Notice
By accessing and using Rakebig Services website (www.rakebig.com) or by downloading materials from RakeBig website or using any of the services we offer, you agree to abide by the terms and conditions of use detailed below. If you do not agree to be bound by these terms and conditions of use, please refrain from using RakeBig website or our services.
Use Of The Site and our Services
References to “we”, “us” or “our” throughout this Website (‘the Site’) pertains to RakeBig which operates the Site.
We reserve the right to modify these terms and conditions from time to time without any prior notice, after which the use of our website will be governed by that revised version. You are hence, recommended to check the terms and conditions on the website regularly. Keep in mind that use of RakeBig services is also subject to, and controlled by, the Agreement subscribed to by the User; and the use of the website is also subject to the Privacy Policy notified on the website.
General Terms
RakeBig Services is an IT services company registered and based in India and the project execution(design/development/SEO/SEM activities)of all the projects we undertake will be taken place at our development centers in India. Our normal working hours are from 10 AM to 6 PM, IST, from Monday to Friday. All Sundays and alternative Saturdays (Second & Fourth) will be off for the company. All public holidays in India or in the state of Kerala will also be holidays for the company.
Use Of The Site
There is no charge imposed by us for accessing the Site but you are liable to pay the cost of the communications link you used to visit the Site.
Access to the Site may be suspended, restricted or terminated any time. We cannot guarantee that the Site will be error-free and we are not to be held liable for unavailability of the same.
The content of the pages on the website are for general information and use only. It is subject to change without notice.
Neither RakeBig Services nor any third party provides any warranty or guarantee to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on the website for any particular purpose.
RakeBig shall not be in any way liable for any inaccuracy, error, defect or fault related to the information and materials found or offered on the website.
Use of any information or materials on the website is entirely at User’s own risk, for which RAKEBIG shall not be liable.
It shall be User’s own responsibility to ensure that any product, service or information available through the website meets the User’s requirements.
Unauthorised use of the website may give rise to claim for damages and/or it will be a criminal offence punishable under the applicable penal law.
Links to other websites
RakeBig makes no representation of any other websites that you may access through RakeBig website or which may be linked to RakeBig website. We are not responsible for the privacy practices of other websites linked from Rakebig website. Users are required to read the privacy policies or statements of other such websites they visit. Any concern regarding any external link should be directed to the website administrator of the site concerned.
Intellectual Property
All rights related to the Site design, text, graphics and other content, the selection and arrangements are licensed to rakebig services. The content of this website is protected by international copyright laws and other intellectual property rights. All company names and logos mentioned in this website are the trademarks, service-marks or trading names of their respective owners, including us. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute by any means or in any manner, any material or information on the website or downloaded from this website including but not limited to text, graphics, video, messages, code and/or software without our prior written consent, except where expressly invited to do so.
R0 respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us by e-mail at supports@rakebig.com
Advertising & Sponsorship
The Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion in the Site complies with international and national laws. We will not be held responsible for any error or inaccuracy in advertising material.
Confidentiality
We understand the importance of confidentiality to the successful planning, establishment and running of your business. Therefore, we will not use, divulge or communicate to any person, except as may be required by law or any legal or regulatory authority, any confidential information concerning the business or affairs of any customer, prospective customer, or supplier of RAKEBIG, or any of our international distributors. All of us shall endeavor our best to prevent the publication or disclosure of any confidential information concerning such matters.
Applicability Of Materials
We have done our best to ensure that our website complies with international laws. However, we make no representations that the materials on our website are appropriate or available for use in all international locations. Those who visit our website from other locations do so, on their own initiative and are responsible to comply with all applicable laws. If you use our website, browse it or use any material or content or services offered through our website violating any applicable law in your jurisdiction(s), you are not authorized to view or use our website and you must exit immediately.
Access To Password Protected Areas
Access to and use of specific areas of this website requiring a password is restricted to authorized users only. These areas are regulated by a separate legal agreement between RakeBig Services and the user. Unauthorized access will be prosecuted.
User Information
We encourage feedback on how to improve this website. Feedback may be e-mailed to Supports@rakebig.com Any feedback hence received shall be deemed to be non-confidential and RakeBig Services has the right to use such information in any way we deem to be fit. Users therefore agree that any information provided to us shall not contain defamatory, offensive, threatening, obscene, harassing, infringing or otherwise unlawful material or proprietary material. We shall not be held liable for any such material and we reserve the exclusive rights to remove it from the website without liability.
Disabling Devices
If the user wants to post any content on the website, he/she should refrain from uploading any posting or postings which contain any viruses or other contaminating or destructive devices. We strive to ensure that our website is free from any such viruses/ devices or features but we give no warranty to that effect and will accept no liability whatsoever for any loss or damage suffered by the user.
Governing Law
Use of this website and any dispute arising out of its use are subject to the laws of State of Kerala in India. Any legal action or proceedings related to or arising out of this Terms and Conditions shall be settled in the courts and/or tribunals in Kozhikode in the State of Kerala in India.
1. STANDARD TERMS AND CONDITIONS
These are the standard terms and conditions for Website Design and Development and apply to all contracts and all work undertaken by RakeBig Services ® for its clients.
