Terms & Conditions for a contract.
The Head Office of TSoftek Limited is located at – 10630 Little Patuxent Pkwy, Suite 314-D7 Columbia MD 21044 USA. These terms and conditions apply to work done from any office of TSoftek Limited or of companies within the TSoftek group of companies.The primary area of business for TSoftek is (but not limited to) providing design and development resources for Website Publishing, designing, development and software application development, mobile application development, IT Support services, Hosting services, Quality Analysis (QA), and Digital Media. TSoftek also specializes in providing highly focused E-marketing solutions such as Digital Marketing (SEO) Search Engine Optimization, Pay Per Click (PPC), e-communication strategy, Data Analysis, Reporting, and research.
TSoftek undertakes projects on a time and materials basis.
All fees are estimated and exclusive of VAT or any other taxes as may be applicable,
Estimates are valid for 30 days from the date of issue.
Payment terms are based on prior weekly or monthly bookings which are allocations of the developer resources.
The client is allocated dedicated resource(s) along with the necessary functional support staff such as a Team Leader or Project Manager if requested (based on the service commissioned).
Quality of Service
You deserve to have your work carried out to the highest possible standard and in an understanding and timely manner and we will always try and exceed your expectations.
We value quality very highly and look to pass that on to our clients at every opportunity.
We will act with the utmost integrity, displaying integrity, professional dedication, and courtesy at all times.
All correspondence such as emails and phone calls will be dealt with promptly
We will provide you with an alternative contact if the person you are looking for is unavailable.
We will give clear and concise information regarding your inquiry and the associated estimate and also about the project if you decide to place a booking.
We are also long-standing members of the International Association of Outsourcing Providers.
We guarantee high-quality and cost-effective services
How You Can Help
Please make sure you give us clear instructions to allow us to effectively provide an accurate estimate and work to the best of our abilities on the project.
Reply promptly to communications. The developer is on a dedicated basis, he or she must have tasks at all times to avoid delays (any delays may increase the time required to complete the project).
Please tell us if you are going to be away or unable to respond to requests for information.
If you are dissatisfied with the service being provided please tell us. We cannot resolve a problem we are unaware of.
Please regularly check your Online Project Management Area, TSoftek Projects (DSP) area as well as emails. We will be directing a good deal of your project communications through both.
What we will not do
Work on a live server (unless specified). We will supply a sandbox server for development (Digital Marketing (SEO) work does take place on the live server)
Hold the only set of data; please give us test data or a copy of the live DB
We will not fill the developers’ day; you are requested to supply tasks at all times
Tolerate abuse of staff members
Contact end customers directly; projects are done in the strictest confidence
Outsource your work to a third party.
Basis of Charging Fees
Our “Dedicated” service is supplied on a “Time and materials” based and sold in daily, weekly, or monthly blocks.
Our “Ad-hoc” or “Bucket” service is also “Time and Materials”; the service is sold in minimum 10, 20, 40 hours blocks but worked in 10-minute blocks
Acceptance of Services
At various intervals throughout a project, you will be asked to view, test, and signoff certain sections. As a project is a combination of these smaller sections we ask this is done in a timely manner; delay in this process can cause delay to the project as a whole and delay the overall timeframe.
Once TSoftek has fulfilled the obligated booking period purchased or the project has been completed the project shall be tested accordingly. If any failure to pass the test results from a defect which is caused by an act of omission of you, or by one of your subcontractors or agents, the project will be deemed to have passed the test notwithstanding such non-TSoftek defect. We may provide assistance reasonably requested by you in relation to supplying a suitable remedy for any non-TSoftek defect by supplying additional services. These would be offered at the current fees and prices.
Back-up: it is the client’s responsibility to ensure they have a back-up of the work. We recommend taking back-ups of the work at all stages (we recommend an automated scheduled back-up, which can be set-up alongside any work by our server technicians). Live servers, all development work takes place “off-site” on a Sandbox environment provided by us (Digital Marketing (SEO) work does take place on the live server). On occasion, it may be requested that development takes place on live servers (time constraints, upon client request, licensing reasons for example). This is done so at your own risk. We do not take responsibility for any impact this may have on either the live site or your ability to work. We strongly recommend the use of a Sandbox server.
Payment of the advance / first invoice is an acceptance of these terms and conditions.
The charges are calculated in accordance with TSoftek’ standard rates (which can be amended on one month’s prior notice to you) as follows:
Weekly rates are calculated on the basis of an eight (8) hour day, working a five (5) day week.
Daily rates are calculated on the basis of an eight (8) hour day.
Bucket rates are calculated on the basis of 10, 20, 40 hours being held against your project, all of which must be used within six (6) months of the time of booking.
All invoices must be paid in the currency in which they are issued.
Our invoices are issued before we start the work and need to be reconciled in order for the work to commence.
