Acceptance of Terms to use the Site & our Services

By accessing and using ‘Cafune Solutions’ website (https://cafunesol.in/) or by downloading any stuff from ‘Cafune Solutions’, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”). These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. If you do not agree to be bound by these terms and conditions of use, please refrain immediately from using ‘Cafune Solutions’ website or our services.

Throughout the site, the terms “we”, “us” and “our” refer to ‘Cafune Solutions’. We offer this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

‘Cafune Solutions’ reserve the right to modify these terms and conditions from time to time without any prior notice, after which the use of our website will be governed by that revised version. You are hence, recommended to check the terms and conditions on the website regularly. 

1. In consideration of any Digital Marketing services to be provided by ‘Cafune Solutions’, you agree to the following terms:

2. ‘Cafune Solutions’ is engaged by you to provide SEO, Web Design or any Digital Marketing services on your behalf and you must pay ‘Cafune Solutions’ the agreed-upon amounts on a monthly basis. This term of this Agreement shall be for such time as the parties may agree from time to time, provided that should you wish to cease utilizing ‘Cafune Solutions’ services, then you must notify ‘Cafune Solutions’ at least 10 days before the current month-end. Should ‘Cafune Solutions’ wish to cease providing SEO services to you for any reason, then ‘Cafune Solutions’ may notify you of this and cease providing services to you.
3. You agree to engage ‘Cafune Solutions’ to provide SEO services to you in an effort to improve your Google search engine results, appearance, online presence. You further agree that to allow us to provide its SEO services to you in its sole discretion and agree that as ‘Cafune Solutions’ has experience in rendering SEO services that it may use its unfettered discretion to decide upon an SEO strategy for you based, in part, upon your current search result ranks and your competition within the desired search results.
4. You acknowledge that the nature of the SEO, Web Design or any Digital Marketing services provided and the applicable rates and charges have been communicated to you. You know that ‘Cafune Solutions’ reserves the right to change the specified rates and charges from time to time. In the event of any pricing changes, ‘Cafune Solutions’ will notify you of the same at least 10 days prior to the end of the then-current month.

2. In consideration of any Web Design & Development services to be provided by ‘Cafune Solutions’, you agree to the following terms:

During the project briefing, it is the client’s responsibility to provide us with clear guidelines along with the flow or specific details you may require. When such details are not provided, we will proceed with our understanding of your 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.

Once the proposal has been finalized, any additions, changes or enhancements in the functionality or design of the project will affect the proposal and may incur additional cost and revised delivery date. All additional work, over and above the estimates is charged separately. Under no circumstances will ‘Cafune Solutions’ be liable for any delays caused by a change in the project brief.

Any complexity related to specific deliverables must be advised in advance and included in the proposal for costing purposes. We operate in good faith and rely on our clients to disclose the full picture of their expectations. Any discrepancy arising due to unclear requirements or expectations will not be borne by ‘Cafune Solutions’.

3. ‘Cafune Solutions’ retains the copyrights or ownership to the source code/design of all files produced/developed/designed by ‘Cafune Solutions’ during the course of working on this project. After the final payment only, the project rights and ownership of source code/design will be handed over to Client.
4. Any additional work not specified in the proposal will be estimated separately or would require an amendment to this proposal.
5. All the images and text/content etc is to be provided by the client. In case the client does not provide us with the images, the client gives us the assumed right to use the images from the internet. Once the delivery of the work is done, ‘Cafune Solutions’ does not accept the responsibility of any copyright infringement/ trademark/ performance/ damages or any legal liability arising because of any reason. Ideally, it is in the best interest of the client that they provide the images and text/other content at the time of contract only and ensure that work is done as per his agreement.
6. In an event Client terminates the project during the course of the development of the website; in this case, the initial advance will not be refunded.
7. Website content and all related materials need to be provided to us within the first two weeks of starting the project. Any delays thereafter may delay the project and may incur additional charges if it goes beyond a reasonable timeframe.
8. The client must recognize that at times there may be unforeseen circumstances that will delay the development process, particularly with reference to the integration of third-party software. We will try our best to complete the project as agreed in the proposal. As long as it is within a reasonable period, the client agrees not to penalize us for any genuine delay, when every effort to keep the project on the proposed schedule is taken.
9. ‘Cafune Solutions’ takes no responsibility for any of the third-party products, software or components used in the website development such as payment gateway, SSL certificates, etc. We suggest you take regular back-ups to avoid any disruptions.
10. ‘Cafune Solutions’ offer packages in co-ordination with third party providers. Changes to the third-party provider’s rules and policies may ultimately affect the services we provide or the terms and conditions herein.
11. Domain registration charges are not included as a part of the proposal unless mentioned otherwise.
12. Hosting charges are not included in the quotations unless mentioned otherwise. ‘Cafune Solutions’ can organize an appropriate hosting solution if required, a quote form that will be submitted separately and approved by the client.
13. Once the website is delivered we will provide 1-month free service including training
14. For e-commerce website – data entry is free for 5 to 25 products only
15. Where clients decide to organize their own hosting, we should be consulted before finalizing the type of hosting and database, as it should meet the requirements of the technology used for the development. Please note that we’ll require full access to hosting support for testing and deploying the application. ‘Cafune Solutions’ will not be liable for any delays or errors caused by direct or indirect actions of the hosting company.
16. ‘Cafune Solutions’ cannot give access to their Local/test servers and test websites to the clients or any third party.
17. Copyright of the completed web designs, images, pages, code and source files created by the Developer for the project shall be with the Client upon final payment only by prior written agreement. Without an agreement, ownership of designs and all code is with the Developer.

