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Terms of Use

Last Revised: January 05, 2020.

PLEASE READ THESE TERMS OF USE CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.

  1. OVERVIEW

Welcome to this website (this “Site”), which is owned and operated by Nuvella Enterprise IT Consulting , These Terms of Use (these “Terms of Use”) set forth the terms and conditions of your use of this Site and the products and services (individually and collectively, the “Services”) found at this Site.

Whether you are simply browsing this Site or are a Nuvella Enterprise IT Consulting  customer, your use of this Site signifies that you have read, understand, acknowledge and agree to be bound by these Terms of Use, along with the following policies and agreements, which are incorporated herein by reference:

Privacy Policy

The terms “we”, “us” or “our” shall refer to Nuvella Enterprise IT Consulting. The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts these Terms of Use by using this Site or the Services found at this Site. Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefits.

Nuvella Enterprise IT Consulting  , in its sole and absolute discretion, may change or modify these Terms of Use, and any policies at any time, and such changes or modifications shall be effective immediately upon posting to this Site. You acknowledge and agree that (i) Nuvella Enterprise IT Consulting  may notify you of such changes or modifications by posting them to this Site and (ii) your use of this Site or the Services found at this Site after such changes or modifications have been made (as indicated by the “Last Revised” date at the top of this page) shall constitute your acceptance of these Terms of Use as last revised. If you do not agree to be bound by these Terms of Use as last revised, do not use (or continue to use) this Site or the Services found at this Site.

  1. ELIGIBILITY;

This Site and the Services found at this Site are available only to Users who can form legally binding contracts under applicable law. By using this Site or the Services found at this Site, you represent and warrant that you are (i) at least eighteen (18) years of age and/or (ii) otherwise recognized as being able to form legally binding contracts under applicable law.

If you are agreeing to these Terms of Use on behalf of a entity, you represent and warrant that you have the legal authority to bind such corporate entity to these Terms of Use, in which case the terms “you”, “your”, “User” or “customer” shall refer to such entity. If, after your agreement to these Terms of Use, Nuvella Enterprise IT Consulting  finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in these Terms of Use. Nuvella Enterprise IT Consulting  shall not be liable for any loss or damage resulting from Nuvella Enterprise IT Consulting ’s reliance on any instruction, notice, document or communication reasonably believed by Nuvella Enterprise IT Consulting  to be genuine and originating from an authorized representative of your entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, Nuvella Enterprise IT Consulting  reserves the right (but undertakes no duty) to require additional authentication from you.

  1. Account Setup

We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. If you have a domain name registered with Nuvella Enterprise IT Consulting , it is your responsibility to ensure that the contact information for your domain account and your actual domain name(s) is correct and up-to-date. Nuvella Enterprise IT Consulting  is not responsible for a lapsed registration due to outdated contact information being associated with the domain. If you need to verify or change this information, you should contact our sales team via email. Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or high risk transactions, it will be necessary to provide government issued identification and possibly a scan of the credit card used for the purchase. If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied.

Ownership

The credit/Debit Card holder, Netbanking, Bank Account Holder, owner of the Payment gateway e-mail address which is utilized for payment on the account is designated as the authorized owner of the account.

Transfers
Our transfers team will make every effort to help you move your site to us. However, transfers are provided as a courtesy service, and we can not make guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult if not impossible to migrate some or all account data. We will try our best, but in some cases we may be unable to assist you in a transfer of data from an old host.

The free transfer services are available for 15 days from your sign up date. Transfers outside of the 15 day free period will incur a charge; please contact a member of the transfers department with specific details to receive a price quote.

Third Party Providers

All transactions with third party providers are solely between the visitor and the individual provider. Nuvella Enterprise IT Consulting  is not the agent, representative, trustee or fiduciary of you or the third party provider in any transaction.

All discounts, promotions and special third party offers may be subject to additional restrictions and limitations by the third party provider. All transactions with third party providers are subject to the terms and conditions under which the provider agrees with you to provide the goods or services. You should confirm the terms of any purchase and/or use of goods or services with the specific provider with whom you are dealing.

