1.1 Quotations submitted according to project specifications will remain valid for a period of 30 days from quote date. If this 30 day period lapses without client approval, or without requests for alterations or extensions by the client, the quote will expire. Thereafter, Red Chip may amend the quote according to our current rates.
1.2 ALL quotations are submitted on the condition that all content, text, images and relevant information will be supplied by the client to Red Chip, unless otherwise agreed upon. Amendments can be made to the quotation within 14 days of the original quote date, however each new quote submitted will have the effect of completely overriding it’s preceding quote.
1.3 As all quotations are carefully considered in light of each projects specific technical requirements, Red Chip reserves the right to amend any quote should the projects specifications change, or if it becomes clear that the projects specifications were not communicated in a reasonably clear and correct manner by the client to Red Chip at the outset of the project.
1.4 In the event that a client is unable to provide a detailed project specifications document, Red Chip reserves the right to quote and bill for the initial research and planning needed to outline the exact specifications and technical requirements necessary to complete the project as required by the client. Such research and planning shall be billed according to our standard hourly rate.
1.5 Red Chip reserves the right to quote & bill for project management. Such project management shall be billed according to our standard hourly rate.
1.6 To formally accept a quotation by Red Chip, the quote must be signed and dated by the client and a scanned copy is to be returned to Red Chip via email ([email protected]). No project will commence unless it’s formal acceptance of the quote is received by Red Chip within the 30 day period as specified in point 1.1
2. Deposit and Placement of Order
2.1 The 50% deposit of the total quoted amount becomes due immediately once the quote is formally accepted and once an invoice has been sent to the client. Red Chip accepts cash deposits, electronic transfers. Credit card payments are accepted in special circumstances and if previously arranged upon.
2.2 No project shall commence until the 50% deposit has been made and confirmed. Should a client cause a delay in the commencement of the project by failing to make deposit within a reasonable time period, Red Chip accepts no responsibility should the deadline of the project not be met.
3. Project Phases
3.1 Each phase of a project requires formal written approval, or sign off, by the client. Red Chip will not proceed with a project phase unless such written approval has been received by the client for the preceding phase. Red Chip reserves the right to place a project on hold until such approval is given, and accepts no responsibility should the deadline of the project not be met as a result of this.
3.2 Alterations, and additions may be requested at any time, during any phase of the development of a project. Red Chip will determine whether or not such alterations and additions fall within the scope of the original project brief and specifications. If they do not, Red Chip reserves the right to quote and bill for such alterations and additions, over and above the original quoted amount, according to our standard hourly rate. In the event of this happening, Red Chip will need to receive approval from the client, before any development commences.
3.3 It remains the sole responsibility of the client to provide a project brief, and or, specifications document which is detailed, accurate, clear and which sufficiently outlines the projects development requirements. Red Chip accepts no responsibility for any misunderstandings arising from a poorly drafted specifications document. Further, Red Chip reserves the right to charge additionally for any extra development time incurred as a result.
4. Red Chip’s Hosting Server – Terms of Usage
Customer, or its contractors, employees, directors, officers, representatives, agents and affiliates, either directly or indirectly, shall not use or permit use of the Hosting Order, in violation of this Agreement, and for any of the activities described below –
4.1 General Terms
4.1.1 For any unacceptable or inappropriate material as determined by Parent in its sole discretion, including but not limited to Topsites, IRC Scripts/Bots, Proxy Scripts/Anonymizers, Pirated Software/Warez, Image Hosting Scripts (similar to Photobucket or Tinypic), AutoSurf/PTC/PTS/PPC sites, IP Scanners, Bruteforce Programs/Scripts/Applications, Mail Bombers/Spam Scripts, Banner-Ad services (commercial banner ad rotation), File Dump/Mirror Scripts (similar to rapidshare), Commercial Audio Streaming (more than one or two streams), Escrow/Bank Debentures, High-Yield Interest Programs (HYIP) or Related Sites, Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme), Sale of any controlled substance without prior proof of appropriate permit(s), Prime Banks Programs, Lottery Sites, MUDs/RPGs/PPBGs, Hateful/Racist/Harassment oriented sites, Hacker focused sites/archives/programs, Sites promoting illegal activities, Forums and/or websites that distribute or link to warez/pirated/illegal content, Bank Debentures/Bank Debenture Trading Programs, Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com), Mailer Pro.
