TERMS OF SERVICE
In contracting our services or using our website you are
deemed to have read and agreed to the following terms and conditions:
The following terminology applies to these Terms and Conditions, Privacy Statement and
Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to the
company/person in contract with GRUBLEN OR person accessing this website, using
GRUBLEN.COM services and accepting the Company’s terms and conditions.
“The Company”, “Ourselves”, “GRUBLEN” “We” and “Us”, refers to our Company. “Party”,
“Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or
ourselves. All terms refer to the offer, acceptance and consideration of payment
necessary to undertake the process of our assistance to the Client in the most
appropriate manner, whether by formal meetings of a fixed duration, or any other means,
for the express purpose of meeting the Client’s needs in respect of provision of the
Company’s stated services/products, in accordance with and subject to, prevailing
Indian Law. Any use of the above terminology or other words in the singular, plural,
capitalization and/or he/she or they, are taken as interchangeable and therefore as
referring to same.
Assignment of Project
GRUBLEN.COM reserves the right to assign subcontractors to this Project to insure that the
terms of this agreement are met. Client agrees to the use of 3rd party or open source
technologies or frameworks for this project by GRUBLEN.COM without prior written or verbal
consent by Client.
We are committed to protecting your privacy. Authorized employees within the Company on a
need to know basis only use any information collected from individual customers. We constantly
review our systems and data to ensure the best possible service to our customers. Parliament
has created specific offenses for unauthorized actions against computer systems and data. We
will investigate any such actions with a view to prosecuting and/or taking civil proceedings
to recover damages against those responsible.
Client records are regarded as confidential and therefore will not be divulged to any third
party, other than our partner(s) / supplier(s) and if legally required to do so to the
appropriate authorities. Clients have the right to request sight of, and copies of any and
all Client Records we keep, on the provision that we are given reasonable notice of such a
request. Clients are requested to retain copies of any literature issued in relation to the
provision of our services. Where appropriate, we shall issue Client’s with appropriate
written information, handouts or copies of records as part of an agreed contract, for the
benefit of both parties.
We will not sell, share, or rent your personal information to any third party or use
your e-mail address for unsolicited mail. Any emails sent by this Company will only be in
connection with the provision of agreed services and products.
Disclaimer Exclusions and Limitations
The information on this web site is provided on an “as is” basis. To the fullest extent
permitted by law, this Company:
i. Excludes all representations and warranties relating to this website and its contents
or which is or may be provided by any affiliates or any other third party, including in
relation to any inaccuracies or omissions in this website and/or the Company’s literature;
ii. Excludes all liability for damages arising out of or in connection with your, of our
provided software/website. This includes, without limitation, direct loss, loss of business
or profits (whether or not the loss of such profits was foreseeable, arose in the normal
course of things or you have advised this Company of the possibility of such potential loss),
damage caused to your computer, computer software, systems and programs and the data thereon
or any other direct or indirect, consequential and incidental damages.
This Company does not however exclude liability for death or personal injury caused by its
negligence. The above exclusions and limitations apply only to the extent permitted by law.
None of your statutory rights as a consumer are affected.
Description of Service
GRUBLEN.COM designs and develops websites, web applications, software and mobile apps.
Client understands that GRUBLEN’s services may include certain communications from GRUBLEN.COM
such as advertisements, notices, service announcements and newsletters. Client is responsible
for obtaining access to GRUBLEN.COM’s services that may involve 3rd party fees (including but
not limited to, ISP, merchant accounts and gateways). Client is also responsible for all
equipment and software necessary to access GRUBLEN.COM’s services.
Scope of Work
Client understands that the website/software purchase and development includes a specific number
of pages, features and/or functionality. The Client proposal and Project Specifications Document
lists the specific features, functionality and number of pages purchased. The website/software
only includes those items purchased. If the Client desires additional features, functionality
or pages client may request a price quote to purchase as additional enhancements to the website.
Additional work requested by the Client outside of the scope of work purchased may be charged at
an hourly rate or as specific enhancements.
Our Website / Software Project Warranty
We believe that code just doesn’t break; it either works or it doesn’t. We provide the only
industry lifetime warranty that gives you peace of mind in knowing you are covered if anything
ever comes up. Our competition provides 30 to 90 day warranties in hopes you may miss something
and will be another fee down the road.
