TERMS OF SERVICES

CMS Softwares's Payment Terms are strictly 10 days from invoice date and these terms will be enforced rigorously. Upon acceptance of a proposal for website development, graphic design or programming work, we will issue an invoice for 50% of the total fee quoted, payable immediately and before any work or drafts are delivered to the client. The balance of all fees for the project is due within 10 days of receipt of final invoice.

The Client will reimburse incidental expenses including transportation costs, express courier or mailing costs, other fees. Other than initial consultation, time spent for meetings at clients request is billed at hourly rate, travel time billed at 1/2 hourly rate. An invoice will be issued:

upon client acceptance of terms of project proposal (50% deposit) and

upon completion of contract (remainder plus any additional unquoted work)

its not our duty to take cheque/payment from your side, you should to deposit in our account.

Any deposit paid to us and/or delivery times promised for work quoted is forfeit in its entirety if a period of 90 or days or more elapses in which the project does not move forwards due to insufficient or no contact from the client for whatsoever reason, whether within the clients control or not.

It is the clients responsibility to deliver material (e.g. copy, images) required to complete any work quoted for unless we have expressly and in writing undertaken to source any such material on our own account and we will take no responsibility whatsoever for any delays or forfeits caused by such material not being delivered. Please note it is not our policy to accept putting projects on hold and the client should take steps to ensure that sufficient means are available to complete a project once a contract is entered into.

Deposit invoices for accepted proposals are payable immediately, and commencement of a contract proper cannot take place until such deposit is received and cleared in our account. Credit terms on final or intermediate invoices are strictly 10 days on invoice date. We reserves the right to impose an interest surcharge of 5% over bank base rates on any balances outstanding after 14 days. All amounts due to us shall be paid in full immediately when due without any deductions in respect of any claim, counterclaim or set-off. We reserve the right to terminate without notice the service of any client who is in breach of these clear and unambiguous payment terms.

Delivery

As CMS Softwares only offers remote services, where a System Administrators time is the only real product, there are no "Delivery Charges". If a job requires travel, this will be agreed before hand and appropriate expenses included in the quote for work. (Mostly, all support are given online)

Refunds

As web development is a task of time, where the finished product is a provisioned and deployed, once CMS Softwares has started on a task we cannot offer a refund.

However, if CMS Softwares is unable to complete the task due to problems on our end, we will first communicate with the client to work out the best solution and, if appropriate, we will offer a full refund if we have only spent a short amount of time on the task as a whole. It is our aim to always keep communication channels open so as to avoid these scenarios completely.

If you have a recurring service with CMS Softwares, all charges are paid in advance during the billing cycle and are non-refundable. For billing cycles of 1 month or longer, and where a refund has been requested, please see below regarding cancellation.

Returns

CMS Softwares does not offer a returns policy due to the fact that our work is based on Time, and due to the laws of the universe, we cannot currently return time (that is impossible ! )

Cancellations

We appreciate that sometimes clients make mistakes when ordering services, or may change their mind before we start working on the project. If this is the case, simply contact us at the soonest possible instance before we commence work, and we will gladly cancel the service and offer a full refund. If we have already started and are a considerable way into the task, we reserve the right to request payment for at least the time spent working on the project. CMS Softwares reserves the right to charge a cancellation fee on projects of INR 8000 or above if cancelled with less than 48 hours before CMS Softwares is due to commence work, this will generally be no more than 30% of originally agreed invoice or the forfeit of the initial 50% upfront fee if that was paid. If you have a service that is recurring with CMS Softwares and wish to cancel it, please contact us to let us know at least 7 days before your next billing date and we can terminate your services for you. Please note that services will continue to operate until the next billing date if you have cancelled, but you will not be billed again unless you have other services with us. Therefore, if you cancel mid billing cycle you will get what you paid for, and you dont have to worry about cancelling on an exact date to get the most out of the service.

What Happens if Client DoNot Pay?

You will leave us with no choice but to terminate the account to which the invoice refers. You will no longer be able to use our services irrespective to which the invoice refers. Any website or uploaded documents that you have on the account will be unreachable with immediate effect. If your website visitors find a link to your site in a search engine and click on that link they will arrive at a blank page. Any FTP access that you had to your website will be closed. Once your account has been terminated all data on that account (e.g. e-mail and/or website) is automatically removed and cannot be restored(IMAP users please note). I want to discuss this - there must be some mistake ! Before we Terminate we issue a Suspension Notice, we will have done everything reasonable and proper for a professional business to recover monies owed to us by you. We have sent you invoices. We have probably sent you copy invoices. We have sent you statements. Our accounts department has been available by telephone, fax and e-mail to discuss any inconsistencies or irregularities that you feel may exist in an invoice(s). But once we have issued a Termination Notice the time for discussion is over. CMS Softwaress Payment Policy will be rigorously enforced and our advice to you is to pay the outstanding invoice(s) without delay. If you feel there is something to discuss, something which should have been discussed when the invoice(s) was originally issued then please contact our accounts department once your debt has been cleared.

After Suspension what to?

The outstanding balance needs to be paid for with cleared funds. If you decide to send a cheque do so now - we will not be responsible for any postal or bank clearance delays in which case your account may still be terminated. Therefore, to settle the outstanding balance without delay you can make an immediate payment at your own bank, at any branch of SARASWAT Bank or by electronic bank transfer. This T & C is only for Credit Control of Company, it does not include your services terms. For every client we have different service deployment policy depends on their services, please contact our business representative for that.

Further Information

For further information about our policies, or to request copies of your personal information held by us, or to make a complaint about the handling of your personal information, please call us on (+91) 845 963 0022 or email us at customercare@CMS Softwares.com. You may also contact us to correct any details in your personal information that we hold.

Sincerely,

Human Resources

CMS Softwares