The use of this Website (www.ratnamtechnologies.com) is governed by the policies, terms, and conditions set forth below. Please read them carefully as your use of this site, your placement of an order, or your purchase order to Ratnam Technologies, indicates acceptance of these terms and conditions.
Products and services
Our products and services are provided to the best of our ability and based on the Designer’s or Developer’s personal experience and any information, facts and issues you provide. Any opinion, statement, recommendation or anything whatsoever shall not form a guarantee. Whilst we can advise you but it is your responsibility to ensure that products and services meet your particular needs.
A Hosting agreement is required to run and maintain storage of information for any website.
Support
Projects, including any completed web site are provided as a complete work. We are usually delighted to provide future support upon request, at extra agreed cost, but are not obligated in any way to do so.
Definitions
“Services” means anything we do on your behalf in accordance with this agreement.
“Products” are items including software which we supply to you, usually ancillary to our services. Products may also be supplied with their own terms/ licence which you must adhere to.
“Project Agreement” means the document which specifically outlines what services you have told us you want and the price agreed for them.
“Public Courses” mean training courses which are open to any member of the public upon booking a place and making full payment of the fees involved.
“Private training” means training courses which are open only to you or your organisation as detailed in your Project Agreement.
“Consumer” means anyone purchasing not in the course of a business. This agreement is not intended to affect your statutory rights.
“Intellectual Property Rights” means all vested, contingent and future intellectual property rights including but not limited to any patent, trademark, service mark, registered design, copyright, design right, right to extract or exploit information from a database, database rights, know-how, confidential information or process, any application for any of the above, and any other intellectual property right recognised in any part of the world whether or not presently existing or applied for.
“Nominated Persons” means the people within your organisation who we will be dealing with. By ‘dealing with’, we mean obtaining any instructions, reporting to, agreeing to amend the services or alter them in any way, agreeing to supply extra or enhanced services or any changes whatsoever to this agreement. We will not be able to deal with anyone else unless we specifically agree in writing. It is your responsibility to ensure that all contact details for all Nominated Persons are accurate and up to date.
Abide by terms
By making use of our organisation and its products and services you will be deemed to; be aged 18 or over; have read and understood this agreement and agree to be bound by its terms and conditions. Where you are entering into an agreement on behalf of an organisation you confirm that you have the legal right to do so.
Supply of services
Whilst we will use our reasonable endeavours to supply the services, we shall not be responsible for any failure to provide services or any unavailability. We make no warranty against electronic virus, worms or any other fault or defect or problems which may occur. We will not be responsible for any loss or damage whatsoever caused resulting from a failure to provide or where a virus or defect occurs as a result of any e-mail or document we send you.
The presence of the web site on the internet is not our responsibility. We are not responsible for web-hosting and no guarantees can be made as to the availability or interruption of any hosting service.
During the supply of services we may make recommendations for other suppliers and this does not form any endorsement or guarantee as to supply of either services or products.
We reserve the right to suspend the services and to substitute any nominated person within our organisation, such as developer or designer, where necessary.
If you are an organisation, when we provide the services to your organisation we deal with nominated persons.
We reserve the right to refuse to work with any specific individual within your organisation without specifying a reason.
Where we have agreed to supply any report or documentation they will be in whatever format and contain the information that we, in our absolute discretion, deem appropriate.
Compatibility
Use of our products, the Internet and Web sites is designed for computers which meet certain applicable specifications as to hardware, including servers and software. It is your responsibility to ensure that the server we agree to initially install the web site on meets our minimum criteria for this and that you can run/use and products. Consultancy advice can be provided to you at your request as to the specifications. We will advise you at the time of your request whether any additional charge will be made for the provision of this advice.
We will use our best endeavours to ensure that any web site designed and/or developed is compatible with published web standards available on the W3C website http://www.w3.org. Any browser specific will form part of the Project Agreement.
Usually, we will provide testing but please refer to the Project Agreement for your responsibility for any testing or provision of a suitable testing environment
You agree to fully test any application or programming relating to a web site before it is made generally available for use. If any errors, “bugs” or problems are found after the site has gone “live” we will use our best endeavours to make the necessary corrections but we are not obligated to do so.
