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Terms and Conditions

Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern HAZELGLOW relationship with you in relation to this website.
The term ‘HAZELGLOW’ or ‘us’ or ‘we’ refers to the owner of the website whose registered office is 257, Mtero View Apartments, Sector – 13, Pocket – B, Dwarka, New Delhi – 110078. INDIA The term ‘you’ refers to the user or viewer of our website.

The following terms and conditions apply to all services provided by HAZELGLOW to the Client.

Definitions

  • The Client: The company or individual requesting the services of HAZELGLOW.
  • HAZELGLOW: Primary designer & developer.
  • The Project: Web design, software development or other computer-related services being provided to the Client by HAZELGLOW
  • Project Completion: Completion of components outlined in project breakdown.
  • Launch: Upload to the server or release of materials to the Client.

Acceptance

  • Clients do not need to sign an acceptance of these terms and conditions for them to be applicable. By accepting a quote, clients confirm their understanding and full acceptance of these terms.
  • Please read these terms and conditions thoroughly. Any purchase or use of our services indicates that you have reviewed and accepted our terms and conditions.

Agreement

  • HAZELGLOW will only proceed with work where a formal agreement is provided, whether via email, telephone, mail, or fax. An “order” is considered a contract between HAZELGLOW and the client, including both verbal and written confirmations.
  • Please take a moment to review the project design, breakdown, quote, and terms and conditions thoroughly. Ensure that all details are clear, understood, and agreed upon by both parties.

Timeframes

  • The timeframe for project completion typically ranges from 7 to 15 days, as outlined in the project quotation provided after design and plan approval. The specific schedule will be discussed with the client prior to commencing work. At HAZELGLOW, we are committed to delivering the project in a timely manner while maintaining high-quality standards.
  • To ensure superior results, we encourage clients to allow adequate time for project completion.

Content

  • During the project, HAZELGLOW will require the Client to provide website content, including text, images, videos, and sound files. As a small business, we prioritize efficiency and must adhere to our scheduled work timelines. Occasionally, this may necessitate rejecting other opportunities to ensure on-time completion for our Client.
  • Therefore, we ask that all required information be submitted in advance. If we are unable to proceed with the project due to delayed information, we reserve the right to impose a surcharge of up to 25%. For projects involving Search Engine Optimization (SEO), timely submission of text content is essential for effective planning and execution.
  • If the Client agrees to provide the necessary information and fails to do so within one week of the project’s start, we reserve the right to close the project, and the remaining balance will become due immediately.
  • Please ensure that text content is delivered as a Microsoft Word document, email, or a similar format, with the pages corresponding to the relevant sections of your website. Each page should have the same title as the agreed website pages. Contact us for clarification if needed.
  • Clients using our content management system will have the ability to manage and update their content independently.

Standard Media Delivery

  • This Agreement assumes that unless specified otherwise in the project quotation, the Client will provide all text in electronic format. Additionally, photographs and graphics should be submitted either as high-quality printed materials suitable for scanning or in electronic formats such as .gif, .jpeg, .png, or .tiff. While HAZELGLOW will make every reasonable effort to return any images or printed materials provided for the development of the Client’s website, the return of such items cannot be guaranteed.

Web Design

  • While HAZELGLOW strives to ensure the website and any associated scripts or programs are error-free, we cannot accept responsibility for any losses resulting from malfunctions in the website or its components.
  • All assets, including the website, graphics, and programming code, remain the property of HAZELGLOW until all outstanding accounts have been paid in full, unless otherwise agreed upon by the client.
  • Any scripts, CGI applications, PHP scripts, or software created by HAZELGLOW will remain our intellectual property and cannot be commercially reproduced or resold without our explicit permission.
  • HAZELGLOW is not liable for any copyright infringement arising from materials submitted by the client. We reserve the right to decline any copyrighted material unless sufficient proof of permission for use is provided.
  • Any changes to the initial project brief will be at the discretion of HAZELGLOW. If these changes are made without charge, we accept no liability for errors in them and reserve the right to impose charges for any corrections needed as a result.
  • Clients are expected to provide HAZELGLOW with all necessary materials promptly to meet the agreed standards and deadlines.
  • HAZELGLOW is not liable for costs, compensation, or loss of earnings resulting from our failure to meet deadlines or the unavailability of the site, its servers, software, or any client-provided materials.
  • We will not involve ourselves in disputes between the site owner and their clients, nor will we accept responsibility for any misconduct on their part.
  • Upon completion of the website, the final payment is due according to our payment terms. If a client decides against moving forward after commissioning the work and paying a deposit, they are still required to settle the outstanding balance. Non-payment may result in legal action if necessary.
  • Database, Application and E-Commerce Development
    HAZELGLOW disclaims any responsibility for losses resulting from the use of software developed for clients. While we strive for accuracy and functionality, clients must ensure that all software operates correctly prior to deployment.
  • If applications or websites are hosted on servers not endorsed by HAZELGLOW, clients are responsible for obtaining necessary information, additional software, support, or cooperation related to those servers. For large-scale applications, it is the client’s duty to provide a testing environment that mirrors the final production setup.
  • Clients must thoroughly test any applications or programming associated with HAZELGLOW projects before they are released for public use. Should any bugs, errors, or issues arise after the site goes live, HAZELGLOW will make reasonable efforts to address these problems to align with the standards defined in the initial brief, but we are not obligated to do so.

