Terms & Conditions / Policies

Terms, Conditions & Policies

General Terms
1. Terms and Conditions

All the cost estimates provided for projects are valid for defined time period of 5 days from the date at which it is issued. Once the cost estimate is approved, agreed and signed by the client, 10 Dumbs Inc. will initiate the work only as per the defined scope of work document provided to the client before initiating the work. The quotations are provided on the basis of requirements and scope of work confirmed by the client. Any additions to it are not considered and extra cost is to be paid for additions in scope of work. Only once the project fee is paid in full to 10 Dumbs Inc., any elements of text, graphics, photos, Contents, trademarks, or other artwork furnished to Client for the inclusion in website are owned by Client in pretext that they are provided by the client.
For small changes like text corrections (340 words maximum) & image changes (4 in total) we will be doing FREE of cost within 15 days of project submission. After 15 days completion we will propose for AMC (Annual Maintenance Contract) which will be applicable for changes & maintenance. It will be a yearly contract & should be renewed every year. Charges for AMC will be conveyed on request. After 15 days of project submission, client cannot demand for any further revisions. Extra charges are applicable for any such requests after that. In case if we receive no communication or responses from the client in 10 days time period during the project, we will consider the project as completed and no further work will be done.
We assume that the client holds permission from the rightful owner to use any images or design elements that are provided by client for inclusion in the website or any other service provided by us, and will hold harmless, protect, and defend 10 Dumbs Inc from any claim or suit arising from the use of such elements. The project code & website will only be handed over to the Client once the complete payment is received.
Payments for website design & development projects are made to us in increments as a courtesy to the client. Once a payment or deposit is made, it is non-refundable. If a project is cancelled or postponed, all monies paid are retained by 10 Dumbs Inc. and if applicable, a fee for all work completed beyond what was already paid for shall be paid by the client. Changes to any terms, conditions or policies can be done by 10 Dumbs Inc. without prior notice.


2. Next Steps

To proceed with the project, Client is required to take the following steps: Accept the proposal "as is" or discuss desired changes. Please note that changes to the scope of the project can be made at any time, but additional charges may apply. Client is required to inform in writing about such additions. 10 Dumbs Inc. will respond with additional cost estimate and timeline. Only once approved by the client, 10 Dumbs Inc. will initiate the work.


Search Engine Optimization, Internet Marketing and Social Media Optimization

Payments for Search Engine Optimization, Internet Marketing and Social Media Optimization services are nonrefundable, and 10 Dumbs Inc. does not issue prorated refunds for fees paid in advance. Once a payment or deposit is made, it is non-refundable as they are consumed for allocation of the resources for the said project by 10 Dumbs Inc. All Setup fees are nonrefundable as it is applied to costs immediately incurred by 10 Dumbs Inc in initiating the services.


Website Hosting

Payments for past months of web hosting are non-refundable. Hosting accounts are set up at the time of order and are allotted a specific amount of server resources, according to the plan purchased. If client did not make use of the account, payment for services is still due. Hosting accounts are not canceled until notice is received from the client in writing, or until 15 days after the due date of payment not received. 10 Dumbs Inc reserves the right to disable and/or terminate a user’s account if a user is found in violation of the terms. Accounts terminated due to policy violations will not be refunded. Neither the paid payment for obtaining the service will be refunded as they are paid for allocating the required service.


