Website Projects

Aiwin Media (Ltd) provides products, software and manpower Services (collectively, hereinafter referred to as SERVICES) subject to any customer’s or buyers (hereafter referred to as CLIENT) acceptance of and compliance with the Terms and Conditions (hereinafter referred to as Terms) and the terms and conditions of the Service Level Assurance Agreement (hereafter referred to as SLA) outlined below:

1. Aiwin Media may provide Client with one or more services, included but not limited to, following: Website Design & Development and affiliated products/services, Digital Marketing, Mobile Application Development, and Support Services. Unless explicitly stated otherwise, any new feature that augments or enhances the Services shall be considered to be part of the Services. Aiwin Media reserves the right to modify, suspend or discontinue the Services (or any part thereof), based on non-cooperation, non-payment, or unwanted delay from client, at any time, without notice. Client expressly agrees that Client, or any related third party, shall not hold Aiwin Media or its suppliers liable for any losses, damages or consequences whatsoever from such modification, suspension or discontinuation of the Services.
2. All estimates/quotes are based on our understanding of your requirements and as per given time-frame. Any changes to the functionality including micro-improvements, may incur additional costs accordingly.
3. By accepting a quote, you agree to and accept the terms and conditions of Aiwin Media. Acceptance can be verbal, by email, payment of Initiation, signing a quote.
4. Clients to ensure that we have included all requirements in the quotes/proposals/estimates and that we fully understand their requirements. Clients must provide us with clear guidelines along with the flow or specific details they may require. When such details are not provided, we will proceed with our understanding of the requirements and quote accordingly. At a later stage, if a discrepancy arises, it may lead to additional costs to accommodate the changes. Thus, it is essential that you clarify every aspect of your website development and ensure that you have been quoted on the right requirements.
5. Any complexity related to specific tasks, must be advised in advance and included in the proposal for costing purposes. We operate in good faith and rely on our clients to disclose the full picture at the time of quotation. Any discrepancy arising due to unclear requirements will not be borne by Aiwin Media.
6. There are limited man-hours allocated to each Project. Minor changes may be included within the allocated hours. This will be analysed on a case-by-case basis.
7. Aiwin Media will make every effort to complete the project/changes in the given timeframe. Reasonable delays are accepted if functionalities are redefined or modified.
8. Any delays at client’s end, may delay the project and proposed timeframes and may incur Aiwin Media Any bugs (programming errors) reported during or just after the development does not attract additional charges.
9. Any re-work on an already completed task will attract additional charges. Any changes in the design after the design approval will incur additional charges.
10. Any modifications requested during the development or after the Go-Live approval will incur additional charges. All additional work, over and above the estimates is charged separately. Under no circumstances will Aiwin Media be liable for any delays caused by change in the project brief.
11. Website/application content and all related materials need to be provided to us by Client. Any delay may delay the project and may incur additional charges if it goes beyond reasonable timeframe.
12. Our websites/applications are generally tested on PCs and include near recent versions of Chrome Browser. If you require testing to be done on any other browser, please let us know in advance.
13. Responsive/multi-device compatible web pages are tested on Android phones. If you require testing to be done on any other device, please discuss it in advance.
14. If your website/application is not hosted on an Aiwin Media server, any additional man-hours that may be required due to any server or network related issues are not covered in our quotes and may be charged separately.
15. Please note that at any stage during the project, stalling of the project for over two calendar months may increase the previously approved estimates. If you require the project to be put on hold, please advise us in writing in advance. To put the project on hold without incurring additional charges, we will need the account to be up to date based on the work done. Further details can be discussed if such a situation arises.
16. Aiwin Media software codes (not including open source software) are copyrights of Aiwin Media. The codes can be handed over at an additional cost for use once all previous invoices are settled, on the condition that the codes are used only for use or modification for re-use for further Aiwin Media circumstance, the codes will be allowed to be used for re-selling or duplication purposes.
17. Aiwin Media CMS is a proprietary CMS of Aiwin Media. Aiwin Media owns copyrights of all codes written for any client, unless arrangements are made prior to start of the project. Aiwin Media warrants a license to use any custom-built software for the client, for their use only. This license is granted while paying for the hosting. Aiwin Media CMS cannot be transferred to any external host; this includes any access to the software codes.
18. The website or software application will be designed to be deployed on the web, via using a commercial grade web-server or a similar setup. Based on your website traffic, the website may not perform if deployed on a generic office network environment.
19. Depending upon the functionalities required, there may be 3rd party components such as Third-Party Payment Gateways or SSL certificates involved in building a website/application. Although Aiwin Media does its best in recognising the suitability of any such component, any unforeseen limitations of 3rd party components are beyond our control. Any third-party component purchase costs (such as SSL, Payment gateway, Google AdWords, Plug-in licenses, images etc,) are not included in our quotes.
20. Aiwin Media takes no responsibility of any open source products such as WordPress, Open Source carts, Joomla etc. It is client’s responsibility to update all components and third-party software. We suggest you take regular back-ups to avoid any disruptions.
21. Aiwin Media offers packages in coordination with third party providers. Changes to the third-party provider’s rules and policies may ultimately effect the services we provide or the terms and conditions herein.
22. The client must recognize that at times there may be unforeseen circumstances that will delay the development process, particularly with reference to the integration of third-party software. We will try our best to complete the project as agreed in the proposal. As long as it is within a reasonable period, the client agrees not to penalize us for any genuine delay, when every effort to keep the project on the proposed schedule is taken.
23. Domain registration/renewal etc charges are not included as a part of any project/proposal unless mentioned otherwise. If required, a quote for which will be submitted separately and approved by the client.
24. Hosting charges are not included in the quotations unless mentioned otherwise. Aiwin Media can organise an appropriate hosting solution if required, a quote for which will be submitted separately and approved by the client. Where clients decide to organise their own hosting, we should be consulted before finalising the type of hosting and database, as it should meet the requirements of the technology used for the development. Please note that we ll require full access with hosting support for testing and deploying the application. Aiwin Media will not be liable for any delays or errors caused by direct or indirect actions of the hosting company.
25. Refund requests will not be entertained once the website designs are approved. Aiwin Media generally builds and tests the websites/applications on our own servers or hosted domains. The completed project after designing and or programming will be presented for checking and approval of the Client on a demo server before hosting on the main web server. Client should check and make sure the functionality of the website/Software before hosting on LIVE server. Any changes required in the design side and or programming side after approval and hosting of the website /software will be charged according to the work volume. The website/application can be transferred-off to a nominated 3rd party server upon full payment of all invoices and dues.
26. Notwithstanding any other provision in the agreement, in consideration of the Customer entering into this agreement with Aiwin Media, upon full payment of any outstanding invoices, Aiwin Media will grant an unconditional license to the Customer to reproduce, publish, communicate, use, exploit, vary, or otherwise deal with 1) the graphics, 2) texts and 3) images used in the published website and associated of form and functionality. This will not include the intellectual property relating to the production of the website including the digital strategies, programming codes, database structures, scripts, forms or functionalities.
27. All communications/correspondences are generally done via emails. It is client’s responsibility to keep us updated with their relevant email addresses.
28. Aiwin Media reserves the sole right to change these Terms & Conditions and Privacy Policy any time.