GRUBLEN.COM’s warranties its own software code for life and will resolve any functional or
technical software defects that are related to our own code. Our code includes html, scripting,
related to contracted project scope. The warranty provides assurance that the software will meet
the functional specifications. This warranty covers for any bugs (programming errors) reported to
Custom Software after go-live deployment. Any bugs reported within this time period will be fixed
at no additional charge to the client. The period begins on the date the Client’s software is
available to be published to the live environment. Priority maintenance and support agreements
are separately available to client to ensure rapid response and level A support for all submitted
requests, if applicable.
GRUBLEN.COM does not warranty any issue caused due to server limitations or changes is not
covered in the warranty. Any bugs related to 3rd party servers, operating systems 3rd party
database integration, web browsers, 3rd party software (including open source cms and
frameworks), 3rd party plug-ins are not cover under the warranty. If GRUBLEN.COM code,
including any file, html, script, text or database is modified or new code/html/text is
added, by Client or 3rd party, without prior written permission of GRUBLEN.COM, the warranty
will be deemed null and void. The warranty is also nulled if any backup restore or rebuild
of application is needed and done without express written consent of GRUBLEN.COM. This
warranty does not include fixes for issues related to new browser versions that were
implemented after project start or older browser versions that are no longer supported by
the manufacturer. GRUBLEN.COM is not responsible for ensuring all requested functionality
by client is compatible with all supported browser versions and additional charges may apply
to modify or resolve potential browser issues.
The right to warranty is forfeit if the web application, mobile app or custom software source
code is accessed or modified by any third party company for any reason. This includes any
changes that are directly make to any project file including but not limited to .html, .htm,
.js, .php, .aspx, ,tpl, .sql, ,css, .xml, .txt, .jpg, or .png. The warranty will not be
honored if any of the client payments are over-due or any monies have been charged back or
Electronic Delivery Policy
GRUBLEN.COM is a web application and software development business and communicates with its
Clients electronically. When Client accepts this TOS Client consents to receive electronically
from GRUBLEN.COM any notices, agreements, disclosures, or other communications (Notices).
Client agrees that GRUBLEN.COM may send electronic Notices in either of the following ways:
1) To the email address provided to GRUBLEN.COM at the time of sale or
2) to the new email address account Client set up through GRUBLEN.COM.
Client agrees to check the designated email addresses regularly for Notices. Notice from
GRUBLEN.COM is effective when sent by GRUBLEN.COM, regardless of whether the Notice is read or
received by Client.
Call Monitoring and Recording Privacy Statement
As part of GRUBLEN.COM’s commitment to providing the best possible service GRUBLEN.COM may
monitor and record phone calls answered by GRUBLEN.COM and made by GRUBLEN.COM. GRUBLEN.COM
may also archive recorded voice mail messages. GRUBLEN.COM records calls for training
purposes, to improve customer service, and to ensure an accurate record of Client calls,
which may be needed to support transactions that take place over the phone. This allows
GRUBLEN.COM to identify how GRUBLEN.COM can better serve its customers.
Software Project Development Procedure
With help and input from the Client, GRUBLEN.COM will develop the contracted scope of the
software project. Before work may begin on a project, the Client must sign the project
acceptance agreement and electronically accept these Terms of Service. Client may submit
their design survey to GRUBLEN.COM through GRUBLEN.COM’s online design survey application.
In submitting the survey, links to sample sites the Client likes are for general information
purposes only and assist GRUBLEN.COM with the design of the Client’s custom website or
software. The functionality and detail of the sample sites will not be duplicated unless
such functionality and detail are specifically included and itemized in GRUBLEN.COM’s
proposal and Project Specifications Summaries and do not infringe upon the intellectual
property rights of others.
GRUBLEN.COM will not be held liable for accuracy of information, typos, or spelling errors
in any of the content approved by the Client and published on the website. Client will be
notified by email when the website is live.
Client understands, agrees and acknowledges that GRUBLEN.COM does not guarantee a time frame
for completion of ANY website or software project. This is in part because it is difficult
to complete a project without design and functionality approvals and participation from
the Client. In addition, if the Client continues to submit additional content throughout
the development process, or requests additional modifications to the project, the
completion time frame is increased. Other factors that may influence the completion date
of a project include, but are not limited to, complexity of Client’s project(s),
availability of GRUBLEN.COM personnel, accounting status of Client’s account, etc.
