Last Update On: 12-August-2023
1. DEFINITIONS
This Services Agreement (the “Agreement”) contains the complete terms and conditions which govern your subscription of Website Design, Development, Digital Marketing and other Internet-related services provided by FatherTech (the “Services”). As used in this Agreement, “FatherTech” means FatherTech.net and “Client”, “you”, or “your” means you. You acknowledge that you have read the Agreement, and you agree to its terms and conditions and all policies posted on the FatherTech site. As referred to in this Agreement, “Site” refers to a World Wide Web site and “FatherTech Site” refers to the Site located at the URL https://www.test.fathertech.net or any other successor Sites owned or maintained by FatherTech.
The following terms and conditions apply to all website development / design services / marketing services provided by FatherTech to the Client.
2. ACCEPTANCE OF WORK
It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote or purchase a product, then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.
3. PERMISSION AND COPYRIGHT
All pages, images, text and code on FatherTech’s web site at www.FatherTech.net is copyrighted material.
Client and any visitors to the FatherTech’s web site at www.FatherTech.net may not use any of the pages, images, text or code on the website for use on Client’s or visitors own website or to create a website, templates or actinic templates without prior written permission from FatherTech.
Copyright of the completed web designs, images, pages, codes and source files created by FatherTech for the project shall be with the Client upon final payment only by prior written agreement. Without agreement, ownership of designs and all code is with the FatherTech.
These terms of use grant a non-exclusive limited license so that the Client can use the design on one web site on one domain name only. The Client is not permitted to use a design for more than one website without prior written agreement between the Client and the FatherTech .
Client agrees that resale or distribution of the completed files in full or in part is forbidden unless prior written agreement is made between the Client and the FatherTech.
Client hereby agrees that all media and content made available to FatherTech for use in the project are either owned by the Client or used with full permission of the original authors. The Client agrees to hold harmless, protect and defend FatherTech from any claim or suit that may arise as a result of using the supplied media and content.
Client agrees that FatherTech may include development credits and links within any code FatherTech designs, builds or amends. Client agrees that FatherTech reserves the right to include any work done for the Client in a portfolio of work, display them in trade fairs, exhibitions and for similar purposes.
4. MATERIAL
FatherTech reserves the right in its sole discretion to refuse to sell design or code to a Client who has a site which it deems is, including but not limited to, unlawful or inappropriate, contains a virus or hostile program, constitutes harassment, racism, violence, obscenity, harmful intent, spamming, contains adult content, commits a criminal offence, infringes privacy or copyright or any other questionable media at FatherTech own discretion. FatherTech reserves the right to refuse to sell design or code to those thought or known as competitors of FatherTech. Client may not purchase design or code for use in development of their own product to directly compete with FatherTech’s design or code. FatherTech reserves the right to refuse sale for orders from suspect payment or address details or other reason at FatherTech own discretion. FatherTech reserves the right without notice to cancel, reject, refuse sale to or work with a Client without reason for such rejection or refusal.
5. THIRD PARTY DOMAIN NAMES AND HOSTING
Client agrees to take all legal responsibility for use of third party domain name, hosting and email services and hereby agrees to indemnify and hold harmless the FatherTech from any claim resulting from the Client’s publication of material and use of the domain name, hosting and email services. Any support or payment due relating to the domain name, hosting and email services are to be made between the Client and the third party service.
Client agrees to pass on FTP details and any other access details relating to their domain name and hosting account which the FatherTech requires to upload the website if required as part of a project.
FatherTech reserves the right without notice to refuse work with domain names or hosting and email services without reason for such rejection or refusal.
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 i.e. before the expiry date. Failure to renew in time can lead to loss of files, data, emails, backups etc. All unpaid hostings are disabled or deleted from the server.
All renewals must be paid by seven working days prior to the expiry date. FatherTech will not be responsible for issues relating to delayed payment.
Hosting are on shared and non-shared servers hosted via third party providers. FatherTech Worldwide 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.
Client is solely responsible for the content stored on and served by the hosting service purchased and the activity of any scripts or email services created under the hosting service. The client must maintain the security of all account passwords and applications or scripts and ensure all scripts under the hosting service are free from malicious content that may harm any part of the Server, other client accounts hosted, or the external systems of visitors viewing the hosted content.
Incase of a malware attack, FatherTech reserves the right to delete files on the hosting service without giving any prior notice.
Hosting 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. FatherTech 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:
– FatherTech CMS is a proprietary CMS of FatherTech Worldwide. FatherTech owns copyrights of all codes written for any client, unless arrangements are made prior to start of the project. FatherTech warrants a license to use any custom built software for the client, for their use only. This license is granted while paying for the hosting. FatherTech CMS cannot be transferred to any external host; this includes any access to the software codes. FTP and Control panel access is not provided if the website is using FatherTech CMS.