Ultimate responsibility for computers, including servers, hardware and software, hosting, internet connection, cabling once installed and maintaining a stable internet connection when interacting with your site rests with you.
Prices and payment
Payment for all services must be made in full, by Standing Order, cheque or credit/debit card or Paypal within 15 days of the date of any invoice supplied. This includes any taxes due. You will have been deemed to have received any invoice if it is:
Handed to you or, where appropriate, a Nominated Person.
Faxed or emailed, in which either event a transmission log record will be retained by us.
If you do not pay or there are any problems with your chosen method of payment then once you have ordered services you are still responsible for payment. If we do not receive payment then we will charge you 15% compound interest per annum until we receive full cleared payment.
Where payment is a part of staged payments such as monthly, then late or non-payment will automatically mean that all work will stop until such time that full payment (including any accrued interest or extra payment) is made. No refunds will be made.
Where payment is to be made on a monthly basis for support you are charged 1 month in advance. So, for example, on the 31st March you will pay for the time agreed in April. Where you take more time than what is agreed, these overflow hours will be charged and must be paid for at the end of that month. There will be no monetary rebate or discount for unused hours.
Any deposit payment is non-refundable.
We reserve the right to increase prices for either the services which arise because of an increase in parts or other outside costs beyond our reasonable control. If we do, then we will give you at least 30 days notice in writing. If you are buying as a consumer then you may cancel this agreement at any time up until 14 days before the supply of services.
Where payment is made via a third party such as Paypal, you are also confirming your agreement to adhere to that third party’s user agreement.
Payment & passing of rights
Once all amounts due to us from you are paid and cleared you are assigned the rights to use, as applicable, the products and services, including, the web site which includes the text, graphics, animation, audio components and digital components contained within the finished web site, in accordance with these terms and conditions, the Project Agreement and any applicable agreement, terms or licence but no rights of ownership are conveyed unless specifically stated in the Project Agreement.
No such rights as described in (1) above will pass until all amounts due to us from you are paid. This means that we will have a lien over any service, products, data or information. If you have not paid the invoice in full within 2 months from the date of the invoice you agree that you will forfeit your rights.
The rights to photographs, graphics and any third party items such as source code, always remain the property of their respective owners.
Unless you have our specific written agreement in the Project Agreement, all products, including Content Management Systems, interfaces, navigational devices, menus, menu structures or arrangements, icons, help, all operational instructions, scripts, cgi applications, software, programming/source code, and all other components of any source or object computer code that comprises the Website, all literal and non-literal expressions of ideas that operate, cause, create, direct, manipulate, access, or otherwise affect the Content and design elements used or developed and all software, and our products and results of our services remain our property and we retain full ownership rights and all intellectual property rights. You specifically agree not do anything that may in any way infringe upon or undermine our rights, title, or interest in the Website or our products and services. This includes, but is not limited to, any sale, transfer or gift of the whole or of any part of any item, data or anything whatsoever that we own. You fully understand that we may reproduce, reuse, develop and use in any other way we choose, anything within our ownership
Responsibility and misuse
You agree that your are responsible for the actions of all your employees, agents, consultants and anyone who appears or purports to be a member of your organisation or working with them.
You agree that you will solely be responsible for your use of any products and services provided to you and that you will use our products and services legally and only for the purposes that they are intended to be used for.
Furthermore you agree that you will not misuse the products and/or services supplied and that you will abide by any laws applicable to this agreement or the operation of it.
You specifically agree that we have no liability and furthermore you will indemnify us for any loss resulting in any breach of this clause.
We will always refuse to handle in any way, information or data or material which we, in our absolute discretion, deem to be illegal, offensive or controversial, and reserve the right to terminate this agreement without notice.
Our access
You agree that you will do nothing which could restrict or inhibit our access for any examination following complaint of any services supplied under this agreement.
You will allow us full access to any existing information you may hold which relate to our services.
You will provide to us all information, and documents and anything that we need in order to complete the provision of services within specified deadlines. We will not be held responsible in any way for your failure to do this.
