Freshora Digital Technologies
Last Updated: 14 April 2024
These Terms & Conditions govern the services provided by Freshora Digital Technologies (“Freshora,” “we,” “us,” or “our”) to its clients (“Client,” “you,” or “your”).
These terms apply to website development, mobile application development, software development, digital marketing, SEO, Google Business Profile services, hosting, maintenance, integrations, design services, and other services offered by Freshora, unless otherwise agreed in writing.
By accepting a proposal or quotation, issuing a purchase order, making an advance payment, confirming a project by email or WhatsApp, or authorizing work to commence, the Client acknowledges and agrees to these Terms & Conditions.
Freshora Digital Technologies will commence work on a project only after receiving the applicable advance payment specified in the approved proposal or quotation.
Project commencement is also subject to the Client providing the information, materials, approvals, and access credentials required to begin the agreed work.
The following payment schedules apply unless a different arrangement is agreed upon in writing.
All invoices must be paid within the payment period specified in the relevant invoice.
Freshora reserves the right to suspend project activities, delivery, deployment, or support if any payment milestone remains unpaid beyond the agreed due date.
Any resulting delay may extend the original project timeline.
All payments made to Freshora are strictly non-refundable, subject to applicable law.
If a project is cancelled, suspended, postponed, delayed, abandoned, or terminated for reasons attributable to the Client, payments already made will not be refunded.
Freshora is entitled to invoice and collect payment for all work completed up to the date of suspension or termination, together with any other amounts payable under the approved proposal or applicable agreement.
The quotation or proposal covers only the services, features, deliverables, and activities specifically included in the approved scope of work.
Any additional features, modifications, integrations, redesigns, revisions, content updates, enhancements, or other requirements requested after approval will be treated as additional work and charged separately.
Additional work will commence only after the Client's approval and confirmation of payment, where applicable.
Changes to the original scope may affect project costs, resource allocation, and delivery timelines. Freshora will communicate the applicable changes to the Client for approval before proceeding.
All project timelines are estimates and depend on the timely submission of content, approvals, feedback, payments, access credentials, and cooperation from the Client.
Delays attributable to the Client may extend the original delivery timeline accordingly.
Freshora will not be liable for delays caused by third-party vendors, hosting providers, domain registrars, government regulations, internet outages, or events beyond its reasonable control, including force majeure events.
Where such circumstances affect delivery, Freshora will communicate relevant updates to the Client as reasonably practicable.
The Client agrees to:
Delays or additional work arising from incomplete information, late submissions, or changes to previously approved requirements may affect project timelines and costs.
Freshora reserves the right to determine the technologies, frameworks, tools, resources, manpower, and execution methodologies used to complete a project, provided they are consistent with the agreed scope and deliverables.
Freshora's internal workflows, project management processes, development practices, operational procedures, and proprietary methodologies remain confidential and proprietary to Freshora.
Unless expressly agreed otherwise in writing, the Client is not entitled to access Freshora's internal operational systems, confidential processes, or proprietary working methods.
Project documentation, user manuals, training sessions, usage guidance, technical documentation, and knowledge-transfer activities are not included in the project cost unless specifically mentioned in the approved proposal.
If requested by the Client and not included in the original scope, the following services will attract additional charges:
Documentation and Training Charges: A minimum of 20% of the total project value may be charged, depending on the project's scope and complexity.
The applicable charges and deliverables will be communicated to the Client for discussion and written approval before the additional work begins.
Unless otherwise specified in the approved proposal or a separate written agreement, source code ownership and source code transfer are not included in the project cost.
If the Client requests source code handover, additional charges will apply.
Source Code Handover Charges: A minimum of 50% of the total project value may be charged, depending on project size, complexity, architecture, and technology stack.
Source code, project files, design assets, documentation, and administrative access included in the agreed handover will be provided only after full payment clearance of all outstanding invoices and applicable source code handover charges.
Freshora retains ownership of its proprietary frameworks, reusable components, libraries, development tools, methodologies, and internal modules used during project execution, unless otherwise agreed in writing.
Source code handover does not include future support, maintenance, upgrades, bug fixes, deployment assistance, or training unless separately agreed in writing.
Any requirements concerning source code ownership, domain and server migration, or handover of project-related assets must be communicated to Freshora before project commencement.
Such requirements may involve additional charges. Freshora will discuss the requirements with the Client and communicate the revised scope and pricing for written approval before proceeding.
Domain registration, ownership, renewal, and management are the responsibility of the Client unless otherwise agreed in writing.
Freshora may assist with domain purchasing, configuration, or related technical activities upon request. Domain registration and provider charges are payable separately by the Client unless expressly included in the approved proposal.
Freshora is not responsible for:
Where Freshora assists in purchasing a domain, the relevant account credentials will be shared with the Client, subject to the domain registrar's procedures and applicable requirements.
The Client is responsible for safeguarding account credentials and maintaining appropriate account access and security.
Freshora will not be responsible for lost credentials, unauthorized access, or account recovery issues arising from circumstances outside its reasonable control.
Hosting charges are separate unless specifically included in the approved proposal.
Website development projects hosted within Freshora's hosting environment will receive basic deployment support as applicable to the agreed scope.
