1. All site content (text and multimedia) will be the sole responsibility of the client to provide to Xidex. Such should be provided prior to commencing the work.
2. The client is solely responsible to take proper backup of all content on their site/application prior to letting Xidex undertake the required course of action towards meeting the contract. Any loss or damage to existing data shall not be the responsibility of Xidex under any circumstances.
3. The Contract does not hold Xidex responsible for any data entry, web hosting or custom artwork/graphics related work/tasks unless otherwise specifically mentioned, paid for and agreed to by both the parties towards such. Any artwork, images, or text supplied and/or designed by Xidex on behalf of the client, will remain the property of Xidex and/or its suppliers unless otherwise agreed.
4. While Xidex will do its best to achieve all deliveries within the estimated time, there may, at times, be a need to extend or adjust time in cases of any unavoidable and non-forecasted situations like those of deployment issues, dependencies, 3rd-Party support, development bottlenecks, resource unavailability due to emergency, communication delays and the like.
5. Xidex will provide the Client an opportunity to review the given delivery project (Website and Mobile Apps)once we are completed. Xidex shall wait for a period of 7 days to hear any feedback on such shared work/outputs from the client. If the client does not reply within this period, such material will be deemed to have been automatically accepted and approved by the Client.
6. The Client retains the copyright to data, files and graphic logos provided by the Client and grants Xidex 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 Xidex permission and rights for use of the same and agrees to indemnify and hold harmless Xidex from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. A contract for Application development/or design shall be regarded as a guarantee by the Client to Xidex that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
7. Xidex will not accept responsibility for any alterations made by the Client or a third party to the Client’s pages/website/mobile application once installed/ deployed. Such alterations include, but are not limited to additions, modifications or deletions.
1. Any 3rd-Party support, product and/or service being used/ integrated into the application which requires licensing, payment, copyright, etc. shall be the sole responsibility and liability of and be provided by the client or will be procured by Xidex on behalf of the client on pre-payment for the cost of such procurement.
2. The fee charged by Xidex is exclusive of out-of-pocket expenses and expense claims filed by third party products/services involved.
3. No guarantees or warranties shall be provided by Xidex regarding the accuracy, performance or quality of such 3rd-Party product/service.
4. Any upgrade in the 3rd-Party product/service being used in the project shall not be part
1. Xidex will employ reasonable skill, care and diligence in providing the contracted service. However, no representation or warranty, express or implied, as to the availability, quality, accuracy, timeliness, completeness, performance or fitness of the service shall be deemed to be made by Xidex.
2. Xidex hereby excludes itself, its Employees and or Agents from: all and any liability for loss or damage caused by any inaccuracy; omission; delay or error, whether the result of negligence or other cause in the production of the mobile application; All and any liability for loss or damage to clients’ artwork/photos, data/content supplied for the site. This is whether the loss or damage results from negligence or otherwise.
3. Except in the event of death or personal injury caused by our negligent acts or omissions, we shall not be liable in any way for any damages arising in contract, tort or otherwise in respect of loss or damage arising out of or in connection with this Agreement or operation of the Service. In no event will we be liable for any direct, indirect or consequential damages in contract or tort, including loss of profit, loss or damage to property or relating to claims made by third parties.
4. Xidex cannot make guarantees of service on behalf of third-party organisations and will not be held liable for the failure in any service provided by third parties.
1. If a court finds any provision of this Agreement/ terms of service invalid or unenforceable, the remainder of this Agreement/terms of service shall be interpreted so as best to effect the intent of the parties. Either party may renegotiate the terms affected by the severance.
2. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid, illegal or unenforceable provision.
1. The terms of this agreement and the rights of the parties hereto shall be governed exclusively by the laws of India, without regarding its conflict of law provisions.
2. The parties irrevocably agree that the courts of India shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms and Conditions. The placing of an order will confirm acceptance of these conditions which are attached to the Order.
Xidex leverages the latest technologies like Game, AI/ML, AR/VR and App Development for clients to get the best outcome for their budget. If you are searching for a globally trusted solution partner. We are here!
Xidex leverages the latest technologies like Game, AI/ML, AR/VR and App Development for clients to get the best outcome for their budget. If you are searching for a globally trusted solution partner. We are here!