terms and conditions - 10XDigital Networks

1.1 Company Policies

Dedicated Resources

The minimum contract to hire dedicated resources would be of one month.
A client can have a telephonic interview/ video conference with our dedicated resource and also 10x Digital Networks will provide the resume of the dedicated resource to the client.
The dedicated resource will work on our office premises only.

Working Hours

Working hours of our company will be 10:00 A.M. to 7:00 P.M. Indian standard time (UTC+05:30).
The client cannot contact any of our employees after working hours or on any personal contacts.
The means of communication with us will be any one of the below:
- Email
- Call
- Whatsapp Call
- Skype Call
- Project Management
- *we prefer the instructions to be routed through emails only. It helps us to maintain clarity and a better task funnel process.

Electronic delivery policy

10x Digital Networks is a Creative Digital Marketing Company in India that communicates with its clients electronically. When the client accepts these terms and conditions, the client consents to receive electronically from 10x Digital Networks any notices, agreements, disclosures, or other communications (Notices).
The client agrees that 10x Digital Networks may send electronic Notices in either of the following ways:
- To the email address provided to 10x Digital Networks at the time of sale or
- To the new email address, the account Client is set up through 10x Digital Networks.
The client agrees to check the designated email addresses regularly for Notices.
Notice from 10x Digital Networks is effective when sent by 10x Digital Networks, regardless of whether the Notice is read or received by the Client.

Call monitoring and recording privacy policy

As part of 10x Digital Networks’s commitment to providing the best possible service, 10x Digital Networks may monitor and record phone calls answered by 10x Digital Networks and made by 10x Digital Networks.
10x Digital Networks may also archive recorded voice mail messages.
10x Digital Networks Records calls for training purposes, to improve customer service, and to ensure an accurate record of Client calls, which may be needed to support transactions that take place over the phone. This allows 10x Digital Networks to identify how 10x Digital Networks can better serve its customers.

1.2 Project Policies

Scope of services

10x Digital Networks shall perform the services, including the Website Project, set forth in the Proposal Document (the “Services”) in accordance with the Service Agreement.
The design of the website shall be in conformity with the plan outlined in the Project Proposal.
The Customer will be responsible for providing direction to 10x Digital Networks and for delivering content for website construction, including text and images.
If 10x Digital Networks is responsible for the preparation of the feature list then it will be added to the charges.
10x Digital Networks may elect, in its sole discretion, to exclude from the website any text, graphics, sound, or animations:
- that might be viewed as obscene or involving any illegal activities, or which have link(s) to another website(s) having content that might be viewed as obscene or involving any illegal activities; and/or
- That 10x Digital network determined would violate any trademark rights or copyrights of any third party.
10x Digital Networks designs and develops websites, web applications and mobile apps. The client understands that 10x Digital Networks’s services may include certain communications from 10x Digital Networks such as advertisements, notices, service announcements and newsletters.
The client is responsible for obtaining access to 10x Digital Networks’s services that may involve 3rd party fees (including but not limited to, ISP, merchant accounts and gateways). The client is also responsible for all equipment and software necessary to access 10x Digital Networks’s services.

Development procedure

With help and input from the Client, 10x Digital Networks will develop the contracted scope of the software project. Before work may begin on a project, the Client must sign the project acceptance agreement and electronically accept these Terms of Service.
The price mentioned in the proposal document will be valid for 7 days from the date when the proposal is sent. The price and terms are subject for variation after that time.
10x Digital Networks will not be held liable for the accuracy of information, typos, or spelling errors in any of the content approved by the Client and published on the website. Client will be notified by email when the website is live.
After completion of the project client will have one week (7 working days) to test the website or application (whatever the project is as per the proposal document). Client is reliable to check the project within that time to inform 10x Digital Networks about any changes or corrections in written manner.

Change orders

Client understands that the website/software purchase and development includes a specific number of pages, features and/or functionality.
The Client proposal and Project Specifications Document lists the specific features, functionality and number of pages purchased.
The website/software only includes those items purchased.
After completion of website development, 10x Digital Networks shall provide the Customer with one month (20 working hours) of changes at no additional charge.
Any additional changes shall be governed by a separate Change Order which will describe the exact nature of the changes requested and any additional fees.
Additional work requested by the Client outside of the scope of work purchased may be charged at an hourly rate or as specific enhancements.
The Customer shall have three (3) business days from receipt of the Change Order to accept the terms and conditions of the Change Order, otherwise the Change Order shall be deemed rejected.
No Change Order shall be binding upon either party unless signed by both parties. Upon execution by both parties, a signed Change Order shall amend the original Service Agreement and become a part thereof. Notwithstanding the foregoing, 10x Digital Networks shall have the right to refuse a Change Order for any reason in its sole and absolute discretion.

