By accessing this website of Quocent and confirming order with us, you acknowledge your acceptance of all the below mentioned Quocent’s Terms and Conditions:
QUOTATIONS AND ESTIMATES
- All quotations and estimates provided by Quocent are valid for a period of 30 days from date of issue. Quotations not accepted within this time frame must be re-issued.
- All quotations are required to be accepted using the supplied Quotation Acceptance Form and returned to Quocent within the 30 day period from date of issuance.
- All quoted prices, excluding where indicated, do not include Goods and Services Tax.
- Estimates may be provided by Quocent to offer the client a guide on the projected costing of a project prior to any discovery or research for said project. All estimates will be clearly marked as such and are not an indication of the exact final cost to develop the application.
- All estimates will need to be formalized to a quotation or invoice before accepted by either party as the final cost of the application.
- Quocent reserves the right to suspend the services/quotation at any time, without any prior information.
- All quotations provided by Quocent, require a 50% deposit upon acceptance. Thus said, the percentage is mutually agreed between client and Quocent based on the project cost.
- Unless prior arrangement has been made, final payment is strictly net 7 days from the date of completion.
- Any cost arising from payment clearings or transaction charges are solely the responsibility of the client and will be charged as such.
- Quocent will only commence work on the quoted application once any deposited funds have cleared.
- The customer will not be entitled for any service in case of delay in payment for more than 10 days from the final date of the installation / date of project / module completion.
- If opted for service beyond the 12 months of maintenance period or as agreed by Quocent, The Annual Maintenance Charges (AMC) will be normally applicable 25% (PERCENT) of the original development cost of Project / Module; each year the development cost for new modules will be added to the initial development cost for the calculation of the AMC.
- The AMC percentage shall be decided by the Quocent; which depends upon the amount of efforts and work required. This % may vary each year.
- The recurring / renewal amount of the domain and hosting are subjected to change as per the market rates.
- Quocent disclaims all warranties or conditions, whether expressed or implied, (including, without limitation implied, warranties or conditions of information and context). We consider ourselves and intend to be subject to the jurisdiction only of the courts of Odisha, Bhubaneswar, India.
- Minimum requirements for where the completed application will reside, will be provided on all Quocent quotations.
- The quoted cost on a Quocent quotation is only valid if the minimum residency requirements are met or exceeded for said quotation.
- Quocent can provide, as an additional service, a package that will meet the stated requirements. The package offered will provide the most streamlined and cost-effective installation of the quoted application.
- If a Quocent package is not used to host the completed application, Quocent will not be liable for any additional time or resources, above and beyond that already included in the quotation, required to get the completed application installed where the client has asked it to reside.
- Quocent will bill any additional time and or resources, above and beyond that already included in the quotation, required to get the completed application installed on the client’s host, make any improvements or address iterations from the client on hourly based allocation, based on an hourly agree cost between client and Quocent.
- Unless specified, all quotations provided by Quocent, do not include any source code license.
- All source code and associated intellectual property relating to said source code, developed by Quocent, solely remains the property of Quocent, except where specific code license has been issued to the client and said issuance has been indicated in writing from Quocent.
- Quocent reserve the right to implement licensing features within the quoted application, except where code license has been issued by Quocent.
- Any alteration, reverse engineering, or manipulation of any kind on the code, compiled or otherwise, created by Quocent for the quoted application may be a breach of trademark and copyright laws. If said breach is confirmed, penalties will apply under the relevant acts.
- Any costs incurred by Quocent for third party code license required to complete the quoted application are the responsibility of the client and will be solely borne by the client. Any such third party code license will be attached to the existing Quocent code license for the quoted application.
- Should the client wish to cancel acceptance of the quotation, Quocent will invoice the client for any work completed to date, as a percentage of the total work involved.
- The minimum cancellation fee will be based on the mutual agreement between client and Quocent for the signed quotation.
- Clients are required to ensure that the content of the application being quoted adheres to all the current Indian legislation regarding publication.
- The client shall further indemnify Quocent in respect of any claims, costs and expenses that may arise from any material included within the quoted application by Quocent at the client’s request.
- Quocent reserves the right not to include any material supplied by the client within the quoted application if Quocent deems said material inappropriate or offensive.
- Quocent will not populate the application with the final content, unless said content is delivered to Quocent in digital format prior to commencement of work. Said content, if available, will be used for testing purposes and may not be formatted how the client requires it. If content is not available mock placeholder content will be used.
- It is the client's responsibility, in all cases, to ensure the application’s content is displayed and formatted as they require. If the client cannot format the application’s content, Quocent will offer this service at Quocent' current hourly rate at the time of the request.
PERMISSIONS AND COPYRIGHTS
- The client will obtain all necessary permissions and authorities with respect to the use of all copy, graphics, logos, names and trademarks and any other material supplied by the client to Quocent.
- Supply of said material by the client to Quocent shall be regarded as a guarantee from the client that all such permissions and authorities have been sought and obtained for said material.
- No responsibility will be accepted by Quocent for damages or losses incurred by the client from the use of material for which permission or authority has not been obtained.
ERRORS AND LIABILITIES
- Quocent will pursue due care to ensure applications create by Quocent are free of errors.
- Quocent will correct any errors made by Quocent staff in the undertaking of the quoted application.
- Quocent does not accept responsibility for losses or damage arising from errors within any application.
- Quocent does not accept responsibility for errors, damages, losses or additional costs that relate to third party products that Quocent may require completing the quoted application.
- Any alterations requested by the client after development has begun will incur extra development and regression testing time. Dependent upon the alteration or change requested an average of 3 days extra development time per alteration should be allowed for. The 3 day average may not be indicative of the time required and can be extended commensurate of the time involved to implement said changes.
- Quocent will not accept responsibility for any alterations performed by the client or any third party which may cause or induce errors within the quoted application.
- If Quocent are required to correct said alterations or errors resulting from said alterations, induced, injected or otherwise caused by parties other than Quocent, the client will be charged at the hourly rate that is current for Quocent at the time said errors are to be fixed.
COMPLETION OF WORK
- All timeframes offered by Quocent to the client are estimates. The intrinsic nature of software development and its intricacies do not offer Quocent the luxury of defining definite timeframes.
- Quocent will endeavour to complete all work within the estimated timeframes discussed with the client in the quotation. However, Quocent will not be liable for any penalties, monies or hardships otherwise incurred by the client if the application cannot be delivered within the estimated timeframe.
- Quocent will not release the quoted application unless all payments have been met under the obligations of the quotation or work agreement.
- If Quocent does not have control over the residence (see Residency Requirements) where the finished work will reside, then full payment must be made prior to said work being released by Quocent.
- The quoted application remains the property of Quocent Software until all obligations have been met for release of said application to the client.
- If Quocent is working as a third party to another company, said company is responsible in meeting the obligations for the release of the quote application to their client.
CHANGES TO SITE AND THESE TERMS AND CONDITIONS
This Site and these Quocent Terms and Conditions may be amended, revised, changed, updated or modified by Quocent with or without notice. Please review this link on a regular basis for changes. Continued use of this Site following any change to the Quocent Terms and Conditions constitutes your acceptance of any such change to the Quocent Terms and Conditions.