Website Development and Annual Maintenance Contract
Terms and Conditions
1. iCHARMS – PRO IT Reliable Support (CMS) –
Introduction:
In our fast-paced world, the inextricable link between IT
and business is now so hardwired that it is almost impossible to
imagine one without the other. Put quite simply, if your company
is not digitised or online 24/7, 365 days a year, then it
probably isn’t functioning at all. In our digital era, it
is no exaggeration to say that a modern business can only be as
powerful as its IT Systems. As iCHARMS is our own product
designed and developed by us, we are in the best position to
offer you the most reliable up to the minute complete IT support
solutions for both the products. We are also on hand in times of
need and can provide crucial backup and troubleshooting, as well
as the latest cyber security to protect your data which is your
organisations’ most precious assets.
2. Our Services | Do more, worry less and leave the rest
(up-to us).
At Techno Serve Ltd we aim to provide full and bespoke IT
support services, tailored to our client’s business and
its unique requirements having the above motto for our client.
Our services start with an in-depth consultation to pinpoint and
analyse exactly how, where and why we can help your business get
more out of its computing systems.
2.1 We shall offer the following and more to CARE AND RELIEF
FOUNDATION:
Software solutions
Virtual servers, data hosting and online backup
360-degree network security, including malware and
antivirus
Expert IT engineers and technicians
Troubleshooting support via phone, email or instant
messenger
Data quality management and Data Import / Export as per
timely requirements for your management.
Fixing any data issues on a priority basis, including
dealing with Country Office Admin for CMS.
3. On Call Support | We are here for you:
Our dedicated
team of fully trained IT professionals are available for your
support needs during normal office working hours which can be
extended as per your priority need. In addition to expert
advice, we use a unique dual flag and track system, which means
that all outstanding issues are followed up until marked
complete by both us and the client. We are aiming to store
Investigation history forever in a secure server, meaning no
issue is needlessly looked into twice; saving time and
resources. I hope, so far you may rate our communication and
availability ‘very good’ if not
‘excellent’ in resolving underlying issues at the
earliest.
4. Customer Audit | Processes that Save Crucial Time and
Potential Economic and Work Loss:
We are just a phone call or email away. You can call us on +44(0)7429466754 and email us on support@technoservesoftwaresolutions.comDuring troubleshooting; our friendly and skilled consultants
use remote desktop access in order to both investigate and
provide walk-through fixes and demonstrations, fast –
helping you resolve issues without additional costs in future.
Experts on hand are available most of the day in normal working
hours in accordance with Clause 3, which can be extended for
your ease and availability with Advanced Pricing Options.
5. Client Case Study | The difference it can make to go with
iCHARMS PRO – IT Reliable Support:
In the case of CARE AND RELIEF FOUNDATION there are
hundreds of issues that can be listed down as ‘case
study’ which I strongly believe is not needed for you to
make a wise and informed decision. I leave this section blank,
as noting down one of the case study won’t do justice to
the problems faced, efforts and technical knowledge applied to
find a solution, solution found – mutually discussed and
agreed and actual implementation of that solution followed by
retesting with a confirmation from your side of a proper and
expected outcome.
6. iCHARMS – PRO IT | Pricing Plans – Flexible
Fees Designed To Suit All
We call this as ‘’The Best Investment of any
Organisation on its assets’’. iCHARMS – PRO IT
Support Services offer a simple choice of packages at fixed
price points to give flexibility and avoid large per hour fees.
Pricing Structure Details: The outlined pricing structure is
specifically tailored for the inaugural year of service.
Following the initial 12 months, CARE AND RELIEF FOUNDATION will
seamlessly transition to a rolling monthly contract. It’s
crucial to note that the pricing for subsequent periods may
undergo revisions. These revisions are contingent upon factors
such as inflation rates and workload demands, ensuring that the
pricing remains reflective of the evolving nature of the
services provided. Transition to Rolling Monthly Contract: After
the first year, CARE AND RELIEF FOUNDATION will move away from
the fixed annual commitment and enter into a rolling monthly
contract. This transition allows for greater flexibility in
adapting to the evolving needs of the client while maintaining a
consistent and reliable support structure. Deactivation Notice:
In the event that a client wishes to deactivate their account,
it is required to provide a minimum of one month’s notice.