Project completion timeframe

Client understands, agrees and acknowledges that 10x Digital Networks does not guarantee a time frame for completion of ANY website or software project. This is in part because it is difficult to complete a project without design and functionality approvals and participation from the Client.
In addition, if the Client continues to submit additional content throughout the development process, or requests additional modifications to the project, the completion time frame is increased.
Other factors that may influence the completion date of a project include, but are not limited to, complexity of Client’s project(s), availability of 10x Digital Networks personnel, accounting status of Client’s account, etc.
Customer agrees to provide all information and content for the completion of the Website Project, and all feedback, comments and other input regarding 10x Digital Networks’s work product, promptly to allow for the timely completion of the Website Project.
If Client does not respond to 10x Digital Networks communications and, as a result, 10x Digital Networks is not able to start or complete the website/software project.
If Client’s website/software requires custom programming, functionality, e-commerce or the use of a database, the overall development time will be extended.
Customer hereby agrees that the term of this Agreement with respect to the Website Project will expire on the Project Completion Date, and the website and other work product delivered by 10x Digital Networks as of such Project Completion Date shall be deemed final and fully satisfactory to Customer.
Should Customer desire for 10x Digital Networks to incur additional time regarding the Website Project after the Project Completion Date, Customer shall pay 10x Digital Networks in advance at 10x Digital Networks’s then-current hourly rate for website designer/developer time.

1.3 Source code Terms and Conditions

Rights to the website and content

With the exception of any third-party materials and background technology used by 10x Digital Networks in conjunction with the Services, Customer represents and warrants to 10x Digital Networks that Customer owns the website, domain name, and all custom content and information provided by Customer to 10x Digital Networks, including, but not limited to, any and all text, music, sound, photographs, video, graphics, data, or software, in any medium (the “Customer Content”) or that Customer has permission from the rightful owner to use each of these elements.
Customer hereby agrees to indemnify and hold harmless 10x Digital Networks and its subcontractors from all suits, claims, liabilities and damages, including all attorneys’ fees and other defence costs, arising from any alleged infringement by the Customer Content of any property rights of any third party.
“Third-party materials” means any content, software, or other computer programming material that is owned by 10x Digital Networks, licensed by 10x Digital Networks, or generally available to the public, including Customers, under published licensing terms.
The graphics utilized from 10x Digital Networks’s graphics and image library are licensed by third-party suppliers. Upon written request, 10x Digital Networks will deliver the Customer’s source files electronically and make the source files available for download for a period of <<no of days>>.
Any designs / HTML not approved or rejected by the clients are the property of 10x Digital Networks. 10x Digital Networks has total rights to use them for other purposes/projects/learning of our employees.

1.4 Payment Policies

The total fee for Services offered by 10x Digital Networks shall be set forth in the Service Agreement as amended by any change orders, and shall be billed and paid in INR/ GBP / USD.

Payment must be made promptly based on the terms of any development project. Client agrees most development work will incur a deposit to the amount of 50% of the total project payment.

For all the development projects below the quote of 2,50,000 INR, the client has to do the full payment in advance.
For digital marketing projects which also involve development and market research, we expect our clients to pay 6 months of payment in advance.
The minimum cost for any project would be $250.
If there is a need for R & D for the projects prior to the start of the project then there will be an addition to the total cost of the project.
After termination, if the client wishes to resume, the client may reinstate the project by remitting the balance of the invoice and service reinstatement fee of up to 20% of the total project cost.
All works remain the property of the Company until paid in full.

Late payment

Payments not received within seven (7) days of invoice or due date will be considered late and will incur and accrue interest from the due date at the rate of two and one-half per cent (2.5%) per month or the maximum legal rate, whichever is lower.

1.5 Maintenance Policies

Maintenance plan charges are due on the first week of each month following the launch of the maintenance plan.
If the customer elects to make payments quarterly or annually, the Customer may pay by credit card, check or money order.
Minimum charges for the maintenance plan would be £150 per month.
Service charges are subject to change at any time in 10x Digital Networks’s sole discretion upon seven (7) days prior notice to the Customer by email. All invoices and sales receipts shall be sent via email.
The customer shall have three (3) days in which to dispute any invoice or sales receipt, after which time the invoice or sales receipt shall be deemed correct.
All amounts paid for Services are non-refundable. The customer shall pay all applicable sales, use, gross receipts, excise, access, and other local, state and federal taxes or charges imposed on the provision or use of the Services.

1.6 Cancelation Policies

Early termination by the client

Customer may terminate any or all Recurring Services before the end of the term selected by Customer in the Service Agreement with fifteen (15) days prior written notice to 10x Digital Networks.
Upon such termination, 10x Digital Networks shall return to Customer any portion of the annual fee paid by Customer applicable to the remainder of the term, less all sums due from Customer to 10x Digital Networks.
If the design of the project is confirmed by the client then 10x Digital Networks will not refundable any payment that has been done by the client.
However, all equipment instalment fees are non-refundable. Upon the termination of the Service Agreement for any reason, 10x Digital Networks may delete any of your archived data.

