Service Agreement
Web Design & Development
THIS SERVICES AGREEMENT (this “Agreement” which expression shall unless it be repugnant to the subject or context thereof, mean and include all schedules, and amendments thereto as may be entered into from time to time) is made in Mumbai on the day, month and year set out in the start of service usage or development commencement hereof (“Effective Date”) between:
The company(ies)/ agency(ies)/ brand(s)/ person(s) named using or assigning the service or development hereof (the “Customer”, which expression shall unless repugnant to the context mean and include his/ their/ its heirs, successors-in-interest, representatives, nominees, executors, administrators and permitted assigns) OF THE ONE PART;
AND
KDC TEK PRIVATE LIMITED, a company, having its registered office at 402, The Crescent Business Park, MTNL Road, Sakinaka, Andheri East, Mumbai – 400072, Maharashtra, India (hereinafter referred to as the “KDC” which term shall, unless it be repugnant to the context or meaning thereof, be deemed to mean and include its successors and assigns) OF THE OTHER PART.
(KDC and the Customer are hereinafter collectively referred to as “Parties” and individually as “Party”.)
IT IS NOW AGREED BY AND BETWEEN THE PARTIES HERETO AS UNDER:
- SERVICE/ SCOPE:
KDC will provide services to the Customer, comprising the services selected by the customer in the accepted and detailed further in the “Reference Document” mentioned as per the electronic mail (eMail) communication between the Customer and KDC KDC via@kdc.inor@kdc.acor@kdc.coaccounts.
The following are brief definitions of the services. Each is only applicable to the project based on the selections mentioned:
- Web Design & Development
The design of the service is based on the proposed scope mentioned in the “Reference Document”. A marketplace design will be optimised to the best suitability of the Customers’ brand and image. In case a fully customised design is created, the rights of the design belong to KDC, unless otherwise in accordance to the section “COPYRIGHTS” mentioned below in this Agreement. - Recommended Extensions
A list of extensions/ plugins/ modules/ code/ codebase that, in the experience of KDC’s team, most suited to full fill the requirements of the scope and achieve the functionality required by the project. For the terms about renewal and support, please refer to section ‘DURATION/ TENURE’ in correlation with ‘SUPPORT’ below. - Suggested Extensions
A list of extensions/ plugins/ modules/ code/ codebase that, in the experience of KDC’s team, recommended to enhance the functionality of the project. For the terms about renewal and support, please refer to section ‘DURATION/ TENURE’ in correlation with ‘SUPPORT’ below. - Maintenance
The process of managing the project, post the initial project’s delivery, in accordance with the section ‘MAINTENANCE’ below. - Content / Copy / Design
The creation of data and/ or design which is for the peripherals of the project. On completion of the project, items mentioned and assigned to KDC will pass on the copyrights to the Customer by virtue of this Agreement, unless explicitly mentioned otherwise. - Outreach & Analytics
The online marketing and reporting of the project after the Go-Live phase. The section/s ‘ONLINE PRESENCE‘ and ‘SEARCH INDEX DATA‘ below give the terms for the project. - Mobile App Development
Per-Platform means the development is optimised and the output of the Go-Live project for the two different platforms Google Play Store and Apple App Store. The apps will be listed under the developer account of KDC present in both stores. In case a dedicated Developer Store for the Customer is required, KDC will assist in the setup on behalf of the Customer, in accordance with section, ‘CONTENT / DATA‘ and the appropriate Store fees and KDC consultation fees both billed to the Customer in advance. - Website Technicals: Domains
Fully Qualified Domain Name (hereafter “FQDN“) is the combination of the domain name (the primary name of a website or portal including the selected domain extension). The Customer will be the Registrant and will have the Administrative Contact for most of the domain extensions. KDC will be listed as the Technical Contact and also act as the Sub-Registrar or Reseller, where possible. In case of some domain extensions, for which KDC has a single contact option, KDC will be the Administrative Contact, representing the Customer with good faith and shall provide all necessary assistance and guidance, in case of exit / transfer-out from KDC. - Website Technicals: eMail Hosting
KDC partners with the best electronic mail (eMail) service providers. KDC will assist in the setup of the eMail hosting service with the selected provider. The terms of use, privacy policies and conditions are as per the duly updated policies of the provider. - Website Technicals: Hosting
KDC will provide a safe, secure and best industry-standard resources service for hosting the project. Limited to the condition of the upgrade/downgrade of the hosting plan is in accordance with the section ‘MAINTENANCE’ part of ‘CARE’ part of ‘REVIEW‘ below. KDC with good faith shall provide all necessary assistance and guidance, in case of exit / transfer-out from KDC. - Shipping Aggregation
KDC partners with the best of the logistic aggregators. This assists the project to be semi-automated and provide a smoother experience to the end-user. The terms of use, privacy policies and conditions are as per the duly updated policies of the provider. - Add-ons | Communications Credits
Short Messaging Service (SMS) and Electronic Mail (eMail) Credits are used to communicate with the end-user of the project to provide various acknowledgements/ updates/ verifications. The credits have to be purchased in advance (pre-paid) as per the slabs in accordance with the section ‘MAINTENANCE’ part of ‘ASSIST‘ below. - Custom Development
The project execution will be based on a Scope Document as created by KDC based on the brief as provided by the Customer. It will form a part of an additional Annexure, which should be attached to this Agreement if applicable.
- Web Design & Development