply to us to include in your website.

11. We are pleased to offer you the opportunity to make revisions to the design. However, we have the right to limit the number of design proposals to a reasonable amount and may charge for additional designs if you make a change to the original design specification. Any major deviation from the specification will also be charged.

12. No refund will be made in the event that the Client fails to provide sufficient content to complete the design of the Website. If the Website is an e-commerce website, product entry is the Client’s responsibility.

13. Clients are to ensure that we have included all requirements in the quotes/proposals/estimates and that we fully understand their requirements. Clients must provide us with clear guidelines along with the flow or specific details they may require. When such details are not provided, we will proceed with our understanding of the 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.

14. Rudrashil Digital will make every effort to complete the project/changes in the given time-frame. Reasonable delays are accepted if functionalities are redefined or modified. Reasonable delays are also accepted in the event of failure, or delay, of the Client to provide necessary supplies that may be necessary for us to modify additional changes/requirements.

15. We at times may use paid plugins to provide the functionality you require for your website that will be charged separately. These charges will be stated in project quotations.

16. Any delays at the client’s end, regarding payment, feedback, supply of materials etc. may delay the project and proposed timeframes and may incur additional costs.

17. Any modifications requested during the development or after the Go-Live approval will incur additional charges. All additional work, over and above the estimates is charged separately. Under no circumstances will Rudrashil Digital be liable for any delays caused by change in the project brief.

18. Our websites are generally tested on PCs and include near recent versions of the following browsers Chrome, Firefox. If you require testing to be done on any other browser, please discuss, and state clearly in advance.

19. Responsive/multi-device compatible web pages are tested on Androids, iPhone and iPads. If you require testing to be done on any other device, please discuss, and state clearly in advance.

20. Please note that at any stage during the project, stalling of the project beyond 1 month will incur additional charges. Furthermore, it may increase the previously approved estimates. If you require the project to be put on hold, please advise us in writing in advance. To put the project on hold without incurring additional charges, we will need the account to be up to date based on the work done. Further details can be discussed if such a situation arises.

21. Please note that we reserve the right to not launch your website if the final payment (including any additional charges incurred) has not been done in under 1 month of completion of project.

22. Basic Hosting charges are included in the quotations unless mentioned otherwise. Rudrashil Digital 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, as it should meet the requirements of the technology we use for its development. Please note that we’ll require full access with hosting support for testing and deploying the website. Rudrashil Digital will not be liable for any delays or errors caused by direct or indirect actions of the hosting company. Use of hosting resources by the Client is subject to such use being reasonable; any excessive use (as determined by the hosting Company) will be deemed to be in breach of these Conditions.

23. Rudrashil Digital generally builds and tests the websites on our own servers or hosted domains. We cannot give access to their test servers and test websites to the clients or any third party. The website will be transferred-off to the client upon full payment of all invoices and dues. Rudrashil Digital may determine that a Client is using server resources to such an extent that the Client risks jeopardizing server performance and resources for other Clients. In such instances, Rudrashil Digital reserves the right to suspend the Website immediately, or continue to host the Website but require the Client to pay an additional fee.

24. Rudrashil Digital will advise the Client on selecting domain names and can act as the Client’s agent in registering these at Rudrashil Digital’s stated rates, but cannot guarantee a certain name will be available. The Client will be bound by the standard terms of the naming authority. Rudrashil Digital gives no warranty that any domain name will not infringe upon the Intellectual Property Rights of any third party. Renewals are the sole responsibility of the Client and accordingly Rudrashil Digital accepts no responsibility if a domain fails to be re-registered. If the domain was registered with us, we will notify the Client for renewal and shall accept no responsibility of renewal if the Client fails to do so. Rudrashil Digital reserves the right to levy a charge for any administrative work associated with subsequent hosting or domain name transfers into Rudrashil Digital’s s facilities. Where the Rudrashil Digital acts as the Client’s registration agent, domain names will be registered by Rudrashil Digital and also registered to our current address. Although the domain names are registered to Rudrashil Digital, the Client is the legal owner of the domain and if the Client requests to have details changed or the domain transferred elsewhere, Rudrashil Digital will do this within a reasonable time. All costs involved in detail changes and domain transfers shall be met by the Client.