We do not make any representations or warranties regarding, and are not liable for, the quality, availability, or timeliness of goods or services provided by a third party provider. You undertake all transactions with these providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third party providers.

  1. Content

All services provided by Nuvella Enterprise IT Consulting  may only be used for lawful purposes.

The customer agrees to indemnify and hold harmless Nuvella Enterprise IT Consulting  from any claims resulting from the use of our services.

Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of anothers copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting. If you believe that your copyright or trademark is being infringed upon, please email in**@nu*****.in with the information required. A list of required information may be found here. If the request is of a licensing issue, we may require further documentation.

Using a shared account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account. Please do not take backups of your backups.
Examples of unacceptable material on all Shared and Reseller servers include:

  • Topsites
  • IRC Scripts/Bots
  • Proxy Scripts/Anonymizers
  • Pirated Software/Warez
  • Image Hosting Scripts (similar to Photobucket or Tinypic)
  • AutoSurf/PTC/PTS/PPC sites
  • IP Scanners
  • Bruteforce Programs/Scripts/Applications
  • Mail Bombers/Spam Scripts
  • Banner-Ad services (commercial banner ad rotation)
  • File Dump/Mirror Scripts (similar to rapidshare)
  • Commercial Audio Streaming (more than one or two streams)
  • Escrow/Bank Debentures
  • High-Yield Interest Programs (HYIP) or Related Sites
  • Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
  • Sale of any controlled substance without prior proof of appropriate permit(s)
  • Prime Banks Programs
  • Lottery/Gambling Sites
  • MUDs/RPGs/PBBGs
  • Hacker focused sites/archives/programs
  • Sites promoting illegal activities
  • Forums and/or websites that distribute or link to warez/pirated/illegal content
  • Bank Debentures/Bank Debenture Trading Programs
  • Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
  • Push button mail scripts
  • Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)
  • Tell A Friend Scripts
  • Examples of unacceptable material on all Dedicated servers include:
  • IRCD (irc servers)
  • IRC Scripts/Bots
  • Pirated Software/Warez
  • IP Scanners
  • Bruteforce Programs/Scripts/Applications
  • Mail Bombers/spam Scripts
  • Escrow
  • High-Yield Interest Programs (HYIP) or Related Sites
  • Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
  • Sale of any controlled substance without prior proof of appropriate permit(s)
  • Prime Banks Programs
  • Lottery/Gambling Sites
  • Hacker focused sites/archives/programs
  • Sites promoting illegal activities
  • Forums and/or websites that distribute or link to warez/pirated/illegal content
  • Bank Debentures/Bank Debenture Trading Programs
  • Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
  • Mailer Pro
  • Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)

Nuvella Enterprise IT Consulting  services, including all related equipment, networks and network devices are provided only for authorized customer use. Nuvella Enterprise IT Consulting  systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of Nuvella Enterprise IT Consulting  system(s) constitutes consent to monitoring for these purposes.

Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control must be with expressed written consent from the third party. Nuvella Enterprise IT Consulting  may, at its discretion, request and require documentation to prove access to a third party network or system is authorized.

We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice.

Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via troubleticket/email and will have a response within 48 hours.

Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.

Resellers:

we will suspend the site in question and will notify you so you may terminate the account. We will further monitor your activity; more than one infraction of this type may result in the immediate termination of your account.

Direct customers:

Your services will be terminated with or without notice.

Violations will be reported to the appropriate law enforcement agency.

It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.

5.) Anti-Spam Policy

We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. “Safe lists”, purchased lists, and selling of lists will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.

Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via phone, postal mail, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.

Nuvella Enterprise IT Consulting  reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.

Nuvella Enterprise IT Consulting  reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee or any charges incurred for blacklist removal. This cost of the clean up fee is entirely at the discretion of Nuvella Enterprise IT Consulting .

6.) Payment Information

You agree to supply appropriate payment for the services received from Nuvella Enterprise IT Consulting , in advance of the time period during which such services are provided. You agree that until and unless you notify Nuvella Enterprise IT Consulting  of your desire to cancel any or all services received, those services will be billed on a recurring basis.

