This TERMS OF SERVICE (TOS) is by TROPPUS Web Services (TROPPUS), for providing website maintenance services to its registered users here inafter referred to as “client”.
A client who has a website, and who has willingly decided to avail our maintenance service and who has filled the registration form on our website www.troppusweb.com, completely as per the requirement and who has paid the initial maintenance fee and who has got the user name and password from TROPPUS
All those tasks whose values are mentioned/not-mentioned in price list provided on the website, and are mentioned as request for a quote.
The tasks which has been completed on the request of the client, for which the scope of work had been discussed and documented and approved by the client, and based on the approved scope of work the work was completed and which is sent for client’s approval.
All those features which includes working with PHP, MY SQL, Ajax, ASP, .NET, MS SQL, MS ACCESS, DHTML, JAVA Script, JAVA, Frameworks etc. used for developing dynamic pages. Programming does not mean works which has been done using HTML & CSS.
The number of hours/days taken to complete a requested task
As mentioned and elaborated in Point 8.
As mentioned and elaborated in Point 8.
i) If the client does not want to continue to avail TROPPUS services, then the client could just cancel your order by sending us a mail and the client would not be billed again.
ii) Since our services are web based and it is digital in nature we do not entertain any refund / money back request from our clients. Hope you'll understand it.
i) If an advance was collected for the task, we will also issue a 100% refund for the advance collected, within 45 working days from the intimation.
i) However the user name & password could be the same.
i) TROPPUS agrees to settle any dues, if any, on termination of the contract as per our refund policy.
i) TROPPUS reserves the right to re-do the entire code if necessary, after discussions with the client.
ii) All charges towards re-doing the code(s) would be borne by the client.
i) As all the text inputs are the responsibility of the client, TROPPUS shall not be responsible for any spelling or grammatical errors in the contents of the website.
To avoid any mis-communication all instructions from the Client shall open “task tickets” for the work requested.
ii) All communications or chat would be based on the ticket number of the ticket opened.
TROPPUS shall have the right to reject any other form of communications(eg. emails, telephonic or personal visit), for work instructions.
iii) The client would nominate an authorized representative who would interact with TROPPUS for the maintenance. .
iv) TROPPUS reserves the right to reject any instructions from any other person.
i) assess the task
ii) estimate the time required for completion of task requested
iii) seek client approval for the time required.
iv) TROPPUS would complete the task only on receipt of the payment for the approved task completion timeframe.
i) Completed Tasks would be uploaded on to a test site and approval from the client side.
ii) Messages sent for approvals would be through the associated tickets only.
iii) Only TWO corrections/changes would be allowed once the task is uploaded on to the test site. TROPPUS would treat all other corrections as an update and charge accordingly.
All corrections/changes made after the task is put on the main site, would be treated as a new update only.
iv) TROPPUS would upload the data to the main site only after receiving the approval ticket.
The client agrees to approve the job within 48 hrs of getting email from TROPPUS failing which, TROPPUS reserves the right to judge the task as completed and raise the invoice.
i) All uploading of completed task would be done from TROPPUS office only.
ii) All uploading of completed task would be done only during working hours of TROPPUS.
i) “Features” means all those applications developed using PHP, ASP, .net, Java etc. It also involves those databases developed using MySQL, MS Access, MS SQL, Oracle etc..
ii) “Bugs” means those errors due to which the application does not function or stops working. The corrections of these errors would be done free of cost, under the maintenance plan.
iii) “Changes” are those where there is a change in the logic to the application developed. These would be charged as per the rate card.
iv) “Feature upgradation” would mean an enhancement to the existing application developed. These also would be charged as extra at all times irrespective of the maintenance period.
i) All features developed at TROPPUS would carry a free maintenance of 45 days for any bugs reported.
ii) All features after the 45 days free maintenance period would be charged on @18% of the project total value, per annum, as its maintenance cost.
iii) All features developed by TROPPUS would be supported for a period of 3 years from the start of the first AMC. After which TROPPUS will not be in a position to support it.
iv) The features developed by TROPPUS would only be on the framework developed by TROPPUS.
This framework and associated utilities are proprietary to TROPPUS and would only be licensed to the Client.
No source code of the framework would be given to the client.