25. If requested by the Client, Rudrashil Digital will provide an email account on the domain within the quoted costs (or as an alternative, forwarding to an existing email account elsewhere can be arranged or to a G Suite).Rudrashil Digital accepts no responsibility for email server downtime or interruptions in service. Email accounts must not be used for “spam” emailing operations.

26. Notwithstanding any other provision in the agreement, in consideration of the Client entering into this agreement with us, upon full payment of any outstanding invoices, we will grant an unconditional license to the Client to reproduce, publish, communicate, use, exploit, vary, or otherwise deal with 1) the graphics, 2) texts and 3) images used in the published.

27. All communications/correspondences are generally done via emails. It is the client’s responsibility to keep us updated with their relevant email addresses.

28. The Client agrees to allow Rudrashil Digital to place a small credit of our website on their website. This will usually be in the form of a small logo or a line of text placed towards the bottom of the page.
    The Client also agrees to allow Rudrashil Digital to place websites and other designs, along with a link to the client’s site on Rudrashil Digital’s own website for demonstration purposes and to use any designs in its own publicity and portfolios.

29. In certain circumstances, Rudrashil Digital is required by law to collect evidence of identity from its Clients. If the Client fails to supply any due diligence evidence which the Company requests, we will be unable to provide the Services to the Client.

30. All packages are for a minimum of 12 months period. Packages may include 12 months basic website hosting, email hosting and domain if registered with Rudrashil Digital.

31. The Client undertakes that the Website shall not be used directly or indirectly for any unlawful purpose. Unlawful purposes are deemed to include but are not limited to:

(a) Civil and criminal offences of copyright and trademark infringement;

(b) Transmission or display or posting of indecent, obscene or pornographic material;

(C) commission of any criminal offence (including deliberate transmission of computer viruses) as mandated by Cyber Law of India (or a similar or equivalent of the legislation in any country);

(d) Any transmission or display or posting of any material which is defamatory, offensive, or is of an abusive or menacing character;

(e) use of the Website in any manner which is a violation or infringement of the rights of any individual, firm or company within India and elsewhere which, for the avoidance of doubt shall include but not be limited to the use of any materials, photographs and/or images without obtaining the prior consent of any relevant third party;

(f) the use of the Website for purposes generally deemed to be unacceptable, including spamming, hacking, password cracking, pirated software, ROMS, emulators, or IP spoofing or providing “links” or “how to” information to such material.

32. The Client will indemnify Rudrashil Digital against all and any losses and costs that it may incur as a result of any breach of clause 31 mentioned above.

33. The Client will ensure that that the Website complies with the laws, regulations and requirements of any country from which it can be accessed.

34. You must indemnify Rudrashil Digital and hold it harmless from any claims or legal actions related to the content of your website.

35. If the Website is used for any unlawful use Rudrashil Digital may suspend or terminate service immediately and at the same time as suspension or termination occurs, Rudrashil Digital shall notify client. Where suspension or termination occurs, Rudrashil Digital reserves the right to delete all of the Customer’s files (including web pages) without prior notice.

• All work is carried out by Rudrashil Digital based on the understanding that the client has agreed to our terms and conditions.
• Charges for services to be provided by Rudrashil Digital are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 30 days. Rudrashil Digital reserves the right to alter or decline to provide a quotation after expiry of the 30 days.
• A 100% deposit of the total fee payable under our proposal is due immediately upon you instructing us to proceed with the service. We reserve the right not to commence any work until the deposit has been paid in full.

• Unless otherwise agreed to at the briefing stage, all artwork produced remains the property of the Rudrashil Digital This excludes photography supplied or purchased and/or any branding images supplied or not produced by Rudrashil Digital. Any and all Intellectual Property Rights are retained by Rudrashil Digital on all design work, design concepts/ideas including words, pictures, ideas, visuals and illustrations unless specifically released in writing. Intellectual Property Rights in the artwork are licensed for use to the Client on the basis that the artwork may not be modified, re-used or re-distributed in any way or form without the express written consent of Rudrashil Digital prior to making such modifications. By supplying text, images and other data to Rudrashil Digital for inclusion in the client’s artwork or other medium, the Client declares that they hold the appropriate Intellectual Property Rights permissions. The ownership of such materials will remain with the Client, or the rightful Intellectual Property Rights owner.

