WIE SOFTWARE - Terms and Conditions

1. Contract: The client’s approval for work to commence shall be deemed a contractual agreement between the client and WIE SOFTWARE . The approval for the work can be through either an email confirming back the quote (with the quote document attached) or the quote document signed by the client.
Important: Payment of the advance fee indicates that the client accepts these terms and conditions, and approves to commence the work.

2 .3 Months Free Support & Maintenance: WIE SOFTWARE provides 6 Months Free Support & Maintenance free technical support for following kind of issues:

• Server side scripting/programming errors/bugs
• Logical Bugs/Calculation related errors/bugs
• Connection errors/API Integration Errors

Above support is not available if the errors/bugs arise due to any external entity. Examples:

• Server or software or application or extension downgrades or upgrades
• Edits done in the code/apps delivered by any external entity/person/professional
• Operating System or Browser Version Downgrades/Upgrades
• Any other factor which is not directly related to any deficiency at the end of AppSquadz

3. Photography and graphics: WIE SOFTWARE may use stock photographs and images while creating the Web & Mobile Apps. Images and graphics purchased from stock libraries are not generally included in the quote and will be invoiced separately. WIE SOFTWARE will keep the client updated about the stock images being used and the cost involved before raising the invoice.

4. Browser compatibility: WIE SOFTWARE makes every effort to design pages that work flawlessly on most popular current browsers i.e. IE10 and IE11 and latest version of FireFox/Chrome released on the date of project agreement. We however cannot be held responsible for pages that do not display acceptably in new versions of browsers released after pages have been designed. IE8 and older IE versions are outdated browsers and hence we don’t design with them in mind. We recommend using latest version of Chrome or Firefox instead of older versions of Microsoft Internet Explorer.

5. App Pump Marketing: Following services are not part of the project unless agreed otherwise in writing:

• 1-2K Instant App Downloads.
• 5M Users Potential Impressions to Application.
• 10K Reviews, Feedbacks & Ratings.

6. Web & Mobile App maintenance: Unless otherwise agreed in writing, following services will be separately billed after the Web & Mobile App has been made live:

• Features & Functionalities Add Ons
• Refinements and logical tweaks to the Web & Mobile App, which were not planned/approvedby client earlier.
• Content presentation and front end design updates which were not planned/approved by client earlier.

7. Content: After WIE SOFTWARE has delivered the Web & Mobile App to client, client is solely responsible for the content/information/images posted on his/her Web & Mobile App. If there is any error or omission by WIE SOFTWARE team while uploading/posting the content/information/images on client’s Web & Mobile App, WIE SOFTWARE will correct it if reported to WIE SOFTWARE representatives.

8. Material: All material supplied by the client shall remain client’s property. WIE SOFTWARE rightfully believes that this material belongs to the client and that it does not breach any copyright laws. Under no circumstances shall WIE SOFTWARE be held responsible for any claims, damages, and loss of profit or reputation caused to client due to the use of material provided by the client.

9. App Store or Play Store Accounts names registered by WIE SOFTWARE on behalf of client: WIE SOFTWARE provides Application name consultancy if required. App Store & Play Store names registered by WIE SOFTWARE on the client’s behalf are property of WIE SOFTWARE until client has paid for the App Store & Play Store registered and any fee involved.

WIE SOFTWARE agrees to transfer such App Store & Play Stores to the client or his/her agent when asked to do so provided that all accounts have been settled.

Note: App Store & Play Stores registered and owned by client are not subject to this term. This term applies only to those App Store & Play Stores which are registered by WIE SOFTWARE upon the request of client.

10. Travel Time and Expenses: Travelling time to and from the client premises is not generally included in our estimate. If a visit/travel is required for meeting, the client will bear all the expenses or as agreed by both the parties.

11. 3^rd Party Add-ons/services/applications: All third party costs arising from the registration of a App Store & Play Store name/purchase of third party utilities/services shall be met by the Client and are payable to WIE SOFTWARE before a formal application for registration is made. Examples of 3^rd party fees are as under:

• App Store & Play Store Names
• Web Services Development
• Extra Modules Intergrations
• 3^rd SDKs
• 3^rd Party APIs, if any, required by ‘Client’ to be integrated with the work ordered.
• 3^rd Party Plugins/apps/Applications/Software/Widgets/Services, if any, required by ‘Client’ to be integrated with the work ordered.
• Payment Gateways Signup and Recurring Fees

12. Examples of work: Unless negotiated otherwise, WIE SOFTWARE retains the right to list/display the client name and logo with or without work performed (Design/Development/Online Promotion) for the Client in its respective portfolios and promotion materials. This over-rides all previous agreements and NDAs signed.

13. Quotations: The price quoted to the client is for the work agreed in the proposal document only. Should the client decide that changes are required after the app project work has been initiated, then WIE SOFTWARE will provide a separate quote for the additional work and may need to review the timescale for completing the app project. Cost estimates and prices quoted are valid for maximum one month unless otherwise agreed.

14. Mode of Payment

• Clients : International Wire Transfers, Credit Card/PayPal via 2Checkout payment gateway.
• Clients : NEFT, RTGS or Physical Cheques mailed to our office address.

