To access this website means you are agreeing to remain bound by our website Terms and Conditions of Use, along with all the applicable laws and regulations. You have to agree to be responsible for being in compliance with the applicable local laws. You shall be prohibited from using and accessing our website if you have decided against agreeing with these terms. This website's materials are under the protection of applicable copyright along with trademark law.

Use Licenses

a. For only personal, non-commercial transitory viewing, permission is granted to temporarily download one copy of the materials on Brainiac website. This is Granting A License, and NOT Title Transfer. Under this very license, you might not be able to Copy or modify the materials. Use the materials for any kind of commercial purposes, and any sort of public display either commercial or non-commercial. Make an attempt either to reverse engineer or decompile any software on our website. Have any copyright or any proprietary notations removed from the materials. Get the materials transferred to another person or showcase the materials on some other server. b. This license will be terminating you automatically if you ever violate these restrictions. As soon as you have been terminated your viewing these materials with this license termination, you should destroy any downloaded materials you are having in your possession either in electronic or printed format.

Website Content

The client understands that Brainiac may not choose to begin customizing the website until all content is obtained. If the client doesn't supply the company with the graphics, image or/and video content and text for the web pages contracted for within the completion date, the full amount of the contract becomes payable.

Liability

The company is not responsible or liable for any damage or loss either incidental, direct or consequential arising out of non-use or use of services or software or product provided under the contract/project/ offer. If the contract/project/application involves the integration/use of any third-party application, API, product, etc. then the company will not be liable for any damage or loss either incidental/direct or consequential arising out of non-performance or performance of the same.

The company is not legally responsible for any kind of activity done by it, beyond the contract/order/project value or the amount obtained by it. Also, note that in no event shall the company refund the advance obtained by it.

Web Hosting

The client understands that any web hosting services require a separate contract. The client agrees to select a web hosting service that allows full access to the website. The consumer also understands that providing a substitute web hosting service involves additional charges. For availing Brainiac web hosting services, the client has to agree with a separate contract. Brainiac will provide the client with a list of web host providers.

Warranty The software/ services and /or website provided by Brainiac will have a warranty cover of fifteen days from the day of delivery and/ or date of completion of work, whichever is before.

Brainiac's warranty covers: Bug fixing in the work developed.

Minor web page maintenance service which includes making small changes to a para or sentence and updating links. It doesn't include removing almost all of the texts from the webpage and replacing the text with something new. If anyone else other than Brainiac updates the client's web pages, the company will charge hourly rates to repair them.

Legal Stuff

Brainiac will provide the client with all the services that the client has contracted for. But after the client confirms that there are no issues or problems with the project that Brainiac has worked upon, Brainiac will not be liable for any issues faced later on by the client. The complete risk as to the performance and quality of the web pages is with the client. Under no circumstances will Brainiac be legally responsible to the third party or client for any damages, including lost savings, lost profits or other consequential, special or incidental damages occurring from the operation of or lack of ability to operate the website or web pages. If any terms of this agreement shall be void, unlawful, or for any grounds are unenforceable, then that provision must be deemed severable from this contract and will not affect the enforceability and validity of the remaining terms. Brainiac will offer support to the client if any issues regarding the website take place but with an additional charge for website maintenance.

Copyrights

The client is the exclusive owner of the copyright and entire content of the site including but not limited to write-ups, graphics, look and feel, artwork, photos, videos, designs, coding, programming, files etc. The company will transfer any and all aforementioned elements in their entirety to the client upon final payment. The company is allowed to refer the client and its website in support of soliciting future business from potential customers.

Refund & Cancellation

Our refund policy has been devised to define the situations under which Brainiac will provide a refund, the procedure for claiming a refund and the responsibility of Brainiac in circumstances resulting in such a claim. By registering for any of our services you are declaring that you accept and agree with all the terms and conditions outlined in the refund policy. We provide an extensive portfolio for you to view before hiring us for your project so you can see the quality level of our work and be completely comfortable working with us. If you have any questions or reservations, please contact us prior to making a payment for our services. Thank you!

Filing A Complaint

At Brainiac we take every project with the final product in sight. It is as much our responsibility as the client's. So, we believe that every effort should be made to reach a solution that is fully acceptable reciprocally in case of any situation where dissatisfaction related to services comes. Only when things are completely out of hand that refund should be considered.

Our final aim is to come to a mutually acceptable solution. Even then if for some reason you are not satisfied and think about going for a refund claim, it is our request that you take out a few precious minutes to write to us at support@eclickapps.com for a final dialogue prior to requesting a refund. Only if we are unable to reach a common ground with you after talks should a refund claim be filed.

Eligibility For Refund

At Brainiac every project is important to us and we make sure that we handle each project with utmost care and professionalism. Our aim is to provide the results as per the terms and conditions of the proposal. However, despite every measure if the client is not satisfied with the results and chooses to go for the dispute resolution process, we consider refund requests as per the following program in which our services and refund policy related to each service is very clearly listed:

Website/ Graphic Design

Full refund: In cases only where the project has not been started and the client has decided to cancel the project within 7 days of signup. The Full Refund policy will initiate after we receive the upfront payment and will take 7 days to refund the amount that is after deducting the fees and charges we incur for the payment gateway while returning the amount.

Full refunds are also made if the clients have made a payment in error or made an extra payment above the cost of the project.