1.7 Refund Policies

It is not possible to refund a deposit or any project payment after thirty (30) days or once we have sent the design or development source code work to the Client or loaded it into their server.
We reserve the right to decide whether a refund is applicable if requested by the Client for any reason. If a refund is provided, any disbursements already paid to 3rd parties by the Company on behalf of the Client (including but not limited to hosting fees, domain name registration, and software purchases) will not be refundable.
If paid by credit card, refunds will be issued to the original credit card provided at the time of purchase.
If your account has been cancelled by us due to a breach of the terms and conditions on your part, you will not be eligible for a refund. Phone requests will not constitute acceptance of any cancellation.
All instalment payments made to 10x Digital Networks are non-refundable. If Customer fails to tender any payment to 10x Digital Networks within seven (7) days of the date any payment is due, 10x Digital Networks’s obligation to provide all Services shall be terminated, and Customer shall not be entitled to any refund.

1.8 Brand Policies

The Source of the project is associated with 10x Digital Networks with the brand name.
If a client wants to remove the brand name from the website then charges would be $350.
If the client removes the brand name from their project, then it will no longer be shown on the portfolio of 10x Digital Networks.

1.9 Privacy Policies

Client’s personal information (Name, Email, Contact no., Website Url, Query) submitted will not be sold, shared or rented to others.
We are committed to protecting your privacy. Authorized employees within the Company on a need-to-know basis only use any information collected from individual customers.
We constantly review our systems and data to ensure the best possible service to our customers. Parliament has created specific offences for unauthorized actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible.
We use this information to send updates about our company and projects and contact you if requested or find it necessary. You may opt-out of receiving our communication by calling us on any of our above-mentioned contact numbers or by clicking on the Unsubscribed link mentioned in the mail.

1.10 NDA Policies

10x Digital Networks and Customer agree to hold each other’s Proprietary or Confidential Information in strict confidence at all times during the term of the Service Agreement and for a period of two (2) years following the termination of the Service Agreement for any reason.
“Proprietary or Confidential Information” shall include, but is not limited to, written or oral contracts, trade secrets, know-how, business methods, business policies, memoranda, reports, records, computer retained information, notes, and financial information.
Proprietary or Confidential Information shall not include any information which:
- is or becomes generally known to the public by any means other than a breach of the obligations of the receiving party;
- was previously known to the receiving party or rightly received by the receiving party from a third party;
- is independently developed by the receiving party; or
- Is subject to disclosure under a court order or another lawful process.
The parties agree not to make each other’s Proprietary or Confidential Information available in any form to any third party or to use each other’s Proprietary or Confidential Information for any purpose other than as specified in this Agreement. Each party’s proprietary or confidential information shall remain the sole and exclusive property of that party. The parties agree that in the event of use or disclosure by the other party other than as specifically provided for in this Agreement, the non-disclosing party shall be entitled to equitable relief.

1.11 Copyright act terms and Conditions

Resale of service

The customer may not resell any portion of the Services to any other party without prior written permission from 10x Digital Networks, which may be granted or withheld in 10x Digital Networks’s sole discretion. Customer shall be solely responsible for any software and content displayed or distributed by Customer.

Disclaimer of Warranties

Services provided are a best efforts service, and 10x Digital Networks does not warrant that the services or software shall be error-free or without interruption. 10x Digital Networks makes no warranty as to the transmission or speeds of the network. 10x Digital Networks makes no warranty of any kind, whether express or implied, and hereby expressly disclaims any such warranty, with regard to any third-party products, third-party content or any software, equipment, or hardware obtained from third parties.

Force majeure

Neither party will be liable for or will be considered to be in breach of or default under this Agreement on account of, any delay or failure to perform as required by this Agreement as a result of any cause(s) or condition(s) that are beyond such party’s reasonable control and that such party is unable to overcome through the exercise of commercially reasonable diligence. If any force majeure event occurs, the affected party will give prompt written notice to the other party and will use commercially reasonable efforts to minimize the impact of the event.

Choice of law; exclusive jurisdiction and venue

This agreement shall be construed and enforced according to the laws of the Government of Gujarat. Any action in regard to the Service Agreement or arising out of its terms and conditions shall be instituted and litigated in the State of Gujarat or federal courts located in Gujarat and in no other, and the parties submit to the exclusive jurisdiction and venue of such courts.

Severability

If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision, and such invalid term, clause or provision shall be deemed to be severed from the Service Agreement.

Entire agreement

The Service Agreement constitutes the entire understanding of the parties, revokes and supersedes all prior agreements between the parties, and is intended as a final expression of their agreement. It shall not be modified or amended except in writing signed by the parties hereto and specifically