Terms & Conditions
We believe in transparency and want to empower you with the knowledge necessary to make informed decisions about your interactions with our website.
The following terms & conditions apply to all website development, design, SEO & other services provided to the Client by Prosoftdesigns.
There is no requirement that a Client signs an acceptance of these terms and conditions for them to apply. Clients who accept a quote are deemed satisfied with the applicable terms and accept these terms and conditions.
Please carefully review these terms and conditions. Any purchase or use of our services constitutes acceptance of our terms and conditions.
Charges for services to be provided by Prosoftdesigns are defined in the project quotation that the Client receives via email. Quotes are valid for 14 days. Prosoftdesigns reserves the right to alter or decline to provide a quotation after the expiry of 14 days.
Unless otherwise agreed with the Client, all website design services require a minimum advance payment of fifty percent (50%) of the project quotation total before the work is provided to the Client for review. The remaining fifty percent (50%) of the project quotation total is due upon completion of the work before uploading to the server or releasing materials such as passwords.
Website design services of Twenty thousand (20,000) NPR or less require a payment of one hundred percent (100%) of the project quotation total before the work commences.
The acceptable payment methods for services are Electronic Bank Transfer, Connect IPS, eSewa, fonepay, or Khalti. Bank information will be included in invoices.
3. Client Review
Prosoftdesigns will provide the Client with an opportunity to review the website’s appearance and content during the design phase and once the website’s overall development has been completed. These materials will be accepted and approved at the project’s conclusion unless the Client notifies Prosoftdesigns within ten (10) days of the materials being made available to the Client.
4. Turnaround Time and Content Control
Prosoftdesigns will install and publicly post or provide the Client’s website by the date specified in the project proposal or by the date agreed with the Client upon Prosoftdesigns receiving initial payment unless the Client requests a delay and Prosoftdesigns agrees to the delay.
In exchange, the Client agrees to assign a single point of contact to assist Prosoftdesigns in advancing the commission in a satisfactory and timely manner.
Prosoftdesigns will require the Client to provide website content during the project, including text, images, movies, and sound files.
5. Failure to provide required website content:
We must ensure that the scheduled work is completed on time to maintain efficiency. To ensure that your work is completed by the agreed-upon date, we may occasionally have to reject offers for other work and inquiries.
This is why we require you to submit all necessary information in advance. We reserve the right to impose a 25% surcharge if we cannot make progress on your website due to your failure to provide us with the necessary information within the agreed-upon time frame. If your project involves Search Engine Optimization, we require the website’s text content in advance to efficiently plan and implement the SEO.
Suppose you agree to provide us with the necessary information but fail to do so within one week of the project’s start. In that case, we reserve the right to terminate the project and collect the remaining balance immediately. Simply put, the above condition states that you should not permit us to begin until you are ready to do so.
Note: Text content should be delivered as a Microsoft Word, email, or similar document, with each page representing the content of the corresponding web page. These page titles should match those of the agreed-upon website pages. Contact us if you require clarification.
Using our content management system, you can independently maintain your website’s content.
Prosoftdesigns will issue invoices upon completion but before the website goes live. Typically, invoices are sent via email; however, the Client may elect to receive paper invoices. Invoices are due upon receipt. Accounts that remain unpaid fourteen (14) days after the invoice date will be assessed a service charge of ten percent (10%) of the total amount due.
7. Additional Charges
The Client agrees to reimburse Prosoftdesigns for any additional costs incurred in completing the project. Examples include the acquisition of unique fonts and stock photography.
8. Web Browsers
Prosoftdesigns makes every effort to design websites so that most visitors can view them. Websites are created to operate with the most popular browsers currently available (e.g., Firefox, Internet Explorer, Google Chrome, etc.). The Client acknowledges Prosoftdesigns’s inability to guarantee correct functionality across all browsers and operating systems.
Prosoftdesigns cannot be held liable for web pages not rendering correctly in new browser versions released after the website has been designed and delivered to the Client. As a result, Prosoftdesigns reserves the right to provide a quote for any work entailed in modifying the website’s layout or code to ensure compatibility with updated browser software.
Accounts unpaid fourteen (14) days after the invoice date will be considered in default. If the Client defaults and maintains any data or files on Prosoftdesigns’s Webspace, Prosoftdesigns will, at its discretion, remove all such content. Prosoftdesigns is not responsible for any data loss caused by the discontinuation of service. The Client’s obligation to pay any outstanding fees assessed to the Client’s account remains unaffected by the removal of this content. Clients with delinquent accounts agree to pay Prosoftdesigns’s reasonable expenses, including legal and third-party collection agency fees, incurred in enforcing these Terms and Conditions.
