TERMS AND CONDITIONS:
Proposed scope of work is an agreement made between KreateSmart.com (dba of ShubhStar Inc.) or Referred to as “Supplier” and the “Client”.
Quotes or proposals submitted to client are not considered final unless a formal agreement (contract) is agreed and approved in writing, defining the scope of work including all other terms pertaining to the project. Any changes to the original agreement after the start of project is considered additional work and would not alter the scope, pricing, timeline and other terms and condition of the original agreement unless agreed upon in writing. Estimates, proposals or quotes are valid for 30 days from the date of submission.
A contract is created when the client approves the work proposal or quote submitted to them, either via the email or the signed copy of proposal. The agreement contained in the “Proposal” constitutes the sole agreement between KreateSmart and Client.
KreateSmart will start the work within 3-5 days of receiving the initial payment and all the required information. Although we will try to maintain the timeline, however, at times there might be delays in receiving desired information and material from you side for which we will not be held responsible.
There are no charges for minor change like text changes, Content Management, images etc. for first 45 days of delivery of your website. For major changes like Database, Functionality changes, New Module, Design Changes, etc. we will discuss and define the cost. No amendment or modification in any existing Specifications of the proposal shall be made unless agreed and executed by authorized representative of each party setting forth the proposed changes to the Specifications of the proposal, including cost escalation and time frame for completion of the project in consonance thereto. The cost mentioned in this proposal does not include any 3rd party or purchased images, stock pictures, media, and hardware and software license costs. Any plugin, extensions, stock images or added functionality tool will be charged extra. KreateSmart will notify the client updated about the need for such creative and design assets and the cost involved before raising the invoice. Approval for any critical paid assets must be received with three days of such requests or it may be considered the delay on Client’s part.
Development of Website under this Agreement may require installation of third-party API, Plug-In, or Source Code, as prescribed above to this agreement, and others as may be required during course of Development Phase [‘Third Party API’]. Procuring and supplying such Third Party API to the Developer shall be obligation of the Client, including payment of any cost or taking any membership for procuring such Third Party API. All cost and consequences, for time spend or failure in procuring such Third Party API shall be attributed to the Client.
Such 3rd party service may include, but not limited to – Server Space Hosting Fees, SSL Certificates, backup Services, 3rd Party APIs, Plugins/Scripts/Applications/Software/ Widgets/Services, Payment Gateways Signup and other Recurring Fees.
KreateSmart will make efforts to design and develop the project that work seamlessly on most current browsers However, we do not not responsible for the compatibility of our work with all current and future version of the browser or other mobile platforms.
If at any time during the subsistence of this Agreement, Client requires any of the personnel of KreateSmart to travel at any place for training, solicitation or for any other purpose, then any such request shall be made by the Client at least 2 weeks in advance and all arrangement, cost and expenses of the personnel for such travel shall be borne by the Client.
Client agrees to honor and pay the Monthly subscription (if applicable under agreement or monthly service plan) for the entire duration of contract as contained in this proposal/engagement. If Client for any reason decides to cancel the services before the contract ending period, they will be liable to payment for the total amount payment for the duration of this contract. If the customer does not fulfill the payment within 30 days of cancelling the contract, KreateSmart can cancel the any further work and withdraw any completed or incomplete work in progress. KreateSmart can take the similar action in the event any payment is past due over 30 days.
Client shall regularly inspect and monitor Development of Website as and when the same is uploaded on the demo server, and shall promptly, but not later than 24 hours during weekdays and 72 hours during weekends, from the date of such upload, point out any issues, bugs, defects, or any dissatisfaction in Website Development to KreateSmart in writing, which shall be resolved by KreateSmart during the Development Phase of the Website.
Time Frame prescribed in any Specification for completion of Website Development, including any milestones stated therein, is only an estimation of time required for completion of Website Development and shall not be considered as essence of this Agreement. It is understood between the parties that actual time required for completion of the entire Website Development may vary.
Upon completion of the website development as per the Specifications prescribed, and upon no being defects pointed out by the Client KreateSmart shall forthwith notify and invoice Project Closure/Completion milestone payment to the Client.
Upon payment of the invoice, and shall upload the final live version of the developed website on the Client’s Server shall relieve the parties of their respective obligations under this agreement, save and otherwise as specifically provided under this agreement, and the agreement shall be deemed to be have been terminated thereby.
At no event will KreateSmart be liable to the CLIENT or any third party for any damages, any claims for the indirect or consequential losses whether arising from negligence or otherwise including any lost profits, lost business, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate the website / application. In no event shall the mutual liability under this Agreement exceed the price paid by the Customer to the KreateSmart for rendering the services specified in this Agreement.
In case collection proves necessary, CLIENT agrees to pay all legal or third party involvement fees incurred in that process and late payment penalty, compounded interest of 1.5% per month on the remaining amount due.