Project terms

• 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, will incur additional costs accordingly. Please ensure and clarify our understanding in a face to face meeting.
• By accepting a quote, you agree to and accept the terms and conditions of 10 Dumbs Inc. Client should sign the scope of work document and agreed quotation/estimate as provided by 10 Dumbs Inc. If the client does not sign the said documents within 2 days of initiating the work by 10 Dumbs Inc, 10 Dumbs Inc. will assume that all quotes/estimates and scope of work are agreed by the client upon making the advance payment to 10 Dumbs Inc as confirmation of project.
• 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.
• 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 10 Dumbs Inc.
• There are limited man-hours allocated to each task including Project Management and Digital Strategist/Business Analyst. Minor changes may be included within the allocated hours. This will be analysed on a case-by-case basis.
• 10 Dumbs Inc. will make every effort to complete the project/changes in the given timeframe. Reasonable delays are accepted if functionalities are redefined or modified.
• Any delays at client’s end, may delay the project and proposed timeframes and may incur additional costs.
• Any bugs (programming errors) reported during or just after the development within 15 days does not attract additional charges. They will be analyzed by 10 Dumbs Inc and will be matched with scope of work to accommodate them at priority.
• Any re-work on an already completed task or any changes in the design after the design approval or any modifications requested during the development or after the Go-Live approval will attract additional charges.
• All additional work, over and above the estimates are charged separately. Under no circumstances will 10 Dumbs Inc. be liable for any delays caused by changes in the project brief.
• Website/application content and all related materials need to be provided to us within the first week of starting the project. Any delays thereafter may delay the project and may incur additional charges if it goes beyond reasonable timeframe.
• Our websites/applications are generally tested on PCs and included near recent versions of following browsers: Firefox, Chrome & Safari. Internet Explorer is not included as part of cross browser testing as it may not support recent versions & technologies. If you require testing to be done on any other browser, please let us know in advance.
• Responsive/multi-device compatible web pages are tested on specific iPhone and iPads. We use simulators in case of handset unavailability which is considered to be the valid medium. If you require testing to be done on any other device, please discuss it in advance.
• If your website/application is not hosted on a 10 Dumbs Inc. 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.
• Please note that at any stage during the project, stalling of the project for over one calendar month will incur Rs.850/hour administration costs. Furthermore, it 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.
• 10 Dumbs Inc. software codes (not including open source software) are copyrights of 10 Dumbs Inc. 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 development for the specified client or subsequent owners of that legal entity. Under no circumstance, the codes will be allowed to be used for re-selling or duplication purposes.
• 10 Dumbs Inc. CMS is a proprietary CMS of 10 Dumbs Inc. 10 Dumbs Inc. owns the copyrights of all codes written for any client, unless arrangements are made prior to start of the project. 10 Dumbs Inc. 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. 10 Dumbs Inc. CMS cannot be transferred to any external host; this includes any access to the software codes.
• 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.
• 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 10 Dumbs Inc. 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 etc) are not included in our quotes.
• 10 Dumbs Inc. takes no responsibility of any open source products such as WordPress, Open Source ecommerce platforms, Joomla etc. It is the clients responsibility to update all components and third party softwares. We suggest you to take regular back-ups to avoid any disruption or opt for AMC.
• 10 Dumbs Inc. offer packages in coordination with third party providers. Changes to the third party provider’s rules and policies may ultimately affect the services we provide or the terms and conditions herein.
• 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.
• 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.
• Hosting charges are not included in the quotations unless mentioned otherwise. 10 Dumbs Inc. 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. 10 Dumbs Inc. will not be liable for any delays or errors caused by direct or indirect actions of the hosting company.
• 10 Dumbs Inc. generally builds and tests the websites/applications on our own servers or hosted domains. 10 Dumbs Inc. cannot give access to their test servers and test websites to the clients or any third party. The website/application can be transferred-off to a nominated 3rd party server upon full payment of all invoices and dues.
• Notwithstanding any other provision in the agreement, in consideration of the Customer entering into this agreement with 10 Dumbs Inc., upon full payment of any outstanding invoices, 10 Dumbs Inc. 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.
• In case of disputes, 10 Dumbs Inc have complete right to Deny the service & may discontinue work. All the court matters are to be addressed within Mumbai jurisdiction/court only.
• All communications/correspondences are generally done via emails. It is client’s responsibility to keep us updated with their relevant email addresses.


Digital Marketing Package or Digital Strategy Package Terms

They are billed monthly and are payable by the 1st of every month.
Packages are designed with keeping in mind Digital Marketing/Strategy requirements of our clients. There are specific man-hours allocated each month and any unused man-hours are not rolled over to the next month. No third party software or marketing expenses are included.
10 Dumbs Inc. employs fair use policy, which means that although we don’t formally transfer over any unused time to the next month or formally accumulate unused man-hours, we do understand that your needs may change from month to month, and we allow flexibility in good faith sometimes.
Any extra hours used may be billed separately. Any urgent tasks will be charged separately.
Support requests need to be sent via email to support@10dumbs.com
Payment terms:
Payable by the 1st of every month. We strongly recommend our clients to have a direct debit set-up for the same.
An administrative fee of Rs.5000 will be charged to the clients account for any late payments or declined credit card charges.
There are absolutely no refunds for any fees related to the digital marketing/strategy package.
Termination:
All digital marketing/strategy packages are for a minimum of 6 months period. Thereafter, cancel anytime with clear one month email notice.
10 Dumbs Inc. reserves the right to terminate at anytime with written notice to the Client.