If Client does not respond to GRUBLEN.COM communications and, as a result, GRUBLEN.COM is
not able to start or complete the website/software project, Client is still responsible
for all fees incurred including, but not limited to, design purchase price, set-up fees,
enhancements purchased and monthly hosting charges that begin accruing from date of sale.
If Client’s website/software requires custom programming, functionality, flash, e-commerce
or the use of a database, the overall development time will be extended.
While GRUBLEN.COM does not guarantee a time frame for the completion of any custom website
or software project, it may offer an optional expedited service to Client for a fee.
Expedited service is not available for all accounts and all requests for expedited service
must be approved by GRUBLEN.COM at its sole discretion. Client understands and agrees that
Client’s use of expedited service does not guarantee that Client’s website / software
including its corresponding design, enhancements, databases, e-commerce stores, flash, etc,
will be completed more quickly than they would be without the use of the expedited service.
The expedited service fee only ensures that GRUBLEN.COM will make reasonable efforts to
more quickly assign designers and programmers to the account in an effort to facilitate
development than would be the case under the ordinary developmental process.
The successful use of expedited service is contingent upon Client’s timely acceptance of
the Terms of Service, payment of any and all fees due, submission of content through the
online web center and acceptance of any project specification documents prepared by
GRUBLEN.COM and Client’s timely cooperation with GRUBLEN.COM in any solicitation for
information related to the website / software’s development.
If expedited service is offered to Client by GRUBLEN.COM, Client may be presented with an
estimated date of completion. Client understands and agrees that such estimated dates of
completion are estimates only and may apply only to one particular element of the
project, i.e. database, flash, e-commerce, design, programming and not necessarily to
multiple elements of the website or to the website collectively. Under no circumstances
will GRUBLEN.COM guarantee the respective portion or portions of the website / software
subject to the estimated date of completion to be completed sooner than the estimated date
of completion. Should circumstances arise that make it impossible to complete the portion
or portions of the website / software that are subject to the estimated date of completion
by the estimated date of completion, including but not limited to Client failure to
provide GRUBLEN.COM with requested information in a timely manner, GRUBLEN.COM reserves
the right to change the estimated date of completion accordingly or to cancel the
expedited services and refund a portion of the expedited service fee to Client. In no
case shall the portion of the expedited service fee to be refunded be greater than
fifty percent (50%) of the expedited service fee. Regardless of whether work is completed
by the estimated date of completion, Client remains liable to GRUBLEN.COM for any and all
other charges related to the website / software’s development.
Payments & Chargebacks
Bank check, personal check, money order, all major Credit/Debt Cards (Master Card, Visa,
American Express) are all acceptable methods of payment. Prior authorization from
GRUBLEN.COM is required before Client use of a payment by Credit Card.
Payment must be made promptly based on the terms of any development project. If payments
are overdue or Client cancels contract, Client hereby agrees to allow GRUBLEN to charge
Client’s credit card on file to pay for unpaid balance. Client also agrees to waive all
charge back rights regards to any transactions and will follow contract resolution
procedures. Client agrees Most development work will incur a deposit to the amount of
50% of the total project payment. If payment has not been received by 10 days, a follow
up email will be sent. After 28 days of non-payment, the contract may be terminated.
After termination, if the Client wishes to resume, the Client may reinstate the project
by remitting the balance of the invoice and s service reinstatement fee of up to 20% of
total project cost. It is not possible to refund a deposit or any project payment after
thirty (30) days or once we have sent the design or development source code work to the
Client or loaded it into their server. We reserve the right to decide whether a refund is
applicable, if requested by the Client for any reason. If a refund is provided, any
disbursements already paid to 3rd parties by the Company on behalf of the Client
(including but not limited to hosting fees, domain name registration, software purchases)
will not be refundable. If paid by credit card, refunds will be issued to the original
credit card provided at the time of purchase. If your account has been cancelled by us
due to a breach of the terms and conditions on your part, you will not be eligible for
a refund. Phone requests will not constitute acceptance of any cancellation.
All works remain the property of the Company until paid in full. Paymentss that remain
outstanding by the due date will incur late payment interest at the rate of 4.0% until
such time the balance is paid in full and final settlement. We reserve the right to seek
recovery of any payments remaining unpaid sixty days from the date of invoice via
collection agencies and/or through small claims court. In such circumstances, you shall
be liable for any and all additional administrative and/or court costs in the State of
Return checks will incur a US$35 fee charge to cover banking fees and administrative costs.
