Felapontonon (Cybermead Technological Services Ltd)

(Terms 1st to 17th Standard Terms applicable on all services/projects)

1. Contract: The client's approval for listing shall be deemed a contractual agreement between the Client and Felapontonon. The approval for onboarding can be through either an email confirming back the quote (with the quote document attached) or the quote document signed by the client.

Whereas, Felapontonon is in the business of providing E-commerce Services on Computer based Information Technology, to its clientele, including any affiliates, subsidiaries, divisions of Felapontonon's clients and customers (hereinafter referred to as "Customers") and Felapontonon is in the business of producing marketing materials for its Customers whether copyrightable/patentable or not (hereinafter referred to as "Product" or "Products")

Now THEREFORE, in consideration of mutual promises, covenants and conditions set forth herein, The parties hereto agree to the terms mentioned in this agreement/proposal.

Important: Payment of the advance fee indicates that the client accepts these terms and conditions, and approves to commence the work.

2. Usage of Felapontonon Services/Products/Solutions: Client agrees not to use the Felapontonon services/products delivered for any business which is harmful to the society or children or is illegal. Further the Client is fully responsible for all and any content published/distributed or allowed to be published/distributed through the Client’s website whether hosted on servers owned/maintained by Felapontonon or by the Client himself. Client shall execute best possible precautionary and security measures to restrict any illegitimate use of the services/solutions precured from Felapontonon.

3. Browser compatibility: Felapontonon makes every effort to design pages that work flawlessly on most popular current browsers i.e. latest version of IE/FireFox/Chrome released on the date of project agreement. However, Felapontonon cannot be held responsible for pages that do not display acceptably in newer versions of browsers released after pages have been designed. IE11 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. Felapontonon can work on improving UI/UX for older versions of Internet Explorer for an additional charge.

4. Content: After Felapontonon has delivered the website to client, client is solely responsible for the content/information/images posted on his website. If there is any error or omission by Felapontonon team while uploading/posting the content/information/images on client’s website, Felapontonon will correct it if reported to Felapontonon representatives.

5. Material: All material supplied by the client shall remain client’s property. Felapontonon rightfully believes that this material belongs to the client and that it does not breach any copyright laws. Under no circumstances shall Felapontonon 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.

6. 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.

7. Examples of work: Unless negotiated otherwise, Felapontonon 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.

8. 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 project work has been initiated, then Felapontonon will provide a separate quote for the additional work and may need to review the timescale for completing the project. Cost estimates and prices quoted are valid for maximum one month unless otherwise agreed.

9. Payment Terms:

• Payment plan is agreed between the ‘Client’ and Felapontonon 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 website/technical work will only take place after full payment has been received in our account unless otherwise agreed in writing.
• Any material previously published may be removed if payment is not received. When this occurs, a minimum charge of $250 USD will be charged to have the site restored.
• Accounts that have not been settled within 14 days of the date shown on the invoice will incur a late payment charge of $100 USD or 5% of the Invoiced Amount (whichever is higher), for each week delayed.
• In case of delay in payments beyond the due date, Felapontonon reserves the right to stop the work being commenced and ‘Client’ agrees to exempt Felapontonon from meeting the timelines agreed.

10. 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 Felapontonon, the payments made for the project can be refunded after deducting USD 15 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 - Yo!Kart shall transfer to ‘Client’ - all the documents, designs and scripts produced for the project.
• 30 days money back guarantee: Felapontonon offers "30-Days Money-Back Guarantee to ensure customer satisfaction and mutual trust. If for any reason you wish to discontinue using the product, within 30 days of the purchase, we will issue a refund within 24-48 hours after deducting 4% payment gateway transaction fee and USD 15/hour for the hours spent on your project.
  • After project/order cancellation/refund issued, Felapontonon reserves all rights to take down the website published. Client is responsible to keep a backup of the data published on the website/server, Felapontonon shall not be held responsible for any data/files lost.

11. Penalty Clause

(A) Penalties applicable on Felapontonon:

Felapontonon agrees to finish the project as per the detailed project scope agreed to, within the agreed timeline. If there is the delay in finishing the project, Felapontonon agrees to the penalty of X % of the original project price for each week delay in submitting the Project for the final review to the client. If Felapontonon delays the project submission for ‘Client’ final review by more than 8 weeks, then Client can request for cancellation of the project and seek the full refund, however, the refund amount shall not exceed the originally agreed project price (excluding the Amount Charged for additional requirements and change requests). Amount charged for additional requirements/change requests shall not be refunded.