Charges

  • Charges for services provided by HAZELGLOW are outlined in the project quotation sent to the Client via email. Quotations remain valid for seven (7) days. After this period, HAZELGLOW reserves the right to modify or withdraw the quotation.
  • Please note that the prices quoted are estimates and may change during the design and build phase. Changes can occur if the Client modifies their requirements or if third-party costs arise beyond HAZELGLOW’s control.
  • Any charges related to international payments or bank transfers are the sole responsibility of the Client. These charges must be covered in addition to the amounts invoiced by HAZELGLOW. HAZELGLOW does not accept ‘shared charges’ for international transactions.

Payment of Accounts

  • For projects under $500, full payment is required before work begins, unless otherwise agreed with the Client.
  • For projects exceeding $500, payments are structured in three stages:
  • Initial Payment: A minimum of 50% of the project quote is due upon agreement of the initial quote and before commencement. Any costs for third-party services, such as web hosting and domain names, may also need to be paid in full at this stage.
  • Mid-Project Payment: After the Client reviews the initial project build on a test server or suitable environment, an additional 25% is required before any amendments are made.
  • Final Payment: The remaining 25% is due upon project completion. The project is declared complete when all items outlined in the project breakdown are finished. Note that any changes requested outside the original project scope will not extend the payment deadline for the remaining balance.
  • Delays caused by the Client will not affect the payment deadlines for the remaining balance.
  • Payments must be made by bank transfer, with details provided on invoices. HAZELGLOW will issue invoices upon project completion but before publishing the live site. Invoices are typically sent via email, but hard copies can be requested. Payment is expected upon receipt.
  • Outstanding accounts must be settled within seven days of the invoice date, unless previously arranged with HAZELGLOW. Accounts not paid within this timeframe will incur a service charge of 1.5% or $30 per month, whichever is higher.
  • We will remind Clients of overdue payments via email and phone.
  • Failure to settle accounts may result in restricted access to the related website, removal of work, and delisting of web pages. Persistent non-payment may escalate to legal action, which could impact the Client’s credit rating.
  • In cases of continued non-payment, HAZELGLOW’s solicitors will reach out to the Client to discuss further action, including possible court summons.

Default

  • Accounts that remain unpaid for seven (7) days past the invoice date will be deemed in default. If a client is in default and has any information or files stored on HAZELGLOW’s web space, HAZELGLOW may remove that content at its discretion. HAZELGLOW is not liable for any data loss resulting from this removal.
  • It is important to note that removal of the content does not absolve the client from the obligation to pay any outstanding charges on their account. Clients with defaulted accounts agree to cover HAZELGLOW’s reasonable expenses, including legal fees and costs for collection services, incurred while enforcing these Terms and Conditions.

Client Review

  • HAZELGLOW offers the Client opportunities to review the website’s design and content during the design phase and upon project completion, prior to server upload or material release. The Client must communicate any required amendments within 7 days of design completion and 7 days after project development completion. After the project concludes, the materials will be considered accepted and approved.

Additional Work and Expenses

  • If the client desires design mock-ups prior to project initiation, this service is available for an additional fee.
  • Please confirm promptly if any adjustments are needed to the project breakdown and provided quote. Changes made after the quote approval, including alterations to designs or other materials, will result in additional charges.
  • Any further work requested by the client on a previously completed project will be classified as a new project, incurring its own costs.
  • The client agrees to reimburse HAZELGLOW for any additional expenses necessary for project completion, such as special fonts, stock photography, plugins, and other related items.