This notice period is essential for facilitating a smooth
transition and allows both parties to finalise any outstanding
matters. Additionally, CARE AND RELIEF FOUNDATION are expected
to fulfil the necessary payment obligations during this notice
period, ensuring a proper account closure without any
disruptions in service or support. This transparent and
collaborative approach to pricing and deactivation procedures
reflects our commitment to maintaining a positive and mutually
beneficial partnership with our CARE AND RELIEF FOUNDATION.
6.1 Basic Level Support:
Sr. No
Services Offered
1
Remote Desktop Support Including Email or Phone
Call Support
2
Dedicated Expert Team in Normal Working Hours
in India
6.2 Custom Solutions:
Custom Solutions are also
available in case it arises upon use of the application in the
long run. These custom solutions will be provided as per the
requirements and charges negotiated and agreed mutually.
6.3 Superseding All Previous Support Related Contracts /
Agreements:
This support contract for iCHARMS supersedes all earlier
support contracts and therefore all earlier support contracts
stand void since the start of this support contract date which
is 01st November 2023.
7. Our Promise | We Understand Your Needs Most:
Given how crucial IT is to the running of your business, we
understand that any malfunctions can rapidly result in
disruption of operations; leading to losses in revenue, time,
efforts and more. That’s where we come in and we have a
simple promise as follows: Response to ANY query before the end
of the working day Between the hours of 10.00am and 18.00pm
– IST
7.1 How it works:
If an IT query is not
solved at first contact, we will seek a solution and give you an
update before the end of the working day / until a resolution is
reached on the same day. This applies for both packages on
offer.
‘’With iCHARMS – PRO IT SUPPORT,
you’ll never be alone’’.
8.iCHARMS – PRO IT | Next Steps:
Are you ready to begin your iCHARMS – PRO IT revolution?
8.1 SIGN UP TODAY
We have made engaging our services a simple 2 step process
with ‘’No Extra Paperwork, No Fuss’’
Approach: Add your Signature / Digital Signature below and click
‘Sign Proposal’ or Sign It Your iCHARMS – PRO
IT Support Services Agreement is included in this document. We
very much look forward to working with your business.
8.2 Signing up Form | Select the Options Package with
Alphabet ‘S’:
Basic Level Support:
Advanced Level Support:
8.3 We’re ready to start, are you?
Note: We would like to mention here that this
contract is being signed today on the above noted date with the
start of this contract, effective date being the 01st November
2023 as things have got delayed in signing it for not being able
to meetup and discuss things in detail.
9. iCHARMS – PRO IT Support Agreement | Terms &
Conditions:
This Agreement (“Agreement”) is made as of
‘01st November 2023″ by Techno Serve Ltd (Provider) located at 22 Ombersley Road, Birmingham, England,
B12 8XD and CARE AND RELIEF FOUNDATION located
at109 Woodfield Road Balsall Heath Birmingham B12 8TE.
It is hereby AGREED as follows:
9.1 Scope of Work:
Client is a contracting Provider to provide IT maintenance,
technical support, and data quality management for “CARE AND RELIEF FOUNDATION” for everything that is currently used or available to
use by the client to date (01st November 2023). PROVIDER agrees
to provide such services to the Client on a monthly payment
basis. Any reported issue will be acknowledged within 24 –
48 hours of the reported time, which we will try to resolve at
the earliest depending upon the technical severity of the
reported issue. Services not considered “standard IT
maintenance, technical support, or hosting” are subject to
be charged at a separate rate and are not to be considered part
of this agreement.
What is included in this Agreement:
Unlimited support of the following monthly, which includes:
Unlimited Downtime Maintenance Bug Fix Maintenance including
data related issues Technical Support (See Deadlines and
Deliverables) Web hosting through a third-party provider –
currently through Layershift.com a UK Based server provider and
Knownhost.com an American based Server provider to allow your
application to be accessible online. Assisting with downtime or
performance issues by liaising with the web hosting provider.
Media and static file hosting through our third-party providers
to serve images, videos, and static files required. Regular
server backups. Regular monitoring and updating to ensure
performance across all the latest versions of installed
software. Standard IT maintenance for monthly, which includes:
Regular monitoring and updating to ensure performance across all
the latest versions of installed software. If any regular
maintenance or software update procedure requires any
third-party services which are chargeable then the charge will
have to be borne by the Client. All the monthly services offered
in this agreement expire at the end of each calendar month and
do not roll over for future use.
