Any disagreement or issues relating to the terms and conditions, or those which are out of the scope of terms mentioned here will have our full cooperation for being resolved amicably. If Earnlytical and the client are not able to reach a conclusion within 30days of when the dispute/issue first arose, Earnlytical will have the right to take legal action against the client in the court of law. The settlement will be governed by the rules of India and is subject to the decision taken by the jurisdiction of India.
GENERAL TERMS and conditions of working with Earnlytical
Earnlytical will not be liable for infringement of copyrights, for any material that is provided by the client and we reserve the right to ask the client for a valid proof of ownership or purchase of copyright on the client’s end, to ensure no material is used without the actual owner’s permission.
Earnlytical does not partake in any activity that may harm the society or anyone in general, if any illegal or illicit activity is being conducted or planned to be conducted by the software/website/application created, or by using our services, legal action can be taken against the client, and it will in no way hold Earnlytical liable.
All work taken by Earnlytical will thoroughly be analyzed by lawyers, if anything turns out to be illegal within the project scope, Earnlytical will not proceed further, and if needed, notify the law authorities of India and the client’s country.
Earnlytical is only liable to services mentioned in the contract, tasks like marketing, the content of the website, etc. are supposed to be taken care of by the client, unless specified or mentioned explicitly in the contract. Earnlytical will not be liable to modify/improve/edit the content and/or images, graphics, and/or any other elements/components provided by the client if they were not made according to specifications provided by Earnlytical’s developers. It is the sole responsibility of the client to get the content and any such elements made according to the viability of the software/website/application.
Any malfunctions or bugs that arise due to modification in source code on the client’s end will be treated as an infringement of maintenance and support warranty that Earnlytical provides with all their projects. Rectifying such errors will lead to an extra charge and will be discussed at the time they occur. The client cannot, in any possible way, hold Earnlytical responsible for any such events.
Earnlytical accepts payments via Credit/Debit Cards, Bank Wire transfer, PayPal, or Cheque, but any payment option can be denied in case of unavailability and feasibility. If the client pays by a method that would get credited in Earnlytical account at a later date, the work will be on hold as per the policy and would be resumed only after reflection of payment in Earnlytical account.
Earnlytical holds no liability of project completion timelines in circumstances when payment is delayed from the client’s end. The payments will be required in advance for the start of work on the project, if the payment in any circumstance gets delayed by more than 30 days from the due date, Earnlytical can take legal action against the client in the court of law of India or US.
If the client does not want the project to be continued further, they will be bound to pay a cancellation fee, for recovering losses that occurred to Earnlytical in any way or form. If no conclusion is drawn within30 days of last payment due date, Earnlytical can sell components of the project or use them at their own discretion, to recover time and money spent on building the project, this will also immediately mark the termination of the contract between Earnlytical and the client.
SUPPORT AND THIRD PARTY APPLICATIONS
If Earnlytical needs to integrate any 3rd-party applications or APIs to the client’s application or website, that 3rd party application or API will be purchased and provided by the client. Full liability and problem resolving of the third party application will be by the client, Earnlytical holds no liability of project delay or malfunctions caused by and future modifications or changes to the 3rd party application.
Earnlytical may not provide warranty or support to projects with third-party applications integrated. Earnlytical provides 1-month free support for the work that is undertaken for all of their clients. After 1 month, the client has the option to opt for a monthly paid maintenance pack or other suitable plans, which are to be discusses prior to commencement of the project.
Any issues or bugs that arise in the solution Earnlytical creates will be resolved on top priority. The maintenance and service package that Earnlytical provides starts immediately after the date of delivery and will go on until 30 days after the solution has been deployed on the client’s server. The warranty will be limited to work done only and only by Earnlytical, and changes in the code or modifications of any kind to the solution, will result in a warranty void situation.
Depending on the client’s choice of payment scheme, the project delivery may be affected; it will all be put in the contract provided by Earnlytical to the client. Under any circumstance, the final project will only be delivered after full and final payment settlement, without any exceptions.
Earnlytical will do everything which is foreseeable to keep the project timelines in check, and if possible, even deliver the project earlier than promised. But in the case of circumstances arising which are beyond Earnlytical’s control, including but not limited to emergencies of their own employees, the project timeline may be pushed a bit to accommodate for it.
If the project delay comes from the client’s end, Earnlytical might require extra payments to break even for paying the employees working dedicatedly on the said client’s project. Everything will be more clearly specified depending on the type of the project and will be a part of the contract shared by Earnlytical before beginning work on the project.
Earnlytical will fully realize the requirements of an NDA if signed before the beginning of the project. The agreement will only be honored and in effect, if it is explicitly mentioned in the contract, the clients must let Earnlytical know well in advance if they are looking forward to an NDA. The complete team working on the project would ensure they abide by the NDA; however, Earnlytical does not take any responsibility if anyone related to the client causes a leak of information.