Term & Condition | Bestmarg Infotech

Terms & Condition

By accessing this website (“www.bestmarg.org”) or using services of Bestmarg Infotech, you acknowledge that you have read, understood and accepted all the below mentioned Bestmarg Infotech Terms & Conditions.

Definitions :

Unless the context otherwise requires, any word, term or expression used in these Terms & Conditions shall be construed according to its ordinary meaning. This shall be without prejudice to the following:

  • The terms “we”, “us” “our” or “Company” shall refer to Bestmarg Infotech.
  • The terms “Services” shall mean the provision of any services provided by the Company.
  • The terms “you”, “your”, “User”, “Users”, “Buyer” or “Customer” shall refer to any individual or entity making use of the Services provided by the Company.
  • The terms “application”, “projects”, “website” shall refer to services provided by company.
  • All Quotations and estimates provided by Bestmarg Infotech are valid for 30 days from date of issue. Quotations not accepted within this timeframe must be re-issued.
  • All Quotations are required to be accepted using Work Order Form (WOF) and return to Bestmarg Infotech within the 30 days period from date of issuance.
  • All quoted prices, excluding where indicated, do not include Goods & Services Tax.
  • Estimates may be provided by Bestmarg Infotech to offer the client a guide on the projected costing of a project prior to any discovery or research for said project. All the estimates will be clearly marked as such and are not an indication of the final cost to develop the project.
  • All estimates will need to be formalized to a quotation or invoice before acceptance by either party as the final cost of the project.
  • Bestmarg Infotech reserves the right to suspense the services/quotation at any time without any prior information.
  • Project Orders are subject to formal acceptance in writing (via email, by letter or certifying WOF) by Bestmarg Infotech representative. Bestmarg Infotech will use commercially reasonable efforts to confirm or reject any Order within Seven (7) business days from date of receipt confirmation from client.
  • All quotations provided by Bestmarg Infotech require a minimum 30% deposit upon acceptance.
  • Unless prior arrangement has been made, final payment is strictly net 10 days from the date of completion/date of installation/ date of project/ module completion/date of Invoice..
  • Any unpaid due amounts after the above mentioned due date will be subject to interest at 1.5% per month.
  • Any cost arising from payment clearings or transaction charges are solely the responsibility of the client and will be charged as such.
  • Bestmarg Infotech will only commence work on the quoted application once any deposited funds have cleared.
  • The customer will not be entitled for any service in case of delay in payment for more than 10 days from the final date of installation/ date of project/ module completion/date of Invoice.
  • The recurring/renewal amount of the domain and hosting are subjected to change as per the market rates.
  • Bestmarg Infotech disclaims all warranties or conditions, whether expressed or implied, (including without limitation implied, warranties or conditions of information and context). We consider ourselves and intend to be subject to the jurisdiction only of the courts of Kolkata, West Bengal, India.jg
  • Customer will have seven (7) days following receipt of the Services or Deliverable (“Acceptance Period”) to complete acceptance tests as per acceptance criteria agreed in Scope of work (“Acceptance Criteria”). If no notice of non-conformance to Acceptance Criteria is reported during Acceptance Period, Deliverables or Services are deemed accepted by the Customer.
