TERMS AND CONDITIONS

Effective Date: June 02, 2024

Welcome to WebExzel. These Terms and Conditions ("T&C") govern your use of our services. By accessing or using our services, you agree to these T&C.

1. Introduction

These T&C apply to all services provided by WebExzel, including web design, development, maintenance, SEO, and other related services. By engaging our services, you agree to comply with these T&C.

2. Scope of Services

We provide a range of web development services, including:

  • Custom web design and development
  • Website maintenance and updates
  • Search Engine Optimization (SEO)
  • E-commerce solutions
  • Content management system (CMS) integration

Specific details of the services to be provided will be outlined in a separate project proposal or agreement.

3. Client Obligations

You agree to:

  • Provide all necessary content, feedback, and access to resources promptly.
  • Ensure that all materials supplied do not violate any copyright or other rights.
  • Respond to our requests and communications in a timely manner to avoid delays in project timelines.

4. Project Timeline

We will provide an estimated timeline for project completion, including key milestones. While we strive to meet all deadlines, we are not liable for delays caused by:

  • Changes in project scope or requirements
  • Delays in receiving client materials or feedback
  • Technical issues beyond our control

5. Revisions and Changes

The project includes a specified number of revisions as outlined in the project proposal. All revision requests must be submitted within 1 week after the completion of each milestone.

6. Payment Terms

  • A deposit of 50 % of the total project cost is required before project commencement.
  • The remaining balance is due upon project completion and before the final delivery of the website.
  • We accept payments via [methods]. Invoices are due within [number] days of receipt.

7. Ownership and Intellectual Property

  • Upon full payment, you will own the final website and its content. This includes all custom graphics, text, and code developed specifically for your project.
  • We retain the right to use the project for our portfolio and promotional purposes.
  • Any third-party software, plugins, or content incorporated into the website will be licensed to you under its respective terms. You are responsible for complying with these third-party licenses.

8. Confidentiality

Both parties agree to:

  • Keep confidential information private and not disclose it to third parties.
  • Use confidential information only for the purposes of fulfilling the obligations of the project.
  • Confidential information includes all business, technical, and financial information disclosed during the course of the project.

9. Termination

Termination by Either Party: Either party may terminate the agreement with [number] days' written notice. This notice must be provided in writing via email or a formal letter. The termination will become effective at the end of the notice period.

  • Payment Upon Termination: In the event of termination, the client will be responsible for payment for all work completed up to the termination date. This includes any work in progress and any expenses incurred by the agency in preparation for fulfilling the project requirements. An itemized invoice will be provided for the completed work.
  • Non-Refundable Deposits: All deposits paid at the beginning of the project are non-refundable. This policy ensures that the agency is compensated for the initial planning, consultation, and any preliminary work performed.
  • Immediate Termination for Breach: We reserve the right to terminate the agreement immediately if you breach any terms of this agreement. A breach may include, but is not limited to, failure to make timely payments, failure to provide necessary materials or information, or engaging in any activities that violate the agreed-upon terms. In such cases, the client will be liable for any costs incurred up to the date of termination.
  • Return of Materials: Upon termination of the agreement, each party will return any property, documentation, or confidential information belonging to the other party.