Your project may be put on hold temporarily whilst your payment on invoices is outstanding and in that event, we reserve the right to remove project files from our servers.
Unless otherwise stated all prices are exclusive of VAT or any other taxes as may be applicable, which shall where applicable be charged by TSoftek to you at the current rate.
Limitation of Liability
This sets out the entire financial liability of TSoftek (including any liability for acts or omissions of its employees, agents, or consultants) to you in respect of:
Any breach of these Terms & Conditions;
Any use made by you of the Service, the project, or any part of them; and
Any representation, statement, or action contrary to contract law or omission (including negligence) arising under or in connection with these Terms & Conditions.
Nothing in these Terms & Conditions limits or excludes the liability of TSoftek for death or personal injury resulting from negligence, or for fraud or fraudulent misrepresentation by us.
Subject to paragraph 11(2) and 11(4) TSoftek shall not be liable for:
Loss of Profits;
Loss of Business;
Depletion of goodwill and/or similar losses;
Loss of anticipated savings;
Loss or corruption of data or information, or;
Any special, indirect, consequential, or pure economic loss, costs, damages, charges, or expenses
TSoftek’ total liability to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with these Terms & Conditions shall be limited to the total charges paid for the Services by you during the 12-month period immediately before the date on which the cause of action first arose, or if the cause of action arose during any period before 12 months had elapsed from the date of our first Invoice, during that shorter period.
Without prejudice to any other rights or remedies which TSoftek may have we reserve the right to terminate the project or services without liability to you if:
You fail to pay any amount due to us on the due date for payment and remain in default not less than 7 days after being notified in writing to make such payment.
You commit a material breach of any of our other terms and conditions of business, where the breach is incapable of remedy, or (if the breach is capable of remedy) you fail to remedy the breach within 14 days after being notified in writing to do so.
You breach any of our terms and conditions of business in such a manner as to reasonably justify the opinion that your conduct is inconsistent with your having the intention or ability to give effect to the terms of the agreement between us.
You are made bankrupt, a winding-up order is made against you or you become subject to any insolvency procedure including administration, liquidation, or a voluntary arrangement with your creditors pursuant to the Insolvency Act 1986 or other insolvency legislation
During development, the project becomes unworkable or undeliverable, except where this arises from a fault on TSoftek’ part.
On termination of the project for any reason
You shall immediately pay to us all of TSoftek outstanding unpaid invoices and interest (if any), in respect of services supplied but for which no invoice has been submitted, we may submit an invoice, which shall be payable immediately on receipt.
All licenses granted by TSoftek under the project shall terminate; and
The accrued rights of TSoftek and liabilities of you as at termination shall not be affected.
The Customer must notify TSoftek in writing during the 30 day Warranty Period if the Customer identifies an error in the code/system/program written by TSoftek. Once it has been agreed TSoftek will correct any errors that we made in the construction of the code/system/program at no cost. Under no circumstances will a partial/full refund will be acknowledged. TSoftek reserves the right to define a bug/error.
TSoftek will not be liable under the below clauses:
1. If the error is not notified to the TSoftek in writing during the Warranty Period;
2. If the error cannot be verified or reproduced by TSoftek.
3. If and to the extent that the error is caused by infringement by the Customer or involvement of developer/freelancer/company not related to TSoftek.
4. If the software/programs/scripts (but not limited to) were written or developed by a developer/freelancer/company who is not related to TSoftek or is in a partially finished state.
5. Due to a change in the configuration of server / hosting at the customer end.
6. We make no warranties or representations that your code/system/program will be commercially profitable or succeed in any other intended purpose you may have for it. These involve many factors beyond our control.
7. Involvement of 3rd Party developer/freelancer/company during or after completion of work (in such cases we will need to be notified prior to project commencement)
3. You will meet the cost of any time spent tracking bugs due to data content uploaded by customer or 3rd Party which subsequently causes problems or bugs.
Use of Online Project Management Area, TSoftek Projects (DSP)
Access to DSP is granted on a temporary basis to aid in the smooth running and administration of your project. We may suspend, withdraw, discontinue, or change all or any part of DSP without notice. We will not be liable to you if for any reason DSP is unavailable at any time or for any period.
You are responsible for ensuring that all persons who access DSP are aware of the terms and conditions and that they comply with them.
If you are provided with a username and password as part of our security procedures you must treat such information as confidential and not disclose it to any third party.
We are the owner or the licensee of all intellectual property rights associated with DSP and the material published on it.
We do not guarantee that DSP will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs, and platform in order to access DSP. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect and affect your computer equipment or platform including data or other proprietary material due to your use of DSP or your downloading of any content on it, or on any website linked to it.
You must not misuse DSP by knowingly introducing viruses, Trojans, worms, or other harmful material that is malicious or harmful to the technology being used. You must not attempt to gain unauthorized access to DSP or the server where it is hosted.