We thank you for showing interest in Discover Excellence LLC (DEXUSA), a boutique firm specializing in web and mobile services and solutions. By accepting our service, you automatically agrees to our terms and conditions. This page mentions the terms and conditions, collectively applicable to both the parties.
Service Acceptance & Acknowledgement
The services offered by Discover Excellence LLC are conditioned only upon your acceptance of the terms and notices contained in this document. We request you to read the agreement carefully, understand the terms and agree that breach of these terms may subject you to discontinue service with us. You should agree that Discover Excellence LLC may change, edit or revise these terms at any point of time at their discretion.
The use of our service is permitted only by people above an age of 18. If you are under 18, please avoid use of our website for any service.
Proposal & Service Requests
Upon acceptance of the proposal, a consumer agrees to the company’s terms and policies. We share an SRS document with you and request to submit mutually agreed requirements used to set the project’s scope. A consumer agrees to the service terms upon approval of the proposed features and service.
We follow all or some of these steps depending on the projects.
- Analysis – information gathering, proposal making and fixing scope
- Design – design and delivery
- Development – design execution and building architecture
- Testing & QA – test the developed system, track bugs and fix
We fix the scope at the start of the project and is not liable for any work that falls beyond the scope. For any further enhancement, you are required to fix additional list of work and make payment separate to the projects original cost.
- Start date: Discover Excellence, LLC aims to provide the service from first business day after the proposal is approved.
- End date: A completion timeline is provided to you in the proposal and we aim to complete by your deadline. If we foresee delay in the delivery date, we make give advance notification or offer compensation in some form upon the original cost of the project.
Delivery Format & Notification
Discover Excellence, LLC offer server transfer service upon completion or provide complete project in .zip file if you want to use the code for transfer later.
Kindly note that a finished project that is kept with us and not claimed may cause further uncertainty and Discover Excellence LLC is not liable for its failure to deliver after 30 days of the project completion. In addition, after the 30 days of completion notice, the project also loses its free maintenance.
Money Back Guarantee
Discover Excellence LLC endeavors to develop the software for you in consideration of the development fees payable by you in the manner mentioned below:
- An initial down payment
- After completion of each milestone
Should any milestone not be completed to your satisfaction, your last milestone payment shall be refunded in full to immediately upon your written request if we are not able to fix the problem to your complete satisfaction. Please note that request of the refund should come within 30 days of the milestone completed.
Bug-Free Coding Warranty
We offer 30 days of free maintenance support and any claim of refund after 30 days is not applicable to us. You cannot claim the refund after 30 days upon project completion and hereby we request you to get the errors fixed and all issues settled within 30 days of project completion.
Please note, we offer 30 days free maintenance support after the launch date of the site. We are not responsible for any damage caused to the site after the lapse of this period.
As an important consideration, the price discussed upon proposal acceptance is final and you are requested to pay additional price of enhancements separately. We invoice you after every delivery and request the release of each milestone payment as the work completes. For correct pricing, please email and discuss the quote before accepting the service contract from your end.
Before we start to work on your project, you should agree to make the initial down payment. On non-completion of the down payment, we are liable not to start the project as per the agreement and wait until the payment is cleared. Also, for the recurring milestones, we request payment made after every delivery, for any delay in clearing the invoice leads to pausing the service for a stipulated period of time. Full payment is required before delivering the project.
Whilst every endeavor will be made to ensure that the application and any scripts or programs are free of errors, Discover Excellence LLC shall not be responsible for any losses incurred due to malfunction, the application or any part of it.
The application, graphics and any programming code, with respect to each milestone, shall remain the property of Discover Excellence LLC. Following each milestone and correspondent payment (in full), all rights, title, and interest of all materials produced for that milestone shall be immediately transferred by Discover Excellence LLC to the client.
DEXUSA shall not be liable for any costs incurred, or loss of earnings due to the failure to meet agreed deadlines due to problems or delays from clients in terms of milestone payment and communication.
DEXUSA shall not be liable for any costs incurred, or loss of earnings due to the unavailability of the application, its servers, software or any material provided by its agents.
Once the application has been designed and completed the final balance of payment shall become due in accordance with our payment terms. There are no exceptions to this, i.e even if the client decides they no longer want the site, though they have commissioned the work and paid a deposit, they shall have to pay the balance payable.
Before deployment we test the code. However the client must test from their end and they are solely responsible for any damaged caused by using this software to any party. The client is expected to test fully any application or programming relating to a site developed by Discover Excellence, LLC before being made generally available for use. Where “bugs”, errors or other issues are found after the site is live, we will endeavor to correct these issues to meet the standards of function outlined in the brief within a reasonable period of time.
Discover Excellence shall endeavor to ensure that any application developed/designed by them will function correctly on the server it is initially installed in and that it will function correctly when viewed with the web browsing software Microsoft Internet Explorer Version 7 and above, Chrome, Opera and Mozilla browsers. We shall not offer any guarantees of correct function with all browser software.
Discover Excellence, LLC undertakes the responsibility not to disclose confidential information of the company to the third party. Hereby, the second party is also liable not to disclose the information of the service provider to any third party.
Software Bug Fixes
Discover Excellence, LLC offers support and maintenance service support for 30 days after the project completion. We provide support for one month after final delivery in order to fix any outstanding bugs or product malfunctions. Enhancement requests would be an additional cost basis. Any claim of bug fixing after 30 days is chargeable.
Also, DEXUSA does not take responsibility for any bug introduced by any party other than DEXUSA due to future modification in source code that has been delivered by us. Also prior to end of 30 days maintenance period if some modification is done with the source code by anybody other than DEXUSA without its prior permission, then DEXUSA is not responsible for rectifying the software without additional charge.
We abide by our maintenance policy and request the clients to agree to these general terms. We offer 30 days of maintenance service and any issues coming beyond this will not be considered. During maintenance, we only offer service for issues arising out of our work. If the code is modified by someone from outside, we will not be held responsible.
All notices and communication needed under this agreement should be in writing.
Limitations Of Legal Liability
Client should acknowledge the following with respect to DEXUSA services:
- In no case should DEXUSA be liable for any damage caused to the website in due course of time after project completion.
- In case of any disputes or differences by and between the parties, it shall be solved amicably to resolve the issue. The second party can’t go to the court for a short budget project or under a specified budget allotted for the project, it is to be resolved amicably and not under court jurisdiction.
- If the issue is not solved amicably, it shall come to an end forever as if it was never made.
Non-payment of the monthly installment and /or breach of terms and condition automatically results in the cancellation of the service. If either of the parties decide to end the project, then it is required to send advance notice, three months in writing.
Discretion Of Modification to Terms & Conditions
DEXUSA at any point of time may modify the use of terms and conditions of the service without any prior notification. You should follow the latest version of the service conditions and in case you do not accept the modified terms and conditions, you may discontinue using our service. If you wish to continue with our service, you are deemed to agree upon and abide by the modified use of conditions DEXUSA states.