X% = 50/Project Duration Weeks (Calendar Weeks); X% should not exceed 4% unless otherwise explicitly agreed to.

Penalty Amount/Refund applicable shall be adjusted against/out of the pending amount owed by the client towards Felapontonon/Cybermead and any remaining amount shall be refunded to the client via wire transfer or PayPal or any other mode of payment as per mutual agreement.

Once full refund has been issued, the project shall be marked cancelled and Felapontonon shall be relieved from all liabilities towards the client and client shall not make any claims, objections, demands from Felapontonon for any loss or damages incurred at his/her end due to the delay. Felapontonon shall own all rights on the work done, designs, scripts, documents, other outputs and elements created for the project and client shall not use any of the work, scripts, designs, documents already delivered. Client shall be liable to pay full project price in case Client uses or copies any piece of the work, design, script, elements and documents produced by Felapontonon for the project.

(B) Responsibilities applicable on Client:

Client should provide all comments, feedbacks, suggestions about the project scope during the Detailed Project Scope Documentation phase; subsequently any changes or modifications or enhancements done to the project scope would be additionally chargeable with or without delivery timelines revision. And if there are changes which are accepted by Felapontonon without additional charge, timeline should extend by the number of days required to implement those additional non-billable items.

• Client should make payments as per the agreed payment terms, else Felapontonon should be exempt from meeting the timelines agreed to, and will not be liable to any kind of penalties for the delay in delivery of the project.
• Client should provide his feedback on the work submitted for their review within 1 week, if there is a delay from client side in providing feedback on the work submitted for their review, Felapontonon should be exempt from meeting the timelines agreed to, and will not be liable to any kind of penalties for the delay in delivery of the project.
• If Client changes the Functional Requirement - Client understands and accepts that additional cost and working days will be added to the project, hence the project delivery timeline will need to be revised.

12. Delayed Response From Client Side: Unreasonable delays from client side in providing the required feedback/information/data to finish the project shall exempt Felapontonon from meeting the timelines mentioned in the quote.

In case client does not provide required details/data/information for more than 15 working days, client authorizes Felapontonon to forfeit the payments made towards this project.

In case, during the project duration, the client does not maintain communication with Felapontonon for more than 30 calendar days, client agrees that the project/services shall be deemed as received and accepted by the client, and the client further authorizes Felapontonon to mark the project completed and invoice the client for remaining un-invoiced amount as per the total project price agreed.

However, Client can instruct Felapontonon to put project on hold provided:

• client agrees to pay project resumption fee of USD 1,000 or 25% of the total project price, whichever is higher.
• ‘on-hold’ period does not exceed 2 calendar months
• client agrees the professionals attached to the project (Project Team Structure) may be different from originally agreed.
• client agrees to pay this project resumption fee every time a project is being put ‘on-hold’.

13. Escalation: Felapontonon ensures you get right assistance to resolve issues in a timely manner. If your concerns are not entertained to your satisfaction, you can escalate critical issues to higher level of management. You may follow the below-mentioned escalation matrix to avoid any delay or discomfort in the event of dissatisfaction.

• First Level Escalation: In case of delay in project timelines or unsatisfactory response from your associated Project Manager/Business Analyst, You may escalate your case and expect a response within next 2 working days.
• Final Escalation: If you don't receive a satisfactory solution from any of the team members following the first level of escalation, or haven't received a reply within 5 business days after submitting your Feedback/Query/Complaint, you may escalate your case. Rest assured that immediate action will be taken.

14. Time Estimates: Client agrees that stipulated timelines cannot be met if the 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.

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

16. Copyright/Ownership Rights: Felapontonon will retain the copyright of any material, including design and artwork, created for the client by Felapontonon. Felapontonon reserves the right to retain the copyright on all material created by Felapontonon 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.

17. Termination of the agreement: If either party terminates this Agreement for any reason, the parties will continue to perform all of their respective obligations under this Agreement

Note : In no event, Felapontonon 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 website, even if Felapontonon has been advised of the possibility of such damages. Despite the best efforts of Felapontonon, errors in web page information may occur. At no time will Felapontonon be held responsible for accidentally including erroneous information, extending beyond correcting the error.

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

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

Felapontonon 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.

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