By using the website in any manner, including but not limited to visiting or browsing the Site, you (the "User" or "You") agree to be bound by the terms of this Agreement:
The Terms and Condition apply to Users of the website with immediate effect. The Website may revise these Terms and Conditions at any time without any notice by updating this post. User will be bound by any such updates of these terms and conditions.
Users agree that they will use the website for lawful purpose and in lawful manner. While using the website, you abide to the following rules:
are services provided based on Projects that have a Statement of Work and Timeline with a Project initiation date and completion date. Custom Projects includes:
1. Mobile App Development
2. Mobile Product Strategy
3. Strategic Design Consultancy
4. Mobile App QA and Testing
5. Web Portal and Development
6. Connected Devices
OCTALYTE accepts payments using credit cards, wire transfer and check only. Online payments using credit cards and debit cards will only be made where the total project cost is less than $4000. In case the project cost is more than $5000, the total cost will be broken into parts based on project timelines and milestones and will be done through wire or check. All orders will be executed based on the signed contract between the company and the customer. Customer is bind to agree the contract terms for Payment schedule.
Refunds will be applicable only for milestones that have not been delivered to the client as per the contract. After the Contract is signed, Client accepts and understands the project deliverables on a specified time. All approved project deliverables will NOT be included in the refund process including any delays in the deliverables where the delay was caused due to non-availability of client for feedback and issues with 3rd party API/Plug-ins used for integration.
If a dispute arises, OctalyteOCTALYTE goal is to resolve such dispute amicably. Accordingly, you and we agree that we will resolve any claim or dispute that arises between you and the company of this Agreement or the Services (a “Claim”) in accordance with this section, entitled “Resolution of Disputes.” Before resorting to any other alternatives, you agree to first contact us directly to seek a resolution.
YOU AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND OctalyteOctalyte ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND OctalyteOCTALYTE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.
IN NO EVENT SHALL Octalyte, ITS SUBSIDIARIES, OFFICERS, DIRECTORS AND EMPLOYEES BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR WE SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE, THE TOOLS AND SERVICES WE PROVIDE, OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF WE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
You agree to indemnify and hold OCTALYTE (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (i) your use of the Site or Services, (ii) Your Project (iii) Use of any 3rd party API or service used within your project (iv) your violation of this Agreement or any applicable laws. OCTALYTE reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims.
Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. If any part of this Agreement is held to be unenforceable, the unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full force and effect. Nothing in this Agreement or related policies should be deemed to confer rights or benefits on third parties.
OCTALYTE shall not be responsible for the failure to perform or any delay in performance of any obligation hereunder due to labor disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other similar conditions beyond the reasonable control of such party. The time for performance of such party shall be extended by the period of such delay.
User assumes all knowledge of applicable law, including copyright and trademark and patent law, and is responsible for compliance with any such laws federal or local laws that may apply to each User. The User may not use the Site in any way that violates applicable provincial, state, federal, or international laws, regulations or other government requirements. Each User further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is owned by Octalyte, with all rights reserved, or is the property of Octalyte, or other third parties vendors and is protected by intellectual property laws and rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of OCTALYTE is strictly prohibited. Users agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy this website or web pages or the content contained therein without prior written permission of an authorized officer of OCTALYTE. OCTALYTE owned trademarks may not be used in connection with any product or service that is not provided by us, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the business of OCTALYTE. All other trademarks displayed on the Site are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation by OCTALYTE of those particular vendors.
This Agreement constitutes the entire agreement between you and us regarding the use of the Site and Services.