9.1.2 What is NOT included in this Agreement:
Emergency out of hour’s coverage unless agreed
separately (Advanced Level Support); hardware protection against
failure if not covered under third party guarantee.
9.2 Payment:
9.2.1 Payment Schedule:
Client agrees to pay
PROVIDER a total for the package selected in exchange for the
above services. The first payment is due upon execution of this
Agreement. Subsequent payments will be due every month
thereafter in advance on the first working day of each month.
9.2.2 Late Payments:
If the Client fails to pay any amount properly due under
the Agreement by the due date, PROVIDER may, after giving three
days’ notice to the Client, suspend any work until payment
is made in full. PROVIDER reserves the right to withhold
delivery of any current work if accounts are not current or
overdue invoices are not paid in full.
9.2.3 Third Party Fees:
The Client is responsible for all third-party fees,
including any necessary licence fees required to purchase and
install new software. These fees will be communicated to the
client in writing and shall not be incurred prior to written
confirmation of acceptance of the cost.
9.2.4 Changes to Pricing Plan
The pricing plan in Clause 6 shall not be increased for an
initial period of 12 months. PROVIDER shall give the Client a
minimum of 60 calendar days’ notice of any planned
increase in pricing thereafter. The Client may terminate the
contract if the increased pricing is unacceptable to the Client
and a comprehensive handover as per Schedule 1 shall be carried
out prior to termination.
9.2.5 Deadlines & Deliverables:
PROVIDER will respond via email to all maintenance requests
from Client within 24 hours on weekdays with a confirmation that
the request was received as well as an estimated completion
date. Maintenance requests received after 5:00 pm IST on
weekdays may not be completed until the next business day unless
prior arrangements have been made. PROVIDER will make all
reasonable efforts to adhere to all quoted deadlines for the
deliverables in the Client’s maintenance requests. In the
event that PROVIDER has any issues in delivering on a quoted
deadline, Client will be notified via email the reasoning for
any change and an estimate of time required given.
9.2.6 Additional Services:
Any revisions, additions or redesign the Client requests
Provider to perform that is not specified in this document shall
be considered “additional” and will require a
separate agreement and payment. PROVIDER shall advise Client on
any requested work that falls within these bounds and there
shall be no obligation on the Client to agree to any additional
services.
9.2.7 Indemnity for Third Party Loss:
PROVIDER
agrees to indemnify the Client against all claims, judgments,
decrees, reasonable costs and expenses, including reasonable
attorney’s fees, incident to any proceeding which may be
brought against the client or its agents, distributors,
customers or other vendors based on a claim of alleged
copyright, trademark, or alleged misappropriation of a trade
secret, as well as for a claim of alleged unfair competition
resulting from similarity in design, trademark or appearance of
Contract Products and Services provided under this Agreement.
PROVIDER agrees that it will, upon request of the Client and at
PROVIDER’S own expense, defend or assist in the defence of
any action which may be brought against the Client or its
officers, employees, agents, distributors, customers, or other
vendors for these claims of alleged infringement,
misappropriation, or unfair competition. The Client agrees to
notify PROVIDER promptly upon receipt of notice of infringement
or information of such a suit having been filed. This
indemnification will be in addition to all other obligations
under this Agreement. PROVIDER agrees to indemnify the Client
against all claims, judgments, decrees, reasonable costs and
expenses, including reasonable attorney’s fees, incident
to any proceeding which may be brought against the Client or its
agents, distributors, customers or other vendors based on a
claim naming the PROVIDER, of alleged copyright, trademark, or
alleged breach of data protection. PROVIDER agrees that it will,
upon request of the Client and at Client’s own expense,
defend or assist in the defence of any action which may be
brought against the Client or its officers, employees, agents,
distributors, customers, or other vendors for these claims
naming the Client of alleged breach of data protection. The
Client agrees to notify PROVIDER promptly upon receipt of notice
of breach or information of such a suit having been filed. This
indemnification will be in addition to all other obligations
under this Agreement.
