TERMS OF SERVICE : LATEST UPDATION – 09-10-2024
1. Non-Refundable Payment Provisions
Clause 1.1: It is hereby expressly stated that all payments, including the initial deposit (token amount) and the full project fee, are strictly non-refundable. This applies to all project stages and ancillary costs, including but not limited to server fees, domain purchases, manpower, or other resource expenditures.
Clause 1.2: No refunds shall be made for the time and effort allocated by The Website Makers to the development, design, and configuration of the Client’s project, irrespective of project status, satisfaction, or termination by the Client.
2. GST Exclusion and Additional Surcharges
Clause 2.1: Unless otherwise specified, all quoted prices are exclusive of Goods and Services Tax (GST). Should the Client request a GST-compliant invoice, an additional 18% shall be applied to the total project cost. This surcharge is non-negotiable.
Clause 2.2: Failure to remit GST charges within the agreed payment schedule will result in an immediate suspension of services until the total balance, including GST, is cleared in full.
3. Payment Structure and Project Delivery
Clause 3.1: Following the completion of Phase 1 (preliminary design and format), the Client must settle the remaining balance for Phase 2 before the final project is delivered. No final delivery of assets or the website shall occur until full payment has been received.
Clause 3.2: The Website Makers reserves the right to withhold the final product and all related materials should the Client fail to adhere to the payment terms outlined herein.
4. Suspension of Services Due to Non-Payment
Clause 4.1: In the event that payment is not made within two (2) to three (3) days following the completion of any project phase, The Website Makers reserves the unassailable right to suspend services without prior notice. Such suspension will remain in effect until all outstanding dues, including any interest or penalties, are cleared.
Clause 4.2: The Client acknowledges that any suspension due to non-payment does not entitle them to a refund of any payments made, nor shall it be deemed a breach of the Agreement by The Website Makers.
5. Tacit Acceptance via Financial Transaction
Clause 5.1: By initiating payment of the initial token amount or deposit, the Client automatically and irrevocably accepts all terms and conditions outlined in this Agreement. Written acceptance is not required as the act of payment constitutes binding consent to the Agreement.
Clause 5.2: Upon financial onboarding, the Client forfeits any right to dispute the terms and conditions herein, including non-refundable clauses, revision policies, and intellectual property ownership.
6. Client Responsibilities and Communication
Clause 6.1: The Client is obligated to provide all necessary materials, content, and approvals in a timely manner as per The Website Makers’ request. Failure to do so will be deemed a breach of this Agreement, entitling The Website Makers to terminate the project without refund.
Clause 6.2: In cases where the Client fails to provide responses, materials, or clarifications, The Website Makers reserves the right to cancel the project. In such instances, all payments made will remain non-refundable.
7. Ownership and Intellectual Property
Clause 7.1: All designs, code, and related intellectual property developed during the project shall remain the exclusive property of The Website Makers until the project is fully paid for. Upon cancellation or termination, all rights to the website, including drafts, shall revert to The Website Makers.
Clause 7.2: The Website Makers reserves the right to reuse or repurpose any designs or assets from a terminated project, and the Client shall have no claim to these materials post-cancellation.
8. Client Dissatisfaction and Termination Rights
Clause 8.1: Should the Client wish to terminate the project for any reason, they may do so. However, no refunds will be provided, and The Website Makers will retain full ownership of all designs and project materials.
Clause 8.2: In the event of termination, the Client acknowledges that they forfeit any rights to the project, including any in-progress or completed designs, and these shall remain the property of The Website Makers.
9. Legal Consequences of Deletion or Misuse of Delivered Work
Clause 9.1: Should the Client delete or misuse any work delivered by The Website Makers without prior consent, legal action will be pursued. This includes unauthorized removal of the website from the Client’s server or any attempts to claim ownership of designs without fulfilling payment obligations.
10. Post-Phase 2 Changes and Revisions
Clause 10.1: Once Phase 2 (the final phase) is completed and the project delivered, The Website Makers shall charge additional fees for any further changes or revisions requested by the Client.
Clause 10.2: The Website Makers allows a maximum of two (2) revisions during the initial draft phase of the project. Any errors identified after completion will be corrected at no additional cost, but any additional design changes will incur further charges.
11. Indemnification and Legal Jurisdiction
Clause 11.1: The Client agrees to indemnify The Website Makers, its employees, agents, and affiliates from any claims, damages, or liabilities arising from the Client’s failure to comply with this Agreement.
Clause 11.2: This Agreement shall be governed by the laws of Andhra Pradesh, and any disputes shall be subject to the jurisdiction of the courts in West Godavari District.