Aero Business Solutions Website Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.
In the case of inconsistencies between these Terms and information included in off-line materials, these Terms will always control. By visiting, entering, or using the Websites and/or the services located at the Websites, (collectively, the “Services”), you indicate that you accept the current version of these Terms and that you agree to be bound by them. Acceptance of the Terms creates a binding contract (“Agreement”) between you and Aero Business Solutions that you will use the Websites and the Services only in a manner consistent with these Terms. If you do not agree to any of these Terms, then please do not access or use the Websites or Services, and, if applicable, you should arrange to cancel your registered user account or subscription to us.
I. Your Use of the Websites and Services
Aero Business Solutions grants you a limited, non-transferable license to use the Websites in accordance with the Terms. You may only use the Websites to view information presented at the Websites and to make legitimate inquiries. You may not use the Websites for any other purposes, including without limitation, to make any false or fraudulent inquiries. The Websites and the content provided on the Websites, including any text, graphics, button icons, audio and video clips, digital downloads, data compilations and software (collectively, “Content”), may not be copied, reproduced, republished, framed, mirrored, uploaded, posted, transmitted, modified, translated, used to create derivative works, sold, transferred, sub-licensed, distributed, disassembled, decompiled, or reverse engineered without the written permission of Aero Business Solutions, and/or its third-party partners, except that you may download, display and print the materials presented on the Websites for your personal, non-commercial use only.
II. Member Conduct Guidelines
(a) In consideration of your use of the Websites and Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of India or other applicable jurisdiction. You agree to provide true, accurate, current and complete information about yourself upon registration and thereafter. You agree that you are responsible for maintaining the confidentiality of any usernames, passwords, accounts, or any other tools or data that afford you access to restricted areas of the Websites or Services and are fully responsible for all activities that occur under your password or account. If you are sharing such usernames, passwords, etc. with others for the purpose of shared viewing of the Websites, you are also responsible for all users of such information, whether or not actually or expressly authorized by you. You agree to immediately notify Aero Business Solutions of any unauthorized use of your password or account or any other breach of security. Aero Business Solutions cannot and will not be liable for any loss or damage arising from your failure to comply with the Terms. You agree to comply with all local rules regarding online conduct and acceptable Content, including all applicable laws regarding the transmission of technical data exported from India or the country in which you reside.
(b) You agree not to use the Websites or the Services to:
- upload, post, email, transmit or otherwise make available (“Post”) any Content:
- that is unlawful, harmful, threatening, indecent, inflammatory, pornographic, profane, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, false or inaccurate, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or that would otherwise violate any law, or violate any contractual or fiduciary relationship (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
- that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment virus, bug, or other harmful items; or
- that contains any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
- Harm minors in any way;
- Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Violate any applicable local, state, national or international law, intentionally or unintentionally;
- “Stalk” or otherwise harass another;
- Collect or store personal data about other users;
- Transmit or otherwise transfer any Web pages, data or content found on the Websites to any other computer, server, Web site, or other medium for mass distribution or for use in any commercial enterprise; or
- Supply material support or resources to organizations designated by the Indian government as a foreign terrorist organization.
While utilizing or accessing the Websites, the Services, or information or other Content available on the Websites, you also agree not to:
- Use any device, software, or routine to interfere or attempt to interfere with the proper working of the Websites or interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service in any way;
- Use any “robot,” “spider” or other automatic devices, or a program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the Web pages, data, or content found on the Websites without the prior written permission of Aero Business Solutions; or
- Imposes a burden or load on our infrastructure that Aero Business Solutions deems in its sole discretion to be unreasonable or disproportionate to the benefits Aero Business Solutions obtains from your use of the Websites.
Content that violates these guidelines may be removed at the discretion of Aero Business Solutions. We have no obligation to remove content that you personally find objectionable or offensive, though we will investigate complaints referring to inappropriate use of the Websites.
