Terms and Conditions represent a legal binding between Consistenza Technologies and the Client specified in the Agreement.
Terminology - "Client", "You" and "Your" refers to the person accepting the
Company's terms and conditions and entering into contract. "The Company", "Ourselves", "We" and "Us",
refers to Consistenza Technologies. "Party", "Parties" or "Us" refers to both Client and Ourselves,
or either Client or Ourselves. By accepting the offer, it shall be deemed, that you understood,
complied, and abide to the Terms, as are mentioned hereunder.
- Software Development: Client hereby employs to design and develop Software Requirement, and Consistenza
Technologies hereby consent to design and develop the idea, though, requirement in accordance with
Specification developed jointly by Client and Consistenza Technologies. Each Party will exert
its best effort or work together to achieve the objective set forth in the project outline or
SRS. Any change in the System Requirement Specification is in agreement with the Change Order
Process set forth below.
- Scope of work set forth as Project outline (Exhibit A) and / or
- Produce a Software Requirement
- Change Order: In the Development Phase, if the Client tends to alter or modify the original
Scope of Work or SRS, then Client must provide a detailed change of order in writing.
The writing may be in the form of email and / or certified letter to Consistenza Technologies.
- Support and Maintenance
- "General Support and Maintenance Services" means the support services provided for a
defined period of 3 months. General Support includes bug and security fixes and
technical support services.
- If the Client wants Support and Maintenance after the defined period then that shall
be contracted under a separate agreement between Consistenza Technologies and Client.
- Clients Responsibilities: Clients hereby agrees to perform all his assigned task timely as set
forth in this Agreeement, provide scope of work, produce a Software Requirement Specification
jointly with Consistenza Technologies, or a Change of Order and to provide assistance and
cooperation to Consistenza Technologies which will help to complete the project
timely and efficiently. Consistenza shall not be deemed in breach of this agreement,
if the Client fails to meet his responsibility of sharing Scope of Work, Change of Order
which will in turn effect or delay the milestone set forth in the System Specification.
In the event of any such failure caused by Client
- all of Consistenza Technologies time frames, milestones, and / or deadlines shall
be extended by number of days,
- Client shall continue to make timely payments to Consistenza Technologies as set forth
in the System Specification. Client shall be responsible for making, at its own expense,
any changes or additions to current systems, software or hardware that may be required
to support operations of Software Development.
- Service Fee Terms: In Event of Project Basis upon acceptance then Consistenza Technologies
expects 50% advance payment and rest as per the milestone. In Event of Resource Based or
Dedicated Team support upon acceptance advance fee is expected before the contract starts.
- Payment Terms: Service Fees are exclusive of taxes, duties, tariffs, excise, and all other
taxes and all other duties whether international, national, state, or local, however
designated except income taxes, which are levied or imposed by reason of the performance
of the professional services under this Agreement. Client will reimburse or pay in event
of any taxes paid by Consistenza Technologies other than income taxes.
- Expenses: Any Employee of Consistenza Technologies who is required to travel for Project
Purpose or onsite development then his / her travelling, accommodation and other allowances
will be incurred or reimbursed by Client.
- Intellectual Property Rights and License:
- Software Development: All materials, including, but not limited to, software,
programs, source code and object code, comments to the source code or object code,
specifications, documents, abstracts and summaries thereof developed by Consistenza
Technologies in connection with the Scope of Work or SRS developed at the outset of t
he Agreement, shall belong exclusively to Client. In the event of Full Payment received
by Consistenza Technologies for the desired Software Developed for the Client then only
all materials, including, but not limited to software, programs, source code and object code, comments to
the source code or object code, specifications, documents, abstracts and summaries shall belong to Client.
- Third Party License: Client shall be required to purchase or reimburse for any related
third party license, software, service or product that are necessary for Consistenza
Technologies to design and development of the Software or Portal. Such Third Party
license, software, service or product may include, but are not limited to server-side
applications, clip art, "back-end" applications, music, stock images, or any other
copyrighted work which Consistenza Technologies deems to purchase on behalf of Client
to design and develop the Software or Portal. Consistenza Technologies shall obtain
Client's prior written consent before implementing such third party license,
software, service or product into the desired Software Developed for the Client.