Any customization would be done around this framework.
i) The client would provide the source code and documentation for the features to be maintained.
ii) TROPPUS would not guarantee that the features can be maintained by it.
iii) If required TROPPUS would reject the feature and develop a fresh after obtaining written permission from the client.
iv) Before the maintenance of the feature TROPPUS does not take the responsibility of the proper functioning of the code.
i) The client would ensure to provide TROPPUS with all the detail of the domain & hosting such as domain Name user name & Password
Under no circumstances what so ever would TROPPUS be held responsible for the expiry of the domain not registered by TROPPUS (third party domain registration)
If required, TROPPUS would shift the domain & hosting from the third party to TROPPUS authorized registrars & hosting providers, after a written approval by the client.
If the domain has expired prior to the date of requisition to TROPPUS, TROPPUS reserves the right to refuse the renewal of the domain.
ii) Bandwidth Usage: The Client would be allocated a monthly bandwidth allowance.
This allowance varies depending on the hosting package the client purchases.
Should the client’s account pass the allocated amount we reserve the right to:
1. suspend the account until the start of the next allocation,
2. suspend the account until more bandwidth is purchased at an additional fee,
3. suspend the account until the client upgrade to a higher level of package,
4. terminate the account and/or charge the client an additional fee for the overages.
Unused transfer usage cannot be carried over.
All backups would be the client’s responsibility. done by the client.
1. TROPPUS would assist in backup if the client requests so.
2. TROPPUS would not be responsible, under any circumstances, for any loss of data in the database.
i) “Features” means all those applications developed using PHP, ASP, .net, Java etc. It also involves those databases developed using MySQL, MS Access, MS SQL, Oracle etc..
ii) “Bugs” means those errors due to which the application does not function or stops working. The corrections of these errors would be done free of cost, under the maintenance plan.
iii) “Changes” are those where there is a change in the logic to the application developed. These would be charged as per the rate card.
iv) “Feature upgradation” would mean an enhancement to the existing application developed. These also would be charged as extra at all times irrespective of the maintenance period.
TROPPUS would not accept any adult site, pornographic sites or such sites which depicts or causes harm to mankind, for maintenance.
Potential harm to minors is strictly forbidden, including child pornography or content perceived to be child pornography (Lolita):
i) Any site found to host child pornography or linking to child pornography will be suspended immediately without notice
ii) Violations will be reported to the appropriate law enforcement agency
Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via trouble ticket/email and will have a response within 48 hours.
If you fail to meet any of the above requirements, the order may be considered fraudulent in nature and could be denied.
Zero Tolerance Spam Policy
i) TROPPUS takes zero tolerance stance to sending of unsolicited e-mail, bulk emailing, and spam from all its servers.
ii) Any Client/user who sends out spam mails using TROPPUS server, TROPPUS would terminate the client account terminated without any notice.
iii) Sites advertised/certified via SPAM (Spam vertised) may not be hosted on our servers.
iv) Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.
v) TROPPUS reserves the right to change or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.
vi) TROPPUS reserves the right to charge the holder of the account (client) used to send any unsolicited e-mail a clean up fee.
vii) This cost of the clean up fee is entirely at the discretion of TROPPUS.
v) Backups and Data Loss
The use of TROPPUS service is at the client’s sole risk.
The use of TROPPUS service is at the client’s sole risk.
TROPPUS is not responsible for files and/or data residing on the client’s account.
TROPPUS would assist in taking the backup of the data on the server at a cost decided by TROPPUS
The Client agrees to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on TROPPUS servers.
vi) Email maintenance service
All requests for email creation/deletion should be sent by ticket only
TROPPUS would not be responsible for the contents of the mail box
Sending emails per domain would be as per the discretion of the hosting server.
i) The client needs to clarify with TROPPUS as to how many emails can be send without disturbing other clients in the shared hosting
Any mailing list larger than 5,000 will require a semi dedicated or dedicated hosting solution and the client should change hosting server accordingly
Any unsolicited e-mail being sent will result in termination of the offending account. TROPPUS takes a zero tolerance stance against sending of unsolicited e-mail.
Off peak times qualify as all Saturday and Sunday and between 1am to 8am on all days.
All uptimes are at the sole discretion of the hosting servers uptime guarantee
i) All other time would be termed as “Emergency Working Hours”.
i) “General Holidays” would be as per the holiday list provided on our website.
ii) Besides TROPPUS would remain closed on all those days when some unforeseen incidents take place such as natural calamities, public disturbances/bandhs and agitations, deaths and other government declared holidays
i) All uptimes are at the sole discretion of the hosting servers uptime guarantee
i) any injury to person or property caused by any products sold or otherwise distributed in connection with TROPPUS;
ii) any material supplied by client infringing or allegedly infringing on the proprietary rights of a third party;
iii) copyright infringement and
iv) any defective products sold to clients from TROPPUS's server.