(c) You agree to be fully responsible for your own Content and the consequences of posting or publishing them. Under no circumstances will Aero Business Solutions be liable in any way for any Content (other than for Content developed by us), including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted to or through the Websites. In the event that you have a dispute with a user of Aero Business Solutions and its Services, you release Aero Business Solutions and its officers, members, and employees from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
(e) You understand and agree that Aero Business Solutions’s online services are provided “AS IS.” Aero Business Solutions assumes no responsibility for the timeliness, deletion, mis-delivery, or failure to store any user communications or settings. You understand and agree that the use of Aero Business Solutions’s online services is at your sole risk. Any material and/or data downloaded or otherwise obtained through the use of Aero Business Solutions’s Services is at your own discretion and risk, and you are solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data.
III. Intellectual Property Rights
Except for any Content submitted by users, the content on the Aero Business Solutions Websites, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features, and the like, the trademarks, service marks and logos contained therein (“Marks”), and any other proprietary rights related thereto or appearing on the Websites are owned by or licensed to Aero Business Solutions, subject to trademark, copyright, and other intellectual property rights under Indian and foreign laws and international conventions. Content on the Websites is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Aero Business Solutions reserves all rights not expressly granted in and to the Websites and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of content submitted by third parties obtained through the Websites for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Aero Business Solutions Websites or features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Aero Business Solutions Websites or the Content therein. You agree to be liable for any damages resulting from any infringement of copyright, trademark, or other proprietary rights, or any other harm resulting from your use of the Websites.
IV. Third-Party Links
The Websites contain links to other websites that are provided solely as a convenience to you and not as an endorsement by Aero Business Solutions of the contents, services or operation of such other websites. Aero Business Solutions shall not be responsible for the content of or services offered by any other websites or third party providers and makes no representation or warranty regarding any other websites or the services provided or the contents or materials on such websites. If you decide to access other websites, you do so at your own risk. You agree not to hold Aero Business Solutions responsible for the content or operation of such websites.
Aero Business Solutions may immediately change or terminate your access to the Services, the Websites, or any online membership(s) with Aero Business Solutions, with or without notice, at any time, without liability to you, any other user, or any third party. Aero Business Solutions reserves the right to terminate your online membership(s) if , without limitation, you have: (1) provided Aero Business Solutions with false or misleading registration information; (2) interfered with other users or the administration of Aero Business Solutions Services or Websites; (3) upon a request by law enforcement or other governmental authorities; or (4) otherwise violated these Terms.
VI. Disclaimer of Warranties
ALL PRODUCTS, OFFERINGS, CONTENT, AND MATERIALS ON THE WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. EXCEPT AS OTHERWISE REQUIRED BY LAW, Aero Business Solutions DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. ADDITIONALLY, Aero Business Solutions DOES NOT WARRANT THAT ACCESS TO THE WEBSITES WILL BE TIMELY, SECURE, AND/OR ERROR-FREE OR UNINTERRUPTED. Aero Business Solutions DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION, RESULTS, OR CONTENT PROVIDED ON THE WEBSITES OR IN ANY EMAIL COMMUNICATION SENT BY OR ON BEHALF OF Aero Business Solutions.
VII. Limitation of Liability
Aero Business Solutions ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING THE WEBSITES OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE WEBSITES. IN NO EVENT SHALL Aero Business Solutions BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (I) ANY USE OF THIS SITE OR CONTENT FOUND HEREIN, (II) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS SITE), (III) OTHER MATTER RELATING TO THE WEBSITES AND/OR SERVICES.
If, notwithstanding the foregoing, Aero Business Solutions or any third party provider or distributor should be found liable for any loss or damage, which arises out of or is in any way connected with any of the above-described functions or uses of the Websites, the Content, and/or the Services, the liability of Aero Business Solutions and the third party providers and distributors shall in no event exceed, in the aggregate, the greater of (a) the subscription fee and service charge, if any, for accessing the Websites or Services, or (b) INR 100.00. In its sole discretion, in addition to any other rights or remedies available to Aero Business Solutions and without any liability whatsoever, Aero Business Solutions, at any time and without notice, may terminate or restrict your access to any component of the Websites or its Services. Some states do not allow certain limitations of liability, so the foregoing limitation may not apply to you.