Accuracy & responsibility for information and data & copyright
You confirm that any data, information, materials or documents passed to us have been checked by you as being accurate, suitable for the use you require and proof-read and that anything which you have provided us with does not breach any copyright, intellectual property or the rights of any third party, whatsoever in nature, and is not contrary to any law.
You specifically confirm that you hold the full copyright of anything that you provide to us (e.g. data, text for insertion, information, documents, logos and any other content whatsoever) or that you have obtained the copyright owner’s permission to use it in the way you have asked us to (e.g. extract from published document).
You agree that all text and graphics will be provided by you in the format as specified within the Project Agreement. If we have to do any work because the information is not in this format then we reserve the right to charge you an additional amount for that work.
You confirm that we are not responsible for any omission, additions, changes, alteration, typographical, clerical or other error or omission within any information or documentation or products and/or services supplied
All documents that we provide to you are subject to our copyright and intellectual property rights and particularly, with training notes and information, only those attending training sessions have a restricted personal licence to use them to participate in the training. This means that you can not, for example, reproduce them in any way, but by attending a training session we specifically provide you with the right to use those documents during the training sessions and after the sessions for your own use, as an aide memoire or refresher to what was covered during the training sessions.
You confirm that you will not breach any intellectual property rights, including copyright in so far as materials, software, information, content and anything whatsoever supplied to you from us.
You specifically agree that we have no liability in respect of this clause and furthermore you will indemnify us for any loss.
Third party software
Some features of your web site or our products and services may be based on software or items provided by third parties, such as shopping cart software or banking. By accepting our terms and conditions you are also agreeing to comply with the licence and/or the terms and conditions in relation to any software or items provided by third parties, Any such software is provided on an “as-is” basis, without warranty and you specifically agree that we can not be responsible for any faults, failures, errors, or issues relating to the operation of third party software nor the availability of updates and upgrades.
Intellectual property rights
All intellectual property rights of whatever nature in relation to our services, products and software shall remain ours, other than any third party rights which shall always remain vested within those third parties.
You specifically agree to comply with both our Intellectual Property Rights and those of any third party in relation to the services, software and products.
You agree to immediately notify us if you become aware of any infringement of the Intellectual Property Rights in relation to the software including any unauthorised use, copying or distribution.
You agree to indemnify us against all actions, claims, proceedings, damages, costs and expenses arising from your actual or alleged infringement of intellectual property rights and that you will notify us within 3 days of your knowledge of any such actual or alleged infringement. If we wish to, you further agree to allow us to conduct all negotiations and litigation and confirm that you will provide us with all reasonable assistance.
License
You agree that we have a non-exclusive, worldwide, and royalty-free licence for the Initial Term and the Renewal Term, if applicable, to edit, modify, adapt, translate, exhibit, publish, transmit, participate in the transfer of, reproduce, create derivative works from, distribute, perform, display, and otherwise use your content as necessary solely for the purposes of rendering and operating the Services to you under this Agreement.
As for licences or rights passing to you, please refer to above clauses.
You understand that you have an Agreement to use our services and products and that this Agreement does not convey to you any rights of ownership.
Development credit
You confirm that, unless specifically agreed otherwise, we reserve the right to include details of the project, including any images to show the nature of the work, for our use either on our web site or within any printed portfolio, as an example of our work.
Time estimate
We will use all our reasonable endeavours to complete any supply of services within any time estimate that we give. However, we will not be liable for any loss of damage suffered because of any unavoidable or reasonable delay in completion, including third party involvement and your failure to deliver items such as documents or information. We will keep you informed about any delay.
Data back-up
It will always remain your responsibility to retain up to date back-ups of any data in connection with your web site once the work has been completed by us and it is not our responsibility to retain any copies.
We can accept no responsibility whatsoever and will not be liable for any losses, claims or damages which may arise because data is not/has not been backed up.
Liability disclaimer
To the extent that the law allows we will not be held responsible for any loss, incidental or consequential damage, or loss arising out of installation, use (unauthorised or otherwise), errors, mistakes, accident, theft or fraud, destruction, or any part of the provision of services.
