TERMS & CONDITIONS:
1.1 CLIENT: The company or individual requesting the services of Catchway Technologies.
- CATCHWAY TECHNOLOGIES: The Primary designer, the partners, their employees or affiliates.
- CONTRACT: The agreement between Catchway Technologies and the client.
- HOSTING: Provisioning of disk space on remote server for storing Website files and databases.
- SERVICES: Design and development, hosting, support and administration provided by Catchway Technologies.
DOMAIN: URL or Website address as specified by the Client.
CONTENT: Images and text used in the website.
The Contract between Catchway Technologies and the Client shall be governed by these Terms & Conditions. Any changes to these Terms & Conditions shall not have any effect unless agreed upon in writing.
Catchway Technologies will carry out work only with a signed written purchase order provided by email. An order is a written contract between Catchway Technologies and the Client.
Email will be the main form of contact by Catchway Technologies. It is the Client’s responsibility to inform us of any changes to their email address. Catchway Technologies will not be held responsible for communication issues that may arise if the client has not provided us with a current and active email address.
Catchway Technologies offers hosting of websites but offers no guarantees to the availability or interruption of this service by us. Catchway Technologies cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service. Catchway Technologies reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial, and also to terminate the hosting service should the necessity arise.
Fees related 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. If a cancelled service is to be reinstated at the Clients request, a setup fee will be payable before any such reinstatement and any data lost as a result of the cancellation will not necessarily be restored.
PAYMENT OF FEES:
9.1 Payment to Catchway Technologies is based on the following schedule. 50 % upon agreement; the balance 50 % after the web pages have been constructed according to the clients original written specifications. Advertising the pages to web search engines occur only after the final payment is made.
- 9.2 Website hosting fees and any costs incurred by Catchway Technologies on behalf of the client are payable in advance and are non-refundable.
REFUND & DISPUTES:
- 10.1. Website Designing: Refund for services related to WEBSITE DESIGNING can be initiated within 48 hours (2 days) after the agreement is signed.
- 10.2. Software Development: Refund for services involving SOFTWARE DEVELOPMENT may be initiated within 4 days from the time of signing the agreement.
- 10.3. Bulk SMS and Domain Registration: Refund for services related to BULK SMS may be initiated within 48 hours and refunds for services related to DOMAIN REGISTRATION may be initiated strictly within 12 hours from the time of signing the Agreement. Catchway Technologies has no obligation to offer SMS services or promotional SMS services to customers.
All such refunds shall be processed at the discretion of Catchway Technologies after deducting money for the amount of work carried out until such period.
Any outstanding accounts for which work was carried out by Catchway Technologies 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 Catchway Technologies. If accounts are not settled or Catchway Technologies have not been contacted regarding the delay, access to the related website may be denied.
Catchway Technologies reserves the right to request full payment before the release of files, design, domain names or hosting services.
REFUSAL TO SERVICE:
Catchway Technologies reserves the right to refuse services to anyone for any reason. This policy is enforced to ensure a professional and secure environment for all customers on our systems.
ERRORS & OMMISSIONS:
Catchway Technologies will use good faith to ensure pages authored by us are free of errors however, Catchway Technologies may not be held responsible for any errors that may arise for authoring any pages. It is the client’s responsibility to proof their own pages for errors and inform Catchway Technologies of those along with any changes in layout requested by the client. This process must begin immediately after the pages are posted to the web host for the client to view. Catchway Technologies will correct minor text changes at no charge for 30 days from the date the site is posted to the web hosts’ server. After 30 days, changes will be charged on a per instance basis.
Catchway Technologies reserves the right to restrict/suspend display of web pages on the Internet until final payment is made.
Catchway Technologies will attempt to contact a client after 2 weeks if no contact has been made by the client after an order is made. Catchway Technologies will make 3 attempts to contact the client on registered email and 3 contact attempts via the client’s registered telephone address. If no contact has been made for 28 days and after Catchway Technologies has made 6 reasonable contact attempts the design and development will be deemed suspended and Catchway Technologies shall invoice the client for work up to and including web design and development suspension based on their discretion.
