Terms & Conditions

Terms & Conditions

futureNext Solutions (hereinafter referred to as ‘futureNext’) reserves the sole right to change these Terms & Conditions and Privacy Policy any time.

futureNext provides products, software and manpower Services (collectively, hereinafter referred to as “SERVICES”) subject to any customer’s or buyer’s (hereafter referred to as “CLIENT”) acceptance of and compliance with the Terms and Conditions (hereinafter referred to as “Terms”) and the terms and conditions of the Service Level Assurance Agreement (hereafter referred to as “SLA”) outlined below:

  1. futureNext may provide Client with one or more services, included but not limited to, following: Website Design & Development and affiliated products/services, Internet Marketing, Mobile Application Development, Content Development, and/ or Maintenance and Support Services. Unless explicitly stated otherwise, any new feature that augments or enhances the Services shall be considered to be part of the Services. futureNext reserves the right to modify, suspend or discontinue the Services (or any part thereof), based on non-cooperation, non payment, or unwanted delay from client, at any time, without notice. Client expressly agrees that Client, or any related third party, shall not hold futureNext or its suppliers liable for any losses, damages or consequences whatsoever from such modification, suspension or discontinuation of the Services.

  2. All estimates/quotes are based on our understanding of your requirements and as per given time-frame. Any changes to the functionality including micro-improvements, may incur additional costs accordingly. 

  3. By accepting a quote, you agree to and accept the terms and conditions of futureNext. Acceptance can be verbal, by email, payment of Initiation, signing a quote.

  4. Clients to ensure that we have included all requirements in the quotes/proposals/estimates and that we fully understand their requirements. Clients must provide us with clear guidelines along with the flow or specific details they may require. When such details are not provided, we will proceed with our understanding of the requirements and quote accordingly. At a later stage, if a discrepancy arises, it may lead to additional costs to accommodate the changes. Thus, it is essential that you clarify every aspect of your website development and ensure that you have been quoted on the right requirements.

  5. Any complexity related to specific tasks, must be advised in advance and included in the proposal for costing purposes. We operate in good faith and rely on our clients to disclose the full picture at the time of quotation. Any discrepancy arising due to unclear requirements will not be borne by futureNext.

  6. There are limited man-hours allocated to each Project.  Minor changes may be included within the allocated hours. This will be analysed on a case-by-case basis.

  7.  futureNext will make every effort to complete the project/changes in the given timeframe. Reasonable delays are accepted if functionalities are redefined or modified.

  8. Any delays at client’s end, may delay the project and proposed timeframes and may incur additional costs.

  9. Any bugs (programming errors) reported during or just after the development does not attract additional charges.

  10.  Any re-work on an already completed task will attract additional charges. Any changes in the design after the design approval will incur additional charges.

  11. Any modifications requested during the development or after the Go-Live approval will incur additional charges. All additional work, over and above the estimates is charged separately. Under no circumstances will futureNext be liable for any delays caused by change in the project brief.

  12. Website/application content and all related materials need to be provided to us by Client. Any delay may delay the project and may incur additional charges if it goes beyond reasonable timeframe.

  13. Our websites/applications are generally tested on PCs and include near recent versions of  Chrome Browser . If you require testing to be done on any other browser, please let us know in advance.

  14.  Responsive/multi-device compatible web pages are tested on Android phones.  If you require testing to be done on any other device, please discuss it in advance.

  15. If your website/application is not hosted on a futureNext server, any additional man-hours that may be required due to any server or network related issues are not covered in our quotes and may be charged separately.

  16. Please note that at any stage during the project, stalling of the project for over two calendar months may increase the previously approved estimates. If you require the project to be put on hold, please advise us in writing in advance. To put the project on hold without incurring additional charges, we will need the account to be up to date based on the work done. Further details can be discussed if such a situation arises.

  17. futureNext software codes (not including open source software) are copyrights of futureNext. The codes can be handed over at an additional cost for use once all previous invoices are settled, on the condition that the codes are used only for use or modification for re-use for further development for the specified client or subsequent owners of that legal entity. Under no circumstance, the codes will be allowed to be used for re-selling or duplication purposes.

  18. The website or software application will be designed to be deployed on the web, via using a commercial grade web-server or a similar setup. Based on your website traffic, the website may not perform if deployed on a generic office network environment.