Web Browsers

  • HAZELGLOW is committed to creating websites that are accessible to a wide range of visitors. Our designs are compatible with the most popular browsers, including Mozilla Firefox, Microsoft Edge, and Google Chrome. However, the Client acknowledges that HAZELGLOW cannot guarantee optimal functionality across all browser software and operating systems.
  • Furthermore, HAZELGLOW cannot be held responsible for any display issues arising from new browser versions released after the website has been completed and delivered. Consequently, we reserve the right to provide quotes for any necessary updates to website design or code to ensure compatibility with updated browser software.

Passing of Rights

  • Upon full payment of all amounts owed, you will be granted rights to use the products and services, including the website and its various components—text, graphics, animations, audio, and digital elements—as outlined in the terms and conditions, the Project Agreement, and any applicable agreements or licenses. However, ownership rights are only transferred if explicitly stated in the Project Contract.
  • Please note that these rights will not be granted until payment is received in full. If the invoice remains unpaid for 10 days from the issue date, you forfeit your rights.
  • Ownership of photographs, graphics, and any third-party items, such as source code, remains with their respective owners.
  • Without our explicit written agreement in the Project Contract, all products—including Content Management Systems, interfaces, navigational elements, operational instructions, scripts, CGI applications, software, programming/source code, and other elements constituting the website—remain our property. We retain full ownership and intellectual property rights.
  • You agree not to infringe upon or undermine our rights in the website or our products and services. This includes, but is not limited to, the sale, transfer, or gifting of any portion of our property or data. You acknowledge our right to reproduce, reuse, develop, and utilize any of our owned materials in any manner we choose.

Design Credit

  • A small link or graphic crediting HAZELGLOW will appear at the bottom of the Client’s website, seamlessly integrated into the overall design. If the Client wishes to remove this design credit, a fee of 20% of the total development charges will apply. For projects under $500, a flat fee of $100 will be charged. Additionally, the Client consents to having the developed website showcased in HAZELGLOW’s portfolio and other marketing materials.

Access Requirements

  • For the successful installation of the Client’s website on a third-party server, HAZELGLOW requires temporary read/write access to the Client’s storage directories via FTP. Additionally, depending on the project specifics, further server configurations may be necessary.

Post-Placement Alterations

  • HAZELGLOW is not responsible for any changes made by third parties to the Client’s pages after installation. This includes but is not limited to additions, modifications, or deletions.

Domain Names, Website Hosting & Other Subscription Services

  • HAZELGLOW can acquire domain names, website hosting, and other subscription services on behalf of the Client. However, the Client is responsible for all payments and renewals associated with these services. HAZELGLOW is not liable for any loss, cancellation, or disruption of services resulting from late or missed payments. Clients are advised to maintain a record of payment due dates to ensure timely transactions.

Privacy Policy

Abuse

  • We reserve the right to limit or deny your access to support and terminate services if we reasonably determine that you have misused our support or services, or if you have abused our HAZELGLOW team members.

Termination

  • To terminate services, clients must submit a written notice. Termination will be effective upon receipt of this notice. Requests made via email or phone will not be recognized unless confirmed in writing.
  • Clients will be invoiced for any project work completed up to the date of the first termination notice, with payment due within thirty (30) days.
  • Please note that if a client has paid in advance, no refunds will be issued for work already completed as of the cancellation notice date.
  • Additionally, terminating services may result in extra charges, such as fees for transferring website hosting, domain names, or other services away from HAZELGLOW to another provider.

General

  • These Terms and Conditions replace any prior agreements or understandings. By signing below or making an advance payment, the Client agrees to and accepts these Terms and Conditions. Online payment also indicates acceptance of our terms.

Governing Law

  • This Agreement is governed by Indian law and will be subject to the jurisdiction of Dwarka, New Delhi, India.

Liability

HAZELGLOW limits its liability as follows:

  • We are not liable for any loss or damage due to inaccuracies.
  • We are not responsible for loss or damage resulting from omissions.
  • We do not accept liability for losses or damages caused by delays or errors in the website’s production, regardless of whether these issues stem from negligence or other factors.
  • We are not liable for any loss or damage to clients’ artwork or photos provided for the site, regardless of the cause.
  • The total liability of HAZELGLOW to the Client for any claims or breaches of this Agreement, whether due to negligence or otherwise, shall not exceed the fees paid for the Services related to the breach.

Severability

  • If any provision of this Agreement is deemed invalid, illegal, or unenforceable, the remaining provisions will remain unaffected, and the Agreement will not be voided solely for this reason. The invalid, illegal, or unenforceable provision will be replaced with a mutually acceptable provision that closely reflects the original intent of the parties involved.

Contact us at info (@) websiteagency.studio for questions related to refunds and returns.

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