You agree to indemnify, defend and hold harmless Aero Business Solutions, its affiliates, officers, directors, employees, consultants and agents from any and all third party claims, liabilities, damages, losses, debt, expenses, obligations, and/or costs (including, but not limited to, attorney’s fees) arising from: (i) your use and access to the Websites or of Aero Business Solutions Services; (ii) your violation of the Terms; (iii) your violation of any third party right, including without limitation any trademark, copyright, property, proprietary, privacy, or other right or your infringement or infringement by any other user of your account, of any intellectual property or other right of any person or entity; and (iv) any of your Content, including, without limitation, any Content posted or otherwise provided by you that infringes any copyright, trademark, intellectual property right of any person or defames any person or violates any person’s rights of publicity or privacy, or otherwise violates these Terms. The Terms will inure to the benefit of successors, assigns, and licensees. This defense and indemnification obligation will survive these Terms and your use of the Websites and/or Services.
IX. Forward-Looking Statements
The site and the information and materials thereon include “forward-looking” statements that involve uncertainties and risks. There can be no assurance that actual results will not differ from the expectations of Aero Business Solutions. Factors that could cause such differences include the pace and timing of additional acquisitions, the company’s ability to realize cost savings and efficiencies, competitive and general economic conditions, the pretension of staff and clients, and other risks described in the company’s filings with the Securities and Exchange Commission. We are under no duty to update any of the forward-looking statements to conform such statements to actual results and events and do not intend to do so.
X. Claims of Intellectual Property Infringement and Agent
If you believe your copyright, or other intellectual property rights have been infringed by the Websites, Content or Services, we ask that you please provide to Aero Business Solutions’s Agent the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party;
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Send such notice as directed above to:
C1, No. 105, 1st Main Road
SR Compound, B.G. Road, Arekere,
Tel: +91 991 667 9810
Email: [email protected]
XI. Governing Law
This Agreement and its performance shall be governed by the laws of the State of Karnataka, India, without regard to its conflict of laws provisions. You consent and submit to the exclusive jurisdiction of the state and courts located in the State of Karnataka, India, in all questions and controversies arising out of your use of the Websites, the Services, and/or the Terms. To the extent allowed by applicable law, any claim or cause of action arising from or relating to your access or use of the Websites must be brought within one (1) year from the date on which such claim or action arose or accrued. Aero Business Solutions controls and operates the Websites from its headquarters in India, and the Websites may not be appropriate or available for use in other locations. If you use the Websites outside India, you are responsible for following applicable local laws.
XII. Attorney’s Fees
If Aero Business Solutions takes any action to enforce these Terms, such parties will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorney’s fees and any cost of litigation, in addition to any other relief, at law or in equity, to which such parties may be entitled.
XIII. Injunctive Relief
You acknowledge that a violation or attempted violation of any provision of these Terms will cause such damage to Aero Business Solutions as will be irreparable, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that Aero Business Solutions shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of the Terms by you, or your affiliates, partners, or agents, as well as recover from you any and all costs and expenses sustained or incurred by Aero Business Solutions in obtaining such an injunction, including, without limitation, reasonable attorneys’ fees. You agree that no bond or other security shall be required in connection with such injunction.
You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.
The relationship between Aero Business Solutions and you will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other.
XVII. Additional Terms
Additional terms and conditions may apply to purchases of goods and services and other uses of portions of the Websites, and you agree to abide by such other terms and conditions.
This Agreement shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
The headings used in this Agreement are included for convenience only and will not limit or otherwise affect the terms and conditions herein.
XX. Terms Of Service – For Website & Application Design/Development, SEO, Digital Marketing & Other Services Offered By Aero Business Solutions
1. Project Terms
- All estimates/quotes are based on our understanding of your requirements and as per the given time-frame. Any changes to the functionality including micro-improvements may incur additional costs accordingly. Please ensure and clarify our understanding before the project is commenced.
- By accepting a quote, you agree to and accept the terms and conditions of Aero Business Solutions. Acceptance can be verbal, by email, payment of Initiation, signing a quote, website sign up, website form submission.
- 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/application development and ensure that you have been quoted on the right requirements.
- Any complexity related to specific tasks must be advised in advance and included in the proposal for costing purposes. We operate in good faith and rely on our clients to disclose the full picture at the time of quotation. Any discrepancy arising due to unclear requirements will not be borne by Aero Business Solutions.