15. Payment Terms:

• Payment plan is agreed between the ‘Client’ and WIE SOFTWARE based on the milestones.
• Payment shall be due within 14 days of the invoice date unless specifically mentioned in the Invoice.
• Full publication of the Web & App Pages or Screens may take place only after full payment has been received unless otherwise agreed.
• Any material previously published may be removed if payment is not received. When this occurs, a minimum charge of $7000 INR will be charged to have the Web & Mobile App restored.
• Accounts that have not been settled within 14 days of the date shown on the invoice will incur a late payment charge of $35000 INR for delay of each week.
• In case of delay in payments beyond the due date, WIE SOFTWARE reserves the right to stop the work being commenced and ‘Client’ agrees to exempt WIE SOFTWARE from meeting the timelines agreed.

16. Cancellation: Both the parties reserve the right to cancel the project at any stage.

• In case the project is cancelled by Client, the payments made for the project can be refunded to the client after deducting the upfront payment amount received for Initiation of the project and the other payments received against the milestones completed.
• In case the project is cancelled by WIE SOFTWARE , the payments made for the project can be refunded after deducting INR 1050 per hour for the hours spent on the work performed for the client including but not limited to the time spent on project discussion, requirements gathering, project planning & documentation, project initiation and execution. After the payments are settled between the two parties – WIE SOFTWARE shall transfer to ‘Client’ - all the documents, designs and apps produced for the project.

17. Delayed Response From Client Side: Unreasonable delays from client side in providing the required feedback/information/data to finish the app project shall exempt WIE SOFTWARE from meeting the timelines mentioned in the quote. In case client does not provide required details/data/information within 15 working days, client agrees that the payments made towards the project will be forfeited and retained by WIE SOFTWARE as full and final settlement against the work completed till date. WIE SOFTWARE shall not be liable to deliver any files to client if client is not traceable or not responsive for 15 working days.

18. Time Estimates: Client agrees that stipulated timelines cannot be met if the app project scope is changed by client once the project scope document is finalized. Client agrees not to change the requirements without extending the original agreed timelines by minimum 1 week against each change request.

19. Share in profits from business or sale of business: After client makes the agreed payment for the project, WIE SOFTWARE will not claim share in client’s profits from business or from sale of business to some other company.

20. Copyright/Ownership Rights: WIE SOFTWARE will retain the copyright of any material, including design, artwork and the source code, created for the client by WIE SOFTWARE . WIE SOFTWARE reserves the right to retain the copyright on all material created by WIE SOFTWARE unless otherwise agreed between the two parties in writing. As per the agreed terms client owns rights on following items:

• Logo/Graphics/Pictures/Images supplied by client – Yes
• Web & Mobile App Interface/PSD/Creatives/Designs – Yes, if client has ordered custom design with Exclusive Rights.
• Programming Files/Source Code – Yes, if the Client has ordered the project with Exclusive Rights. Client does not own the copyright/Intellectual property rights for projects being done on Single App Store & Play Store License basis.
• If the project is being done on Single App Store & Play Store License basis, Client owns the rights to use the system only on designated App Store & Play Store and Client should take reasonable care of the system files to restrict un-authorized access of the system apps/source code delivered.

21. Ownership of Code and Intellectual Property Rights: Unless otherwise agreed, WIE SOFTWARE is the owner of the source code and the intellectual property rights and reserves the right to reuse the code for other projects.

(Terms 22nd to 25th are only applicable in case of Single App Store & Play Store Non Exclusive License)

22. Single App Store & Play Store License: Unless otherwise agreed, client agrees to setup the apps delivered only on one App Store & Play Store, and localhost. However if client wish to run different Web & Mobile Apps on different App Store & Play Store, then client has to purchase separate account for each App Store & Play Store.

For every new App Store & Play Store, client has to buy a separate license.

23. License Validity Period: License comes with 1Year expiry date as long as it is for single App Store & Play Store. (Only for WIE SOFTWARE Products)

24. No recurring costs of license: There is renewal/recurring license fee. However, if client wishes to run same Web & Mobile App on App Store & Play Store, then client has to purchase separate license for each App Store & Play Store.

25. Use of encrypted files: Unless otherwise agreed, WIE SOFTWARE can use own framework (code library in encrypted format) for web applications development for making source code of our intellectual property/apps secure from other programmers; faster turnaround time; and bug free application development. Client will be provided with detailed documentation for using framework (code library functions). With the help of documentation provided, other programmers can modify the Web & Mobile App functionality. WIE SOFTWARE framework is collection of functions related to Database Manipulation, Images/Files Management, Paging, and Form Builder etc. which looks like PHP Functions but have different syntax than default PHP functions. Other willing and efficient PHP programmers can learn and practice these functions/framework within 2-4 days.

Note : In no event, WIE SOFTWARE shall be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate these Web pages or Web & Mobile App, even if WIE SOFTWARE has been advised of the possibility of such damages. Despite the best efforts of WIE SOFTWARE , errors in web page information may occur. At no time will WIE SOFTWARE be held responsible for accidentally including erroneous information, extending beyond correcting the error.

Should WIE SOFTWARE waive any of these terms on an individual basis, this shall not affect the validity of remaining clauses or commit WIE SOFTWARE to waive the same clause on any other occasion.

By agreeing to these terms and conditions, your statutory rights are not affected.

WIE SOFTWARE reserves the right to change or modify any of these terms or conditions at any time, but agreements signed prior to the updates in this agreement remains unaffected. Please feel free to contact us for more info/clarification about any of the terms and conditions mentioned above.