Cancellations must be done in writing via the cancellation form provided. Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we will inform you in writing (typically email) that your account has been canceled. Your cancellation confirmation will contain a ticket/tracking number in the subject for your reference, and for verification purposes. You should immediately receive an automatic “Your request has been received…” email with a tracking number. An employee will confirm your request (and process your cancellation) shortly thereafter. If you do not hear back from us, or do not receive the automatic confirmation email within a few minutes after submitting your cancellation, please contact us immediately via phone. We require that cancellations of service are done through the online form to (a) confirm your identity, (b) confirm in writing you are prepared for all files/emails to be removed, and (c) document the request. This process reduces the likelihood of mistakes, fraudulent/malicious requests, and ensures you are aware that the files, emails, and account may be removed immediately after a cancellation request is processed.

As a client of Nuvella Enterprise IT Consulting , it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree that until and unless you notify Nuvella Enterprise IT Consulting  of your desire to cancel any or all services received (by the proper means listed in the appropriate section of the Terms of Service), those services will be billed on a recurring basis, unless otherwise stated in writing by Nuvella Enterprise IT Consulting . Nuvella Enterprise IT Consulting  reserves the right to bill your credit card or billing information on file with us. Nuvella Enterprise IT Consulting  provides a 15 day grace period from the time the invoice is generated and when it must be paid. Any invoice that is outstanding for 10 days and not paid will result in a $5 late fee and/or an account suspension until account balance has been paid in full. The $5 late fee is applied in addition to whatever else is owed to Nuvella Enterprise IT Consulting  for services rendered. Access to the account will not be restored until payment has been received.

It is the customer’s responsibility to notify our sales team via email at sa***@nu*****.in after paying for a domain renewal and to ensure the email is received and acted upon. Domain renewal notices and invoices are provided as a courtesy reminder and Nuvella Enterprise IT Consulting  cannot be held responsible for failure to renew a domain or failure to notify a customer about a domain’s renewal.

Subsequently, domain renewals are billed and renewed 30 days before the renew date. It is the customer’s responsibility to notify our sales team via email at sa***@nu*****.in for any domain registration cancellation. No refunds can be given, once a domain is renewed. All domain registrations, and renewals are final.

Invoices that have been paid more than once with multiple Paypal Subscriptions can only be added as credit towards the account and cannot be refunded via Paypal. If you require assistance with this provision, please contact sa***@nu*****.in

Nuvella Enterprise IT Consulting  reserves the right to change the monthly payment amount and any other charges at anytime.

7.) Backups and Data Loss

Your use of this service is at your sole risk. Our backup service runs once a week, overwrites any of our previous backups made, and only one week of backups are kept. This service is provided to you as a courtesy. Nuvella Enterprise IT Consulting  is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Nuvella Enterprise IT Consulting  servers.

8.) Cancellations and Refunds

Nuvella Enterprise IT Consulting  reserves the right to cancel, suspend, or otherwise restrict access to the account at any time with or without notice.

Exchange rate fluctuations for international payments are constant and unavoidable. All refunds are processed in U.S. dollars or INR, and will reflect the exchange rate in effect on the date of the refund. All refunds are subject to this fluctuation and Nuvella Enterprise IT Consulting  is not responsible for any change in exchange rates between time of payment and time of refund.

Customers may cancel at any time via a cancellation form. Nuvella Enterprise IT Consulting  gives you an unconditional 15 day money back guarantee on managed shared hosting, and reseller solutions for any customer who paid the first invoice with a credit card or with Paypal.

Cancellations requested after the initial 15 days for Shared and Reseller accounts will go into effect on the renewal date for that particular hosting package. Unless specifically requested, the account will remain active until the period expires. If the account is eligible, any request for a refund outside of the initial 15 day period will be given on a prorated basis with any previous extended term discount withheld. Refunds are to be determined once the account has been canceled. Payments older than 60 days may require a refund via PayPal or mailed check due to our merchant account policies and procedures.

The following methods of payments are non-refundable, and refunds will be posted as credit to the hosting account:

  • Bank Wire Transfers
  • Checks, Cash Deposits in bank, DD
  • Money orders

There are no refunds on dedicated servers, administrative fees, and install fees for custom software. Any domain name purchases are non-refundable.