- There are limited man-hours allocated to each task including but not limited to Project Management and Digital Strategist/Business Analyst. Minor changes may be included within the allocated hours. This will be analyzed on a case-by-case basis. Aero Business Solutions reserves the right to charge additionally depending on the edits/additions/modifications requested.
- Aero Business Solutions will make every effort to complete the project/changes in the given timeframe. Reasonable delays are accepted if functionalities are redefined or modified.
- Any delays at the client’s end, may delay the project and proposed timeframes and may incur additional costs.
- Any bugs (programming errors) reported during or up to 14 days after the development does not attract additional charges.
- Any re-work on an already completed task will attract additional charges. Any changes in the design after the design approval will incur additional charges.
- 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 Aero Business Solutions be liable for any delays caused by a change in the project brief.
- Website/application content and all related materials need to be provided to us within the first two weeks of starting the project or before the delivery of the first draft of the website/application. Any delays thereafter may delay the project and may incur additional charges if it goes beyond a reasonable timeframe.
- Our websites/applications are generally tested on PCs and include near recent versions of the following browsers: Microsoft Edge, Firefox, Chrome. If you require testing to be done on any other browser, please let us know in advance.
- Responsive/multi-device compatible web pages are tested on iPhones and iPads. If you require testing to be done on any other device, please discuss it in advance.
- If your website/application is not hosted on a Aero Business Solutions server, any additional man-hours that may be required due to any server or network-related issues are not covered in our quotes and may be charged separately.
- Please note that at any stage during the project, stalling of the project for over two weeks will incur an additional Rs. 4500/week + GST administration costs. Furthermore, it may increase the previously approved estimates. If you require the project to be put on hold, please advise us in writing/email 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.
- Aero Business Solutions software codes (not including open source software) are copyrights of Aero Business Solutions. The codes can be handed over at an additional cost for use once all previous invoices/proposals/quotations are settled, on the condition that the codes are used only for use or modification for re-use for further development for the specified client or subsequent owners of that legal entity. Under no circumstance, the codes will be allowed to be used for re-selling or duplication purposes.
- Aero Business Solutions CMS is a proprietary CMS of Aero Business Solutions. Aero Business Solutions owns copyrights of all codes written for any client, unless arrangements are made prior to the start of the project. Aero Business Solutions 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. Aero Business Solutions CMS cannot be transferred to any external host; this includes any access to the software codes.
- Depending upon the functionalities required, there may be 3rd party components including but not limited to Third-Party Payment Gateways or SSL certificates involved in building a website/application. Although Aero Business Solutions does its best in recognizing the suitability of any such component, any unforeseen limitations of 3rd party components are beyond our control. Any third-party component purchase costs (that include but are not limited to SSL, Payment gateway, Google Adwords, Plug-in, themes, templates, other licenses, etc) are not included in our quotes.
- Aero Business Solutions takes no responsibility for any open-source products including but not limited to WordPress, Open Source carts, Joomla, etc. It is the client’s responsibility to update all components and third-party software. We suggest you take regular back-ups to avoid any disruptions.
- Aero Business Solutions offer packages in coordination with third-party providers. Changes to the third-party provider’s rules and policies may ultimately affect the services we provide or the terms and conditions herein.
- The client must recognize that at times there may be unforeseen circumstances that will delay the development process, particularly with reference to the integration of third-party software. We will try our best to complete the project as agreed in the proposal. The client agrees not to penalize us for any delay.
- Domain registration/renewal etc charges are not included as a part of any project/proposal unless mentioned otherwise. If required, a quote for which will be submitted separately and approved by the client.
- Hosting charges are not included in the quotations unless mentioned otherwise. Aero Business Solutions 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 and database, as it should meet the requirements of the technology used for the development. Please note that we’ll require full access with hosting support for testing and deploying the application/website. Aero Business Solutions will not be liable for any delays or errors caused by direct or indirect actions of the hosting company.
- Aero Business Solutions generally builds and tests the websites/applications on our own servers or hosted domains or trusted third-party servers owned or rented by Aero Business Solutions. Aero Business Solutions cannot give access to their test servers and test websites to the clients or any third party. The website/application can be transferred-off to a nominated 3rd party server upon full payment of all invoices/proposals/quotations and dues.