For purposes of this paragraph, “Employee” shall mean current employees or persons employed prior to the referenced project. During the period of performance of services by KREARESMART hereunder and for twenty four (24) months thereafter, (i) KREARESMART agrees not to solicit or induce any Employee of CLIENT to terminate his or her employment with the CLIENT or to hire any Employee of CLIENT without the prior written approval of CLIENT , and (ii) CLIENT agrees not to solicit or induce any Employee or Sub contractor of KREARESMART to terminate his or her employment with KREARESMART or to hire any Employee / Contractor of KREARESMART without the prior written approval of KreateSmart.
Securing good ranking of your website on search engines or any directories is not guaranteed and is neither included in the scope of the agreement . Unless otherwise agreed in the scope of agreement in writing following is not included:
Submission of websites on any search engines, directories or other internet properties.
Securing good or improving ranking of your website on internet search engines.
On Page/Off Page Search Engine Optimization
Developing external links
Free hosting and domain offer, if included in this proposal is only limited to the first year of service. Continuation of Domain and other hosting service will require additional yearly payment.
Client will provide timely inputs, material, data and approvals to meet the project timeline and milestone essential for the completion of the project. KreateSmart will not be responsible for failure to meet the schedule outlined in the agreement and would lead to revision entire timeline of the project. All requests from KreateSmart must be responded with 3-5 business days. In case client does not provide required details/data/information within 10 business days, client agrees that the payments made towards the project will be forfeited and retained by KreateSmart as the payment toward partially of fully completed work .
CLIENT represents to KREARESMART an unconditional guarantee that all elements of text, graphics, photos, designs, media, trademarks, copyrights, patent, source code or other artwork furnished to KREARESMART for inclusion in the web pages are owned by CLIENT, or that CLIENT has permission from the rightful owner to use each of these elements, and will hold harmless, protect and defend KREARESMART from any claim or suit arising from the use of such elements furnished by CLIENT. KreateSmart will be not be held responsible for any claims, damages, and loss of profit or reputation caused to client due to the use of material provided by the client. Client also agrees to indemnify KreateSmart and its officers for any violation, lawsuits and losses arising out of any lawsuits related to the use of materials supplied by them.
Domain provided by the client remains their property and the client authorize to Kreatesmart to use it for the purpose of agreement / project work without any restrictions. Client is responsible for making sure that the domain name is valid and current, and it does not breach any trademark, patent or copyright laws. Domain purchased by the KreateSmart for any clients project, will remain KreateSmart property until KreateSmart agree to lease or transfer, and upon any payment from client related to the purchase cost, maintenance fees, lease fees, fair market price or any other factor that may be considered to calculate market value of that domain.
KreateSmart retains the copyrights or ownership to the source code/design of all files produced/developed/designed by KREARESMART during the course of working on this project. Except for subscription based or leased services, or any other agreement, rights to use and ownership of source code/design will be handed over to CLIENT , after the full and final payment for the project
GOVERNING LAW & JURISDICTION: The validity, construction and performance of this Agreement shall be governed in following manner: Regardless of the place or venue, this contract was entered into in Los Angeles, California and any dispute will be litigated or arbitrated in Los Angeles, California.
ARBITRATION: All and any kind of dispute, difference or questions arising out of or in relations to this agreement, or pertaining to enforcement of any part of this Agreement, at any point of time, whether during the subsistence or after termination of this Agreement, shall be referred to an Arbitration of a Single Arbitrator.
The law applicable governing the arbitration proceedings shall be Los Angeles, California.
That the cost of Arbitration shall be born equally by both the parties.
That the Arbitration Clause shall survive the termination of this Agreement.
Arbitrator will be obliged to give reasons for basing his Judgment
LIABILITY: KREARESMART will not take responsibility for any errors in the current system. Any CUSTOMER communication errors that require fixes will be billable.
LIMITATION OF LIABILITIES: kreareSmart, in no event shall be liable for incidental or consequential damages, loss of business or profits, special or indirect damages of any nature whatsoever, even if advised of the possibility of such damages.
INDEMNIFICATION: Both CLIENT and KREARESMART agree to indemnify, hold harmless and defend each other and their members, directors, officers, employees and agents from and against any action, claim, demand or liability, including reasonable attorney’s fees and costs, arising from or relating to: (i) a breach of this Agreement or (ii) the negligence or willful misconduct of either party (iii) or out of any claim by a third party based on any facts which if substantiated would constitute a breach of such warranties.
TERMINATION AND CANCELLATION: Agreement may be terminated at any time by either CLIENT or KREARESMART by prior written notice thereof to the other party. CLIENT understands that they must pay all due balance and related expenses to KREARESMART upon cancellation within 30 days of such termination. .KreareSmart may terminate this Agreement if Client refuses to or is unable to make the timely payment. In an event CLIENT terminates the project during the course of the development of the website; in this case is responsible for payment of all the work completed to that stage but no less than the 80% cost of the entire project, whichever is higher. All the payments made as per various stage of work process are final and non-refundable.
