Terms and Conditions
Think Big Digital
The client’s approval for work to commence shall be deemed a contractual agreement between the Client and Think Big Digital. The approval for the work can be through either an email confirming back the quote (with the quote document attached) or the quote document signed by the client.
Whereas, Think Big Digital is in the business of providing Consultancy and allied Services on Computer-based Information Technology, to its clientele, including any affiliates, subsidiaries, divisions of Think Big Digital’s clients and customers (hereinafter referred to as “Customers”) and Think Big Digital is in the business of producing Softwares, Designs, Software Planning Documents/Diagrams and Creative works 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 Think Big Digital Services/Products/Solutions:
The client agrees not to use the Think Big Digital 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 Think Big Digital or by the Client himself. The client shall execute the best possible precautionary and security measures to restrict any illegitimate use of the services/solutions procured from Think Big Digital.
3. 1 Year Free Technical Support:
Think Big Digital provides 1-year free technical support for the following kind of issues:
a) Server-side scripting/programming errors/bugs
b) Logical Bugs/Calculation related errors/bugs
c) Connection errors/API Integration Errors
The above support is not available if the errors/bugs arise due to any external entity.
Examples: a) Server or software or application or extension downgrades or upgrades b) Edits done in the code/scripts delivered by any external entity/person/professional c) Operating System or Browser Version Downgrades/Upgrades d) Any other factor which is not directly related to any deficiency at the end of Think Big Digital
Above support is not available for following kind of instances, unless otherwise specifically covered in the scope of project and/or deliverables:
a) Training for using the software/solutions delivered
b) General inquiries/questions related to particular features of the software/solution delivered
c) Cosmetic updates and/or UI/UX updates
d) Enhancements or modifications in the default features/functional logics of the software/solutions delivered.
Exclusion: Unless otherwise agreed explicitly, this 1-year Free Technical Support is not available for following kinds of engagement/association with Think Big Digital:
(a) Full-Time Web Designer or Developer Engagement/Hired
(b) Think Big Digital Designers and/or Developers are working with Client Team directly where project management is being done by the Client Team.
(c) Think Big Digital is hired only for Installation and/or Support works and/or Quality only but not for the project development
4. Photography and Graphics:
Both parties agree to abide by the following terms:
a) Unless otherwise agreed – Stock Images used for creating any banner or promotion graphic or animation are not part of the project deliverables, Client should purchase the license to use the stock images from respective 3rd parties at his/her own cost.
b) Think Big Digital may use stock photographs and images while creating the website. Images and graphics purchased from stock libraries are not generally included in the quote and will be invoiced separately.
c) At the request of the Client – Think Big Digital will keep the client updated about the stock images being used and the cost involved before raising the invoice.
d) Images used by Think Big Digital for product demos shall not be used by the client unless the client has purchased the usage rights for those images. The client shall be fully responsible for violation of any 3rd party copyright.
e) Images delivered by Think Big Digital along with a bundled software/solution/script are for Demo Purpose only and shall not be used for commercial purposes. The client should contact Think Big Digital for more information about the price of those images if the Client wishes to use those images for commercial purposes OR Client should replace the default images with the images owned by the Client.
5. Browser compatibility:
Think Big Digital 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 the project agreement. However, Think Big Digital 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 the latest version of Chrome or Firefox instead of older versions of Microsoft Internet Explorer.
6. Search Engine Submission:
Following services are not part of the project unless agreed otherwise in writing:
a) Submission of websites on different search engines.
b) Securing a good ranking of your website on different search engines.
c) Search Engine Optimization – On-Page/Off Page.
7. Site maintenance:
Unless otherwise agreed in writing, the following services will be separately billed after the website has been made live:
a) Content updates
b) Refinements and logical tweaks to the website, which were not planned/approved by the client earlier.
c) Content presentation and design updates that were not planned/approved by the client earlier.
After Think Big Digital has delivered the website to the client, the client is solely responsible for the content/information/images posted on his website. If there is any error or omission by Think Big Digital team while uploading/posting the content/information/images on the client’s website, Think Big Digital will correct it if reported to Think Big Digital representatives.
All material supplied by the client shall remain the client’s property. Think Big Digital rightfully believes that this material belongs to the client and that it does not breach any copyright laws. Under no circumstances shall Think Big Digital be held responsible for any claims, damages, and loss of profit or reputation caused to the client due to the use of material provided by the client.
10. Domain names booked by Think Big Digital on behalf of a client:
Think Big Digital provides domain name consultancy if required. Domain names registered by Think Big Digital on the client’s behalf are the property of Think Big Digital until the client has paid for the domain booked and any fee involved.
Think Big Digital agrees to transfer such domains to the client or his/her agent when asked to do so provided that all accounts have been settled.
Note: Domains booked and owned by the client are not subject to this term. This term applies only to those domains that are booked by Think Big Digital upon the request of the client.