• If a choice of designs is presented and one is chosen for your project, only that solution is deemed to be given by us as fulfilling the contract. All other designs remain the property of Rudrashil Digital, unless specifically agreed in writing that the arrangement previously agreed to has been changed.
• Charges for design work do not cover the release of our copyright design source files, including but not restricted to indd, psd, AI, png, or other source files or raw code; if the Client requires these files for transfer to an in-house or other designer, they will be subject to a separate quotation or ‘buy-out’ charge.
• Any artwork, images, or text supplied and/or designed by Rudrashil Digital on behalf of the client, will remain the property of Rudrashil Digital unless otherwise agreed in writing. A licence for use of the copyright material is granted to the client solely for the project defined in the scope or request and not for any other purpose whatsoever.
• The client must request in writing from Rudrashil Digital, the necessary permission to use materials (for which Rudrashil Digital holds the copyright) in forms other than for which it was originally supplied, and Rudrashil Digital may, at its discretion, grant this and may charge for the additional usage. Such permission must be obtained in writing before any of the aforesaid artwork, images, text, or other data is used.
• By supplying images, text, or any other data to Rudrashil Digital, the customer grants Rudrashil Digital permission to use this material freely in the pursuit of the design.
• Any design, copywriting, drawing, idea or code created for the client by Rudrashil Digital is licensed for use by the client on a one-time only basis and may not be modified, re-used, or re-distributed in any way or form without the express written consent obtained from Rudrashil Digital prior to making any changes whatsoever.
• The client shall agree to a detailed project specification with respect to any graphic design and branding services to be undertaken by Rudrashil Digital. Any amendments proposed to the project specification must be made in writing and delivered to Rudrashil Digital. If such proposed amendments incur additional expense, Rudrashil Digital is entitled to charge additional costs to cover such expenses. The client agrees that Rudrashil Digital holds no responsibility for any amendments made by any third party, before, during, or after the final proof is signed off by the Client.

• Images which are supplied in an electronic format are to be provided in a format as prescribed by Rudrashil Digital via e-mail. Images must be of a quality suitable for use without any subsequent image processing, and Rudrashil Digital will not be held responsible for any image quality which the client later deems to be unacceptable.
• Rudrashil Digital cannot be held responsible for the quality of any images which the client wishes to be scanned from printed materials.
• Additional expenses may be incurred for any necessary action, including, but not limited to, photography and art direction, photography searches, media conversion, digital image processing, colour correction and alteration of images
• The client is also responsible for arranging, prior to publication, any necessary legal clearance for materials that may require such permissions. Should Rudrashil Digital or the client supply an image, text, data, audio clip or any other file for use in a website, multimedia presentation, print item, exhibition, advertisement or any other medium believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, the client will agree to allow Rudrashil Digital to remove and/ or replace such material without hindrance, or penalty. Rudrashil Digital is to be held in no way responsible for any such material being included. The Client agrees to fully indemnify and hold Rudrashil Digital free from harm in any and all claims resulting from the Client not having obtained all the required Intellectual Property Rights permissions and any other relevant, necessary legal clearances.