– FatherTech CMS is a proprietary CMS of FatherTech Worldwide and cannot be transferred to any external host.
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.
FatherTech offer packages in co-ordination with third party providers. Changes to the third party provider’s rules and policies may ultimately effect the services we provide or the terms and conditions herein.
Hosting are on shared and non-shared servers hosted via third party providers. FatherTech Worldwide 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.
FatherTech 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.
FatherTech has the domains in a common pool account and therefore cannot give access to its domain control panel. If you want to keep access of your domain, then specify this before ordering a project.
FatherTech offer packages in co-ordination with third party providers. Changes to the third party provider’s rules and policies may ultimately effect the services we provide or the terms and conditions herein.
6. PROJECTS
All estimates/quotes are based on our understanding of your requirements and as per given time-frame. Any changes to the functionality including micro-improvements, may incur additional costs accordingly. Please ensure and clarify our understanding in a face to face meeting.
By accepting a quote, you agree to and accept the terms and conditions of FatherTech.net. Acceptance can be verbal, by email, payment of Initiation, signing a quote.
Clients 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.
All alterations for website projects are to be requested in writing either by email or postal mail by the Client. After the specified duration of alterations have been completed, FatherTech reserves the right to advise the Client as such and send a separate quotation to the Client and to request payment for any further alterations. FatherTech reserves the right to request payment be received for further alterations before continuing work.
Upon completion of an agreed design the Client is asked to confirm in writing by email or postal mail that the design is signed off as complete and agree that any further design alterations are chargeable.
Client agrees to provide any needed information and content required by FatherTech in good time to enable FatherTech to complete a design or website work as part of an agreed project.
Client agrees that a HTML page built from a graphic design may not exactly match the original design because of the difference between the display in design software and the rendering of HTML code by internet browser software. FatherTech agrees to try and match the design as closely as is possible when building the code.
FatherTech endeavors to create pages that are search engine friendly, however, FatherTech gives no guarantee that the site will become listed with search engines or of certain search results. In no event shall FatherTech be held liable for any changes in search engine rankings as a result of using FatherTech code.
If an error or issue with the design or code arises during the project which does not allow the design or code to match the original specification, then Client agrees that FatherTech can apply a nearest available alternative solution.
After site completion, a Client or a third party of their choosing may wish to edit their website code themselves to make updates. However, the Client agrees that in doing so they assume full responsibility for any issues which occur as a result of changing the code themselves. If Client or a third party of their choosing edits the website code and this results in functionality errors or the page displaying incorrectly, then FatherTech reserves the right to quote for work to repair the web site.
FatherTech reserves the right to assign subcontractors in whole or as part of a project if needed.
Client agrees that it is their responsibility to have regular backups of their website and software made by themselves or third party services in case of a software or hardware failure.
All communications between FatherTech and Client shall be by telephone, email, Skype or postal mail, support chat except where agreed at FatherTech’s discretion.
The client is responsible for all content posted or stored on their web hosting space. FatherTech exercises no control over the content or information contained on the servers used for hosting. FatherTech will not be responsible for any direct, indirect, or consequential damages which may result from the use of this service by its customers or any other related or unrelated third parties. FatherTech is not responsible for backing up data or recovering data in case of loss on the client’s behalf. There are no warranties expressed or implied for the services the FatherTech provides or the software used by the customer.
FatherTech will provide the Client with an opportunity to review the appearance and content of the website during the design phase and once the overall website development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies FatherTech otherwise within ten (10) days of the date the materials are made available to the Client.
Client agrees to reimburse FatherTech for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography etc.
If the Client’s website is to be installed on a third-party server, FatherTech must be granted temporary read/write access to the Client’s storage directories which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.
FatherTech is not responsible for interruptions of service beyond its control. This includes interruptions by its suppliers and natural disasters.
The client agrees to keep all user IDs and access codes/passwords confidential. Sharing of account information and passwords is strictly forbidden. If a client believes that his user ID or password has been compromised, the client agrees to contact FatherTech immediately via e-mail or telephone.
To prevent malware installation on our servers, full administrative access to our website services will not be granted to client. client may request access to specific features of a website, and access may be granted at FatherTech’s discretion.
FatherTech will monitor the client’s current disk storage and bandwidth. If usage exceeds the amount registered for, FatherTech will contact the client in an attempt to make an arrangement for additional resources. If client does not respond, or is unable to be reached, FatherTech shall have the right to take corrective actions for exceeding resources. Such actions may include assessing additional charges, increasing service plan, temporarily discontinuing services, or terminating the current agreement. If the client feels that more disk storage is required, it is the client’s responsibility to contact FatherTech (support@FatherTech.net or 720-569-1237) to discuss options for increased disk storage.