4.1.2 Use over 25% of system resources, including but not limited to Memory, CPU, Disk, Network, and Bandwidth capacity, for longer than 90 seconds in any consecutive 6 hour period.
4.1.3 Execute long-running, stand-alone, unattended server-side processes, bots or daemons.
4.1.4 Run any type of web spiders or indexers.
4.1.5 Run any software that interfaces with an IRC (Internet Relay Chat) network.
4.1.6 Run, host, or store any P2P client, tracker, software, server, files, content or application, including bittorrent.
4.1.7 Participate in any P2P or file-sharing networks.
4.1.8 Use excessive resources which in the Parent’s sole discretion result in damage or degradation to the performance, usage, or experience of OrderBox, other users, other orders, and any of Parent’s services.
4.1.9 Use the email service for sending or receiving unsolicited emails.
4.1.10 Use the email service for sending or receiving emails through automated scripts hosted on your website. For sending out promotional emails, email campaigns, etc., we recommend using the Mailing Lists feature rather than using your email account. Upon detection of such mails going through the regular mailing system, such mails will get classified as spam even though the recipient might have opted in for receiving such mails. This would lead to immediate cessation of mail sending capabilities for the user or the domain name. Frequent violation would lead to permanent suspension of the domain name.
4.1.11 Sending mails to invalid recipient email addresses. On receipt of too many bounce back messages due to invalid recipient email addresses, the user sending such mails would get blocked. Frequent violation would lead to permanent suspension of the domain name.
4.1.12 Sending mails from an email address that is not valid and which results in triple bounces would result in suspension of the user sending such mails. Frequent violation would lead to permanent suspension of the domain name.
4.1.13 Send emails with malicious content. Such emails could be emanating from user(s) whose machine(s) are infected with a virus or malware and such activity could be happening without the user(s) knowledge or user(s) could be unknowingly sending out emails whose receivers may deem them as unsolicited.
4.1.14 Run cron entries with intervals of less than 15 minutes.
4.1.15 Engage in any activities related to purchase, sale or mining of currencies such as Bitcoin.
4.2 Web, Email Hosting Specific terms
4.2.1 As a backup/storage device.
4.2.2 Run any gaming servers.
4.2.3 Store over 100,000 files.
4.2.4 Constantly create and delete large numbers of files on a regular basis, or cause file system damage.
4.2.5 Run any MySQL queries longer than 15 seconds.
4.2.6 Divide Multi-Domain Hosting Orders into smaller packages to resell. Multi-Domain Hosting Orders can only be used by a single Company or Customer to host websites that are fully owned by them. Certain relevant Documents, other than domain name whois details, with respect to company and domain names/website ownership will need to be presented when requested. Having the same whois details for all domain names in your Multi-Domain Hosting Order will not be enough to substantiate ownership.
4.2.7 Store a large number of media files (audio, video, etc.), wherein the limit is at Parent’s sole discretion.
4.2.8 Send over 100 messages per hour per user and/or 300 messages per hour for a domain name. Receive a high volume of emails, by a user or domain name, in any given period of time.
4.2.9 Purchase/use a Dedicated IP Address without installing an SSL Certificate.
4.2.10 Use more than 50% of the website’s disk space used by your Hosting order for storing emails.
4.2.11 Use a WHMCS license issued by the Parent with any product/service other than the one for which it was issued.
4.2.12 Store more than two website backup files.
4.2.13 Use more than 5GB per database.
4.3.1 It must be stated that Red Chip does not provide support for 3rd party web servers / web hosting providers. Should a client request assistance with their hosting service provider, Red Chip reserves the right to bill for any such assistance provided.
4.3.2 In the event that a client’s website should experience technical difficulty, or downtime, and the source of such difficulty is found with the client’s 3rd party hosting provider, Red Chip accepts no responsibility and shall not be held liable for any financial loss suffered by the client as a result.
4.3.3 It is expected that the client, and the client’s hosting provider will co-operate fully with Red Chip to complete the project successfully. It is expected that the client, and or, hosting provider shall provide the relevant access credentials to Red Chip to successfully complete the project.