Only first-time accounts are eligible for a refund. For example, if you’ve had an account with us before, canceled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.

Violations of the Terms of Service will waive the refund policy.

9a.) Resource Usage

User may not:

  • Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
  • Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
  • Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
  • Run any software that interfaces with an IRC (Internet Relay Chat) network.
  • Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.
  • Participate in any file-sharing/peer-to-peer activities
  • Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
  • Run cron entries with intervals of less than 15 minutes.
  • Run any MySQL queries longer than 15 seconds. MySQL tables should be indexed appropriately.
  • When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include(“http://yourdomain.com/include.php”) use include(“include.php”)
  • To help reduce usage, do not force html to handle server-side code (like php and shtml).
  • Only use https protocol when necessary; encrypting and decrypting communications is noticeably more CPU-intensive than unencrypted communications.

9b.) INODES

The use of more than 1,00,000 inodes on any shared account may potentially result in a warning first, and if no action is taken future suspension. Accounts found to be exceeding the 100,000 inode limit will automatically be removed from our backup system to avoid over-usage, however databases will still be backed up. Every file (a webpage, image file, email, etc) on your account uses up 1 inode.

Sites that slightly exceed our inode limits are unlikely to be suspended; however, accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension. The primary cause of excessive inodes seems to be due to users leaving their catchall address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past our inode limit. To disable your default mailbox, login to cPanel and choose “Mail”, then “Default Address”, “Set Default Address”, and then type in: :fail: No such user here.

9c.) Backup Limit

Any shared account using more than 5 gigs of disk space will be removed from our off site weekly backup with the exception of Databases continuing to be backed up. All data will continue to be mirrored to a secondary drive which helps protect against data loss in the event of a drive failure.

10.) Bandwidth Usage

You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.

11a.) Money back Guarantee

On Reseller Hosting no full refund will be honored — the 15 day money back guarantee does not apply. We reserve the right to refund a prorated amount or no refund at all.

Each of Nuvella Enterprise IT Consulting ‘s managed shared, and reseller servers carry a 15 day unconditional money back guarantee on them. If you are not completely satisfied with our services within the first 15 days of your service, you will be given a full refund of the contract amount. Remember, this is only for monthly shared or reseller packages and does not apply to dedicated servers, administrative fees, install fees for custom software, or domain name purchases.

Nuvella Enterprise IT Consulting  will not activate new orders or activate new packages for customers who have an outstanding balance with Nuvella Enterprise IT Consulting . For a new order to be setup or a new package to be activated, you must have a balance of $0.00, unless otherwise stated by Nuvella Enterprise IT Consulting  in writing.

11b.) Uptime Guarantee

If your shared / reseller server has a physical downtime that is not within the 99.9% uptime you may receive one month of credit on your account. Approval of the credit is at the discretion of Nuvella Enterprise IT Consulting  dependent upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor’s network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. To request a credit, please contact sales@Nuvella Enterprise IT Consulting .org with justification. All requests must be made in writing via email. Uptime guarantees only apply to shared / reseller solutions.

12.) Reseller: Client Responsibility

Resellers are responsible for supporting their clients. Nuvella Enterprise IT Consulting  does not provide support to our Reseller’s Clients. If a reseller’s client contacts us, we reserve the right to place the client account on hold until the reseller can assume their responsibility for their client. All support requests must be made by the reseller on their clients’ behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients’. Nuvella Enterprise IT Consulting  will hold any reseller responsible for any of their clients actions that violate the law or the terms of service.

13.) Shared (non-reseller accounts) / Semidedicated Servers

Shared accounts may not resell web hosting to other people, if you wish to resell hosting you must use a reseller account. Semi-dedicated servers are not backed up. You must maintain your own backups.

14.) Price Change

The amount you pay for hosting will never increase from the date of purchase. We reserve the right to change prices listed on nuvella.in, and the right to increase the amount of resources given to plans at any time.

15.) Coupons

Discounts and coupon codes are reserved for first-time accounts *or first-time customers* only and may not be used towards the purchase of a domain registration unless otherwise specified. If you have signed up using a particular domain, you may not resign up for that domain using another coupon at a later date. Any account found in violation of these policies will be reviewed by our sales department and the appropriate invoices will be added to the account. Coupon abuse will not be tolerated and may result in the suspension or termination of the account. Coupons or discounts are only valid towards the initial purchase, and do not affect the renewal or recurring price.

