This web site is operated by Remote Programmer is a company incorporated in Kolkata, India (E-mail: Contact Here)
Remote Programmer cannot act for you until you have agreed to these terms and conditions. They represent the contract between you and Remote Programmer ("us", "we", etc). By instructing Remote Programmer in any way, you agree to be bound by them. No change can be made to these terms unless the changed agreement is in writing, in hard copy, signed by both us; or set out in email messages, to and from each other. This agreement binds both you and us as soon as you become a client. This agreement may be changed at any time. When it is changed, your own contract is not changed. The version posted here at the time you instructed us continues to be valid. The new version is valid for all new instructions from you and from others.
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Interpretation
In this document . . .
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"Content" |
means information in any form published on our web site by us or any third party with our consent or downloaded by you from our web site. |
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"Our Web Site" |
means the entire computing hardware and software installation that is or supports Our Web Site including any communication or peripheral system. |
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"Services" |
means all the services we provide, whether or not from our web site. It includes web based software solutions for which you buy a license to use or any web marketing services we provide. |
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Our paramount aim . . .
is to provide you with a quality software solutions and/or web marketing to enable you to operate your business as smoothly and profitably as possible. We are confident we shall provide a high quality service at all times. If however you have any queries or concerns about our work for you, please contact us. We greatly value your business, and would not wish to think you have any reason to be unhappy with us. |
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Information you give us You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with our services. |
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Our Contract
- You become a client when we both agree that you are a client. So you become a client only when:
1. you have sent a completed instruction to us through this web site and paid for the service you have ordered and
2. we have responded in a manner indicating acceptance, for example by providing or starting to provide the advice or information or document you have requested.
2. You cease to be a client when we have provided the Service for which you have paid. As a result you are not a client for the time between our completing one piece of work for you and starting another. Each piece of work is a new retainer which terminates when that work is done...
3. There is no contract between us for any free service, so you do not become a client by using any free service and we are not liable to you in any way resulting from your use of any free service.
4. Your instructions to us terminate automatically each time we complete work for which you have paid us. If we should give advice on the same case at a subsequent time, such advice constitutes a separate contract and does not retrospectively extend the first contract for our services.
5. Prices for business Services are exclusive of any applicable value added tax or other sales tax.
6. The price of any service or other Service may be changed by us at any time. We will never change a price so as to affect the price charged to you when you buy a Service.
7. Services will be delivered by download, by e-mail or by uploading the site using FTP or via other means.
8. You agree that you are bound by these terms (or the latest version of them) for all future contracts with us, whether ordered through Our Web Site or in some other way.
9. You now agree that you commit a breach of this contract if you seek repayment of money paid to us by asking your credit card provider to credit back a payment made to us, without attempting to seek repayment from us first. In that event, you agree that you will owe us first the sum charged to us by our merchant service provider and secondly a sum based on time spent at USD 14 per hour in dealing with your breach. You also agree that this provision is reasonable.
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Delivery of the Services
1. Any service supplied personally will be delivered within an estimated time frame. You may not cancel any undelivered balance at any time, if we have started work with it whereupon we will refund the appropriate proportion of your money. The work is likely to be started on scheduled date.
2. Delivery of services often dependent on some information to be provided by the client. If it crosses the scheduled date, Remote Programmer will no way responsible for the timely delivery. In that case Remote Programmer is likely reschedule the work on latter date and additional hours spent due to delayed submission of requirements are likely to be charged as per actual. If the development team has started the system analysis of the project and asked for clarification of the requirment and you have not responded within one week or if we have done part of the project and uploaded it for your acceptance and you have not responded within two weeks then additional billing may be done for the delay depending on the amount of wastage of developers hours. Approximately it may differ from 5 to 30% of the project cost depending on the amount of delay.
3. Services by "Remote Programmer Professional" will be delivered in accordance with your instructions given to us from time to time through Our Web Site.
4. We accept no responsibility for problems from your end. Server problem, network problem or anything else.
5. If you pay by cheque, we will act after we realize the money.
6. Our contract with you is concluded on the first to happen of:
- your receipt of the Services you have bought, by any means;
- our sending of the Service by e-mail and not receiving notification from our service provider of non-delivery.
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Promotions, offers and events
1. If we offer Services in some way not anticipated by these terms, then you are entitles to terms no less favourable than those set out here.
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Limitations on our Service
1. Any software solutions will be tested in your server where it will be installed. Though we will test everything from our end, you must check everything at the time of delivery.
2. If our software solutions does not meet agreed requirements, you must inform us within 3 weeks of the delivery. After this period, any requirement related defects will be considered as new requirement.
3. You must report any programming error with 60 days of the delivery of the software solutions. After this period any error will be charged as per our existing hourly rate for a programmer in which it has been written.
4. Documents are provided as template versions for you to edit and change to suit your circumstances. We do not refund money if you decide not to use a document.
5. Delivered software may include typographical errors. Any error if reported will be fixed ASAP within 60 days of the delivery. |
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Intellectual Property Rights
i. When you "buy" service from Remote Programmer license to use our service for the purposes of your own business or in a single company. You may use it as often as you like subject to the other terms of this agreement.
ii. All ownership rights and intellectual property rights shall remain the sole property of us if it is ready software applications. Everything will be yours if the development is custom.
iii. You may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the programs, in whole or in part, except as is expressly permitted in this agreement. |
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Remote Programmer charges
1. Charges are fixed for a predefined set of services whenever reasonably possible.
2. When we cannot provide a firm price, we will charge by the hour. In that case all work done, including all letters, e-mails, faxes and telephone calls made and received will be charged on a time basis in minimum units of one tenth of an hour.
3. Estimates of money will be provided to you wherever possible.
Note: you can keep our charges low by providing full instructions and avoiding unnecessary contact.
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Refund policy
i. You can ask for refund for payment made for any service we have not started work yet.
ii. We will refund for any service if we see we will not able to provide you the required service
However all refunds will be made after deducting any transaction fees charged by payment processor and payment for the work already done.
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Mode of communication
All normal communication will be made via email or messaging board. However for special cases it can be done via online messengers and/or telephone or by other means if it is required.
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Storage of papers and documents
We are not obliged to keep copies of communications between us. In practice, we will endeavour to keep soft copy for our own benefit. You are strongly advised to print and retain a copy of all communications between us.
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System Security
i. You agree that you will not, and will not allow any other person to, violate or attempt to violate any aspect of the security of Our Web Site.
ii. You agree that you will in no way modify, reverse engineer, disassemble, decompile, copy, or cause damage or unintended effect to any portion of Our Web Site, or any software used on, and that you will not permit any other person to do so.
iii. You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.
iv. Examples of violations are:
- accessing data unlawfully or without consent;
- attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures;
- attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing";
- forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;
- taking any action in order to obtain services to which you are not entitled.
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Indemnity
You agree to indemnify us against any claim or demand, including reasonable lawyers' fees, made by any third party due to or arising in any way out of your use of Our Web Site, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person. |
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Severability
If any of these terms is at any time held in any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms. |
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No Waiver
No waiver by us, in exercising any right, power or provision hereunder shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver. |
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Dispute Resolution
In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation. |
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Governing Law
This Agreement shall be governed by and construed in accordance with the law of India.
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Copyright Remote Programmer 2007. |
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