4.3.4 Red Chip shall under no circumstances provide FTP, database, login or any other confidential information, unless it is specifically requested in writing, by an authorized representative, via the authorized email address on file.
5. Disclaimer for liability
5.1 The client shall have no claim against Red Chip and the client hereby indemnifies and holds Red Chip free from liability in respect of any loss, damage or cost caused by or arising from:
5.1.1 any fact or circumstances beyond the reasonable control of Red Chip; or
5.1.2. any downtime, outage, interruption in or unavailability of any of the services or the Red Chip network infrastructure as a result of or attributable to any of the following causes:
18.104.22.168 software or hardware service, repairs, maintenance, upgrades, modification, alterations, replacement or relocation of premises;
22.214.171.124 the non-performance or unavailability, of whatever nature and howsoever arising of any of the services provided by Telecom (including, but not limited to, line failure) or in any international services or remote mailservers;
126.96.36.199 the non-performance or unavailability, of whatever nature and howsoever arising, of external communications networks to which the client’s server or the Red Chip network is connected;
188.8.131.52 the service, repairs, maintenance, upgrades, modification, alterations or replacement of any hardware forming part of the client’s services or any faults or defects of whatever nature in such hardware;
5.1.3 any infringement of the client’s rights of privacy and/or any other like rights (including those of any other person or entity), arising from the services provided in terms of this agreement;
5.1.4 any breach of security by any third party or any breach of confidentiality by a third party or otherwise arising from any access howsoever obtained by a third party to the client’s information, data or content;
5.1.5 the damage, contamination or corruption of any kind of the client’s data, material, information and/or content howsoever occasioned;
5.1.6 any service, repairs, maintenance, upgrades, modification, alterations, replacement or work of any nature done on the client’s hardware, software or systems by any party other Red Chip;
5.1.7 without limiting the foregoing, any fact, cause or circumstances whatsoever and howsoever arising if Red Chip has substantially performed its obligations under this agreement.
5.2 Notwithstanding anything to the contrary contained in this agreement or in any addendum or annexure to this agreement, the client shall have no claim against Red Chip and the client hereby indemnifies and holds Red Chip free from liability in respect of any loss, damage or cost which is indirect, consequential or incidental in nature.
5.3 Red Chip reserves the right to take whatever action it deems necessary at any time to preserve the security and reliable operation of the Red Chip network and the client undertakes that it will not do or permit anything to be done which will compromise the security of the Red Chip network.
5.4 Although Red Chip shall use reasonable endeavours to provide disaster recovery, Red Chip does not specify any recovery time, nor shall Red Chip be liable for any loss or damage of whatever nature incurred or suffered by the client from any cause whatsoever as a result of Red Chip’s failure to provide, or delay in providing, or providing only partial, disaster recovery. The client is accordingly advised to make back-ups of its data. Nothing contained in this paragraph should be construed as a representation that any back-ups of data implemented by client will be successful or in any way will avoid disaster.
6. Maintenance and repair
Red Chip may temporarily suspend its obligations in terms of this agreement in order to service, repair, maintain, upgrade, modify, alter, replace or improve any of Red Chip’s services and products. Where the circumstances permit, Red Chip shall use its best endeavours to provide prior notice of any such suspension to the client. The client shall not be entitled to any set-off, discount, refund or other credit in respect of any such suspension of service nor in respect of any suspension that is beyond Red Chip’s control.
7. Intellectual property
7.1. All intellectual property rights vested in or owned by a party or held by a party under any licensing agreement with any independent third party (including, but not limited to, intellectual property rights obtained or developed by a party after commencement of this agreement), shall be and remain the sole property of such party and the relevant licensor’s respectively.
7.2. The client shall not be entitled to use any of the trademarks, logos, brand names, domain names or other marks (collectively referred to herein as “marks”) of Red Chip without the prior written approval of Red Chip. The client hereby grants Red Chip a non-exclusive licence to use the client’s marks but only to the extent necessary or required by Red Chip to exercise its rights or fulfill its obligations under this agreement.
7.3. Other than specifically provided in this agreement, Red Chip shall wholly and exclusively retain all existing, and become the exclusive and unencumbered owner of all, intellectual property right(s) employed in or otherwise related to the Red Chip network infrastructure, the Red Chip e-commerce network infrastructure, Red Chip’s business and the provision of any of the services in terms of this agreement.