Up to 75% refund: If the project is cancelled within 2-3 days after payment and project acquisition then up to 75% of the amount paid will be refunded as we had already assigned the design and the technical teams to the job after the payment has been confirmed hence we deduct 25%.

No Refunds: If the client says I did not like the work after the cooling-off period of 7 days from the time the designs and the last work update has been sent the client is not entitled to any refunds whatsoever. We strive to understand your concept and you can share your ideas in an email. As a part of our service, we revise the designs multiple times based on your comprehensive feedback. Hence we give you a time frame to go through the work and let us know your comments accordingly.

Partial refund: If there is a failure to deliver as per our delivery policy after the approval of the initial design style. The partial refund will be in proportion to the work completed.

Payments for custom design projects are made to us in project instalments as a courtesy to the client. Once a payment or deposit is made, it is non-refundable. If a project is cancelled or postponed, all monies paid are retained by Brainiac and if applicable, a fee for all work completed beyond what was already been paid for shall be paid by the client.

SEO/MARKETING

Customer understands, acknowledges, and agrees that Brainiac has no control over the policies of search engines or directories with respect to the type of sites and/or content that they accept now or in the future. The customer's website may be excluded from any search engine or directory at any time at the sole discretion of the search engine or directory entity.

Some search engines and directories may take as long as two (2) to four (4) months, and in some cases longer, after commencement of plan to list and/or update the Customer's website. Occasionally, search engines and directories will drop listings for no apparent or predictable reason.

Indemnification

Customer shall indemnify and hold harmless Brainiac (and its affiliates, officers, agents, co-branders or other partners, and employees) from any and all claims, damages, liabilities, costs, and expenses (including, but not limited to, reasonable attorneys fees and all related costs and expenses) incurred by Brainiac as a result of any claim, judgment, or adjudication against Brainiac related to or arising from (a) any photographs, illustrations, graphics, audio clips, video clips, text, data or any other information, content, display, or material (whether written, graphic, sound, or otherwise) provided by Customer to Brainiac (the "Customer Content"), or (b) a claim that Brainiac use of the Customer Content infringes the intellectual property rights of a third party. To qualify for such defence and payment, Brainiac must: (i) give Customer prompt written notice of a claim; and (ii) allow Customer to control, and fully cooperate with Customer in, the defence and all related negotiations.

Disclaimer

BRAINIAC DOES NOT WARRANT THAT THE SERVICES WILL MEET THE CUSTOMER'S EXPECTATIONS OR REQUIREMENTS. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE IS WITH THE CUSTOMER. EXCEPT AS OTHERWISE SPECIFIED IN THIS AGREEMENT, BRAINIAC PROVIDES ITS SERVICES "AS IS" AND WITHOUT WARRANTY OF ANY KIND. THE PARTIES AGREE THAT (A) THE LIMITED WARRANTIES SET FORTH IN THIS SECTION ARE THE SOLE AND EXCLUSIVE WARRANTIES PROVIDED BY EACH PARTY, AND (B) EACH PARTY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, RELATING TO THIS AGREEMENT, PERFORMANCE OR INABILITY TO PERFORM UNDER THIS AGREEMENT, THE CONTENT, AND EACH PARTY'S COMPUTING AND DISTRIBUTION SYSTEM. IF ANY PROVISION OF THIS AGREEMENT SHALL BE UNLAWFUL, VOID, OR FOR ANY REASON UNENFORCEABLE, THEN THAT PROVISION SHALL BE DEEMED SEVERABLE FROM THIS AGREEMENT AND SHALL NOT AFFECT THE VALIDITY AND ENFORCEABILITY OF ANY REMAINING PROVISIONS.

Limited Liability -

IN NO EVENT SHALL BRAINIAC BE LIABLE TO CUSTOMER FOR ANY INDIRECT, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE, LOST PROFITS, WHETHER OR NOT FORESEEABLE OR ALLEGED TO BE BASED ON BREACH OF WARRANTY, CONTRACT, NEGLIGENCE OR STRICT LIABILITY, ARISING UNDER THIS AGREEMENT, LOSS OF DATA, OR ANY PERFORMANCE UNDER THIS AGREEMENT, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN. THERE SHALL BE NO REFUNDS. BRAINIAC MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH REGARD TO ANY THIRD-PARTY PRODUCTS, THIRD PARTY CONTENT OR ANY SOFTWARE, EQUIPMENT, OR HARDWARE OBTAINED FROM THIRD PARTIES.

Confidentiality

The parties agree to hold each other's Proprietary or Confidential Information in strict confidence. “Proprietary or Confidential Information” shall include, but is not limited to, written or oral contracts, trade secrets, know-how, business methods, business policies, memoranda, reports, records, computer retained information, notes, or financial information.

PRINT MEDIA DESIGN

Design costs paid to Brainiac are non-refundable. Printing costs paid to Brainiac are refundable only if the printing error is determined to be our fault. We are not liable for damages incurred due to printing errors or problems from our files if full specifications from your printer were not provided or were incorrect/inaccurate, or if you supply the wrong files to your printer. We provide the design files via email or online only. No actual items will be shipped to you.

INDEMNITY

All services delivered by Brainiac may be used for lawful purposes only. You agree to indemnify and hold Brainiac harmless from any claims resulting from your use of our service that damages you or any other party.

COPYRIGHT

The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Affordable Websites the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting Affordable Websites permission and rights for use of the same and agrees to indemnify and hold harmless Affordable Websites from any and all claims resulting from the Client's negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the Client to Affordable Websites that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.