In the unlikely event that we would be held liable for any losses occurring as a result of using/failing to use the services or at all, then such total damages for any loss whatsoever shall be limited, in relation to any one incident or series of related incidents, to 100% of the amount paid by you in respect of the agreement under which you claim.
Your information and data protection
Any services we provide to you may be reliant on information provided by you, so you are responsible for ensuring that any information you provide is accurate, correct and up-to-date. Data will be held according to current applicable Data Protection legislation subsisting in India.
Confidentiality
Both of us agree that the specifications and documentation and information relating to this agreement are confidential, including information obtained about each other, the organisations etc and that only the agreed information as appears on the web site can be disclosed other than as required by Statute or Court Order.
Exclusivity
You specifically agree that we have full and exclusive working rights within the terms of provision of this agreement and that you will not involve other parties without our specific agreement in writing.
Assignment
The rights given cannot be transferred, sold, rented or shared in any way by you and nobody else can benefit but you. A copy of this agreement will be admissible in the case of any dispute or in any proceedings.
We reserve the right to assign and/or sub-contract all or any part of the services but if we do this it will not affect your rights under this agreement.
Electronic product
You can cancel any order actually made via our web site within 7 days of placing an order in accordance with Consumer Protection.
However, this will not apply in accordance with Regulation of the above Regulations.
Term, breach and cancellation
The term of this agreement is during the time of purchase and use of any services.
We reserve the right to terminate this agreement
Immediately if you breach any term of this agreement, including any third party user agreement or if we refuse to handle your information or data and material (see clause above of this page). You will not be entitled to any refund in respect of unused services.
By giving you 30 days notice. In these circumstances we will refund you for any unused services or pre-paid fees within 30 days of the service ceasing. However we will not be responsible for any liability whatsoever, including any claims, expenses and fees, relating to the notice period and service ceasing.
If we do not act upon any breach immediately you should not assume that we have waived any rights as to enforceability or to seek redress, unless we have expressly stated that in writing.
Other than any rights described in this agreement, you may terminate this agreement at any time giving us notice of 1 calendar month. However, any monies due under this agreement must still be paid and we will not make any refund at all, including for any unused services or pre-paid fees.
You agree to be bound by and accept this agreement as applicable to your purchase of product(s) from www.ratnamtechnologies.com. These terms and conditions are subject to change without prior written notice at any time, in Ratnam Technologies sole discretion.
If you do not wish to purchase a website maintenance plan, you can still submit service requests by posting a mail to info@ratnamtechnologies.com.
At that time your support request will be flagged as a ‘Non Maintenance Request’. Once a purchase has been made, your project will be put in the Ratnam Technologies work queue. Work will commence on your project as soon as all higher priority projects have been completed.
Please note that ticket ‘response times’ are based on the service level agreement (SLA) response times that you’ve purchased.
Response Times | Website Maintenance:
Emergency Support**: SLA response time = 24 – 48 business hours,
weekend support included.
P1: SLA response time = 4-8 business hours,
P2 (Quote Request): SLA response time = 1-6 business days.
Average resolution 2-6 weeks.
Before beginning support all requests are directed to sales for a quote. As soon as we secure payment, we’ll schedule your project or support request with our staff.
Website maintenance prices you call our sales person
MORE on Response Times:
We’ll respond to general requests within your SLA response time with our estimated hours for completion. For new projects, we’ll contact you within your SLA response time to schedule an appointment so we can determine your requirements and provide an estimate for your project. Support requests will be placed within the Ratnam Technologies work queue based on the SLA response times you’ve purchased.
MORE on Emergency Support:
**Emergency rates NOT required for Ratnam Technologies hosting emergencies.
Before initiating an emergency, please be aware emergency support requires our staff to respond after hours and postpone existing projects to focus 100% on the emergency situation. Except for Ratnam Technologies hosting outages, initiating emergency support is billed by the hour regardless of fault. Once emergency support is initiated all hours are billed at our emergency rate, unless you re-schedule support for a later date.
Paid Website maintenance can be used for:
Hosting:
Backing up files and databases
Restoring files and database backups
Managing the files and databases on the server (includes freeing up space, deleting old databases, etc.)