Project Specific Terms
1. Specifications and Payment terms
1.1 Once a quote has been accepted, a 50% deposit is required before development commences. The remaining balance will be paid upon completion of the project according to the project’s specifications, or on presentation of the relevant invoice. If any development outside of the original project specifications is required, Red Chip reserves the right to amend the total amount quoted according to our standard hourly rate, or as agreed upon prior to the commencement of the additional work requested.
1.2 Additionally, no design or development work will begin, unless Red Chip has been provided with all content and specifications documents necessary to complete the project, by the client.
1.3 Should the project not be completed within 12 months subsequent to payment of the 50% invoice, and such delay has been caused by;
1.3.1 the client’s failure to provide all necessary content & project specifications as described in point 1.2;
1.3.2 timeous approval of the various stages of the project; the 50% deposit will expire and the paid amount will be forfeited. In such a case, Red Chip shall cease all work on the project and re-issue a second 50% invoice to the client, which shall also include any work completed, but not previously invoiced for.
1.4 The first design concepts will be provided within 7 working days upon confirmation of the 50% deposit.
2.1 Any additional data capturing done as a result of incorrect or non-electronic formats provided, will be billed for according to our standard hourly rate. Content embedded within an image is not considered a usable format as it requires re-typing. Though all source code is the intellectual property of Red Chip, it will be made available to the client upon the completion of the project. Red Chip ensures that all information and data provided by the client remains confidential.
2.2 It is the client’s sole responsibility to ensure that the content, images, trademarks and other artwork supplied to Red Chip for the use of the project, are owned by the client, or that the client has the necessary permission from the rightful owner to make use of such content. Red Chip, accepts no responsibility in the event that such ownership, or right of use is legally disputed.
3. Design Phase
3.1 Development of the website will not begin until a design has been formally signed off by the client, or if written approval of a design concept has been given.
3.2 Once formal written approval of the design concept to be used for the website has been given, 60% of the deposit becomes non-refundable.
3.3 Red Chip reserves the right to charge for any design changes required after sign off, according to our standard hourly rate.
3.4 Red Chip will provide one design concept for a small website, ie. a website containing 5 pages or less.
3.5 Red Chip will provide two design concepts for a large website, ie. a website of 5-10 pages.
3.6 Red Chip will provide three design concepts for custom WordPress websites.
3.7 Should additional design concepts be requested, a fee of INR 1500 ex GST will be charged per design concept.
3.8 Red Chip will complete 3 design changes to the chosen design concept at no extra charge. Should more than 3 changes be requested, an fee will be charged according to our standard hourly rate.
3.9 Within 10 working days from date of payment of the 50% deposit, Red Chip will provide the client with the first drafts of the design concept.
4. Development Phase
4.1 Once a development site and link has been created for the client to view the progress of the site’s development, the remaining 40% of the deposit becomes non-refundable.
4.2 Final launch of the complete project will occur;
4.2.1 Once the development phase has been formally signed off by the client, and;
4.2.2 Once final payment has been made.
4.3 Red Chip reserves the right to charge for any development updates or additions required after sign off of the development phase, according to our standard hourly rate.
5. Bug Fixes
5.1 Bugs are considered anything that prevent the developed product from functioning according to the website specifications given, after launch of the website. Bug fixes made within the first month of the website launch, will not be charged for. Thereafter, Red Chip reserves the right to charge additionally for bug fixes.
5.2 Aesthetic changes to the final, client approved design concept, are not considered as bug fixes, and will be charged for according to our standard hourly rate, or as agreed upon prior to the commencement of the additional changes.
6. Red Chip Inbound Link
Red Chip reserves the right to place a link to the Red Chip website (https://redchip.in) within the footer of the design / developed website, unless otherwise agreed upon.
7. Final Launch
7.1 Launch of the final website will occur after Red Chip has received the final proof of payment. Launch will occur within normal office hours, being 8am 5pm, Mondays to Fridays.
7.2 If the final proof of payment is received before 12am on any given working day, launch will occur that same day. If the proof of payment is received after 12am, launch will occur the following working day.
7.3 Should Red Chip be required to launch over a weekend, public holiday, or outside of normal office hours, an additional fee will be charged according to our standard hourly rate.
Last Updated : March, 2018