SERVICES & CONTENT:
- 14.1 Catchway Technologies cannot be held responsible for anything adversely affecting business operation, sales or profitability of the client’s business which may occur as a direct or indirect result of the services offered by Catchway Technologies.
- 14.2 Catchway Technologies owns all code and design and until the client has made payment in full. Images used on the website provided by the client are the client’s sole responsibility with regards to its usage and copyrights. Should any claims or legal issues arise from the content or copyright of the images on the website they will be the sole responsibility of the client. Catchway Technologies will not provide guarantee for any website data backup or Database data backup.
15. EXCLUSIVE COPY RIGHTS OVER CONTENT:
Catchway Technologies may repeat the usage of the content (Images and text) for different clients unless client asks for exclusivity. Client may have exclusive copyright over the content used for their website by paying the exclusive copyright fees suggested by Catchway Technologies.
16. DOMAIN RENEWAL:
It is the client’s responsibility to authorize domain renewal. Catchway Technologies will contact the client 10 days prior to domain expiry and present invoice for the domain individually or as part of additional service packages. Failure to respond will cause the domain to expire and the website will not be accessible. Catchway Technologies is not responsible for the re-purchase of a domain and as such the domain may or may not be available if allowed to expire.
17. FOOTER IMAGE:
Client agrees to allow Catchway Technologies to include a small footer image on the website linking to www.catchway.com unless explicitly objected.
18. COPYRIGHTS & TRADEMARKS:
The client represents to Catchway Technologies and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Catchway Technologies for inclusion in Web pages are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend Catchway Technologies and its subcontractors from any legal claim or suit arising from the use of such elements furnished by the client.
19. COPYRIGHT TO WEB PAGES:
While the website is in development, Catchway Technologies owns the Copyright to all pages. Once the website is completed and client has paid the pending invoice, the copyrights are transferred to client. The only clause is that Catchway Technologies does not permit client to resell this work without consulting Catchway Technologies first.
20. LEGAL CLAIMS:
Catchway Technologies does not endorse any images, text or content supplied by the client. In the event of claims or legal action regarding the website content it is the client’s sole responsibility.
21. HARASSMENT POLICY:
Catchway Technologies enforces a harassment policy. In the event of abuse by the client for any reasons, Catchway Technologies holds the right to cancel the contract and charge the client for website design and development up to and including the date of cancellation at a price as decided by Catchway Technologies based on the amount of effort spent and work completed till date.
22. AUTHORIZATION: (applicable when hosting is not on Catchway leased Servers)
The client is engaging Catchway Technologies as an independent contractor for the specific project of developing and/or improving a website to be installed on the clients web space on an Internet Service Providers computer. The client hereby authorizes Catchway Technologies to access this account, and authorizes the Internet Service Provider to allow Catchway Technologies with "written permission" for the clients web page directory, cgi-bin directory, and any other directories or programs which need to be accessed for this project. The client also authorizes Catchway Technologies to submit their completed website to Web search engines.
23. CHANGES TO SUBMITTED TEXT:
Time required to make substantive changes to client-submitted text after the Web pages have been constructed will be charged additionally, billed at a per instance basis unless client has signed up for the website maintenance package.
Either party may cancel this agreement upon written notification, however charges incurred to the date of receipt of notification shall be immediately due and payable. Charges shall be for any work in progress, contracted services fees, or software purchases for the purpose to suit the client’s needs. 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. If a cancelled service is to be reinstated at the clients request, a setup fee will be payable before any such reinstatement and any data lost as a result of the cancellation will not necessarily be restored.