Managing domain settings (if registrar credentials are provided)
Managing email settings (includes forwarding options, setting up MX records, setting up new accounts, etc.)
Managing SSL certificates
Configuring a separate development environment (if desired)
Ecommerce Integration:
Adjusting mappings
Troubleshooting integration issues
Additional integration training
X-Cart:
Installing modules
Installing additional skins
Adjusting any X Cart or module configuration
Applying minor version updates (i.e. upgrading from 4.4.4 to 4.4.5, not 4.3 to 4.4)
Updating or adding site content (static pages, product information, company information, personal information, uploading banner images, language variables, etc.)
All troubleshooting and bug investigation. Includes module conflicts and other issues
Fixing any bugs related to Ratnam Technologies modules found after the 30 day guarantee
Fixing any bugs related to Ratnam Technologies custom development found after the 30 day guarantee
Prevention and/or removal of malware and other security threats
Additional X Cart or Ratnam Technologies module training
Any stylesheet changes
Magento:
Installing modules
Installing additional themes
Adjusting any Magento or module configuration
Applying Magento update packages
Updating or adding site content (static pages, product information, company information, personal information, uploading banner images, language variables, etc.)
All troubleshooting and bug investigation
Fixing any bugs related to Ratnam Technologies modules found after the 30 day guarantee
Fixing any bugs related to Ratnam Technologies custom development found after the 30 day guarantee
Prevention and/or removal of malware and other security threats
Additional Magento or Ratnam Technologies module training
Any stylesheet changes
Opencart:
Installing modules
Installing theme
Adjusting any opencart or module configuration
Updating or adding site content (static pages, product information, company information, personal information, uploading banner images, language variables, etc.)
Fixing any bugs related to Ratnam Technologies modules found after the 30 day guarantee
Fixing any bugs related to Ratnam Technologies custom development found after the 30 day guarantee
Any stylesheet changes
Drupal:
Installing modules
Installing additional themes
Adjusting any Drupal or module configuration
Applying minor version updates
Creating additional custom content types
Creating additional custom views
Updating or adding site content (static pages, product information, company information, personal information, uploading banner images, language variables, etc.)
All troubleshooting and bug investigation. Includes module conflicts and other issues
Fixing any bugs related to Ratnam Technologies modules found after the 30 day guarantee
Fixing any bugs related to Ratnam Technologies custom development found after the 30 day guarantee
Prevention and/or removal of malware and other security threats
Additional Drupal or Ratnam Technologies module training
Any stylesheet changes
WordPress:
Installing plugins
Installing additional themes
Adjusting any WordPress or plugin configuration
Applying minor version updates
Updating or adding site content (static pages, product information, company information, personal information, uploading banner images, language variables, etc.)
All troubleshooting and bug investigation
Fixing any bugs related to Ratnam Technologies modules found after the 30 day guarantee. Includes module conflicts and other issues
Fixing any bugs related to Ratnam Technologies custom development found after the 30 day guarantee
Prevention and/or removal of malware and other security threats
Additional WordPress or Ratnam Technologies module training
Any stylesheet changes
Design:
Adding new content (text, images, banners)
Text and image enhancements
Promotional updates
News, offers, and special announcements
Seasonal content updates
Working with a design expert on seasonal font and color changes
Creating promotions, coupons or discounts
Linking social media to your store
Adding new pages to your website
Free Website support & maintenance
We providing 1 year free service for Opencart and other E-commerce web applications. Client must be responsible for web site maintenance and technical aspects.
Free Support & Maintenance:
Installing plugins
Applying minor module version updates
Updating or adding site content (First 25 products free entry)
Basic Troubleshooting and bug investigation
Basic stylesheet changes
Free Website support & maintenance cannot be used for:
Theme Installation.
Website Training.
Website application version updates.
Emergency support, custom features and application development.
Projects that require additional time not covered by the hours in your monthly maintenance plan.
For example, if you have a project that is estimated to take ten hours and you only have two hours left in your website maintenance plan, you can only use two hours. If you wish to move forward with the project, the remaining eight hours will be invoiced separately at your discounted rate.