2. OUR FEES AND DEPOSITS
A 50% deposit of the total fee payable under our proposal is due immediately upon you instructing us to proceed with the website design and development work. The remaining 50% shall become due when the work is completed to your reasonable satisfaction but subject to the terms of the “approval of work” and “rejected work” clauses. We reserve the right not to commence any work until the deposit has been paid in full.
The 50% deposit is only refundable if we have not fulfilled our obligations to deliver the work required under the agreement. The deposit is not refundable if the development work has been started and you terminate the contract through no fault of ours.
3. SUPPLY OF MATERIALS
You must supply all materials and information required by us to complete the work in accordance with any agreed specification. Such materials may include, but are not limited to, photographs, written copy, logos and other printed material. Where there is any delay in supplying these materials to us which leads to a delay in the completion of work, we have the right to extend any previously agreed deadlines by a reasonable amount.
Where you fail to supply materials, and that prevents the progress of the work, we have the right to invoice you for any part or parts of the work already completed.
4. VARIATIONS
We are pleased to offer you the opportunity to make revisions to the design. However, we have the right to limit the number of design proposals to a reasonable amount and may charge for additional designs if you make a change to the original design specification.
Our website development phase is flexible and allows certain variations to the original specification. However any major deviation from the specification will be charged at the rate of $100.00 per hour.
5. PROJECT DELAYS AND CLIENT LIABILITY
Any time frames or estimates that we give are contingent upon your full co-operation and complete and final content in photography for the work pages. During development there is a certain amount of feedback required in order to progress to subsequent phases. It is required that a single point of contact be appointed from your side and be made available on a daily basis in order to expedite the feedback process.
6. APPROVAL OF WORK
On completion of the work you will be notified and have the opportunity to review it. You must notify us in writing of any unsatisfactory points within 7 days of such notification. Any of the work which has not been reported in writing to us as unsatisfactory within the 7-day review period will be deemed to have been approved. Once approved, or deemed approved, work cannot subsequently be rejected and the contract will be deemed to have been completed and the 50% balance of the project price will become due.
7. REJECTED WORK
If you reject any of our work within the 7-day review period, or not approve subsequent work performed by us to remedy any points recorded as being unsatisfactory, and we, acting reasonably, consider that you have been unreasonable in any rejection of the work, we can elect to treat this contract as at an end and take measures to recover payment for the completed work.
8. PAYMENT
Upon completion of the 7-day review period, we will invoice you for the 50% balance of the project.
9. WARRANTY BY YOU AS TO OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS
You must obtain all necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names and trade marks, or any other material that you supply to us to include in your website or web applications.
You must indemnify us and hold us harmless from any claims or legal actions related to the content of your website.
10. LICENSING
Once you have paid us in full for our work we grant to you a license to use the website and its related software and contents for the life of the website.
11. SEARCH ENGINES
We do not guarantee any specific position in search engine results for your website. We perform basic search engine optimisation according to current best practice.
12. CONSEQUENTIAL LOSS
We shall not be liable for any loss or damage which you may suffer which is in any way attributable to any delay in performance or completion of our contract, however that delay arises.
13. DISCLAIMER
To the full extent permitted by law, all terms, conditions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise (other than the express provisions of these terms and conditions) relating in any way to the services we provide to you are excluded. Without limiting the above, to the extent permitted by law, any liability of RakeBig Services ® under any term, condition, warranty or representation that by law cannot be excluded is, where permitted by law, limited at our option to the replacement, re-repair or re-supply of the services or the payment of the cost of the services that we were contracted to perform.
14. SUBCONTRACTING
We reserve the right to subcontract any services that we have agreed to perform for you as we see fit.
15. NON-DISCLOSURE
We (and any subcontractors we engage) agree that we will not at any time disclose any of your confidential information to any third party.
16. ADDITIONAL EXPENSES
You agree to reimburse us for any requested expenses which do not form part of our proposal including but not limited to the purchase of templates, third party software, stock photographs, fonts, domain name registration, web hosting or comparable expenses.
17. BACKUPS
You are responsible for maintaining your own backups with respect to your website and we will not be liable for restoring any client data or client websites except to the extent that such data loss arises out of a negligent act or omission by us.
18. OWNERSHIP OF DOMAIN NAMES AND WEB HOSTING
We will supply to you account credentials for domain name registration and/or web hosting that we purchased on your behalf when you reimburse us for any expenses that we have incurred.
19. GOVERNING LAW
The agreement constituted by these terms and conditions and any proposal will be construed according to and is governed by the laws of Tasmania. You and RakeBig Services ® submit to the non-exclusive jurisdiction of the courts in and of Tasmania in relation to any dispute arising under these terms and conditions or in relation to any services we perform for you.
20. CROSS BROWSER COMPATIBILITY
By using current versions of well supported content management systems such as “Joomla”, we endeavour to ensure that the web sites we create are compatible with all current modern web browsers such as the most recent versions of Internet Explorer, Firefox, Google Chrome and Safari. Third party extensions, where used, may not have the same level of support for all browsers. Where appropriate we will substitute alternative extensions or implement other solutions, on a best effort basis, where any incompatibilities are found.
21. E-COMMERCE
You are responsible for complying with all relevant laws relating to e-commerce, and to the full extent permitted by law will hold harmless, protect, and defend and indemnify RakeBig Services ® and its subcontractors from any claim, penalty, tax, tariff loss or damage arising from your or your clients’ use of Internet electronic commerce.