The Client’s request to terminate services must be made in writing and will take effect upon receipt of such a request. Requests to terminate services made via email or telephone will not be honored unless and until they are confirmed in writing. The Client will be billed for all design work completed until the initial cancellation notice, payable in full within fourteen (14) days.
Prosoftdesigns services may be used for lawful purposes only. You agree to indemnify and hold Prosoftdesigns harmless from any claims resulting from your use of our service that damage you or any other party.
12. Copyright & Licensing
The Client retains ownership of all data, files, and logos provided by the Client but grants Prosoftdesigns permission to publish and use such content. The Client must obtain permission and rights to use any third-party copy-protected information or files. The Client is also responsible for granting Prosoftdesigns permission and rights for the use of the same and agrees to indemnify and hold Prosoftdesigns harmless from any claims resulting from the Client’s negligence or inability to obtain the necessary copyright permissions. A website design and placement contract constitute the Client’s assurance to Prosoftdesigns that all the required permissions and authorizations have been obtained. Evidence of authorizations and permissions may be required.
Any design, production, copywriting, drawing, idea, or custom code created by Prosoftdesigns for the Client is licensed for one-time use only. It may not be modified, reused, or redistributed without Prosoftdesigns’s written consent.
Prosoftdesigns owns all licenses for used plugins, artwork, and design templates. The Client may request from Prosoftdesigns, in writing, the necessary permission to use materials (for which Prosoftdesigns holds the licenses) in forms other than those for which it was originally supplied. Prosoftdesigns may, at its discretion, grant such a request. Prosoftdesigns reserves the right to charge the Client 50% more than the template or artwork’s original cost.
Prosoftdesigns owns the intellectual property rights to its software codes (excluding open-source software). Once all previous invoices have been paid in full, the codes may be transferred for an additional fee on the condition that they are only used or modified for re-use in further development for the specified Client or subsequent owners of that legal entity. Under no circumstances will the codes be permitted to be resold or duplicated.
Websites utilizing the WordPress Content Management System rely heavily on Plugins to accommodate some of the client-specific requirements. At the time of development, Prosoftdesigns chooses these Plugins based on their availability and the Client’s budget. Plugins are developed and maintained by parties outside of Prosoftdesigns’s control. Periodically, some of these Plugins may become obsolete or unsupported, necessitating their replacement so that the Client’s website remains current, functional, and secure. Prosoftdesigns, its Employees, or its Agents are not responsible for any losses that may result from this. In addition, the Client is responsible for covering the costs associated with replacing the faulty Plugin(s) and restoring the website. Prosoftdesigns will collaborate closely with the Client to replace the malfunctioning Plugin(s) and restore the Client’s website as quickly as possible.
14. Standard Media Delivery
Unless otherwise specified in the project quotation, this Agreement assumes that the Client will provide all text in electronic format (via email, Dropbox, One Drive, or Google Drive), photographs, and other graphics in.gif,.jpeg,.png, or .tiff format. Although Prosoftdesigns will make reasonable efforts to return the Client any images or printed materials provided for use in creating the Client’s website, Prosoftdesigns cannot guarantee such a return.
15. Design Credit
A link to Prosoftdesigns will appear in either a small type or a small graphic at the bottom of the Client’s website. If a graphic is used, it will be designed to fit in with the overall site design; if a Client requests that the design credit to remove, we can remove it. The Client also agrees that the website developed for the Client may be presented in Prosoftdesigns’s portfolio.
16. Access Requirements
If the Client’s website is to be installed on a third-party server, Prosoftdesigns requires temporary read/write access to the Client’s FTP-accessible storage directories. Depending on the nature of the project, it may be necessary to configure additional server resources.
17. Post-Placement Alterations
Once installed, Prosoftdesigns cannot be held responsible for any changes made to the Client’s pages by a third party. Such alterations include additions, modifications, and deletions, among others.
18. Development variations
Include feedback and revisions if applicable. Feedback may consist of the author’s corrections, minor styling issues, refinements to type sizes, colors, and comments regarding the effectiveness of any transitions. Any feedback must be collated and delivered together. Additional corrections or draft revisions outside those specified will be classed as a variation and billed hourly. Any ‘major’ changes, such as structural layout changes that vary significantly to the designs, will be identified and quoted on a rate of hourly basis before development proceeds.
Works requested outside those described or changes asked after the site has been fully signed off will be quoted separately or charged at an ad-hoc hourly rate. This does not include fixes to bugs or technical issues.