7. WEB BROWSERS
FatherTech shall make every effort to ensure sites are designed to be viewed by the majority of visitors. Sites are designed to work with the main browsers Internet Explorer, Google Chrome and Mozilla Firefox latest releases. Client agrees that FatherTech cannot guarantee correct functionality with all browser software across different operating systems.
Clients agree that after handover of files any updated software versions of the main browsers Internet Explorer, Google Chrome and Mozilla Firefox domain name setup changes or hosting setup changes thereafter may affect the functionality and display of their web site. As such, FatherTech reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software, domain name or hosting changes.
8. DIGITAL MARKETING PACKAGE OR DIGITAL STRATEGY PACKAGE TERMS
All digital marketing/strategy packages are for a minimum of 6 months period. Thereafter, cancel anytime with clear one month email notice.
They are billed monthly and are payable by the 1st of every month.
Packages are designed with keeping in mind Digital Marketing/Strategy requirements of our clients. There are specific man-hours allocated each month and any unused man-hours are not rolled over to the next month. No third party softwares or marketing expenses are included.
FatherTech 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 may be billed separately. Any urgent tasks will be charged separately.
Support requests need to be sent via email to support@fatherTech.net
Payment terms:
Payable by the 1st of every month. We strongly recommend our clients to have a direct debit set-up for the same.
An administrative fee of $25 will be charged to the clients account for any late payments or declined credit card charges.
There are absolutely no refunds for any fees related to the digital marketing/strategy package.
Termination:
All digital marketing/strategy packages are for a minimum of 6 months period. Thereafter, cancel anytime with clear one month email notice.
FatherTech reserves the right to terminate at anytime with written notice to the Client.
9. 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 may include 12 months basic website hosting, email hosting and DNS hosting.
Packages are designed to serve website maintenance tasks only. The hours may not be used for projects such as full redesign or major functionality add-ons.
Does-not include any Digital Strategy, Business Analysis, Solution Architect, SEO and Digital Marketing work.
Work-hours are tracked in 15minutes blocks. The support time is used once every month to take a full backup of your website. After that, we work on updating your CMS and plugin versions along-with any website fixes that may arise as a result of the updates. Any remaining hours can be used to make changes to the website. Any additional work hours are requested for your approval.
FatherTech 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 @ $77/hour incl GST.
Support requests need to be sent via email to support@FatherTech.net
Any urgent tasks will be charged separately.
The package is auto renewed every year on its anniversary date.
Payment terms:
Our maintenance package fees require credit card or debit card or UPI or bank transfer or by cash payment only. No other forms of payment will be accepted for maintenance.
An administrative fee of $25 will be charged to the clients account for any late payments or declined credit card charges.
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 maintenance package.
Termination:
In case Client need to cancel the auto annual renewal, please inform us in writing (support@FatherTech.net) 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.
FatherTech reserves the right to terminate annual maintenance at anytime with written notice to the Client.
10. PAYMENT TERMS
All invoices must be paid in full within 7 days of the invoice date and FatherTech will carry out work only where an invoice has been paid by the Client for the work, unless otherwise agreed at FatherTech discretion.
Additional work requested by the Client which is not specified in the agreed quotation is subject to a separate quotation and FatherTech reserves the right whether to quote or accept additional work. If additional work is accepted by FatherTech may effect timescale and overall delivery time of the project.
The Client can choose either to pay the full cost in one payment or split the cost into 2 payments to be agreed with the FatherTech. Should the cost be split into 2 payments then the first half of the payment is to be received before work commences and the second payment to be received towards the end of work and before handover of finished files.
Once an invoice is sent to the Client it must either be paid either by bank transfer or paid online with UPI or credit/debit card via secure online payment.
FatherTech reserves the right to decline further work on a project if there are invoices outstanding with the Client. Client may request that the FatherTech cancel a project in writing by email or postal mail to FatherTech and the project is cancelled only if FatherTech confirms work has not been started on the project. If FatherTech has begun or completed the work and the Client no longer requires the files but have agreed to the work, they are still obliged to pay FatherTech for the work that has been carried out.
All invoices are submitted by email except where required otherwise by regulations or agreed at FatherTech’s discretion. FatherTech reserves the right to remove its work for Client from the Internet if payments are not received.
11. LIABILITY AND WARRANTY DISCLAIMER
FatherTech provides their website and the contents thereof on an “as is” basis and makes no warranties with regard to the site and its contents, or fitness of services offered for a particular purpose. FatherTech cannot guarantee the functionality or operations of their website or that it will be uninterrupted or error free, nor does it warrant that the contents are current, accurate or complete.
FatherTech endeavors to provide a website within given delivery timescales to the best of its ability. However, the Client agrees that FatherTech is not liable for any claims, losses, costs incurred or compensation due to any failure to carry out services within a given delivery timescale.