10. Indemnification:
10.1: Techno Serve Ltd Indemnification:
Techno Serve Ltd will indemnify, defend, and hold you
harmless from any third party claim brought against you that the
Services, as provided by Techno Serve Ltd, infringe or
misappropriate any UK patent, copyright, trademark, trade
secret, or other intellectual property rights of a third party,
provided: Use of the Services by you is in conformity with the
Agreement and Documentation The infringement is not caused by
modification or alteration of the Services; and/or The
infringement was not caused by a combination or use of the
Services with products not supplied by Techno Serve Ltd. Techno
Serve Ltd.’s indemnification obligations are contingent
upon You: Promptly notifying Techno Serve Ltd in writing of the
claim; Granting Techno Serve Ltd sole control of the selection
of counsel, defence, and settlement of the claim; and Providing
Techno Serve Ltd with reasonable assistance, information and
authority required for the defence and settlement of the claim.
This Section states Techno Serve Ltd.’s entire liability
(and shall be your sole and exclusive remedy) with respect to
indemnification to you.
10.2: Your Indemnification:
You
agree to indemnify, defend, and hold harmless Techno Serve Ltd
and its Affiliates, and its directors, employees and agents from
and against any claims arising out of or due to: Your Data; Your
(or Your User’s) breach of this Agreement; Your (or Your
User’s) use of the Services, Software or Documentation in
violation of third-party rights, including any intellectual
property or privacy rights, or any applicable laws; or Your (or
Your User’s) misuse of the Services, Software or
Documentation.
11.Miscellaneous:
11.1 Headings
The section headings contained in this Agreement are for
reference purposes only and shall not affect the meaning or
interpretation of this Agreement.
11.2 Relationship
PROVIDER will perform services hereunder only as an
independent contractor. Client is to have no control over the
methods and means of accomplishing the desired result. PROVIDER
will not be construed to be an employee or agent of Client.
11.3 Assignment
The Client or PROVIDER cannot assign or transfer this
Agreement to anyone else without the written permission of the
other party.
11.4 Limitation of Liability
In no event
will either party be liable, whether in contract, tort, or
otherwise, for any incidental, special, indirect, consequential
or punitive damages, including, but not limited to, damages for
any loss of use, loss of time, inconvenience, commercial loss,
or lost profits, savings, or revenues, to the full extent such
may be disclaimed by the law of England and Wales . The total
liability of PROVIDER, whether for breach of contract, warranty,
negligence, strict liability in tort or otherwise, is limited to
the price of the particular services purchased, sold, or
otherwise at issue hereunder with respect to which losses or
damages are claimed. We are in no way responsible for the loss
occurred (Financial or digital data loss) due to failure of
services provided by third party software or due to changes in
their policy at any time of usage of our product –
software application.
11.5 Construction
Both parties have
had adequate opportunity to obtain legal representation and this
Agreement reflects arms’ length negotiations. Neither
party will be deemed the drafter and no ambiguity in the
Agreement will be construed against either party.
11.6 Contract Cancellation
The Client may cancel or choose not to renew this Agreement
at any time by providing written notice to PROVIDER. Within five
business days of such cancellation, Client will be responsible
for any potential / actual loss of data or economic loss that
may arise and technical support provider, as PROVIDER will no
longer provide any of the services mentioned in this agreement.
Any fees billed to and/or paid for by the Client up until the
point of cancellation are non- refundable and will not be
reimbursed by PROVIDER to the Client. PROVIDER may cancel or
choose not to renew this Agreement at any time by providing 30
days written notice to Client. In the event of cancellation or
nonrenewal by the provider, PROVIDER will provide a prorated
refund for unused services to Client. The PROVIDER shall not
terminate this Agreement until a comprehensive handover has
taken place and both parties are happy that all necessary
handover tasks have been carried out in accordance with Schedule
1.
11.7 Governing Law
This Agreement shall be governed by
the laws of England and Wales. Any disputes arising under this
Agreement shall be settled by arbitration, to take place in
England and Wales.
11.8 Severability
If any provision of
this Agreement shall be unlawful, void or for any reason
unenforceable, then that provision shall be deemed severable
from this Agreement and shall not affect the validity and
enforceability of any remaining provisions.
11.9 Entire Agreement
This Agreement contains the entire agreement of the parties
with respect to the subject matter of the Agreement. The
Agreement supersedes any prior agreements, understandings, or
negotiations, whether written or oral. This Agreement can only
be amended through a written document formally executed by all
parties.