3. In consideration of Dedicated Resource(s) services to be provided by ‘Cafune Solutions’, you agree to the following terms:
   1. 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).
   2. The developer/ designer is on a dedicated basis; it is important he or she has tasks at all times to avoid delays (any delays may increase the time required to complete the project).
   3. The client is allocated dedicated resource(s) along with the necessary functional and support staff such as a team leader and a project manager.
   4. The client will not attempt to engage in business with current or ex-staff on a personal basis. Contravention of this will lead to legal proceedings involving all parties. All ‘Cafune Solutions’ employees have confidentiality clauses in their employment contracts and have signed non-disclosure agreements.
   5. The resource(s) would be operating out of the Indian office of ‘Cafune Solutions’. The Indian office operates Monday – Friday, 10:00 AM to 06:00 PM (India’s time zone is GMT + 5:30 / BST +4.30). All the public holidays are notified in advance and communicated by the development team directly; the holidays are generally compensated by working extra hours in the evenings, at weekends or as per the agreed time schedule with the client.
   6. A man-month would be defined as 160 Hrs of work in a month. When a developer(s) is working on a dedicated basis, they are allocated for 40 hours per week, 160 hours per month, etc. This time includes design, programming, testing and time spent awaiting feedback requested by the developer(s) to the client.
   7. Both the parties undertake to disclose the information including “confidential information” only to a minimum number of its employees who need to have the information disclosed to them only on a “need-to-know” basis and to ensure that the obligations on use and disclosure of the information are observed by all of the said employees.
   8. Any party may terminate the services/contract/ agreement in writing by providing notice. The notice period for large projects is 3 months & 1 month for the small to medium-sized project. For clients with On-going Time & Materials Projects (weekly & monthly running projects with dedicated developers and designers), the notice period is a minimum of 1 week. ‘Cafune Solutions’ has the right to “define” the “type” of a project. Third-party services might require additional time.
   9. During the course of the “project”, it is the client’s responsibility to provide all (but not limited to the following) the relevant information, content, pictures, previous code, etc… in order to make the project technically feasible and viable – in the absence of the above or any other relevant material ‘Cafune Solutions’ will use freeware/shareware material as deemed fit.
   10. ‘Cafune Solutions’ will not be held responsible in case the client insists on using a particular “copyrighted” material – ‘Cafune Solutions’ would assume that the client has taken care of the legal and copyright implications of using the same and once the final payment and or the website has been made “live” it is deemed that the client has given the go-ahead to use the above-mentioned material at its own risk and consequences.
   11. After the receipt of the final payment, the client will own the specific instances of all code we produce for you but not the algorithms, techniques, methods, or trade secrets we use to produce it and which belong to ‘Cafune Solutions’.
   12. If during the course of the work the client is unable to provide us with necessary information, materials or feedback in a timely manner when requested (within 24 hours) it could become necessary to reschedule the team/resource for other projects while we are waiting. Any delay in re-allocating resources off the project during these waiting periods will be taken from the allocated project time.
   13. If we request materials, information, decisions, or approvals from you that we need to complete the work, and you do not provide them within thirty days of our request, we will deem the work to be completed and all payments due.
   14. Existing sites – Work done on an existing site is done on an unseen basis: Due to the nature of existing sites (sites already finished or partly finished by a third party), we cannot predict code integrity. We undertake this work on the understanding that we will research and develop the existing code, but we make no guarantees that the previous work is a suitable framework for us to work with.
   15. Live servers, all development work takes place “off-site” on a Sandbox environment provided by us. 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.
   16. Payments for time worked are not refundable if the work is canceled before completion.
   17. If the total man-hours logged by a resource are more than 15% over the hours defined above, then the Management of ‘Cafune Solutions’ reserves the right to charge the client for the additional man-hours.