• Rudrashil Digital will not include in its designs, any text, images or other data which it deems to be immoral, offensive, obscene or illegal. All advertising material must conform to all standards laid down by all relevant advertising standards authorities.
• Rudrashil Digital also reserves the right to refuse to include submitted material without giving reason. In the situation where any images and/or data that Rudrashil Digital does include in all good faith, and subsequently discovers is in contravention to such Terms and Conditions, the client is obliged to allow Rudrashil Digital to remove the contravention without hindrance, or penalty. Rudrashil Digital is to be held in no way responsible for any such data being included.
• Confidentiality:The Designer acknowledges that he may receive or have access to information which pertains to the Client’s past, present, or future products, vendor lists, creative works, marketing strategies, pending projects/proposals, and other proprietary information. The Designer agrees to protect the confidentiality of the Client’s proprietary information and all physical forms thereof, whether disclosed to Designer before this Agreement is signed or afterward. Unless strict confidentiality is requested by Client in advance of the establishment of this contract, Designer can display materials and final work created for Client on the Designer’s website 
• Client Approval:Upon acceptance of the Work, the Client accepts responsibility for any further processes in which this work is used (e.g. film outpost, printing, etc.) Designer is not responsible for errors occurring in this work or projects related to this work after acceptance of the Work by the Client.
• In certain circumstances, Rudrashil Digital is required by law to collect evidence of identity from its clients. If the Customer fails to supply any due diligence evidence which Rudrashil Digital requests, Rudrashil Digital will be unable to provide the Services to the client.
• Proofs of all work will be submitted for the client’s approval and the Company shall incur no liability for any errors not corrected and communicated by the client in proofs so submitted. Any alterations suggested by the client and additional proofs necessitated thereby may result in additional charges.
• The Client authorises use of all the Client’s logos, trademarks, Web site images, etc., for use in creating informational pages and any other uses as deemed necessary by Rudrashil Digital for search engine positioning and optimisation.
• Social Media
  1. In performing Social Media Services (SMS) Rudrashil Digital shall develop a plan intended to improve the visibility of the client’s business profile on the selected social media sites.
  2. The client acknowledges that the Social Media Services will require the client to enable the agency to make posts on the client’s behalf across the social media sites included with the service in order to influence the visibility and ranking of the client’s profile.
  3. The client shall be responsible for providing Rudrashil Digital with the necessary login credentials to make posts and also for providing copy and/or information necessary for Rudrashil Digital to ensure posts are fully effective.
  4. The client retains full responsibility for maintaining their social media profile and all links and content contained therein.
• In performing the Organic Search Services (OSO), Rudrashil Digital shall develop a plan intended to increase the visibility of the Client’s Website(s) and improve the search ranking of the Website(s) in relation to search terms relevant to the Client’s business, and provide related program strategy and tactical recommendations.(b) The Client acknowledges that the OSO Services will require modification(s) to the Website(s) which may include, but not limited to, changes to site titles, metadata, copy, structure, links, and other factors that influence higher index visibility and keyword ranking.(c) The Client will be responsible for providing appropriate personnel to work with Rudrashil Digital to implement the recommendations provided as part of the OSO Services.(d) The Client shall be solely responsible for operating, maintaining and managing all aspects of the Website. (e) Rudrashil Digital will own the right to search engine optimisation we implement on websites, platforms or applications until all work (including any additional charges incurred before or during the work has been commenced) has been completed and paid for

• Where Rudrashil Digital is to provide search engine optimisation services to the Client: Rudrashil Digital will promote the Website in accordance with the package of Services purchased by the client.

• The search engine targeted will be Google unless otherwise stated.

• Rudrashil Digital will, in its sole discretion, choose suitable sets of words to search for in the search engine and the position in the results obtained using these words will be used for assessing search engine listings. A listing is where the search engine is queried with the words chosen by Rudrashil Digital and the Website address or a link to that address appears in the results returned. The words chosen by Rudrashil Digital will be a test phrase. Although the Website address, or links to that address, will be listed when searching for different words, reports will contain only one test phrase.

• Rudrashil Digital will optimise pages on the Website for the search engine, in accordance with the relevant Service package description (which may include, but may not be limited to, adding, deleting and/or altering text, images, pages, meta-tags, titles, internal and external links and Website structure).

• The client understands that the search engine is an independent company which selects and rank sites using its own criteria and therefore to obtain a high ranking the client must follow Rudrashil Digital’s recommendations for optimising the Website for search engine listing. If the Client fails to follow the Rudrashil Digital’s recommendations then the results achieved by the client’s Company will have considerably less importance than what would be achieved otherwise. We do not guarantee any specific position in search engine results for your website. We perform basic search engine optimisation according to current best practices.

• The client shall assist Rudrashil Digital in ensuring that it has the unrestricted ability to optimise the structure and content of the client’s web pages. Such changes generally have a minimal visual impact. Rudrashil Digital will work directly with the client in order to maintain the original look and feel of the Website.

• Where any changes to the Website made by Rudrashil Digital or on the recommendation of Rudrashil Digital are altered, reversed or deleted, then the client must notify the Rudrashil Digital immediately. Rudrashil Digital may apply an additional charge with respect the necessary restoration and remedial work.

• The client will provide the following to Rudrashil Digital:
  (a) the ability to access and make changes to the Website (or, where Rudrashil Digtal agrees, the client will promptly make any changes to the Website requested by Rudrashil Digital);
  (b) assistance in determining appropriate keywords and key phrases which should be targeted using the Services;
  (c) direct access to any existing analytical data concerning the Website, such as data concerning referral sources, visitor activity, Website usage, conversion rates, and similar data.

