Terms & Conditions
These are the standard terms and conditions for website design and development, and it applies to all contracts and work undertaken by MK Designs for its clients.
QUOTE
All estimates/quotes are based on our understanding of your requirements and as per given time-frame. Any changes to the functionality, including micro-improvements, may incur additional costs accordingly. Please ensure you understand the terms and conditions prior to signing the contract. By accepting a quote, you agree to and accept the terms and conditions of MK Designs. Acceptance can be done via email, payment of Initiation, signing a quote, etc.
CONTENT
Clients to ensure that we have included all requirements in the quotes/proposals/estimates and that we fully understand their requirements. Clients must provide us with clear guidelines along with the flow or specific details they may require. When such details are not provided, we will proceed with our understanding of the requirements and quote accordingly. At a later stage, if a discrepancy arises, it may lead to additional costs to accommodate the changes. Thus, it is essential that you clarify every aspect of your website development and ensure that you have been quoted on the right requirements.
PAYMENT
A 50% deposit (plus taxes, if any) of the total fee payable under our proposal is due immediately upon you instructing us to proceed with the website design and development work. The remaining 50% shall be done when the work is completed to your reasonable satisfaction, but subject to the terms of the “Approval of Work” and “Rejected Work” clauses. We reserve the right not to commence any work until the deposit has been paid in full.
The 50% deposit is only refundable if we have not fulfilled our obligations to deliver the work required under the agreement. The deposit is not refundable if the development work has been started, and you terminate the contract through no fault of ours.
Any re-work on an already completed task will attract additional charges. Any changes in the design after the design approval will incur additional charges. Any modifications requested during the development or after the Go-Live approval will incur additional charges. All additional work, over and above the estimates, is charged separately. Under no circumstances, MK Designs will be liable for any delays caused by change in the project brief.
APPROVAL OF WORK
On completion of the work, you will be notified and have the opportunity to review it. You must notify us in writing of any unsatisfactory points within 7 days of such notification. Any of the work which has not been reported in writing to us as unsatisfactory within the 7-day review period will be deemed to have been approved. Once approved, or deemed approved, work cannot subsequently be rejected, and the contract will be deemed to have been completed and the 50% balance of the project price will become due.
REJECTED WORK
If you reject any of our work within the 7-day review period, or not approve subsequent work performed by us to remedy any points recorded as being unsatisfactory, and we, acting reasonably, consider that you have been unreasonable in any rejection of the work, we can elect to treat this contract as at an end and take measures to recover payment for the completed work.
TIMELINE
Any delays, at the client’s end, may delay the project and proposed timeframes and may incur additional costs.
You must supply all materials and information required by us to complete the work in accordance with any agreed specification. Such materials may include, but are not limited to, photographs, written copy, logos, and other printed material. Where there is any delay in supplying these materials to us which leads to a delay in the completion of work, we have the right to extend any previously agreed deadlines by a reasonable amount.
Where you fail to supply materials, and that prevents the progress of the work, we have the right to invoice you for any part or parts of the work already completed.
REVISIONS
We are pleased to offer you the opportunity to make revisions to the design. However, we have the right to limit the number of design proposals to a reasonable amount and may charge for additional designs if you make a change to the original design specification.
LAW
You must obtain all necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names and trademarks, or any other material that you supply to us to include in your website or web applications. You must indemnify us and hold us harmless from any claims or legal actions related to the content of your website. In any such cases, MK Designs will not be responsible.
All disputes are subject to Pune jurisdiction only.
SEO
We do not guarantee any specific position in search engine results for your website. We perform basic search engine optimisation according to current best practice.
THIRD PARTIES
We reserve the right to subcontract any services that we have agreed to perform for you as we see fit. We (and any subcontractors we engage) agree that we will not at any time disclose any of your confidential information to any third party.
E-COMMERCE
You are responsible for complying with all relevant laws relating to e-commerce, and to the full extent permitted by law will hold harmless, protect, and defend and indemnify MK Designs and its subcontractors from any claim, penalty, tax, tariff loss or damage arising from your or your clients’ use of Internet electronic commerce.
DOMAIN
We may purchase domain names requested on behalf of clients. In such cases, the client is responsible for paying respective charges for service provided.
HOSTING
To prevent malware installation on our servers, full administrative access to a WordPress installation on our hosting services will not be granted to customers. Customers may request access to specific features of a website, and access may be granted at MK Design’s discretion. We provide hosting on shared servers; hence you will not get any dedicated IP. MK Designs does not maintain backups of dedicated accounts or the Services purchased by you. It is solely your responsibility to inform us to provide backups periodically. MK Designs is not responsible for files and/or data residing under your account.
SSL CERTIFICATE
We do offer free SSL certificates to clients who host their websites on our hosting servers. If a client wants paid SSL, we may purchase it requested on behalf of clients. In such cases, the client is responsible for paying respective charges for service provided.
MK Designs will monitor the customer’s current disk storage and bandwidth. If usage exceeds the amount registered for, we will contact the customer in an attempt to arrange for additional resources. If a customer does not respond, or is unable to be reached, MK Designs shall have the right to take corrective actions for exceeding resources. Such actions may include assessing additional charges, increasing service plan, temporarily discontinuing services, or terminating the current agreement. If the customer feels that more disk storage is required, it is the customer’s responsibility to contact MK Designs to discuss options for increased disk storage.
PREMIUM THEMES & PLUGINS
Depending on requirements, we will install & activate premium themes and plugins on your website. For some themes/plugins, we will disconnect our licence once the project is completed. If a client wants their own licence for any theme/plugin, it may incur additional charges.
Apart from our themes & plugins for which we have a licence, if a client wants any specific paid theme or plugin, we may purchase it requested on behalf of clients. In such cases, the client is responsible for paying respective charges for service provided.
MAINTENANCE
In a maintenance period, we will do minor bug fixes, theme and plugin updates & other modifications on a monthly basis. We have the right to limit the number of modifications to a reasonable amount and may charge for additional designs/pages/features if they are not part of the existing design/website.
MK Designs is not responsible for interruptions of service beyond its control. This includes interruptions by its suppliers and natural disasters. Furthermore, in case of hack, data breaches, etc. we should not be held responsible in any manner.