4. In consideration of Hosting services to be provided by ‘Cafune Solutions’, you agree to the following terms:
   1. Hosting is an annual charge which must be paid in advance for the whole year.
   2. It is the client’s responsibility to renew the hosting in time ie. before the expiry date. Failure to renew in time can lead to loss of files, data, emails, backups, etc. All unpaid hostings are disabled or deleted from the server.
   3. All renewals must be paid by seven working days prior to the expiry date. ‘Cafune Solutions’ will not be responsible for issues relating to the delayed payment.
   4. Hosting are on shared and non-shared servers hosted via third-party providers. ‘Cafune Solutions’ ensures best to our ability that our systems and servers are protected from hackers, viruses, intruders and other online and offline problems, however, we will not be held liable for any disruption of services if such a situation arises.
   5. The client is solely responsible for the content stored on and served by the hosting service purchased and the activity of any scripts or email services created under the hosting service. The Customer must maintain the security of all account passwords and applications or scripts and ensure all scripts under the hosting service are free from malicious content that may harm any part of the Server, other client accounts hosted, or the external systems of visitors viewing the hosted content.
   6. In case of a malware attack, ‘Cafune Solutions’ reserves the right to delete files on the hosting service without giving any prior notice.

5. In consideration of Hosting Cancellation/Termination services to be provided by ‘Cafune Solutions’, you agree to the following:
   1. Hosting Cancellation requests must be sent in writing or by email one month prior to the expiry of the same. Once the hosting has been renewed, it cannot be canceled and must be paid for the full year.
   2. If the hosting is not paid and renewed before the expiry date. We reserve the right to disable the hosting and all associated services including emails and DNS records. Additional charges will be applicable to re-enable the hosting. ‘Cafune Solutions’ will not be responsible for any loss of data, files, emails, backups, restoration costs, etc.
   3. If a hosting has been canceled / disabled then all files, emails, databases, and backups will be deleted from the server without any notification to the client.
   4. In case the Client needs to cancel the auto annual renewal, please inform us in writing at least one month prior to the renewal date.
   5. Ongoing term: For any reason, if the Client decides to terminate an on-going maintenance package then they will need to pay the balance amount of the remaining months.
   6. ‘Cafune Solutions’ reserves the right to terminate annual maintenance at any time with written notice to the Client.

6. In consideration of Emails Servers services to be provided by ‘Cafune Solutions’, you agree to the following:
   1. All emails are to be downloaded on the client’s computer periodically. Email boxes must be kept within their quota limits. Periodical maintenance may be carried out on the email box and emails older than 6 months are deleted.
   2. Clients must not use the email hosting for inappropriate content and other undesired emails which can result in spamming or infecting the server. Under such circumstances, immediate action will be taken and the required files and data will be deleted without any prior notice.
   3. ‘Cafune Solutions’ offer packages in co-ordination with third party providers. Changes to the third-party provider’s rules and policies may ultimately affect the services we provide or the terms and conditions herein.
   4. Hosting are on shared and non-shared servers hosted via third-party providers. ‘Cafune Solutions’ ensures best to our ability that our systems and servers are protected from hackers, viruses, intruders and other online and offline problems, however, we will not be held liable for any disruption of services if such a situation arises.