  • Buyer acknowledges that Products may contain a combination of trade secret, know-how, patent, proprietary, and confidential information of a commercial or technical nature (“Confidential Information”), and are valuable property of Bestmarg Infotech. Buyer agrees to protect Confidential Information with the same confidentiality protections as are used, or should be used, for its own confidential information, and in any case, shall make the best commercial effort to protect such Confidential Information. Confidential Information is and remains the sole property of Bestmarg Infotech (or its licensors, if any). Buyer shall not reverse engineer any Products.
  • Customer shall own all right, title and interest in and to the Deliverables. The rights, title and interest in and to the Deliverables shall be granted to the Customer only upon receipt of full payment by the company.
  • Unless specified all quotations provided for project by Bestmarg Infotech, do not include any source code license.
  • All source code and associated intellectual property relating to said source code, developed by Bestmarg Infotech, solely remains the property of Bestmarg Infotech, except where specific code license has been issued to the client and said issuance has been indicated in writing from Bestmarg Infotech.
  • Bestmarg Infotech reserves the right to implement licensing features within the quoted application.
  • Any alteration, reverse engineering, or manipulation of any kind on the code, compiled or otherwise, created by Bestmarg Infotech for the quoted application may be a breach of trademark and copyright laws. If said breach is confirmed, penalties will apply under the relevant acts.
  • Any costs incurred by Bestmarg Infotech for third party code license required to complete the project are the responsibility of the client and will be solely borne by the client.
  • Bestmarg Infotech reserve the right to attach third party contents/ tools/ application/ modules during development & R&D of the project if company has reasonable believe to do so subject to alteration of scope of work clause.
  • Under no circumstances shall Bestmarg Infotech be held liable for any direct, indirect, special, consequential, incidental damages, loss of revenue or any kind of damage incurred to the client or claimed by client.
  • Any alterations requested by the client after development has begun will incur extra development and regression testing time. Depending upon the alteration or change requested by the client, timeframe to complete the project can be extended commensurate of the time involved to implement said changes.
  • Bestmarg Infotech will not accept responsibility for any alterations performed by the client or any third party which may cause or induce errors within the quoted application.
  • Company may also request to client for alteration in scope of work for seamlessly completion of project.
  • If Bestmarg Infotech is required to incorporate said alterations or correct errors resulting from said alterations, induced, injected or otherwise caused by parties other than Bestmarg Infotech, the client will be charged accordingly.
  • Either party may terminate the Agreement upon Ten (10) days’ notice to the other party stating reason of termination.
  • Either party may terminate this Agreement immediately if the other party breaches the terms of this Agreement and the breach remain uncured for 10 days from the date of receipt of notice.
  • In case of termination Bestmarg Infotech will invoice the client for any work completed to date, as a percentage of the total work involved and same shall be paid by client.
  • Client will be liable to pay minimum 30% of the agreed amount as cancellation fee.
  • Upon Cession of services, Bestmarg Infotech reserve the right to charge client if company thinks it is appropriates.