You cannot spread out a project over multiple months in order to use your website maintenance plan’s hours for a large project. Spreading out projects to be completed in multiple sessions causes inefficiencies and ends up taking our staff longer to complete then originally estimated.
You cannot increase your website maintenance plan temporarily and revert back to a smaller plan in order to get your project completed at a discounted rate.
Website maintenance cannot be used for:
Emergency support, custom features and application development.
Projects that require additional time not covered by the hours in your monthly maintenance plan.
For example, if you have a project that is estimated to take ten hours and you only have two hours left in your website maintenance plan, you can only use two hours. If you wish to move forward with the project, the remaining eight hours will be invoiced separately at your discounted rate.
You cannot spread out a project over multiple months in order to use your website maintenance plan’s hours for a large project. Spreading out projects to be completed in multiple sessions causes inefficiencies and ends up taking our staff longer to complete then originally estimated.
You cannot increase your website maintenance plan temporarily and revert back to a smaller plan in order to get your project completed at a discounted rate.
MORE on monthly and yearly plans
Customers have the ability to increase the monthly hours in their website maintenance plan based on what we determine to be your average hours per/month.
Your maintenance plan’s hours expire at the end of each month or year and cannot be accumulated or saved for future use unless your hours have been pre-purchased. If you have an existing project that exceeds the hours in your website maintenance plan you have the option of paying the difference based on your discounted rate.
Support Center
Please be aware that by posting a request in our support center, you’ll be initiating the use of your website maintenance plan’s. If your website maintenance plan’s have been exhausted for the month, then you’ll be billed at a discounted rate, based on your current website maintenance plan. Only support requests related to rare server outages or basic sales inquiries will be exempt from this rule.
Every support request is billable in half hour increments. If you do not have a website maintenance plan, we will still review your ticket to determine if we should proceed without a scheduled payment.
Support hours used for the month:
Please contact our staff if you would like to know how many support hours you’ve used for a month.
Customer’s Responsibilities
a. Customer is responsible for (i) RMS hardware, (ii) internal operating systems, (iii) internal network setup, (iv) internal network maintenance and (v) setup and use of any internal file access control systems.
b. Customer is responsible for ensuring that its personnel have sufficient training to attain and maintain competence in the operation of the Products.
c. Customer is responsible for ensuring that all support requests are posted to Ratnam Technologies support mails.
Renewal
Website maintenance plans will automatically renew without notice at the updated current rate and subject to the updated current terms unless the customer notifies Ratnam Technologies in writing sixty (60) days in advance to continue a new maintenance contract.
Early Cancellation and Penalties
All Service Cancellations require a 48 hours notice. If you cancel or downgrade your website maintenance plan before the end of your annual agreement, you will be billed for three months of support minus the difference in hours used.
Warranty
The developer (Ratnam Technologies) warrants the services provided based on the scope of work detailed within the Ratnam Technologies support center. The entire risk as to the quality and performance of the web pages and website is with the client. The developer makes no warranty that the website and software is totally error free or that the client will be able to operate the website and software without any problems or interruptions caused by unforeseen problems or untested scenarios. Upon being notified by the developer that work has been completed the client has 10 days to report any bugs directly related to the scope of work reported in the Ratnam Technologies support center and Ratnam Technologies will continue to fix any found bugs for 30 days. The developer will not be responsible for any direct, indirect or consequential damages that may result from the use of its services, including loss of data resulting from delays, non-delivery or interruption in service. In no event will the developer be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate these web pages or website, even if the developer has been advised of the possibility of such damages. You acknowledge and agree that the developer cannot guarantee the absence of service interruptions caused by acts of God or other circumstances beyond our control.
Ratnam Technologies disclaims all other warranties, expressed or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose, with respect to services provided.
Please note that initiating any type of support request will automatically count against your website maintenance plan’s based on your service level agreement. If additional months are needed above your SLA, Ratnam Technologies will attempt to inform you within our support center.
Jurisdiction
These Terms & Conditions shall be interpreted, construed and enforced in accordance with Indian law and shall be subject to the exclusive jurisdiction of the Indian Courts.