The Client agrees FatherTech is not liable for any failure to carry out services for reasons beyond its control including but not limited to acts of God, telecommunication problems, software failure, hardware failure, third party interference, Government operations and legal requirements, emergency on major scale or any social disturbance of extreme nature such as industrial strike, riot, terrorism and war or any act or omission of any third party services.
FatherTech is not liable for any consequences or financial losses such as, but not limited to, loss of business, profit, revenue, contract, data or potential savings, relating to services provided.
On handover of files from FatherTech to Client, the Client shall assume entire responsibility in ensuring that all files are functioning correctly before use.
Whilst every effort is made to make sure files are error free, FatherTech cannot guarantee that the display or functionality of the web design or the website will be uninterrupted or error free. If after handover of files errors are found in code the FatherTech has created and the main browsers Internet Explorer, Google Chrome and Mozilla Firefox, domain name setup and hosting setup are the same as when work began, then FatherTech can correct these errors for the Client at its own discretion.
If after handover of files errors are found in code the FatherTech has created and the main browsers Internet Explorer, Google Chrome and Mozilla Firefox have released an updated software version, or the domain name setup or hosting setup has been changed, FatherTech can correct errors for the Client free of charge and reserves the right to quote separately for any additional work needed as a result of changes to the browser software, domain name setup or hosting setup.
Should Client go into compulsory or involuntary liquidation or cannot pay its debts in the normal course of business, FatherTech reserves the right to cancel forthwith any projects and invoice Client for any work completed.
FatherTech shall have no liability to the Client or any third parties for any damages, including but not limited to, claims, losses, 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 web site, even if FatherTech has been advised of the possibility of such damages.
There are sometimes laws and taxes which affect Internet ecommerce. Client agrees that it is their responsibility to comply with such laws and will hold harmless, protect, and defend FatherTech and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the Client’s exercise of Internet ecommerce.
FatherTech may from time to time recommend to the Client that updates are needed to their site to comply with, including but not limited to, new legislations, software releases and web standards. FatherTech reserves the right to quote for any updates as separate work. Client agrees FatherTech is not liable for any failure to inform or implement these updates to their site. Client agrees that it shall defend, indemnify, save and hold FatherTech harmless from any and all demands, liabilities, costs, losses and claims arising from omission to inform or implement these updates.
12. INDEMNIFICATION
Client agrees to use all FatherTech services and facilities at their own risk and agree to defend, indemnify, save and hold FatherTech harmless from any and all demands, liabilities, costs, losses and claims including but not limited to attorney’s fees against FatherTech or it’s associates that may arise directly or indirectly from any service provided or agreed to be provided or any product or service sold by the Client or its third parties. Client agrees this indemnification extends to all aspects of the project, including but not limited to website content and choice of domain name.
Client also agrees to defend, indemnify and hold harmless FatherTech against any liabilities arising out of injury to person or property caused by any service provided or agreed to be provided or any product or service sold by the Client or third parties, including but not limited to, infringement of copyright, infringement of proprietary rights, misinformation, delivery of defective products or services which is harmful to any person, business, company or organization.
13. PROJECT CANCELLATION AND REFUND
For any project and because of any reason if client cancels and claims the refund then the client need to send a cancelation request to www.Fathertech.net at its authorized email id and the refund depends up on the project type and efforts completed.
If the clients want to cancel the project before the start of project, then refund will be 70% of the total project cost.
If client want to cancel the project post-discussion stage and during production Stage by production department (production department consist of designer, FatherTech , co-ordinator, project manager, tester, delivery manager, support engineer, researcher, documenting worker and more), then we do not pay any refund amount and stop further work as it is at that point of time.
14. NONDISCLOSURE
FatherTech and any third party associates agrees that, except if directed by the Client, it will not at any time during or after the term of this agreement disclose any confidential information. Likewise, the Client agrees that it will not convey any confidential information about FatherTech to another party.
15. PRIVACY POLICY
FatherTech and any third party associates shall use information provided by the Client in relation to this agreement in accordance with the Data Protection Act 1998 and also for the following purposes 1) to identify the Client in communications with them 2) to contact the Client from time to time to offer them services or products which may be of interest to or benefit the Client.
16. INTERPRETATION
FatherTech reserves the right to terminate a project with a Client at any time without prior notification if it finds the Client in breach of these terms and conditions. FatherTech shall be the sole arbiter in deciding what constitutes a breach. No refunds are given in such a situation.
Where one or more terms of this contract are held to be void or unenforceable for whatever reason, any other terms of the contract not so held will remain valid and enforceable at law.
FatherTech reserves the right to alter these Terms and Conditions at any time without prior notice, the latest terms and conditions can be found at the FatherTech web site with a date of last update.
By accepting a quotation or making a payment of invoice to use the services supplied or purchasing a product, the Client acknowledges to have read, understand, and accept the Terms and Conditions of this Agreement, and agrees to be legally binding by these Terms and Conditions.