If the Client chooses to use its own hosting provider or server infrastructure, including Hostinger, GoDaddy, AWS, Microsoft Azure, Skynet, or a local server, additional charges may apply for:
Freshora will provide support subject to the availability of technical resources, compatibility with the Client's infrastructure, and the agreed scope of services.
Any additional work or charges will be communicated to the Client and undertaken upon mutual agreement.
Freshora may provide server renewal reminders as a courtesy. However, responsibility for timely renewal and payment remains with the Client unless otherwise agreed in writing.
The following items are not included in the project cost unless specifically mentioned in the approved proposal:
Such services may involve separate setup fees, usage charges, subscription costs, and renewal fees.
Third-party services are subject to the applicable provider's terms, pricing, availability, and technical limitations.
Unless otherwise specified in the approved proposal, Freshora provides up to three months of complimentary bug-fix support starting from the date the website or application goes live on its domain.
For this purpose, the go-live date is the date the website or application is made publicly accessible on the agreed domain. Where a different deployment arrangement applies, the applicable commencement date may be agreed upon in writing.
Complimentary bug-fix support covers eligible defects in the delivered work and does not include:
Annual Maintenance Contracts (AMC) will become active only after payment confirmation and in accordance with the agreed AMC scope and terms.
Any support or maintenance outside the included scope may attract additional charges.
During the project period and for 24 months after project completion, the Client shall not, without Freshora's prior written consent, directly or indirectly hire, engage, solicit, contract, approach, or attempt to recruit any Freshora employee, consultant, freelancer, or contractor involved in or associated with the project.
Employee information, certifications, personal details, and internal records are confidential and must not be disclosed or used without proper authorization.
This clause is subject to applicable law.
Both parties agree to maintain the confidentiality of non-public information received from the other party in connection with the project, including:
Neither party shall disclose or use the other party's confidential information for purposes unrelated to the agreed engagement without appropriate authorization, except where disclosure is required by law or otherwise permitted under an applicable written agreement.
Both parties should take reasonable steps to protect confidential information from unauthorized access, disclosure, or use.
The Client warrants that all content, trademarks, logos, images, videos, documents, and other materials supplied to Freshora are legally owned, licensed, or otherwise authorized for the intended use.
The Client is responsible for obtaining the necessary permissions and licences for such materials.
To the extent permitted by applicable law, the Client shall indemnify and hold Freshora harmless against third-party claims, losses, or liabilities arising from the Client's supplied materials or the Client's lack of necessary rights or permissions.
Any intellectual property ownership or transfer relating to deliverables created by Freshora will be governed by the approved proposal and any applicable written agreement.
To the extent permitted by applicable law, Freshora shall not be responsible for losses, interruptions, or damages arising from circumstances beyond its reasonable control, including:
Freshora does not guarantee specific search engine rankings, uninterrupted third-party services, or particular business or revenue outcomes unless expressly agreed in writing.
To the extent permitted by applicable law, Freshora's total aggregate liability arising from a specific project shall not exceed the total amount paid by the Client for that project.
Nothing in this clause excludes or limits liability to the extent such exclusion or limitation is prohibited by applicable law.
Unless otherwise agreed in writing, Freshora reserves the right to display completed projects, screenshots, project descriptions, and Client logos in its portfolio, website, marketing materials, social media channels, and case studies for promotional and business-development purposes.
Freshora will respect applicable confidentiality obligations and any written restrictions agreed with the Client.
If the Client requires a project to remain confidential or does not authorize the use of its name, logo, or project materials for promotional purposes, this requirement must be communicated and agreed upon in writing.
Any dispute arising out of or in connection with a proposal, project, or these Terms & Conditions shall first be addressed through good-faith discussions between Freshora and the Client in an effort to reach a mutually acceptable resolution.
If the dispute cannot be resolved through mutual discussion, it shall be subject to the exclusive jurisdiction of the competent courts at Tiruchirappalli (Trichy), Tamil Nadu, India, subject to applicable law.
Acceptance of a proposal or quotation, issuance of a purchase order, payment of an advance, confirmation by email or WhatsApp, or authorization for work to commence shall constitute acceptance of these Terms & Conditions.
These terms shall be read together with the applicable approved proposal, quotation, and any separate written agreement between Freshora and the Client.
Where a specific provision in an approved proposal or separate written agreement expressly differs from these Terms & Conditions, the applicable documents shall be interpreted together, and the expressly agreed project-specific provision shall prevail to the extent of the inconsistency, subject to applicable law.
Any project-specific requirements, exceptions, or changes to these Terms & Conditions may be discussed with the Client and finalized in writing before the relevant work proceeds.
By proceeding with a project, the Client acknowledges that it has had the opportunity to review these Terms & Conditions and seek clarification before confirming the engagement.
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Join NowFreshora Digital Technologies proudly serves businesses across Tamil Nadu, including Chennai, Coimbatore, Madurai, Tiruchirappalli (Trichy), Salem, Erode, Tiruppur, Thanjavur, Vellore, Tirunelveli, Dindigul, Karur, Namakkal, Thoothukudi, Kanyakumari, and other major cities and business areas across the state.
We provide Website Development, Mobile App Development, Software Development, SEO, Google Business Profile Management, Google Ads, Meta Ads, UI/UX Design, and Digital Marketing solutions for businesses across Tamil Nadu. We also serve clients across India and international markets, including Singapore, the UAE, Saudi Arabia, Canada, Australia, the United Kingdom, and the United States.