- All communications/correspondences are generally done via emails. It is the client’s responsibility to keep us updated with their relevant email addresses.
2. Charges & Payments
Charges for services to be provided by Aero Business Solutions are defined in the project quotation that the Client receives via e-mail or WhatsApp. Quotations are valid for a period of 30 days or till the expiry date mentioned on the quotation. Aero Business Solutions reserves the right to alter or decline to provide a quotation after the expiry.
Unless agreed otherwise with the Client, all website design services require an advance payment of a minimum of fifty (50) percent of the project quotation total before the work is supplied to the Client for review. The remaining fifty (50) percent of the project quotation total due upon completion of the work, prior to upload to the server or release of materials or is partially due on specific milestones as specified in the quotation or the quotation email.
Payment for services is due by online payment, UPI payments, cheque, or bank transfer. Bank details or payment details will be made available on invoices or the invoice/payment/quotation email.
- All prices are quoted in Indian Rupees or American Dollars (as specified) and are inclusive of GST unless specified.
- All invoices are to be processed as per the schedule via your preferred method of payment.
- There may be a 3%-5% surcharge charged depending on your debit/credit card for payments made via online payment gateways link Razorpay, CCAvenue etc as an online payment processing fee. This fee is not levied if the payment is made through UPI or direct bank transfer.
- Milestone payments must be made within 3 working days of each milestone/schedule unless mutually agreed otherwise. Final payment must be made prior to the website/application/project going live.
- Payment for graphic design orders that includes but is not limited to logos, posters, banners, icons, etc design orders has to be made in advance. That is 100% of the quoted price should be paid for the commencement of any graphics design orders.
- Receipt of payment is deemed as acceptance of the quote, milestone, delivery, project, and terms & conditions.
- Aero Business Solutions reserves the right to negotiate and refund an appropriate portion of the amount paid by customers towards the requested service. If you cancel your order after making the payment, but the work has not commenced, we will refund 75% of the payment that you have already made. If the order is canceled after the commencement of work, the maximum refund or charge will be 50% of the quotation amount. There will be no refund or adjustments if cancellation is called when more than 50% of the work has been completed or after the first draft is completed. All cancellations must be received in writing and can be sent via regular mail or email. Telephone requests on cancellations will not be accepted.
For minor or once-off works, payments need to be made either in advance or as per the terms mentioned in the invoice/proposal/quotation. If you require any changes to the terms, you must inform us in writing (emails accepted) within two working days of the receipt of the same.
- Late fees and charges: All outstanding invoices will incur a late payment fee of 10% of the pending amount and an administration fee of Rs. 500 per week, from the due date.
Due date: This is the date on which the payment is due as per the terms on the invoice/proposal/quotation.
Outstanding Invoice: An invoice is deemed to be outstanding if the payment is still due after 14 days of the expiry of the due date.
Debt Collection: Client is provided a further 7 days after late payment fee is applied to pay the invoice. Failure to pay will result in the outstanding amount referred to a debt collector. Aero Business Solutions will not be liable for any costs or charges associated with the recovery of the outstanding amount. Any charges associated with the recovery of the outstanding amount (debt collectors, administration charges, legal fees) will be referred to the client for processing.
- If you are late with a payment or have any queries regarding the Invoice, please contact the Accounts Manager immediately on receiving the invoice or reminder emails at [email protected]
- All communications/correspondences are generally done via emails. It is the client’s responsibility to keep us updated with their relevant email addresses.
- Any payment relating to the domain name registration renewal or hosting or any 3rd party products or service purchased on behalf of the client will have to be paid in full and is non-refundable. In case of all renewal cancellations, we must be notified at least 30 days before the renewal date.
- Aero Business Solutions generally builds and tests the websites/applications on our own servers or hosted domains. The website/application will be transferred-off to the nominated 3rd party server upon full payment of all invoices, proposals, quotations and dues.
3. Additional Expenses
The client agrees to reimburse Aero Business Solutions for any additional expenses necessary for the completion of the work. These additional expenses would include but are not limited to the purchase of special fonts, stock photography, themes, graphics, etc.
