Terms of services
1. Acceptance of Terms
Your access to and use of Esparklight Software Systems website ("the Website") is subject exclusively to these terms and conditions. You will not use the website for any purpose that is unlawful or prohibited by these terms and conditions. If you do not accept these terms and conditions you must immediately stop using the website else it will be termed as your acceptance.
Esparklight Software Systems will carry out work only where a written purchase order is provided by mail.
3. Changes to Website
Esparklight Software Systems reserves the right to:
3.1 Change or remove (temporarily or permanently) the website or any part of it without notice. Esparklight Software Systems shall not be liable to you for any such change or removal.
3.2 Change these terms and conditions at any time, and your continued use of the website following any changes shall be deemed to be your acceptance of such change.
4. Website Design
Though every effort will be made to ensure that the website and any work done by us is free of errors but Esparklight Software Systems cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it. The web server, website, graphics and any programming code remain the property of Esparklight Software Systems until all outstanding accounts are paid in full. Any work done (unless specifically agreed) by Esparklight Software Systems remain the copyright of Esparklight Software Systems and may only be commercially reproduced or resold with the permission of Esparklight Software Systems.
Esparklight Software Systems cannot take responsibility for any copyright infringements caused by materials submitted by the client.
Any additions to the brief will be carried out at the discretion of Esparklight Software Systems and where no charge is made by Esparklight Software Systems for such additions, Esparklight Software Systems accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions.
Esparklight Software Systems will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents.
Esparklight Software Systems will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents.
5. Database, Application and E-Commerce Development
Esparklight Software Systems cannot take responsibility for any losses incurred by the use of any software created for the client. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.
Where applications or sites are developed on servers not provided by Esparklight Software Systems, the client is expected to provide or seek any information, additional software, support or co-operation pertaining to the server required in order for the application to be correctly developed. Where large applications are to be developed, it is the client's responsibility to provide a suitable testing environment which is identical to the final production environment.
The client is expected to test fully any application or programming relating to a site developed by Esparklight Software Systems before being made generally available for use. Where "bugs", errors or other issues are found after the site is live, Esparklight Software Systems will endeavor (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief.
6. Website Hosting
Whilst Esparklight Software Systems offers hosting of websites, no guarantees can be made as to the availability or interruption of this service by Esparklight Software Systems cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service.
Esparklight Software Systems reserves the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial. Fees relating to web hosting or domain names must be paid prior to the expiration date of the said service. If the fees remain unpaid at the time of expiration, Esparklight Software Systems can cancel the said service and not liable for any data lost as a result of the cancellation.
7.1 All copyright, trade marks and all other intellectual property rights in the website and its content (including without limitation the website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to Esparklight Software Systems or otherwise used by Esparklight Software Systems as permitted by law.
7.2 In accessing the website you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the website for personal, non-commercial home use only.
8. Disclaimers and Limitation of Liability
8.1 The Website is provided on an "AS IS" and "AS AVAILABLE" basis. To the extent permitted by law, Esparklight Software Systems will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the website.
8.2 Esparklight Software Systems makes no warranty that the functionality of the website will be uninterrupted or error free, that defects will be corrected or that the website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
If any of these terms and conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such term or condition shall be severed and the remaining terms and conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
10. Payment of Accounts
A deposit may be required from a new client before any work is carried out. In all cases, website hosting fees and any costs incurred by Esparklight Software Systems on behalf of the client are payable in advance and are non-refundable.
It is the Esparklight Software Systems policy that any outstanding accounts for work carried out by Esparklight Software Systems or its affiliates are required to be paid in full, no later than 30 days from the date of the invoice unless by prior arrangement with Esparklight Software Systems. If accounts are not settled or Esparklight Software Systems has not been contacted regarding the delay, access to the related website may be denied. Fees relating to web hosting or domain names must be paid prior to the expiration date of the said service. If the fees remain unpaid at the time of expiration, we will with immediate effect, cancel said service and any data held by said service will be removed.
11. Governing Law
These terms and conditions shall be governed by and construed in accordance with the law of India and you hereby submit to the exclusive jurisdiction of the Indian courts.