In an instance of a second returned check, we reserve the right to terminate the arrangement
and, if agreed to, we shall insist on future cash or credit card transactions only.
Consequently, all bookings and/or transactions and agreements entered into will cease
with immediate effect until such time as any and all outstanding monies are recovered
Cancellation Fee and Refund Policy
Refunds of the fees paid for development of the website / software may be issued on accounts
cancelled within 30 days of the initial sale and prior to the completion of the project
according to the following schedule:
A) A minimum of a 50% cancellation fee will be retained by Contractor on cancelled account
even if no work has been started and no content yet submitted by the Client.
B) A minimum of a 75% cancellation fee will be retained by Contractor on cancelled accounts
if work has been presented to the Client; or Contractor has made multiple attempts to work
with the Client, and Client has not responded to those attempts.
C) A 100% cancellation fee will be retained by Contractor and NO REFUND issued if any changes
and/or modifications requested by the Client have been completed by Contractor. No Refund
will be issued on any website / software cancelled after services have been rendered,
including but not limited to, the design work and programming having been completed and/or
the software has been moved to client’s server or transferred to their procession.
D) 100% cancellation fee will be retained and NO REFUND will be issued by Contractor if
Client cancels after 30 days from the initial sale.
MINIMUM CANCELLATION FEE – Client agrees that a minimum cancellation fee of 50%
will be retained by Contractor on all cancelled accounts even if no work has been started.
The cancellation fee is charged to compensate Contractor for up-front expenses and services
rendered, including but not limited to, time costs incurred for project meetings and
analysis, project management, documentation, design and development, employee expenses
and overhead costs.
ENHANCEMENT SALES – A 100% cancellation fee will be retained by Contractor and NO REFUND
will be issued once work has begun on any enhancements purchased, including, but not
limited to, databases, programming, logos, flash, galleries, rollovers, e-commerce stores,
security certificates, design time, domain names, etc. A minimum cancellation fee of 50%
will be retained on cancelled expedited services. Client agrees that a minimum cancellation
fee of 50% will be retained by GRUBLEN.COM on all cancelled enhancement purchases if
cancelled within 30 days of the enhancement sale and if work has not yet begun. NO REFUND
will be issued by Contractor if Client cancels after Contractor days from the enhancement
sale. Enhancements or additional services purchased after the initial sale are separate
purchases and are in addition to and separate from the original sale. If a Client cancels
an enhancement the original sale is not cancelled.
MONTHLY HOSTING – agrees that there is NO REFUND of monthly hosting fees or monthly
additional services fees incurred or paid by the Client prior to cancellation date.
Client agrees that all fees incurred and billed prior to cancellation date are valid and
Client agrees to pay. (See Termination).
By accepting a refund in full or refund less cancellation fee, Client agrees that the matter
is settled in full and releases GRUBLEN.COM, its officers, owners, members, agents and
employees of any and all contractual obligations and waives all claims of any nature,
including legal action, against GRUBLEN.COM’s its officers, owners, members, agents and
Termination of Agreements
Both the Client and ourselves have the right to terminate any Services Agreement for any
reason, including the ending of services that are already underway. No refunds shall be
offered, where a Service is deemed to have begun and is, for all intents and purposes,
underway. If the Client cancels an account before the work is completed or site is live,
a cancellation fee is retained per the Cancellation Fee and Refund Policy (SEE Cancellation
Fee and Refund Policy). Client agrees that all fees incurred and billed prior to
cancellation effective date are valid and Client agrees to pay. Upon request for
termination of services the website will be removed. A back-up copy of the website/software
is not maintained by GRUBLEN.COM.
Client is responsible for testing the functionality of the website / software upon
GRUBLEN.COM’s request for approval, and notification that the website / software has been
completed. This includes, but is not limited to, functionality of all website / software
pages, programmed functionality, database, e-commerce store, payment functions, galleries,
forums and other business software functionalities.
Client website / software design may be posted live as soon as the website design is
completed by GRUBLEN.COM and full design milestone payment is received from Client to
GRUBLEN.COM. Additional features, such as custom database programming, flash programming,
etc., will be added to the site as they are completed. The website / software may be
posted live within 30 days from purchase if GRUBLEN.COM is required to complete content
and design without complete Client input or content from Client.