25. LEGAL NOTICE:
Notwithstanding anything to the contrary contained in this contract, neither Catchway Technologies nor any of its employees or agents warrants that the functions contained in this web design project will be uninterrupted or error-free. The entire risk as to the quality and performance of this web design project is with the Client. In no event will Catchway Technologies be liable to the Client or any third party for any damages, including, but not limited to, service interruptions caused by Acts of God, the Hosting Service or any other circumstances beyond our reasonable control, any lost profits, lost savings or other incidental, consequential, punitive, or special damages arising out of the operation of or inability to operate this web design project, failure of any service provider, of any telecommunications carrier, of the internet backbone, of any internet servers, you or your site visitors computer or internet software, even if Catchway Technologies has been advised of the possibility of such damages.
26. COMPLETION DATE:
Catchway Technologies and the client must work together to complete the website in a timely manner. If the client does not supply Catchway Technologies complete text and graphics content on all web pages contracted for, within four weeks starting from the date of service contract, the entire amount of the contract becomes due and payable. If the client has not submitted complete text and graphics content within one month after signing of this contract, an additional continuation fee of 10% of the total contract price will also be assessed each month until the website is advertised.
27. DISCLOSURE TO LAW ENFORCEMENT:
If Catchway Technologies are required by law to disclose certain information to local, state, federal, national or international government or law enforcement authorities, we will do so. If we receive a subpoena requesting a Client’s information, we will immediately notify the Client of the subpoena in a timely manner to provide the Client with an opportunity to take legal action to oppose the subpoena should the Client wish to do so.
Client acknowledges that the service provided is of such a nature that the service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, Client agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Client further acknowledges that the companys liability for its own negligence may not in any event exceed an amount equivalent to charges payable by Client for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.
29. SPAM AND UNSOLICITED COMMERCIAL EMAIL (UCE)
Catchway Technologies takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. This means that clients of Catchway Technologies may not use or permit others to use our network to transact in UCE. Clients of Catchway Technologies may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service and/or fines.
30. IP ADDRESS OWNERSHIP:
If Catchway Technologies assigns the customer an Internet Protocol address for Customers use, the right to use that Internet Protocol address shall belong only to Catchway Technologies, and Customer shall have no right to use that Internet Protocol address except as permitted by Catchway Technologies in its sole discretion in connection with the Services, during the term of this agreement. Catchway Technologies shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by Catchway Technologies, and Catchway Technologies reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting.
31. BANDWIDTH USAGE:
Customer agrees that the bandwidth which exceeds the fair usage limit for a month will be charged an "overage" to allow the internet users access the client’s website and the over usage would be billed as per the rates detailed on the Catchway Technologies website. Catchway Technologies will monitor customers bandwidth. Catchway Technologies shall have the right to take corrective action if customers bandwidth is excessive and interrupts service for other customers. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken in Catchway Technologies’ sole and absolute discretion. If Catchway Technologies takes any corrective action under this section; Customer shall not be entitled to a refund of any fees paid in advance, prior to such action. In the event that a customer exceeds the included allocation, Catchway Technologies may, at its sole discretion, collect a deposit, in an amount determined by Catchway Technologies.
32. SUSPENSION OF SERVICE:
Catchway Technologies reserves the right to suspend network access to any customer if in the judgment of the Catchway Technologies network administrators the customers server is the source or target of the violation of any of the other terms of this agreement or for any other reason which Catchway Technologies chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customers accounts/machines were suspended.
Catchway Technologies reserves the right to amend its policies at any time. All Sub-Networks, resellers and managed servers of Catchway Technologies must adhere to the above policies. Failure to follow any of the terms or conditions will be grounds for immediate cancellation. You will be held responsible for the actions of your clients in the matter described on these Terms and conditions. Therefore, it is in your best interest to implement a similar or stricter terms and conditions policy on your site.
34. GOVERNING LAW AND VENUE:
- 38.1 Each party’s rights and obligations under or in connection with this Agreement shall be governed by the laws of the State of Andhra Pradesh.
- 38.2 The parties shall attempt amicably to resolve any controversy, dispute or difference arising out of this Agreement, including Arbitration, failing which either party may initiate litigation only in Visakhapatnam District Court of Andhra Pradesh.