Web Hosting Services

Acceptable User Policy for Web Hosting Services

By Ordering at Aiwin Media you have to follow & abide by following terms.

1. This Acceptable Use Policy ("Policy") describes the proper and prohibited use of Aiwin Media Shared Web Hosting services ("Services") as subscribed to per the Master Service Agreement. This Policy is designed as a guideline and is not exhaustive as such. The policy can be modified from time to time effective upon posting on Aiwin Media web site.
2. The Services allow you to develop, publish, and display a web site, store data in a database, send and receive e-mail messages, maintain a bulletin board through which you can interact with the Internet users, and send and retrieve various information.
3. Aiwin Media does not monitor or censor the information you make available or collect through the use of the Services with the exception of systems and network resources monitoring. However, Aiwin Media will act upon Policy violations when such are discovered during regular monitoring processes or reported to Aiwin Media. Aiwin Media expects you, and all other users of the Services, to take responsibility in using the Internet with courtesy and responsibility, and be familiar with and to practice good Internet etiquette.
4. As consideration for Aiwin Media provision of Services, you agree to abide by the following provisions relating to the acceptable use of your Aiwin Media account.

Aiwin Media reserves the right in its sole discretion to:

1. Revise this Acceptable Use Policy which shall be posted at Aiwin Media web site.
2. Remove any content for any reason, including but not limited to, your violation of any conditions of this Acceptable Use Policy. Aiwin Media right to remove inappropriate content under this Policy shall not place an obligation on Aiwin Media to monitor or exert editorial control over the content of your account.

You agree not to use or allow access to Aiwin Media services to:

1. Create or maintain software download or distribution sites or sites created for the purpose of mass distribution of software products. A software distribution site is defined as a site on which 50% or more of total bandwidth (data transfer) is used for programs or binary code downloads.
2. Create or maintain sites that generate system errors or exceptions that disrupt server's performance or cause server-wide outages. This includes overriding or avoiding system settings and restrictions imposed by the terms of Services.
3. Create or maintain sites that consume thirty-five percent or more of CPU capacity or use two hundred megabytes of memory, both physical and virtual combined, on the hosting server.
4. Exceed allowed bandwidth by transferring amounts of data greater than allowed by the terms of purchased Service.
5. Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
6. Employ misleading e-mail addresses or falsify information in any part of any communication.