Terms and Conditions
1. Acceptance of terms
The Content provided by Marpa Infotech for you is subject to the following Terms and Conditions (“T&C”). We reserve the right to update the T&C at any time without notice to you. The most current version of the T&C can be reviewed by clicking on the “Terms & Conditions” hyperlink located at the bottom of our Web pages.
2. General and Definitions
2.1 By signing an agreement with Marpa Infotech you are expressing your acceptance of these Terms and Conditions and all legal obligations associated with them.
2.2 You are hereby advised to carefully examine this document which creates a legally binding contract between you as the Client and Marpa Infotech as the service provider with the sole purpose of regulating the following issues which come as follows.
2.3 The following terms, definitions and expressions which are listed hereby are used in these Terms and Conditions with the proper meaning:
- “Terms” are referring to these Terms and Conditions.
- “Clients” is referring to a person or company who/which is/are using the services as being in these Terms and Conditions.
- “Services” are referring to the work results provided by Marpa Infotech according to the specification and requirements of the Client. The Services can be both renewable and non-renewable in their nature.
- “Agreement” is referring to the written and signed contract between the Client and Marpa Infotech.
2.4 This document is to regulate the general Terms and Conditions, including all other related issues which are not defined explicitly in the specifications of the written agreement
3. Rights and Responsibilities of Marpa Infotech
3.1 Marpa Infotech is to provide its Services to the Client in accordance with the specifications of the previously signed Booking Form Agreement.
3.2 Marpa Infotech is fully entitled to decline the Client’s request for a refund or cancellation once the agreement with Marpa Infotech is signed.
3.3 Marpa Infotech is fully entitled to postpone the upload of the Client’s website or final delivery of other Services which are specified by the agreement until the payment for these Services is completed in full.
3.4 Marpa Infotech can according to its sole discretion exercise its right to “terminate” the Client’s site or postpone the deliverables of other Services, because of the failures related to the payment obligations of the Client at any given moment.
3.5 Marpa Infotech reserves the exclusive right to include additional payments and processing fees which come as the result of the situation described in the sections: 3.3 and 3.4.
3.6 Marpa Infotech reserves the right to withhold all the results of its work and deliverables until the payment obligations are completely fulfilled by the Client.
3.7 It is Marpa Infotech right to ask for additional fees related to the requirements of the Client which were not part of the initially presented agreement.
3.8 It is Marpa Infotech right to use the statistical data obtained from the Client’s website for the purposes of its own promotion and effectiveness, including the exclusive right to use the Client’s website details for the purposes of marketing and further referencing.
4. Rights and Responsibilities of Client(s)
4. 1 Client(s) is/are to make payments for the Services provided by Marpa Infotech in accordance to the specifications of the previously signed written agreement.
4.2 Client(s) is/are to provide all materials required by Marpa Infotech which are necessary for its work within 2 weeks of signing the agreement.
4.3 Client(s) is/are obliged to give a previous written notice at least 30 days in advance for the cancelation of the Services which are associated with monthly/annual fees and maintenance.
4.4 In case that additional services or modifications are to be required during the development process the Client is obliged to confirm them including the obligations to cover the expenses related to these issues.
4.5 The Client is given a one week period to examine all the content and the features of the site which is declared by Marpa Infotech as being complete. It is the Client’s right to suggest potential changes and modifications related to the work results and deliverables of Marpa Infotech, which will expire after one week.
5. Marpa Infotech Liability Limitations
5. 1 Any delay related to the obligation of the Client to provide all materials required by Marpa Infotech for its work during the period of 2 weeks after the signing of the agreement which may cause a further delay in the providing of the Services cannot be held against Marpa Infotech under any circumstances.
5.2 Marpa Infotech cannot be held liable for the Client’s activities related to the downloading or storage of the prohibited materials such as illegal software, cracks, pornography; or which can be classified as obscene, fraudulent, harassing, intimidating, or threatening in any way including the Client’s illegal or fraudulent behavior.
5.3 Marpa Infotech is not to be held liable under any circumstances for the content on the Client’s website.
5.4 Marpa Infotech is hereby not to accept any responsibility for any potential data loss or various security issue related problems. This is described as “The Acts of God”. Marpa Infotech is to ensure any means necessary for preventing these events from happening, but cannot guarantee that such preventive actions will necessarily be successful and reliable.
5.5 Marpa Infotech is not to be held liable or to be involved in any potential disputes between the Clients and their users. In addition, Marpa Infotech is not to be held liable for any cost, compensations or losses of earnings due to the work carried out on behalf of the Client, or any of the Client’s appointed agents.
5.6 Marpa Infotech will not be liable for any costs, compensations of losses or earning due to the unavailability of the site, servers, software or any material provided by its associated companies.
5.7 Marpa Infotech cannot accept the responsibility for any losses, costs or compensations related to the use of the work results, services, and deliverables for the Client. The Client is expected and requested to fully test and examine all the deliverables by Marpa Infotech before being made available for final use.
5.8 Although all reasonably expected precautions have been taken to ensure that the final deliverables by iMarpa Infotech are bug free, reliable and accurate, the final responsibility lies with the Client and Client only in ensuring that all deliverables are functioning correctly before use.
6. Payment Terms
5.1 The following Payment Terms are to be applied after the signing of the agreement.
5.2 Payment terms for Web Design Services:
- 40% of the sum which is agreed to be paid up front
- 60% of the sum which is agreed to be paid before the site is being launched
5.3 In case that the website is finished prior to the conclusion of the terms of payment regulated by the written agreement, then all the outstanding amounts are to become due and immediately payable.
5.4 When it comes to payments made by credit cards the following fees are included:
- 4.5% for Visa
- 4.5% for MasterCard
Every change of the payment terms must be followed by the mutual consent of the Client and Marpa Infotech, including the obligation to conclude the appendix about these issues in the existing agreement.
5.5 In case the Client decides to withdraw the Website Development Project the advance payment of 40% as mentioned in 5.2 will NOT BE REFUNDED.
6.1 Marpa Infotech is entitled to change these Terms completely or partially solely at its own discretion. Additionally, Marpa Infotech has no obligation to inform the Client every time it does so.
6.2 By accepting these Terms the Client(s) is/are to accept limitless and unconditional presumption that they are fully aware of all the Term’s sections, obligations and regulations.
6.3 The governing law of these Terms is exclusively the law of the Government of Nepal. All potential disputes between Client and Marpa Infotech are to be resolved as part of the exclusive jurisdiction of the City of Kathmandu, Nepal.
6.4 If under certain circumstances and in certain situations some parts or sections of these Terms are to become invalid or unenforceable, the parts or sections which are to remain are still fully obligatory for both Client and Marpa Infotech.
6.5 By accepting these Terms the Client is to fully comply with the requirement, that any dispute, request or some other relevant issue which may arise from these Terms are to be filed, examined and answered within the period of up the very first time. After the expiration of this period they are to be treated as successfully solved, answered and closed regardless of the current state of affairs including the exclusion of possibility for their reopening or reexamining.
6.6 In case, you have any questions or doubts about these Terms please feel free to get in touch with us.