7. In consideration of Web Domains services to be provided by ‘Cafune Solutions’, you agree to the following:
   1. All domain registrations and renewals are to be paid in advance.
   2. The expiration of a domain can result in service disruption and loss of domain.
   3. ‘Cafune Solutions’ will not be responsible if a domain expires due to non-payment / late payment of the charges. All payments must be made by seven working days before the expiry date.
   4. It is the client’s responsibility to renew their domain names with us.
   5. All invoices and dues must be paid in full before we release the requested domain name.
   6. ‘Cafune Solutions’ has the domains in a common pool account and therefore cannot give access to its domain control panel.
   7. ‘Cafune Solutions’ offer packages in co-ordination with third party providers. Changes to the third-party provider’s rules and policies may ultimately affect the services we provide or the terms and conditions herein.

8. In consideration of Maintenance Plan (AMC) services to be provided by ‘Cafune Solutions’, you agree to the following:
   1. All maintenance packages are for a minimum of 3 month’s period.
   2. Maintenance packages are billed quarterly and the fee is to be credited/paid on 1st day of the billed quarter.
   3. Packages are designed to serve minor website maintenance tasks only. Larger projects or updates are not included in the package.
   4. Package includes one support request per month of up to 15 man-hours. Unused man-hours may not be rolled over to the next month. This support time can be used once every month to update the WordPress and Plugins versions.
   5. ‘Cafune Solutions’ employs fair use policy, which means that although we don’t formally transfer over any unused time to the next month or formally accumulate unused man-hours, we do understand that your needs may change from month to month, and we allow flexibility in good faith sometimes.
   6. Any extra hours used will be billed separately @ $12/hour.
   7. Support requests need to be sent via email to info@cafunesol.in
   8. Any urgent tasks will be charged separately.
   9. The package is auto-renewed every quarter and Invoice will be raised.

9. Payment Terms:

1. You agree to pay all applicable monthly fees and other applicable charges to ‘Cafune Solutions’ on a monthly basis on the first calendar day of the month (first day of your paying cycle) during which services are to be provided.
2. You further agree that all amounts paid to ‘Cafune Solutions’ are non-refundable. Your purchase of any service or package is a legally binding contract for that sale.
3. There are absolutely no refunds for any fees related to the monthly maintenance package. 
4. Once work on any purchased package or service has been initiated we cannot offer a refund. Please consider this when placing an order. 
5. Any outstanding amounts owing to ‘Cafune Solutions’ from a previous month are required to be paid on the first calendar day of the next month, failing which ‘Cafune Solutions’ reserves the right to withhold or cancel its services to you.
6. Monthly maintenance package fees require upfront payment only. No other forms of payment will be accepted for monthly maintenance.
7. After 2 working days of the due date, an administrative fee of $10/DAY will be charged to the client’s account for any late payments or declined credit card charges.
8. More than three missed payments in a year may attract termination of the package and the client will need to pay immediately the entire remaining amount on the package.
9. All the applicable taxes will be levied as per actual.

The Cheque/Money Order/Wire Transfer/PayPal Payments will be payable to ‘Cafune Solutions’. We will be pleased to start the project promptly after we receive your acceptance of our proposal, the requested information and applicable professional fees.

Limitation of Liability:

‘Cafune Solutions’ will endeavor to render its Web Design/Development or any Digital Marketing services to you in a prudent and professional manner. However, in no event shall ‘Cafune Solutions’ be responsible for any direct, indirect, special, exemplary or consequential damages (including but not limited to procurement or substituted services or products; loss of business, revenues or profits; loss of goodwill or reputation; business interruption however caused and on the basis of any cause of action).

Jurisdiction and Attornment:

The parties agree that this Agreement and any and all disputes between the parties shall be governed in accordance with the laws of the Province of India, and attorn to the jurisdiction of the Province of India, in connection with any disputes which may arise between them.

Notice:

Any notice required or permitted to be given by ‘Cafune Solutions’ to you shall be deemed to have been received by you if sent to you by e-mail to the e-mail address which you have provided us within our written communications. Any notice required to be given by you to ‘Cafune Solutions’ shall be deemed to have been received if sent by you to info@cafunesol.in

No Agency Relationship:

Nothing contained in this Agreement shall be interpreted as making any agency, partnership, or other forms of joint establishment between the parties hereto. Each party shall make sure that no representations are made to the opposite of this effect, either specifically, unconditionally, by appearance or otherwise.

Waiver:The failure of ‘Cafune Solutions’ to require your performance of any provision hereof shall not affect the full right to require such performance at any time afterward nor shall the waiver by ‘Cafune Solutions’ for a breach of any provision hereof be taken or held to be a waiver of the provision itself.