  19. Depending upon the functionalities required, there may be 3rd party components such as Third Party Payment Gateways or SSL certificates involved in building a website/application. Although futureNext does its best in recognising the suitability of any such component, any unforeseen limitations of 3rd party components are beyond our control. Any third-party component purchase costs (such as SSL, Payment gateway, Google Adwords, Plug-in licenses, images etc,) are not included in our quotes.

  20. futureNext takes no responsibility of any open source products such as WordPress, Open Source carts, Joomla etc. It is clients responsibility to update all components and third party softwares. We suggest you take regular back-ups to avoid any disruptions.

  21. futureNext offers packages in coordination with third party providers. Changes to the third party provider’s rules and policies may ultimately effect the services we provide or the terms and conditions herein.

  22. The client must recognize that at times there may be unforeseen circumstances that will delay the development process, particularly with reference to the integration of third party software. We will try our best to complete the project as agreed in the proposal. As long as it is within a reasonable period, the client agrees not to penalize us for any genuine delay, when every effort to keep the project on the proposed schedule is taken.

  23. Domain registration/renewal etc charges are not included as a part of any project/proposal unless mentioned otherwise. If required, a quote for which will be submitted separately and approved by the client.

  24. Hosting charges are not included in the quotations unless mentioned otherwise. futureNext can organise an appropriate hosting solution if required, a quote for which will be submitted separately and approved by the client. Where clients decide to organise their own hosting, we should be consulted before finalising the type of hosting and database, as it should meet the requirements of the technology used for the development. Please note that we’ll require full access with hosting support for testing and deploying the application. futureNext will not be liable for any delays or errors caused by direct or indirect actions of the hosting company.

  25. futureNext generally builds and tests the websites/applications on our own servers or hosted domains.  The completed project after designing and or programming will be presented for checking and approval of the Client on a demo server before hosting on the main web server. Client should check and make sure the functionality of the website/Software before hosting on LIVE server.  Any changes required in the design side and or programming  side after approval and hosting of the website /software will be charged according to the work volume.  The website/application can be transferred-off to a nominated 3rd party server upon full payment of all invoices and dues.

  26. Notwithstanding any other provision in the agreement, in consideration of the Customer entering into this agreement with futureNext, upon full payment of any outstanding invoices, futureNext will grant an unconditional license to the Customer to reproduce, publish, communicate, use, exploit, vary, or otherwise deal with 1) the graphics, 2) texts and 3) images used in the published website and associated of form and functionality. This will not include the intellectual property relating to the production of the website including the digital strategies, programming codes, database structures, scripts, forms or functionalities.

  27. All communications/correspondences are generally done via emails. It is client’s responsibility to keep us updated with their relevant email addresses.

 Disputes, Liability and Indemnity

In an event of a dispute, futureNext reserves the right to charge the client in full for the work done as well as for the resources spent in managing the dispute. In such an event, futureNext reserves the right to charge the client without honoring any discounts that were previously honored in good faith. Under no circumstances will futureNext be liable for any damages arising from misrepresentation or misinformation.

futureNext reserves the right to refuse service to any client, if these are not aligned with our business operating principles and policies.

futureNext provides its services as is, without any guarantees on security or other issues leading to loss of data, sale or reputation. We ensure to the best of our ability that our systems and servers are protected from hackers, viruses, intruders and other online and offline problems, however we will not be held liable for any disruption of services if such situation arises.

Relationship of futureNext with its suppliers, partners and sub-contractors is of an independent nature. None of the parties have any power, right or authority to interfere or bind the other or assume or create any obligation or responsibility, whether expressed or implied, on behalf of the other or in the other’s name.

Client will indemnify and hold futureNext, its licensors, content providers, service providers, employees, agents, officers, directors, contractors and sub-contractors (the “Indemnified Parties”) harmless from your breach of any of these Terms And Conditions or any other terms, conditions, policies or procedures herein, including, without limitation, any use of content other than as expressly authorized in these Terms and Conditions. Client agrees that the indemnified parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify and hold harmless the Indemnified Parties from any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information obtained from futureNext.

futureNext will not be liable for any breach of the agreement which is caused by a matter beyond its reasonable control including but not limited to Act of God, fire, lightning, explosion, war, disorder, epidemic, pandemic, flood, earthquake, industrial disputes (whether or not involving their employees), extremely severe weather, or acts of local or central government or other competent authorities.

Jurisdiction and governing law

The laws of India only and no other nation shall govern these terms.

The Parties agree to submit to the exclusive jurisdiction of the Courts in KERALA India as regards any claims or matters arising under or in relation to these terms and conditions.