• The client grants Rudrashil Digital a non-exclusive licence to use the Website to the extent required for Rudrashil Digital to perform its obligations and exercise its rights under the Contract.

• Where Rudrashil Digital modifies the Website in the process of providing the Services, Rudrashil Digital hereby grants to the client a non-exclusive royalty-free licence to use such modifications in relation to the Website.

• The client acknowledges that:
  (a) search engine algorithms will change from time-to-time, which may affect the Website’s rankings in the search engine results pages, and that Rudrashil Digital has no control over such changes;
  (b) it can take several months for the Services to have any significant effects upon the ranking of a Website in the search engine results pages;
  (c) search engine optimisation site promotion is an ongoing task and, should the client terminate the Contract and/or stop promoting the Website, that would be likely to have a negative impact upon the effects of the Services;
  (d) Rudrashil Digital  will not be responsible for any alterations to the Website made by the client or any third party that reverse or affect changes made to the Website by Rudrashil Digital  as part of the Services;
  (e) the promotion of the Website may lead to higher traffic levels and bandwidth requirements for the Website, and the client will then be responsible for arranging and paying for such necessary requirements;
  (f) notwithstanding the Services, the Website’s search engine results page rankings and traffic levels may decrease as well as increase;
  (g) it is not possible to give any guarantees for any specific result on the search engine, nor can Rudrashil Digital  quantify the level of increased traffic or sales or give any guaranteed positioning as a result of the Services; and
  (h) Rudrashil Digital  does not own or control any directories to which the Website may be submitted, and no refunds will be given in the event of any refusal to include the Website in any directory database.

• The client will bid for the ranking or a listing which appears in the search results generated by Rudrashil Digital in response to a search term closely matching the subject of the search listing. The amount of the client’s bid determines the ranking of their listing in a search results list.

• Rudrashil Digital reserves the right to refuse, reject, cancel, remove, edit or vary any search terms, descriptions, listings and bids at any time for any reason whatsoever.

• The client must only submit search terms, titles and descriptions to Rudrashil Digital that are relevant to the Website. If any information provided on the Website changes, the client must update their search terms and descriptions to be both current and accurate. All search terms and descriptions submitted are subject to relevancy review by Rudrashil Digital’s staff and are subject to removal or rejection. No refunds will be issued for charges incurred to any account as a result of submitting irrelevant words to Rudrashil Digital.

• The client agrees to pay Google based on the cost of click-throughs by users on a search listing, and also agrees to pay monthly management fees to Rudrashil Digital.

• The number of click-throughs is measured by online reporting systems utilised by Rudrashil Digital and the client acknowledges that data generated from this software shall be the definitive and only measure of the number of click-throughs.

• The client will be charged on a monthly basis for each click delivered. The charge per click will vary depending upon the search terms used.

• Monthly reports will be sent to the client via email. If the client terminates the Contract, Rudrashil Digital will delete or pause any created campaign.

• Pay per click services are provided with no warranty with respect to the number of click-through per search listing which will be delivered and Rudrashil Digital will not be liable for any delay in changing any bid by the client.

• Google Analytics may need to be added to the Website if not already set up and social media tracking will be added to the account to enable full tracking from the social media distribution. This is separately chargeable unless otherwise agreed.

• The client must provide Rudrashil Digital with full FTP access to the Website. Removal of or restriction of access may relieve Rudrashil Digital of its obligations under the Contract; or, in the event that the client cannot or will not provide Rudrashil Digital with Full FTP access, Rudrashil Digital will provide the client with instructions on how to populate the client’s conversion tracking on the Website.

• Rudrashil Digital will set up social media account profiles as agreed to at the start of the project.

• Rudrashil Digital will integrate the accounts into the Website, wherever necessary.

• Initially, Rudrashil Digital’s main aim shall be to build and integrate the client’s social media accounts into the Website.

• Subsequently, Rusrashil Digital will optimise and distribute the client’s content to the relevant social media accounts depending upon the content the client sends to the Rudrashil Digital.

• From time to time, Rudrashil Digital may recommend changes to the Website to improve the conversion rate, the bounce rate or the effectiveness of the campaign; Rudrashil Digital will always quote the client for any additional work and will proceed only with the client’s approval.