You shall be entitled to a refund subject to termination clause only if you pre-pay for your order and refund process will be initiated only in the event of any of the following circumstances:

  • You cancelling the order before Company have confirmed the order.
  • Company rejecting your order within seven (7) business days from date of receipt confirmation from client
  • Company has neither entered any agreement with third party for your website domain, server space, other services nor has the company started to develop on your project.
  • All refund amounts shall be credited to your account in accordance with the terms that may be stipulated by the bank to the source account.
  • All timeframes offered by Bestmarg Infotech to the client are estimates. The intrinsic nature of software development and other project and its intricacies do not offer Bestmarg Infotech the luxury of defining definite timeframes.
  • Bestmarg Infotech will endeavour to complete all work within the estimated timeframes discussed with the client in the quotation. However, Bestmarg Infotech will not be liable for any penalties, monies or hardships otherwise incurred by the client if the application cannot be delivered within the estimated timeframe.
  • Bestmarg Infotech will not release the quoted application unless all payments have been made under the obligations of the quotation or work agreement.
  • The quoted application remains the property of Bestmarg Infotech until all obligations have been met for release of said application to the client.
  • If Bestmarg Infotech is working as a third party to another company, said company is responsible in meeting the obligations for release of the quote application to their client.
  • The Company shall not be responsible for any content displayed on the client website or any content which is linked to the Website. The Company does not make any representations concerning any effort to review the content and shall not be held liable or responsible for the accuracy, copyright or trademark compliance or legality of any content.
  • Clients are required to ensure that the content of the application being quoted adheres to all the current Indian legislation regarding publication.
  • The client shall further indemnify Bestmarg Infotech in respect of any claims, costs and expenses that may arise from any material included within the quoted application at the client’s request.
  • Bestmarg Infotech reserves the right not to include any material supplied by the client within the quoted application if Bestmarg Infotech has reason to believe that said material is inappropriate
  • Bestmarg Infotech will not populate the application with the final content unless said content is delivered to Bestmarg Infotech in digital format prior to commencement of work. Said content, if available, will be used for testing purposes and may not be formatted how the client requires it. If content is not available mock placeholder content will be used.
  • It is the client's responsibility, in all cases, to ensure the applications content is displayed and formatted as they require. If the client cannot format the applications content, Bestmarg Infotech will offer this service to client and will be charged separately
  • Client is solely responsible for Backup and security of the contents unless otherwise stated in scope of work.
  • The client will obtain all necessary permissions and authorities with respect to the use of all copy, graphics, logos, names and trademarks and any other material supplied by the client to Bestmarg Infotech.
  • Supply of said material by the client to Bestmarg Infotech shall be regarded as a guarantee from the client that all such permissions and authorities have been sought and obtained for said material.
  • No responsibility will be accepted by Bestmarg Infotech for damages or losses incurred by the client from the use of material for which permission or authority has not been obtained.
  • Bestmarg Infotech will pursue due care to ensure applications created by Bestmarg Infotech are free of errors.
  • Bestmarg Infotech will correct any errors made by Bestmarg Infotech staffs in the undertaking of the quoted application.
  • Bestmarg Infotech does not accept responsibility for losses or damage arising from errors within any application.
  • Bestmarg Infotech does not accept responsibility for errors, damages, losses or additional costs that relate to third party products that Bestmarg Infotech may require for completing the quoted application.
  • Bestmarg Infotech develop the features in application at good intention, If any one usages any features unlawful,misleading, or fraudulent or for an illegal or unauthorized purpose then the user is only responsible or liable. Bestmarg Infotech is not liable for this at any circumstances.
  • Website may provide links to third party sites at your request. These linked sites are not under the control of Bestmarg Infotech and Bestmarg Infotech is not responsible for the contents of any linked site or any link contained in a linked site. Bestmarg Infotech provides links to you only for your convenience, and the inclusion of any link does not imply endorsement by Bestmarg Infotech of the site. Bestmarg Infotech makes no warranty or representation and does not endorse any such Third Party Content.
  • The project may make information or material of third parties available (“Third Party contents/ tools/ application/ modules”). Any access or use of such third party contents/ tools/ application/ modules by you or in the project shall be at your own risk and responsibility.
  • Clients shall be governed by the terms and conditions applicable to the use of such third party service in addition to Bestmarg Infotech terms & conditions, If Bestmarg Infotech uses or access third party service with your knowledge in your project for seamlessly completion and maintenance.
  • Company may subcontract the services to any of its affiliates.
  • Bestmarg Infotech will be excused from any obligation to the extent performance thereof is prevented by acts of God, fire, flood, riots, material shortages, strikes, governmental acts, disasters, earthquakes, inability to obtain labor or materials through its regular sources, or any other cause beyond Bestmarg Infotech reasonable control.
  • Client cant't use any features unlawful,misleading, or fraudulent or for an illegal or unauthorized purpose.
  • Bestmarg Infotech reserve the rights to stop some of the functionality when we identified the unlawfull usage.
  • Bestmarg Infotech develop the features in application in good ethics, If we think that the features is unlawfull then we can deny the development.
  • This Site and these Bestmarg Infotech Terms and Conditions may be amended, revised, changed, updated or modified by Bestmarg Infotech with or without notice. Please review this link on a regular basis for changes. Continued use of this Site following any change to the Bestmarg Infotech Terms and Conditions constitutes your acceptance of any such change to the Bestmarg Infotech Terms and Conditions.
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