11. Travel Time and Expenses:
Traveling time to and from the client premises is not generally included in our estimate. If a visit/travel is required for the meeting, the client will bear all the expenses or as agreed by both parties.
12. 3rd Party Add-ons/services/applications:
All third party costs arising from the registration of a domain name/purchase of third party utilities/services shall be met by the Client and are payable to Think Big Digital before a formal application for registration is made. Examples of 3rd party fees are as under:
i. Domain Names
ii. Server Space Hosting Fees
iii. SSL Certificates
iv. Backup Services
v. 3rd Party APIs, if any, required by ‘Client’ to be integrated with the work ordered.
vi. 3rd Party Plugins/Scripts/Applications/Software/Widgets/Services, if any, required by ‘Client’ to be integrated with the work ordered.
vii. Payment Gateways Signup and Recurring Fees
13. Examples of work:
Unless negotiated otherwise, Think Big Digital 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.
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 Think Big Digital 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 a maximum of one month unless otherwise agreed.
15. Mode of Payment
a) Clients Based Outside India: International Wire Transfers, Credit Card/PayPal
b) Clients Based in India: NEFT, RTGS, UPI
16. Payment Terms:
i. The payment plan is agreed between the ‘Client’ and Think Big Digital based on the milestones.
ii. Payment shall be due within 7 days of the invoice date unless specifically mentioned in the Invoice.
iii. 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.
iv. 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.
v. Accounts that have not been settled within 7 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.
vi. In case of delay in payments beyond the due date, Think Big Digital reserves the right to stop the work being commenced and ‘Client’ agrees to exempt Think Big Digital from meeting the timelines agreed.
17. Responsibilities applicable to Client:
The client should provide all comments, feedback, suggestions about the project scope during the Detailed Project Scope Documentation phase; Subsequently, any changes or modifications or enhancements were done to the project scope would be additionally chargeable with or without delivery timelines revision. And if there are changes that are accepted by Think Big Digital without additional charge, the timeline should extend by the number of days required to implement those additional non-billable items.
a. The client should make payments as per the agreed payment terms, else Think Big Digital 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.
b. 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, Think Big Digital 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.
c. If the 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.
Both parties reserve the right to cancel the project at any stage.
i. In case the project is canceled by Client, the payments made for the project can be refunded to the client after deducting the upfront payment amount received for the Initiation of the project and the other payments received against the milestones completed.
ii. In case the project is canceled by Think Big Digital, 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 – Think Big Digital shall transfer to ‘Client’ – all the documents, designs and scripts produced for the project.
19. Delayed Response From Client Side:
Unreasonable delays from the client side in providing the required feedback/information/data to finish the project shall exempt Think Big Digital from meeting the timelines mentioned in the quote.
In case the client does not provide required details/data/information for more than 15 working days, the client authorizes Think Big Digital to forfeit the payments made towards this project.
In case, during the project duration, the client does not maintain communication with Think Big Digital 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 Think Big Digital to mark the project completed and invoice the client for remaining un-invoiced amount as per the total project price agreed.
However, the Client can instruct Think Big Digital to put the project on hold provided:
a) The client agrees to pay a project resumption fee of USD 1,000 or 25% of the total project price, whichever is higher.
b) ‘on-hold’ period does not exceed 2 calendar months
c) client agrees the professionals attached to the project (Project Team Structure) may be different from originally agreed.
d) client agrees to pay this project resumption fee every time a project is being put ‘on-hold’
20. Copyright/Ownership Rights:
Think Big Digital will retain the copyright of any material, including design, artwork and the source code, created for the client by Think Big Digital. Think Big Digital reserves the right to retain the copyright on all material created by Think Big Digital unless otherwise agreed between the two parties in writing. As per the agreed terms client owns rights on the following items:
a) Logo/Graphics/Pictures/Images supplied by client – Yes
b) Website Interface/PSD/Creatives/Designs – Yes, if the client has ordered custom design with Exclusive Rights.
c) Programming Files/Source Code – Yes, if the Client has ordered the project with Exclusive Rights. The client does not own the copyright/Intellectual property rights for projects being done on a Single Domain License basis.
d) If the project is being done on a Single Domain License basis, the Client owns the right to use the system only on designated domains and the Client should take reasonable care of the system files to restrict un-authorized access of the system scripts/source code delivered.
In no event, Think Big Digital 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 Think Big Digital has been advised of the possibility of such damages. Despite the best efforts of Think Big Digital, errors in web page information may occur. At no time will Think Big Digital be held responsible for accidentally including erroneous information, extending beyond correcting the error.
Should Think Big Digital waive any of these terms on an individual basis, this shall not affect the validity of remaining clauses or commit Think Big Digital to waive the same clause on any other occasion.
By agreeing to these terms and conditions, your statutory rights are not affected.
Think Big Digital 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.