10. Dispute Resolution

  1. Mediation and Arbitration: Any disputes arising from these Terms and Conditions will be resolved through mediation or arbitration. 
    • Mediation: If a dispute arises, the parties agree to first attempt to resolve it through mediation. Mediation involves a neutral third party (mediator) who assists the parties in negotiating a settlement. Mediation is non-binding, meaning that the mediator does not have the authority to impose a decision. The goal is to reach a mutually acceptable resolution.
    • Arbitration: If mediation fails to resolve the dispute, the parties agree to submit the dispute to binding arbitration. Arbitration involves a neutral third party (arbitrator) who listens to both sides and makes a decision that is legally binding on both parties. The arbitration process is less formal than court proceedings and typically faster and less expensive.
  2. Governing Law and Jurisdiction: The governing law will be the laws of India, and any legal proceedings will take place in Indian Jurisdiction.
    • Governing Law: This agreement and any disputes arising from it will be governed by and construed in accordance with the laws of India. This means that the laws of this jurisdiction will be used to interpret and enforce the terms of the agreement. 
    • Jurisdiction: Any legal action or proceeding related to this agreement must be brought exclusively in the courts of Indian Jurisdiction. This specifies the location where any lawsuits or legal actions must be filed, providing a clear legal venue.
  3. Amicable Resolution: Both parties agree to attempt to resolve disputes amicably before resorting to legal action.
    • Initial Negotiation: In the event of a dispute, the parties will first engage in good faith negotiations to try to resolve the issue amicably. This means they will communicate directly and attempt to find a resolution without involving third parties.
    • Escalation Procedure: If initial negotiations do not resolve the dispute, the parties may agree to escalate the issue to higher levels of management within their respective organizations before proceeding to mediation or arbitration.
  4. Costs of Dispute Resolution: The costs of mediation or arbitration will be shared equally by both parties, unless otherwise agreed.
    • Mediation Costs: Each party will bear its own costs and expenses related to mediation, and the costs of the mediator will be shared equally.
    • Arbitration Costs: Each party will bear its own costs and expenses related to arbitration, and the costs of the arbitrator will be shared equally. However, the arbitrator may decide to allocate costs differently based on the outcome of the arbitration.
  5. Confidentiality: Any mediation or arbitration proceedings will be confidential.
    • Confidential Process: All discussions, communications, and documents related to the mediation or arbitration will be kept confidential and will not be disclosed to any third parties, except as required by law or necessary to enforce a settlement or arbitration award.
    • Non-Disclosure: The parties agree not to disclose any information about the dispute resolution process, including the existence of the dispute, the content of the discussions, or any settlement terms, to anyone not involved in the process.

11. Force Majeure

We are not liable for delays or failure to perform our obligations due to circumstances beyond our control, including but not limited to natural disasters, acts of war, or other unforeseen events.

Examples of Force Majeure Events:

  • Natural Disasters: Earthquakes, floods, hurricanes, tornadoes, wildfires, and other extreme weather conditions.
  • Acts of War and Civil Unrest: War, invasion, acts of foreign enemies, hostilities, civil war, rebellion, revolution, insurrection, military or usurped power, or civil commotion.
  • Government Actions: Actions taken by government authorities such as lockdowns, quarantines, embargoes, or other regulatory actions that impact the performance of contractual duties.
  • Pandemics and Epidemics: Outbreaks of disease that cause widespread health crises and result in restrictions or disruptions to normal activities.
  • Other Unforeseen Events: Any other events that are beyond the reasonable control of the parties and that were not foreseeable at the time of entering into the contract.
  • Notice of Force Majeure Event: The party affected by a Force Majeure event shall notify the other party as soon as reasonably possible, providing details of the nature of the Force Majeure event, its expected duration, and the extent to which the party's performance will be affected.
  • Mitigation of Impact: The affected party shall use reasonable efforts to mitigate the impact of the Force Majeure event and to resume performance of its obligations as soon as reasonably possible.
  • Extension of Time: If a Force Majeure event delays or prevents the performance of any obligations under the contract, the time for performing those obligations shall be extended by a period equal to the duration of the Force Majeure event, provided that the affected party complies with its obligations to notify and mitigate.
  •  
  • Termination Due to Extended Force Majeure: If the Force Majeure event continues for a period of decided time in agreement, either party may terminate the agreement by giving written notice to the other party. In such an event, both parties shall be released from further performance of the contract, except for obligations that accrued before the Force Majeure event.
  • Exclusions: This clause does not excuse any party's obligation to make payments due under the contract or to comply with any confidentiality or intellectual property obligations.

12. Amendments

  • These T&C may be amended with written agreement from both parties. We will notify you of any changes, and your continued use of our services will constitute acceptance of the amended terms.

13. Entire Agreement

  • These T&C, along with any project proposal or agreement, constitute the entire agreement between the parties and supersede all prior understandings and agreements.

14. Contact Information

  • If you have any questions about these T&C, please contact us at CONTACT PAGE.

By considering these essential factors and ensuring detailed coverage of all points, this comprehensive set of Terms and Conditions aims to provide clarity, protect legal interests, and address potential conflicts proactively.

Follow us on Social Media to stay updated.

Facebook Instagram Twitter Linkedin