Contractual Agreement
By engaging Blackwolve Technologies for the development of a third-party website ("Website"), you ("Client") agree to the following terms and conditions as outlined below. This agreement is subject to the terms agreed upon in writing between the parties, specified in the Proposal document.
Project Scope
Blackwolve Technologies ("Developer") will develop the Website as per the Client's requirements outlined in the Project Proposal, upon receipt of the agreed fees.
Any amendments to the Project Specification must be made in writing and agreed upon by both parties. Additional expenses incurred due to changes beyond the agreed scope may be charged to the Client.
Delivery and Acceptance
Upon completion of the Website, the Client will make full payment of fees as outlined in the Payment Schedule. The Website will be deployed to the Client's hosting server upon receipt of payment.
If the Client requires the Website to be loaded onto third-party hosting services, additional fees may apply. The Client shall have a 14-day Acceptance Test Period to ensure the Website conforms to the Project Specification. Acceptance of the Website is assumed unless material differences are raised within this period.
Content, Materials, and Feedback
The Client will provide all necessary content, data, and materials ("Client Content") required for the Project in a timely manner. Any delays in delivering Client Content may result in project delays or additional expenses, for which the Developer shall not be liable.
Fees and Payment
The Client agrees to adhere to the Project fees outlined in the Payment Schedule as detailed in the Project Proposal. Failure to meet payment deadlines may lead to a temporary halt in project progress or termination of the Agreement. Timely payment is crucial to maintain the momentum of the project and ensure its successful completion within the agreed-upon timeframe.
Intellectual Property Rights
The Client grants the Developer a limited license to utilize Client Content exclusively for the Project's purposes. Upon full payment, the Developer will transfer ownership of the Website design, software, and coding to the Client.
Warranties and Limitation of Liability
Both parties confirm their authority to enter and fulfill this Agreement. The Developer pledges competent performance, while the Client asserts ownership of Client Content and its non-infringement of third-party rights. The Developer's liability is restricted in accordance with the terms specified herein.
Termination
This Agreement naturally concludes upon the completion of the Project, unless mutually prolonged. Termination may arise in instances of substantial breach, insolvency, or failure to fulfill obligations. Should either party fail to meet its commitments or engage in actions detrimental to the agreement's integrity, termination becomes a viable course of action. However, termination does not negate previous obligations or liabilities accrued under the Agreement. It serves as a means of addressing severe deviations from agreed-upon terms and conditions, ensuring accountability and fairness throughout the contractual relationship.
Confidentiality
Mutual respect for confidentiality forms a cornerstone of this Agreement. Both parties commit to safeguarding sensitive information exchanged during the project's course, except when required by law. Confidentiality breaches can erode trust and compromise the integrity of the working relationship. By upholding this provision, both parties demonstrate their dedication to maintaining the confidentiality and security of proprietary information. This commitment fosters a conducive environment for collaboration, enabling effective communication and mutual trust.
Publicity
The Client commits to acknowledging the Developer's contribution to the Website, recognizing their role in its creation and development. Simultaneously, the Developer reserves the right to reference the Project in promotional materials without explicit approval. This provision ensures transparency and fairness in acknowledging each party's involvement in the project's success, fostering positive relationships and promoting collaboration.
Notice
Formal communication within the scope of this Agreement must adhere to written formality and delivery specifications outlined herein. Ensuring proper notice procedures are followed enables effective communication between the parties, facilitating clarity and understanding regarding any contractual matters or developments.
General
Maintaining the integrity of this Agreement requires adherence to its provisions, even in the event of failure to enforce a specific term. The invalidation of any provision does not nullify the remaining terms, emphasizing the continued validity and enforceability of the Agreement as a whole.
Jurisdiction
This Agreement falls under the jurisdiction of India, Gujarat's laws, exclusively subject to its legal framework. By engaging in the Project, the Client explicitly acknowledges and accepts these specified Terms and Conditions, binding both parties to their provisions.