16.) Indemnification

Customer agrees that it shall defend, indemnify, save and hold Nuvella Enterprise IT Consulting  harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Nuvella Enterprise IT Consulting , its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Nuvella Enterprise IT Consulting  against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Nuvella Enterprise IT Consulting ; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from Nuvella Enterprise IT Consulting ‘s server.

17.) Disclaimer

Nuvella Enterprise IT Consulting  shall not be responsible for any damages your business may suffer. Nuvella Enterprise IT Consulting  makes no warranties of any kind, expressed or implied for services we provide. Nuvella Enterprise IT Consulting  disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by Nuvella Enterprise IT Consulting  and its employees.

18.) Disclosure to law enforcement

Nuvella Enterprise IT Consulting  may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.

19.) Changes to the TOS

Nuvella Enterprise IT Consulting  reserves the right to revise its policies at any time without notice.

  1. CONTACT INFORMATION

If you have any questions about these Terms of Use, please contact us by email or regular mail at the following address: cu**********@nu*****.in

Design, Development, Maintenance – Terms and Conditions

AuthorizationThe client is engaging Nuvella Enterprise IT Consulting , as an independent contractor for the specific project of design, development and/or re-design of a World Wide Web site to be installed on the client’s web space on a Website Host Provider’s computer. The client hereby authorizes Nuvella Enterprise IT Consulting to access this account, and authorizes the Website Host Provider to provide Nuvella Enterprise IT Consulting with “write permission” for the client’s web page directory, CGI-bin directory, and any other directories or programs, which need to be accessed for this project. The client further authorizes Nuvella Enterprise IT Consulting to place a statement as to “web design and maintenance by Nuvella ” and provide a hyperlink to the Nuvella Enterprise IT Consulting website in that statement.

Standard Web Site Package includes the following elements:

  • Project definition and estimate, UI prototyping, HTML/JavaScript coding, 2-3 illustrations and/or photo manipulation, minor text editing).  Website hosting and Search Engine registration recommendations, communication of project status, QA testing.
  • Website will have a logical and professional layout. The design will be consistent with existing marketing materials (color, typeface, photos, etc.). Site navigation will be simple and intuitive. Cascading style sheets and included pages will be utilized to facilitate site maintenance and updates.
  • Installation of Web pages on the client’s web site host provider’s server/computer. Minor updates and changes to existing Web pages for two months. (Up to 15 minutes total, subject to the limits outlined below. Additional changes billed at hourly rate.)

Standard Web page packages only.The client will supply the content of the Web pages. The final payment shall reflect and include all elements actually completed at the prices attached. Product Web pages, products, or photos added after the site is ready for advertising to the Web search engines will be calculated for actual time spent at the hourly rate of $120.00. In case the client desires additional standard Web pages beyond the original number of pages specified above, the client agrees to pay Nuvella Enterprise IT Consulting $120.00 per hour for design and development of additional Web pages.

Maintenance and Hourly RateThis agreement includes Web page maintenance to regular Web pages (over a two-month period) of one-quarter hour total, including updating links and making minor changes to a sentence or paragraph. If the client or an agent other than Nuvella Enterprise IT Consulting attempts updating the client’s pages, time to repair Web pages will be assessed at the hourly rate, and is not included as part of the updating time. The two-month maintenance period commences upon the date the client signs this contract. Changes requested by the client beyond those limits will be billed at the hourly rate of $120.00. This rate shall also govern additional work authorized beyond the maximums specified above for such services as marketing Consulting , Web page design, editing, modifying, Flash animation, photo, and graphics services.

Changes to Submitted TextPlease send us your final text. Time required to make substantive changes to the client submitted text after the Web pages have been constructed will be additional, billed at the hourly rate.

Web Site Host Service Provider
The client understands that any Website Host Service Provider (Host) services require a separate contract with the Host of the client’s choice. The client agrees to select a Host, which allows Nuvella Enterprise IT Consulting full access to the Web site and/or a CGI-bin directory via FTP and telnet.

