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 Trestek Solutions 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: 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; and excludes all liability for damages arising out of or in connection with your use of this 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 Trestek Solutions 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.
Trestek Solutions 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.
DUTIES AND RESPONSIBILITIES
Trestek Solutions shall serve as a contractor of its Clients and shall design, develop, and implement applications software for them according to the functional specifications and related information, if any, and as set forth by the Client.
TERMINATION OF AGREEMENTS AND REFUND POLICY
The Agreements shall terminate upon the occurrence of any of the following events:
(i) In the event either party defaults in any material obligation owed to the other party pursuant to the Agreement, then such an Agreement may be terminated if the default is not cured following at least forty five (45) days written notice to the defaulting party.
(ii) Either party is bankrupt or insolvent, or bankruptcy or insolvency proceedings are instituted against a party and the proceeding is not dismissed within forty five (45) days after commencement.
In the event that the first payment sent by the Client, via Wire Transfer only, is not received by Trestek Solutions for no less than 10 days after the signing of Official Contract then Trestek Solutions holds the complete authority to consider any such contract as void & terminate the entire project immediately.
The Ownership of Application Software and its Confidentiality shall survive the expiration or termination of the Agreements. In the event of early termination due to Trestek Solutions’s default, Trestek Solutions agrees to deliver the Mobile Application Software then completed. Trestek Solutions, in that instance, shall be paid a pro rata share for the work; if the amount cannot be agreed upon, the Client can return the work and the other terms of their contract go into effect.
Upon termination of these Agreements or at any other time upon request, Trestek Solutions will promptly deliver to the Client all notes, memoranda, notebooks, drawings, records, reports, files, documented source codes and other documents (and all copies or reproductions of such materials) in its possession or under its control, whether prepared by Trestek Solutions or others, which contain Confidential Information. Once you have completely finalized your project details with our apps expert and it has already been begun, then any additional requirements that you may ask to include later might result in addition of an extra sum of money to the total amount of your project. Such an amount shall depend on the type and nature of the change you wish to bring to your project.
No refunds shall be offered, where a Service is deemed to have begun and is, for all intents and purposes, underway. Such a service includes, but is not limited to, initial requirement gathering, detailed proposal drafting, ROI strategy, official contract signing, design prototyping, app development, quality assurance, deployment & publishing etc. Once a client signs an official contract with Team Trestek Solutions, it is deemed as a serious decision from his end & if, without any mutual resolution, the client chooses to violate the terms & conditions of the signed contract or decides to cease the project midway, then Trestek Solutions reserves all rights to claim legal damages against such a client or company.
Any monies that have been paid to us which constitute payment in respect of the provision of unused Services shall be refunded upon Trestek Solutions’s sole discretion.
OWNERSHIP OF SOFTWARE
Trestek Solutions agrees that the development of the Mobile & Web Application Software is “work for hire” within the meaning of the Copyright Act of 1976, as amended from time to time, and that the Web & Mobile Application Software shall be the sole property of the Client. Trestek Solutions hereby assigns to the Client, without further compensation, all of its right, title and interest in and to the Mobile Application Software and any and all related patents, patent applications, copyrights, copyright applications, trademarks and trade names in the United States and elsewhere. All versions of the Mobile & Web Application Software shall contain the Client’s conspicuous notice of copyright. As Trestek Solutions pays for the publishing fee of the Client’s application therefore Trestek Solutions publishes the software or application with its own name on “App Store”, “Google Play” or any other related platform; if the Client wishes to publish the Web & Mobile Application Software with his/her name, he/she has to purchase the publishing account and other appropriate licenses and provide the respective credentials to Trestek Solutions in order for Trestek Solutions to publish his/her Web & Mobile Application in the name of the Client. Depending on the nature of the project, Trestek Solutions has the right to charge an extra amount for publishing such application with Client’s name, if required.
We use IP addresses to analyze trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.
Trestek Solutions is acting as an independent contractor with respect to the services provided to its Clients. Neither Trestek Solutions nor the employees, consultants and contractors of Trestek Solutions performing services for the Client will be considered employees or agents of the Client. The Client will not be responsible for Trestek Solutions’s acts or the acts of Trestek Solutions’s employees while performing services under an Agreement.
CHANGE IN SPECIFICATIONS
If the Client requests any changes in specifications, Trestek Solutions will use its best efforts to implement the requested change at no additional expense to the Client and without delaying delivery of the Mobile Application Software. In the event that the proposed change will, in the reasonable opinion of Trestek Solutions, require a delay in delivery of the Mobile Application Software or would result in additional expense to the Client, then the Client and Trestek Solutions shall confer and the Client shall, in its discretion, elect either to withdraw its proposed change or require Trestek Solutions to deliver the Mobile Application Software with the proposed change and subject to the delay and/or additional expense. If the said change is not affecting the on-going project phase, then such a change in specifications will be entertained only after the completion of the phase, the software will be then into.
Trestek Solutions shall provide the Client and its employees with training consultations with respect to the use of the Mobile Application Software as may reasonably be requested by the Client from time to time for after acceptance at no additional costs to the Client. Trestek Solutions shall deliver a detailed user’s manual to the Client on or before completion of acceptance that will enable Client’s employees who are otherwise unfamiliar with the Mobile Application Software to become adequately informed about using the software. All training that Trestek Solutions is required to provide hereunder shall be performed at such locations and at such times as are mutually agreed by both parties. Upon the expiration of the Training Period and following Client’s request, Trestek Solutions will provide any support services necessary to insure Client’s continued use of the Mobile Application Software. Such services will be performed on a time and material basis at Trestek Solutions’s then current hourly rates for such services.
We have several different modes of communication to answer your queries. You may contact us by calling us on our number or by emailing us at email@example.com. These, & other contact information, can be found on the Contact Us link on our 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 herein.
a) Trestek Solutions warrants that for a period, as specified in the official contract, the Mobile Application Software will operate substantially according to the Specifications. After the delivery of such software, a maintenance contract of not more than one year will be substantial to ensure prompt resolution and smooth operation of that software. In the aforementioned scenario, the client is not required to sign a longer maintenance contract as most of the bugs or programming errors appear in the first few months only. b) In the event of any breach of the warranty in the paragraph above, in addition to any other remedy to which the Client may be entitled, Trestek Solutions shall take all action necessary at its expense to cause the Mobile Application Software to operate according to the warranty. c) Trestek Solutions warrants that the Software will not infringe upon any copyright, patent, trade secret or other intellectual property interest of any third party. Trestek Solutions will indemnify and hold the Client harmless from and against all such infringement claims, losses, suits and damages including, but not limited to, attorney’s fees and costs, and shall promptly following any bona-fide claim of infringement correct the Mobile Application Software so as not to be infringing, or secure at its own expense the right of the Client to use the Mobile Application Software without infringement.
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.
NOTIFICATION OF CHANGES