SEVERABILITY: If any provision of this Agreement or the application thereof to any person or circumstances shall be invalid, illegal or unenforceable to any extent, the remainder of this Agreement and the application thereof shall not be affected and shall be enforceable to the fullest extent permitted by law.
We take customer privacy very seriously and understand our responsibility to protect personal and confidential information. We do not sell or share customer information with anyone outside of our direct or affiliate organization, and do not make it available to outside marketers. This policy discloses our practices regarding the collection and use of customer information.
Information We May Collect:
We may collect nonpublic personal information about you (credit card information, payment history) from the following sources: information we receive from you on registration or other forms, such as your name, address, and credit card information; information about your conference call transactions with us, such as your conference call history and invoice balances; and information we receive from third parties, such as consumer reporting agencies and other lenders, regarding your credit worthiness.
KreateSmart provides a highly secure web portal to collect information from customers who are placing orders. This electronic ordering process enables our customers to enjoy a convenient and time saving way to begin using their requested conferencing services. We maintain physical, electronic, and procedural safeguards that comply with federal standards, safeguarding your nonpublic personal information. At any time, if you become an inactive customer, we will continue to adhere to the privacy policies and practices described above.
When an order is processed, which includes the customer’s contact information, email address and credit card information, the customer will receive a confirmation email immediately that says the order is in queue to be processed. As soon as the information is obtained off our secure server, the credit card data is automatically deleted forever from the server and is transferred to our in-house database which is secured and inaccessible to anyone outside of our organization. Internal access is limited to those individuals on a need to know basis in order to service and bill a customer’s account. We have a strict code of ethics and disciplinary procedure in place.
We encrypt credit card and other financial information for even greater protection. However, we are not responsible for unauthorized access by illegal means, in the absence of negligence by KreateSmart or its affiliates.
As stated in our customer order form, the customer is responsible for the security of the personal identification numbers (PIN codes) that are issued to them to access the conference bridges. If security has been breached, customers are advised to contact our customer service department to get the PIN numbers changed immediately.
If at anytime you believe KreateSmart has acted contrary to this policy, please contact us by using our Contact Us web page and we will take whatever steps are necessary to investigate and remedy the situation.
Use of Personal Information
At certain points on the KreateSmart web site: www.KreateSmart.com – we will ask you to provide us with personally identifiable information that allows us to contact you or use your information as described at the point of data collection when you sign up for services on the KreateSmart web site, sign up for newsletters, register for our blog, use one of our services, fill out an online survey, make a request for account information, refer friends or colleagues through our Refer-a-Friend program, or enter a sweepstakes or other promotion through the KreateSmart web site.
Other than the use described at the point of data collection, we will only use personal information that you provide us to contact you regarding new KreateSmart services, features and KreateSmart special offers, or to notify you regarding important information relevant to your KreateSmart services.
We use a third-party vendors to provide conferencing services and other communication services. When you sign up for web conferencing, we will share certain account information as necessary with this vendor to provide that service. These service providers/vendors are prohibited from disclosing this information to others and is restricted to using it solely for the purpose of providing the service.
We do not give, sell, or transfer any personal information to any other third party other than as described above for the purpose of providing web conferencing services or when legally required to do so(as described under Disclosure of Information for Legal Purposes).
KreateSmart has strict internal policies and procedures to safeguard your privacy including the use of technology to maintain data security and to restrict access to personal information only to authorized users. Personal information that we collect from you is stored in environments that follow generally accepted industry security standards. However, no method of electronic storage is 100-percent secure and in the absence of negligence on the part of KreateSmart, we are not responsible for any piracy or other unauthorized access to such information by hackers or others who obtain access by illegal means.
You are responsible for the security of your conference call services account’s host and participant codes and PIN issued to you. Please notify us promptly either by email athello@KreateSmart.com if you believe any of this information has been obtained by unauthorized users.
Anonymous Information Gathering
We use web analytics software to gather anonymous web site visitor information in order to provide a better experience for site visitors, to track response rates of advertising campaigns, and to gain insights into how we might improve existing services or consider new service offerings. This anonymous information consists primarily of: The technology being used by site visitors including web browser and operating system; date and time of site visits; pages visited; duration of visits; and referring web sites.
Disclosure of Information for Legal Purposes
We may disclose personal information, service usage records, and web site data logs to law enforcement agencies in the event legal process is served on us by local, state or federal law enforcement officials or in good faith in order to aid official investigations.
Third Party Web Site Links
While we do our best to provide you with helpful, trustworthy resources, we cannot endorse, approve or guarantee information, products, services, or recommendations provided at a third party web site. Because we may not always know when information on a linked site changes, we are not responsible for the content or accuracy of any third party web site. We will not be responsible for any loss or damage of any sort resulting from the use of a link on its web site nor will we be liable for any failure of products or services advertised or provided on these linked sites.
Terms and Conditions
Please review our terms and condition establishing the use, scope, liability and other policy governing our services and project engagement.