19. Development Ownership of Copyright
Websites designed and developed by Prosoftdesigns are backed by years of web design and code development expertise.
Prosoftdesigns retains ownership of all customized WordPress theme designs, features, plugins, solutions, and technologies developed and implemented to meet unique and specific Client requirements not met by widely available standard, ‘open-source’ solutions, templates, and plugins. The Client may use these for the purpose intended (single website / single use license) so long as hosting remains with Prosoftdesigns for at least two years after the website goes live.
If the Client decides to take full control of the website and seek to host elsewhere, they must sign a non-disclosure agreement (NDA) and pay a penalty fee to Prosoftdesigns.
In addition, upon taking full control of the website, the Client agrees that Prosoftdesigns’s watermark, which informs website visitors that the website was created by Prosoftdesigns and provides a link to its website, will remain in the website’s footer for the remainder of the website’s (theme) usage.
Before handing over the website, Prosoftdesigns may also remove any proprietary customizations, plugins, and coding as necessary. Any remaining premium plugins must be licensed and purchased by the Client.
20. Project delays and Client Liability
The proposed timeline is contingent upon the Client’s full cooperation and receipt of complete and final website designs or content. Questions or feedback may be necessary during the development process to advance to subsequent phases. The Client must designate and make available a single point of contact to expedite the feedback process. Incomplete content or content requiring modification during the development phase can also cause project delays. If the above conditions are not met, Prosoftdesigns cannot be held to the agreed delivery date. If the Client delays website development by more than ten(10) business days or halts it indefinitely, Prosoftdesigns will bill for the proper completion of work to date. Additional fees may be incurred to resume the project later if this occurs.
Both parties agree, at all times, either during their cooperation period or during any other period before or after that, to never disclose to any person or entity any confidential information related to either party’s business, affairs, operations, or Clientele, without prior written consent from the affected party. Furthermore, both parties agree to take reasonable precautions so that such information will not be made available to third parties. Such information may include but is not limited to, customer details, accounting documentation, agreements, policies, pricing, marketing strategies, statistics, etc.
22. Transactions with Third-Party Marketing Platforms
Unless otherwise specified and agreed, Microsoft 365, Gsuite Subscription, Google Ads, Facebook Platform Ads, LinkedIn Ads, and Mailchimp Subscription are all payable directly by the Client. It is the Client’s responsibility to settle these payments on time to ensure these services’ uninterrupted operation. Prosoftdesigns cannot be held responsible for any losses resulting from unpaid balances between the Client and Third-Party Platforms.
23. Refund Policy
The Client will not receive a refund if they stop working with Prosoftdesigns after accepting a proposal or signing a contract, provided the initial deposit has been made, and work has begun.
24. Warranty Period
Any work performed by Prosoftdesigns comes with a one-month warranty period. Any bugs or errors discovered after the final staging site has been handed over to the Client (e.g., for content populating) will be fixed at no cost. After this date, it is at the discretion of Prosoftdesigns whether any additional bugs will be fixed for free. During this period, minor adjustments to the website can also be made free of charge. It is up to Prosoftdesigns to determine whether or not this warranty covers modifications. After one month, Prosoftdesigns would be happy to discuss with the Client an ongoing maintenance agreement that can be tailored to their needs.
25. Domain Titles
Prosoftdesigns may purchase domain names on behalf of the Client. Payment and renewal of those domain names is the responsibility of the Client. The loss, cancellation, or otherwise of the domain brought about by non or late payment is not the responsibility of Prosoftdesigns. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.
These Terms and Conditions supersede any prior representations, agreements, or understandings. Acceptance of these Terms and Conditions is evidenced by the Client’s signature below or payment of an advance fee. By paying online, you accept our terms and conditions.
27. Governing Law
Nepal Law shall govern this Agreement.
Prosoftdesigns hereby excludes itself, its Employees, and or Agents from all and any liability from:
- – Any loss or damage caused by an error;
- – Loss or damage resulting from omission;
- – Loss or damage caused by delay or error in the website’s production, whether due to negligence or another cause;
- – Loss or damage to Client-supplied artwork or photographs. Whether the loss or damage results from negligence or not is irrelevant.
The entire liability of Prosoftdesigns to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.
If one or more of the provisions of this Agreement is determined to be invalid, illegal, or unenforceable, the validity of the remaining provisions shall not be affected, and the Agreement shall not be null and void solely for this reason. Such invalid, unlawful or unenforceable provision shall be replaced by a mutually acceptable valid, legal, and enforceable provision that comes closest to the intention of the parties underlying the invalid.