4. Client Review
Aero Business Solutions 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 Aero Business Solutions otherwise within ten (10) days of the date the materials are made available to the Client. Upto two revision sessions (irrespective of the number of micro edits per session) will be provided by Aero Business Solutions post first draft delivery.
5. Turnaround Time and Content Control
The Client agrees to delegate a single individual as a primary contact to aid Aero Business Solutions with progressing the commission in a satisfactory and expedient manner.
During the project, Aero Business Solutions will require the Client to provide website content; text, images, movies and sound files as required without delay.
6. Failure to provide required website content:
Aero Business Solutions is a small business, to remain efficient we must ensure that the work we have programmed is carried out at the scheduled time. On occasions, we may have to reject offers for other work and inquiries to ensure that your work is completed at the time arranged.
This is why we ask that you provide all the required information in advance. On any occasion where progress cannot be made with your website because we have not been given the required information in the agreed time frame, and we are delayed as result, we reserve the right to impose a surcharge.
If you agree to provide us with the required information and subsequently fail to do it within two weeks of project commencement we reserve the right to close the project and the balance remaining becomes payable immediately.
NOTE: Text content should be delivered as a Microsoft Word, Google Doc, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website.
7. Web Browsers
Aero Business Solutions makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Internet Explorer, Google Chrome, etc.). The client agrees that Aero Business Solutions cannot guarantee correct functionality with all browser software across different operating systems.
Aero Business Solutions cannot accept responsibility for web pages that do not display acceptably in new versions of browsers released after the website has been designed and handed over to the Client. As such, Aero Business Solutions 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.
Accounts unpaid thirty (30) days after the date of invoice due will be considered in default. If the Client in default maintains any information or files on Aero Business Solutions’s Web space, Aero Business Solutions will, at its discretion, remove all such material from its web space. Aero Business Solutions is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account. Cheques returned for insufficient funds will result in the Client’s account being immediately considered to be in default until full payment is received. Clients with accounts in default agree to pay Aero Business Solutions reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Aero Business Solutions in enforcing these Terms and Conditions.
Termination of services by the Client must be requested in a written notice or via email and will be effective on receipt of such notice. Telephone requests for termination of services will not be honored until and unless confirmed in writing or email.
Aero Business Solutions reserves the right to negotiate and refund an appropriate portion of the amount paid by customers towards the requested service. If you cancel your order after making the payment, but the work has not commenced, we will refund 75% of the payment that you have already made. If the order is canceled after the commencement of work, the maximum refund or charge will be 50% of the quotation. There will be no refund or adjustments if cancellation is called when more than 50% of the work has been completed or after the first draft is completed. The client will be liable to pay the full amount agreed upon in the initial quotation along with any additonal charger of additons to the initially agreed upon work in case of termination of services after delivery of the firt draft. All cancellations must be received in writing and can be sent via regular mail, or email. Telephone or WhatsApp requests on cancellations will not be accepted.
The Client retains the copyright to data, files, and graphic logos provided by the Client, and grants Aero Business Solutions 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 Aero Business Solutions permission and rights for use of the same and agrees to indemnify and hold harmless Aero Business Solutions from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. A contract for website design, development and/or placement shall be regarded as a guarantee by the Client to Aero Business Solutions that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
11. Design and/or Service Credit
A link to Aero Business Solutions will appear in either small type or by a small graphic at the bottom of the Client’s website. If a graphic is used, it will be designed to fit in with the overall site’s color scheme. The Client also agrees that the website developed for the Client may be presented in Aero Business Solutions’s portfolio.
12. Access Requirements
If the Client’s website is to be installed on a third-party server, Aero Business Solutions 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.
13. Post-Placement and Post Service Alterations
Aero Business Solutions cannot accept responsibility for any alterations caused by a third party occurring to the Client’s pages once installed. Such alterations include, but are not limited to additions, modifications, or deletions.
XXI. Entire Agreement
This Agreement, together with any terms and conditions, legal notices and/or policies incorporated herein or referred to herein, constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on the Website.
If you are aware of any violations of these Terms and Conditions, please report them.