Terms and Conditions

By accessing this website of browntech.co and confirming order with us, you acknowledge your acceptance of all the below mentioned Brown Tech Terms and Conditions

QUOTATIONS AND ESTIMATES

  • All quotations and estimates provided by Brown Tech are valid for a period of 30 days from date of issue. Quotations not accepted within this timeframe must be re-issued.
  • All quotations are required to be accepted using the supplied Quotation Acceptance Form and returned to Brown Tech within the 30 day period from date of issuance.
  • All quoted prices, excluding where indicated, do not include Goods and Services Tax.
  • Estimates may be provided by Brown Tech to offer the client a guide on the projected costing of a project prior to any discovery or research for said project. All estimates will be clearly marked as such and are not an indication of the exact final cost to develop the application.
  • All estimates will need to be formalized to a quotation or invoice before acceptance by either party as the final cost of the application.
  • Brown Tech reserves the right to suspend the services/quotation at any time, without any prior information.

PAYMENT TERMS

  • All quotations provided by Brown Tech, require a 50% deposit upon acceptance.
  • Unless prior arrangement has been made, final payment is strictly net 10 days from the date of completion.
  • Any cost arising from payment clearings or transaction charges are solely the responsibility of the client and will be charged as such.
  • Brown Tech will only commence work on the quoted application once any deposited funds have cleared.
  • The customer will not be entitled for any service in case of delay in payment for more than 10 days from the final date of installation / date of project / module completion.
  • If opted for service beyond the 12 months of maintenance period or as agreed by Brown Tech, The Annual Maintenance Charges (AMC) will be normally applicable 40% (PERCENT) of original development cost of Project / Module; each year the development cost for new modules will be added to the initial development cost for the calculation of the AMC.
  • The AMC percentage shall be decided by the Brown Tech; which depends upon the amount of efforts and work required. This % may vary each year.
  • The recurring / renewal amount of the domain and hosting are subjected to change as per the market rates.
  • Brown Tech disclaims all warranties or conditions, whether expressed or implied, (including without limitation implied, warranties or conditions of information and context). We consider ourselves and intend to be subject to the jurisdiction only of the courts of Uttar Pradesh, Kanpur, India.

RESIDENCY REQUIREMENTS

  • Minimum requirements for where the completed application will reside, will be provided on all Brown Tech quotations.
  • The quoted cost on a Brown Tech quotation is only valid if the minimum residency requirements are met or exceeded for said quotation.
  • Brown Tech can provide, as an additional service, a package that will meet the stated requirements. The package offered will provide the most streamlined and cost-effective installation of the quoted application.
  • If a Brown Tech package is not used to host the completed application, Brown Tech will not be liable for any additional time or resources, above and beyond that already included in the quotation, required to get the completed application installed where the client has asked it to reside.
  • Brown Tech will bill any additional time and or resources, above and beyond that already included in the quotation, required to get the completed application installed on the clients host at Rs.500 per hour. The minimum cost for this will be 4 hours at the above mentioned rate.

INTELLECTUAL PROPERTY

  • Unless specified all quotations provided by Brown Tech, do not include any source code license.
  • All source code and associated intellectual property relating to said source code, developed by Brown Tech, solely remains the property of Brown Tech, except where specific code license has been issued to the client and said issuance has been indicated in writing from Brown Tech.
  • Brown Tech reserve the right to implement licensing features within the quoted application, except where code license has been issued by Brown Tech.
  • Any alteration, reverse engineering, or manipulation of any kind on the code, compiled or otherwise, created by Brown Tech for the quoted application may be a breach of trademark and copyright laws. If said breach is confirmed, penalties will apply under the relevant acts.
  • Any costs incurred by Brown Tech for third party code license required to complete the quoted application are the responsibility of the client and will be solely borne by the client. Any such third party code license will be attached to the existing Brown Tech code license for the quoted application.

CANCELLATIONS

  • Clients are required to ensure that the content of the application being quoted adheres to all the current Indian legislation regarding publication.
  • The client shall further indemnify Brown Tech in respect of any claims, costs and expenses that may arise from any material included within the quoted application by Brown Tech at the client’s request.
  • Brown Tech reserves the right not to include any material supplied by the client within the quoted application if Brown Tech deems said material inappropriate of offensive.
  • Brown Tech will not populate the application with the final content unless said content is delivered to Brown Tech in digital format prior to commencement of work. Said content, if available, will be used for testing purposes and may not be formatted how the client requires it. If content is not available mock placeholder content will be used.
  • It is the client's responsibility, in all cases, to ensure the applications content is displayed and formatted as they require. If the client cannot format the applications content, Brown Tech will offer this service at Brown Tech' current hourly rate at the time of the request.

PERMISSIONS AND COPYRIGHTS

  • The client will obtain all necessary permissions and authorities with respect to the use of all copy, graphics, logos, names and trademarks and any other material supplied by the client to Brown Tech.
  • Supply of said material by the client to Brown Tech shall be regarded as a guarantee from the client that all such permissions and authorities have been sought and obtained for said material.
  • No responsibility will be accepted by Brown Tech for damages or losses incurred by the client from the use of material for which permission or authority has not been obtained.

CONTENT

  • Clients are required to ensure that the content of the application being quoted adheres to all the current Indian legislation regarding publication.
  • The client shall further indemnify Brown Tech in respect of any claims, costs and expenses that may arise from any material included within the quoted application by Brown Tech at the client’s request.
  • Brown Tech reserves the right not to include any material supplied by the client within the quoted application if Brown Tech deems said material inappropriate of offensive.
  • Brown Tech will not populate the application with the final content unless said content is delivered to Brown Tech in digital format prior to commencement of work. Said content, if available, will be used for testing purposes and may not be formatted how the client requires it. If content is not available mock placeholder content will be used.
  • It is the client's responsibility, in all cases, to ensure the applications content is displayed and formatted as they require. If the client cannot format the applications content, Brown Tech will offer this service at Brown Tech' current hourly rate at the time of the request.

PERMISSIONS AND COPYRIGHTS

  • The client will obtain all necessary permissions and authorities with respect to the use of all copy, graphics, logos, names and trademarks and any other material supplied by the client to Brown Tech.
  • Supply of said material by the client to Brown Tech shall be regarded as a guarantee from the client that all such permissions and authorities have been sought and obtained for said material.
  • No responsibility will be accepted by Brown Tech for damages or losses incurred by the client from the use of material for which permission or authority has not been obtained.

COMPLETION OF WORK

  • All timeframes offered by Brown tech to the client are estimates. The intrinsic nature of software development and its intricacies do not offer Brown tech the luxury of defining definite timeframes.
  • Brown tech will endeavour to complete all work within the estimated timeframes discussed with the client in the quotation. However, Brown tech will not be liable for any penalties, monies or hardships otherwise incurred by the client if the application cannot be delivered within the estimated timeframe.
  • Brown tech will not release the quoted application unless all payments have been met under the obligations of the quotation or work agreement.
  • If Brown tech does not have control over the residence (see Residency Requirements) where the finished work will reside then full payment must be made prior to said work being released by Brown tech.
  • The quoted application remains the property of Brown tech Software until all obligations have been met for release of said application to the client.
  • If Brown tech is working as a third party to another company, said company is responsible in meeting the obligations for release of the quote application to their client.