The Client understands and agrees that if the Client does not respond within 5 business
days to GRUBLEN.COM’s request for approval and notification that the website / software
has been completed and taken live, the website / software along with the functionality
of the website / software and services rendered, will be deemed to be approved by the
Client and Client agrees services have been rendered and the functionality of the
website / software has been tested and approved by the Client.
The Client understands and agrees that if the Client does not respond to requests for
missing information a final notification will be sent to the Client. If the Client does
not respond within 5 business days to GRUBLEN.COM’s notification or requests for
missing information, the website / software, along with the functionality of the
website / software and the services rendered, will be deemed to be approved by the
Client, and the website / software will be taken live with the missing information
“as-is” or “under construction”.
In the event that GRUBLEN.COM completes all of the work per the original sale and database
write ups, GRUBLEN.COM reserves the right to move the site live and deem the work to be
completed without Client’s permission if Client will not give approval of the work.
Scope Change Requests Before and After Website / Software Goes Live
GRUBLEN.COM agrees to build a website / software to specifications quoted per the original
proposal and original project specification document. Any additions or changes requested
outside of the scope of the original sale, either prior to the custom website going live,
or after the site has gone live, will be billed at GRUBLEN.COM’s standard hourly rate.
GRUBLEN.COM is not obligated to complete Client requests or changes outside of the scope of
work on the original proposal. If GRUBLEN.COM does not agree to Client requests or changes,
Client is still obligated to pay all fees incurred and due.
Copyright and other relevant intellectual property rights exists on all text relating to
the Company’s services and the full content of this website.
Neither party shall be liable to the other for any failure to perform any obligation under
any Agreement which is due to an event beyond the control of such party including but not
limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil
unrest, act of civil or military authority, uprising, earthquake, flood or any other natural
or man-made eventuality outside of our control, which causes the termination of an agreement
or contract entered into, nor which could have been reasonably foreseen. Any Party affected
by such event shall forthwith inform the other Party of the same and shall use all
reasonable endeavors to comply with the terms and conditions of any Agreement contained
Failure of either Party to insist upon strict performance of any provision of this or any
Agreement or the failure of either Party to exercise any right or remedy to which it, he or
they are entitled hereunder shall not constitute a waiver thereof and shall not cause a
diminution of the obligations under this or any Agreement. No waiver of any of the
provisions of this or any Agreement shall be effective unless it is expressly stated to be
such and signed by both Parties.
The laws of the State of West Bengal govern these terms and conditions. By accessing this
website you consent to these terms and conditions and to the exclusive jurisdiction of
the Kolkata courts in all disputes arising out of such access. If any of these terms are
deemed invalid or unenforceable for any reason (including, but not limited to the
exclusions and limitations set out above), then the invalid or unenforceable provision
will be severed from these terms and the remaining terms will continue to apply. Failure
of the Company to enforce any of the provisions set out in these Terms and Conditions and
any Agreement, or failure to exercise any option to terminate, shall not be construed as
waiver of such provisions and shall not affect the validity of these Terms and Conditions
or of any Agreement or any part thereof, or the right thereafter to enforce each and every
provision. These Terms and Conditions shall not be amended, modified, varied or
supplemented except in writing and signed by duly authorized representatives of the
Notification of Changes
The Company reserves the right to change these conditions from time to time as it sees
fit and your continued use of the site will signify your acceptance of any adjustment to
changes have been made on our home page and on other key pages on our site. If there are
any changes in how we use our site customers’ Personally Identifiable Information,
notification by e-mail or postal mail will be made to those affected by this change.
changes taking place. You are therefore advised to re-read this statement on a regular
These terms and conditions form part of the Agreement between the Client and ourselves.
Your accessing of this website and/or undertaking of a booking or Agreement indicates
your understanding, agreement to and acceptance, of the Disclaimer Notice and the full
Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.
GRUBLEN.COM is a custom web development company made of
talented custom software developers and UI designers that aim
to provide customized and innovative web applications and standalone apps.
Our goals are simple; to visualize, to execute and to deliver exceptional custom
software to all our clients projects.
© 1986-2021 GRUBLEN.COM
All rights reserved.