Basic Annual Maintenance Package Terms

All maintenance packages are for a minimum of 12 months period.
Maintenance packages are billed annually, however are paid monthly via direct debit on the 1st of every month.
Packages may include 12 months basic website hosting, email hosting and DNS hosting.
Packages are designed to serve website maintenance tasks only. The hours may not be used for projects such as full redesign or major functionality add-ons.
Does-not include any Digital Strategy, Business Analysis, Solution Architect, SEO and Digital Marketing work.
Work-hours are tracked in 15minutes blocks. The support time is used once every month to take a full backup of your website. After that, we work on updating your CMS and plugin versions along-with any website fixes that may arise as a result of the updates. Any remaining hours can be used to make changes to the website. Any additional work hours are requested for your approval.
Any extra hours used will be billed separately @ Rs/850/hour incl GST.
Support requests need to be sent via email to support@10dumbs.com
Any urgent tasks will be charged separately.
The package is auto renewed every year on its renewal date.
Payment terms:
Monthly maintenance package fees to be paid by cheque or NEFT/IMPS. No other forms of payment will be accepted for monthly maintenance.
More than three missed payments in a year may attract termination of the package and the client will need to pay immediately the entire remaining amount on the package.
There are absolutely no refunds for any fees related to the monthly maintenance package.
Termination:
In case Client need to cancel the auto annual renewal, please inform us in writing (email) at least one month prior to the renewal date.
Ongoing term: For any reason if the Client decides to terminate an on-going maintenance package then they will need to pay the balance amount of the remaining months.


Disputes, Liability and Indemnity

In an event of a dispute, 10 Dumbs Inc. reserves the right to charge the client in full for the work done as well as for the resources spent in managing the dispute. In such an event, 10 Dumbs Inc. reserves the right to charge the client without honoring any discounts that were previously honored in good faith. Under no circumstances will 10 Dumbs Inc. be liable for any damages arising from misrepresentation or misinformation.
10 Dumbs Inc. reserves the right to refuse service to any client, if these are not aligned with our business operating principles and policies.
10 Dumbs Inc. provides its services as is, without any guarantees on security or other issues leading to loss of data, sale or reputation. We ensure to the best of our ability that our systems and servers are protected from hackers, viruses, intruders and other online and offline problems, however we will not be held liable for any disruption of services if such a situation arises.
Relationship of 10 Dumbs Inc. with its suppliers, partners and subcontractors is of an independent nature. None of the parties have any power, right or authority to interfere or bind the other or assume or create any obligation or responsibility, whether expressed or implied, on behalf of the other or in the other’s name.
Client will indemnify and hold 10 Dumbs Inc., its licensors, content providers, service providers, employees, agents, officers, directors, contractors and subcontractors (the “Indemnified Parties”) harmless from breach of any of these Terms And Conditions or any other terms, conditions, policies or procedures herein, including, without limitation, any use of content other than as expressly authorized in these Terms and Conditions. Client agrees that the indemnified parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify and hold harmless the Indemnified Parties from any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information obtained from 10 Dumbs Inc..
10 Dumbs Inc. will not be liable for any breach of the agreement which is caused by a matter beyond its reasonable control including but not limited to Act of God, fire, lightning, explosion, war, disorder, flood, earthquake, industrial disputes (whether or not involving their employees), extremely severe weather, or acts of local or central government or other competent authorities.


Payment

• All prices are quoted in Indian Rupees inclusive of GST unless specified.
• All invoices are to be processed as per the schedule via your preferred method of payment.
• Milestone payments must be made within 5 working days of each milestone/schedule, unless mutually agreed otherwise. Final payment must be made prior to website/application/project going live.
• Receipt of payment is deemed as acceptance of the quote, milestone, delivery, project and terms & conditions.
• For minor or once-off works, payments need to be made either in advance or as per the terms mentioned in the invoice/proposal. If you require any changes to the terms, you must inform us in writing (emails accepted) within two working days of the receipt of the same.
Due date: Is the date on which the payment is due as per the terms on the invoice/proposal
Outstanding Invoice: An invoice is deemed to be outstanding if the payment is still due after 14 days of the expiry of the due date.
• If you are late with a payment or have any queries regarding the Invoice, please contact Accounts Manager immediately on receiving the invoice or reminder emails.
• All communications/correspondences are generally done via emails. It is client’s responsibility to keep us updated with their relevant email addresses.
• Any payment relating to the domain name registration renewal or hosting or any 3rd party products or services purchased on behalf of the client will have to be paid in full and is non-refundable. In case of all renewal cancellations, we must be notified at least 30 days before the renewal date.

Our Contacts

Quick Contact Form

Thank you
Error occurred while sending email. Please try again later.
View Our Products

Latest Product Launch

ERP Genext

Enterprise Resource Planning

Latest Product Launch

CRM Genext

Customer Relationship Management