Completion Date
Nuvella Enterprise IT Consulting and the client must work together to complete the Website in a timely manner. We agree to work expeditiously to complete the Website no later than 6 weeks after contract acceptance. To avoid additional fees the client must supply Nuvella Enterprise IT Consulting the complete text and graphics content for the Website within 7 days.

Payment of Fees
Fees to Nuvella Enterprise IT Consulting are due and payable on the following schedule: 1/2 upon signing this contract, and 1/2 due upon “delivery” (hand-off or uploading of site to Web Host server). If the total amount of this contract is less than $800, the total amount shall be paid upon signing this contract. In case the client has not secured Web space on a Website Host Service Provider computer by the time the Web pages are completed, the Web pages may be delivered to the client on a zip disk. All payments will be made in US funds. If the client does not supply Nuvella Enterprise IT Consulting complete text and graphics content all Web pages contracted for within 60 days of the date this contract was signed, the entire amount of the contract becomes due and payable.

Assignment of Project
Nuvella Enterprise IT Consulting reserves the right to assign subcontractors to this project to insure the right fit for the job as well as on-time completion.

Copyrights and Trademarks
The client represents to Nuvella Enterprise IT Consulting and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Nuvella Enterprise IT Consulting for inclusion in Web pages are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend Nuvella Enterprise IT Consulting and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.

Laws Affecting Electronic Commerce
From time to time governments enact laws and levy taxes and tariffs affecting Internet electronic commerce. The client agrees that the client is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend Nuvella Enterprise IT Consulting and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the client’s exercise of Internet electronic commerce.

Copyrights to Web Pages
Copyright to the finished assembled work of Web pages produced by Nuvella , is owned by Nuvella . Upon final payment of this contract, the client is assigned rights to use as a Website the design, graphics, and text contained in the finished assembled Website. Rights to photos, graphics, source code, work-up files, and computer programs are specifically not transferred to the client, and remain the property of their respective owners. Nuvella Enterprise IT Consulting retains the right to display graphics and other Web design elements as examples of their work in their respective portfolios.

Payment of fees
Payments must be made promptly. Delinquent bills will be assessed a $120 charge if payment is not received within 30 days of the due date. If an amount remains delinquent 45 days after its due date, an additional 5% penalty will be added for each month of delinquency. Nuvella Enterprise IT Consulting reserves the right to remove Web pages from viewing on the Internet until final payment is made. In case collection proves necessary, the client agrees to pay all fees incurred by that process.

Sole Agreement
The agreement contained in this “Web Page Design and Maintenance Agreement” constitutes the sole agreement between Nuvella Enterprise IT Consulting and the client regarding this Website. Any additional work not specified in this contract must be authorized by a written change order. All prices specified in this contract will be honored for three (3) months after both parties sign this contract. Continued services after that time will require a new agreement.

Content Development

Once the project fee is paid in full to nuvella, any elements of text, graphics, photos, contents, trademarks, or other artwork furnished to client for inclusion in website are owned by client.
50% advance payment with the work order 50% due payment within 3 days after completing the full project

Idle Time
Development Timelines  (If content is available): as per the package.

If Client fails to provide the content within 30 days after contract, then the project will count as a completed project.

Post-Sales Support: One Year

Initial Payment and Refund PolicyThis agreement begins with an initial payment of 1/2 of final project cost. If the client halts work and applies for a refund within 30 days, to Nuvella  work completed shall be billed at the hourly rate stated above, and deducted from the initial payment, the balance of which shall be returned to the client. If, at the time of the request for refund, work has been completed beyond the amount covered by the initial payment, the client shall be liable to pay for all work completed at the hourly rate stated above. No portion of this initial payment will be refunded unless written application is made within 30 days of signing this contract.

Suspension of Service or CancellationNuvella Enterprise IT Consulting reserves the right to suspend services to any customer if in the judgment of Nuvella , the subscriber’s account is the source or target of a violation of any of the terms of the TOS, or for any other reason which Nuvella Enterprise IT Consulting deems necessary.  7 business days notice will be given to clients via phone or email.