Terms of Use

Welcome to Celeritas Technologies

The terms of use or conditions are applied in respect of all work or services undertaken by Celeritas Technologies.

Interpretation

The definitions of the term or expression or phrase used in this condition applicable by law are followed below:

Celeritas Technologies: A company incorporated in Howrah, West Bengal, India with GST No. 19XXXXX0000X1Z5 and whose trading office is in Howrah, West Bengal.

Contract: An agreement made between the client and Celeritas Technologies.

Client: A person or firm or company referred in the quotation, purchaser of the services.

Quotation: Cost or charges of services provided by Celeritas Technologies.

Documents: Documents in written form, image, audio files, diagram, plan, design, sketch or any embedded file.

Services: Under the contract, set out in quotation services provided by Celeritas Technologies.

Formation of the Contract

The written acceptance of the quotation for services by Celeritas Technologies offered to the client to purchase the services mentioned or specified.

The client is deemed to accept the quotation when it either signs the document or quotation, even communicates with us regarding the acceptance of quotation.

Formation of any quotation is valid for 14 days prior to its incorporation, provided Celeritas Technology has withdrawn the quotation in writing previously.

Our Obligations

In Compliance with the quotation, Celeritas Technologies will take reasonable efforts to provide the Services and deliver the Deliverables to the Client.

Celeritas Technologies will use reasonable efforts to meet any performance dates indicated in the Quotation, but such dates are simply estimations, and time is not of the essential for the Services' performance.

Client’s Obligations

The Client must:

• Certify that the terms of Order Confirmation are accurate.
• Show cooperation with us in all reasonable matters.
• Provide material or information to us required to supply the services.
• Acquire all the necessary license, consent or permission required to avail any service prior to the date of service initiated.
• Comply with all the other necessary laws, including health and safety law.

Charges and Terms of Payments

• All the charges or rates are set out on the Order Confirmation applicable with GST. We reserve all rights to modify the terms of payment at any time.
• Any travel expense incurred during project management will be included in the final invoice or payment record.
• 50% of the total price for the Services must be paid to us prior to commencing the Services, and 50% of the total charges must be paid by the Client to us (without deduction or set--off) upon delivery following the completion of the Services.
• If invoices are not paid immediately, we reserve the right to halt work on the project until payment is received. It must be confirmed by us, any additional payment conditions agreed upon between the Client and Celeritas Technologies in writing.
• If the client fails to pay the charges or rates before the due date of the payment. We hold rights to suspend the services until the payment is settled in full.

Overdue Accounts

• If project payment is not submitted to us, we reserve all the rights to charge a penalty on due amounts. If the payment is made within 14 days, it's acceptable by us.
• If the payment remains due after 14 days the client is liable to pay 10% of the entire project amount or invoice amount including GST (applicable) to Celeritas Technologies. Unless, we reserve all rights to suspend or terminate the entire contract or the performance of the services.
• If the payment remains due after 30 days the client is liable to pay 20% of the entire project amount or invoice amount including GST (applicable) to Celeritas Technologies, we reserve all rights to suspend or terminate the entire contract or the performance of the services.
• If project payment is not adhered, we retain all the rights to terminate or suspend all the hosting account and services of the client’s website.
• We have all the legal rights to undertake legal proceedings to recover any outstanding debts.
• Any queries in accordance with the invoice or payment of the project must be raised within 7 days.

Changes or Delay or Cancellation of Agreed Projects

In case of any project cancellation or delay or changes, we possess the following rights:

• We reserve all the rights to charge the client, the cost of complying with the project which includes project expenses, cancellation charges or fees of such work schedule or work-in-progress.
• We also reserve the rights to charge you for the audit preparations, proposals, invoices or meetings incurred prior to cancellation date.
• If the project is initiated by the Client and then delayed by 2 months, and if the project does not restart after 3 months the reserve the rights to retain all the payments made by the client to us.

Intellectual Property Right

• The client agrees to grant a license to Celeritas Technologies.
• Existing PPC accounts will be linked to our Client's account and you will retain ownership of them. Any new campaigns or account restructuring, on the other hand, shall be our property until the contract is completed and full payment is collected. Clent can then reclaim possession of the account and administer it themselves; or, the client can choose to have us manage the account for the client.
• You can choose to terminate the contract at the end of the project or have us continue to administer the account. After that, if you provide us one month's notice that you want to end the contract, ownership of the account will be transferred to you.
• Until full payment is completed, we retain all intellectual property rights (including, where applicable, copyright and design rights) in all works generated or commissioned by us and utilised under this agreement. Except as specified in the following sub-clauses, the IP will be transmitted to you in its entirety.
• Any Content Management System (CMS) developed by Celeritas Technologies remains the property of us, though lifetime access would be given to the Client.
• We reserve all the rights to use the Client’s company logo for marketing purposes, website or portfolio.

Limitation of liability

• The client is responsible for double-checking the documents or materials provided to us. You shall have to inform us, if any material or document is false or mis-leading. We will not be liable for it.
• We shall not be liable for any delay or omission of transmission or any error in any advertisement.
• We will not be liable for any costs, losses, or damages incurred as a result of our failure to meet our duties if the failure is due to factors that are entirely or partially beyond our control.

Duration and Termination

On termination of the contract due to any reason:

• The contract will proceed for the full duration agreed, signing the Order Confirmation and prior to working on the project, either party may terminate the contract for any reason upon 1 month with the prior notice period of 7 days.
• If the client requests to terminate the contract within its full contracted duration i.e., 1 month, the cost of the contract will immediately become payable.
• The client shall immediately pay all its outstanding to Celeritas Technologies, unpaid invoices and interest, in respect of services facilitated for which no payment has been submitted.
• The parties accrued rights and liabilities as of termination will be unaffected, as would the continuation of any provision expressly declared to survive or tacitly surviving termination.
• We shall be entitled, without prejudice to any other rights we may have, to switch off and take down any website that we may be hosting for you as part of the services that we provide to you upon termination.
• The ownership of all web hosting, PPC accounts will remain in our possession until the project is terminated and all outstandings are paid in full.
• We may terminate the project engagement immediately by giving written notice, if the client fails to pay any due debt under the project or contract on the due date for payment.

Data Protection

Data Protection laws are applicable and binding on the Client and the Services. The customer or the client agrees to comply with its obligations as data controller under the provisions of the Data Protection Act 1998.

Confidentiality

In this agreement both the parties should maintain sensitive ideas and concepts confidential proposed in connection with our project engagement or specifications, which either party has disclosed to each other and any other confidential information concerning either party’s business or services.

Non-Solicitation

You agree that you will not directly or indirectly solicit or entice away or attempt to solicit or entice away any of our employees who have worked on any project or service delivery for you in the previous years, whether on your own account or in association with any other person, firm, company, or organisation.

Choice of Law and Jurisdiction

The establishment and performance of this agreement shall be governed by the laws of Howrah Jurisdiction and the parties submit to the exclusive jurisdiction of the courts of Howrah to resolve any disputes between us.

General Terms

Waiver

If we fail to enforce any of these terms of use in action it is not a waiver of the party's rights and shall not constitute a waiver in respect of the same or any later breach.

Any waiver is valid officially only if commuted in written papers.

Severability

The remainder shall be severed if any part of the terms of use is partially or wholly void, invalid and unenforceable.