Acceptance of terms
Your use of this website and our services is subject to the following terms and conditions. The place of jurisdiction shall be exclusively Kolkata, West Bengal, India. Please read these terms carefully.
By using our websites it is understood that you accept these Terms & Conditions and our Privacy Policy. Outright Solutions Pvt. Ltd. (“we”, “us”, “our”), which also trades as Crescentek, reserves the right to change these terms as required. Please check this page periodically for changes. Continuing to use the website after we have revised these terms means you accept the revision.
We provide products, software and manpower services (together, the “Services”) subject to the customer or buyer (the “Client”) accepting and complying with these terms and with the scope, timeline and payment schedule set out in the signed proposal or agreement for the work.
Service term
The term of the agreement begins on the date the Client engages our Services and ends when terminated by either party in accordance with these terms and the agreed scope.
Description of service
We may provide the Client with one or more services, including website design and development, mobile application development, internet marketing, hosting, content development, email services, domain registration, and maintenance and support. Other services may also be provided.
Unless expressly stated otherwise, any new feature that augments or enhances the Services forms part of the Services. We reserve the right to modify, suspend or discontinue the Services — for reasons including non-cooperation, non-payment of dues, or unreasonable delay on the Client’s part.
Accuracy of information
To access our Services the Client may be asked to provide registration or other details. By accepting these terms the Client confirms that the information provided is accurate, current and complete. If we believe information provided is inaccurate or incomplete, we may refuse access to our Services and suspend or terminate the account.
Changes to the website
We may change or remove this website, in whole or in part, temporarily or permanently, at our discretion and without notice. We are not liable to the Client, any third-party vendor, or any user for such changes or removal.
Website hosting
Where we host websites, we do not guarantee uninterrupted availability and cannot predict interruptions to the hosting service. We are not liable for losses caused by malfunction, unavailability or interruption of hosting. We reserve the right to decline to host material that is unlawful, offensive or controversial.
The Client must pay hosting and domain fees before the service expiry date. Failure to do so may result in cancellation of the service, and we are not responsible for data lost as a result.
Databases, e-commerce and application development
While we take care to ensure deliverables are accurate, the Client remains responsible for verifying that all products and software function correctly before putting them into use.
Where sites or applications are developed on servers not provided by us, the Client is responsible for providing the access, information, support and any additional software required for the work to be completed correctly. For larger applications the Client is responsible for providing a suitable testing environment matching the intended production environment.
We will endeavour, but are not obliged, to correct errors or defects discovered after a site has gone live, beyond the scope agreed in the brief and the support period described below.
Website design
We make every effort to ensure design work is free of error. Except where liability cannot lawfully be excluded, we do not accept responsibility for losses arising from a malfunction of the website or any part of it.
We are not responsible for copyright infringement arising from materials supplied to us by the Client. Additions to the agreed brief which we carry out at no charge are made at our discretion, and we are not liable for problems arising from them. Corrections or additions beyond the agreed scope may be chargeable.
Ownership and intellectual property
Until all outstanding invoices are paid in full, all web content, graphics, code and other deliverables remain our property.
On receipt of final payment, ownership of the deliverables produced specifically for the Client under the agreed scope — including source code — transfers to the Client. We retain ownership of our own pre-existing tools, libraries, frameworks and know-how used to produce them, and of anything licensed to us by a third party. Where third-party components carry their own licence, that licence governs their use.
We will not resell or commercially reproduce work produced for the Client. We will not display the Client’s name, logo or project as a case study or reference, and will not apply our own mark to delivered work, without the Client’s written consent. Where we act as a white-label delivery partner, the engagement is treated as confidential by default.
The content of this website — including its design, text, graphics, source code and associated software — is owned by or licensed to us. You may access and use it for personal, non-commercial purposes only, and may not copy, store, reproduce, transmit, sell or distribute it without our prior written consent.
Disclaimers and limitation of liability
This website is provided on an “as is” and “as available” basis. To the extent permitted by law we are not liable for any direct, indirect or consequential loss or damage, including loss of business, data, opportunity or profit, arising from use of this website. We do not warrant that the website will be error-free or uninterrupted, that defects will be corrected, or that the site or its server is free of harmful components.
Nothing in these terms excludes or limits liability where it cannot lawfully be excluded or limited.
Post-delivery support
We provide technical support on delivered projects for a period of 30 days from the date of delivery or go-live, inclusive of weekends and public holidays.
Technical support within this period covers:
- Error and bug fixing
- Technical troubleshooting
- Technical advice
- Minor changes to the site
It does not cover structural changes, design changes, functional changes, or anything that alters the original scope. Support for email configuration on third-party mail clients and devices is limited to providing configuration settings. Projects not hosted with us are excluded, as we cannot support changes made by another provider.
We are happy to assist after the support period, chargeable and quoted case by case.
Cancellation and refunds
Cancellations and refunds are governed by our Refund Policy, which forms part of these terms. In summary: a 7-day cooling-off period applies from the date of order; after that period the Client remains liable for the full agreed price, and money owed for work performed before a verified cancellation date must be paid in full. All billing and cancellation requests must be made in writing by the person who originally authorised the engagement.
Hosting and domain renewals
We may cancel a domain or hosting service active on our servers, having given the Client at least 7 days’ notice before the expiry date. Notice may be given by post, by hand, by email or by telephone. Clients are responsible for ensuring services are renewed; where they are not, we are not obliged to keep the service active beyond that period.
Domain and hosting transfers
To transfer a domain or hosting away from us:
- Email info@outrightsolutions.net with the customer name and domain name.
- Our accounts team will confirm any outstanding dues, or give clearance, within 3 working days.
- Once dues are cleared we provide the EPP / auth code and unlock the domain.
- The Client initiates the transfer with their new provider and notifies us.
- We approve the transfer; completion typically takes around 5 calendar days.
Auth codes are valid for a limited period. If not used within 5 calendar days, a new code must be requested.
Payment
The Client agrees to pay the fees for the services engaged, in accordance with the payment schedule set out in the signed proposal or agreement, inclusive of any applicable taxes.
Where a recurring or instalment payment arrangement has been agreed in writing, the Client authorises us to charge the agreed amounts to the nominated payment method on the agreed dates. We reserve the right to pursue alternative means of recovery for unpaid sums, including debt collection, and the Client is liable for reasonable costs of collection.
Payment collection
The Client is responsible for maintaining a valid payment method where a recurring arrangement is in place. If payment fails or an invoice remains unpaid, we may suspend ongoing services, reporting, production and support until the account is settled.
Where payment remains outstanding and unresolved, we may terminate the agreement and retain ownership of the website, domain or other deliverables until the account is paid in full.
Client warranties
The Client represents and warrants that:
- it has authority to enter into the agreement;
- it is a business and not a consumer, and uses our services solely for lawful commercial purposes;
- it holds the necessary rights to all information and materials it provides to us for use as described in the agreement.
Contact
Questions about these terms can be sent to info@outrightsolutions.net.
Outright Solutions Pvt. Ltd.
Godrej Genesis, Saltlake Sec V, Unit 1505
Kolkata, West Bengal 700091, India
Company registration (CIN): U51909WB2012PTC188217