TERMS AND CONDITIONS

Welcome to WEBTIKS INNOVATIONS LLP!

Please read the terms and condtion before you proceed to place a order for any services offered by Webtiks Innovations LLP, as they will form a contract between us and you. By accessing this website we assume you accept these terms and conditions. Do not continue to use Webtiks if you do not agree to take all of the terms and conditions stated on this page.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: “Client”, “You” and “Your” refers to you (Visitor), the person log on this website and compliant to the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of Netherlands. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

USE OF CONTENT

All logos, brands, marks headings, labels, names, signatures, numerals, shapes or any combinations thereof, appearing in this site, except as otherwise noted, are properties either owned or non-copyrighted or free to use from their parent company or used under license, by the business and/or its associate entities who feature on this Website.

The use of these properties or any other content on this site, except as provided in these terms and conditions or the site content, is strictly prohibited.

ACCEPTABLE WEBSITE USE

(A) Security Rules
Visitors are prohibited from violating or attempting to violate the security of the Web site, including, without limitation, (1) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (2) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (3) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus or “Trojan horse” to the Website, overloading, “flooding”, “mail bombing” or “crashing”, or (4) sending unsolicited electronic mail, including promotions and/or advertising of products or services. Violations of system or network security may result in civil or criminal liability. The business and / or its associate entities will have the right to investigate occurrences that they suspect as involving such violations and will have the right to involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

(B) General Rules
Visitors may not use the Web Site in order to transmit, distribute, store or destroy material (a) that could constitute or encourage conduct that would be considered a criminal offence or violate any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy or publicity of other personal rights of others, or (c) that is libellous, defamatory, pornographic, profane, obscene, threatening, abusive or hateful.

INDEMNITY

The User unilaterally agree to indemnify and hold harmless, without objection, the Company, its officers, directors, employees and agents from and against any claims, actions and/or demands and/or liabilities and/or losses and/or damages whatsoever arising from or resulting from their use of www.webtiks.com or their breach of the terms .

LIABILITY

User agrees that neither Company nor its group companies, directors, officers or employee shall be liable for any direct or/and indirect or/and incidental or/and special or/and consequential or/and exemplary damages, resulting from the use or/and the inability to use the service or/and for cost of procurement of substitute goods or/and services or resulting from any goods or/and data or/and information or/and services purchased or/and obtained or/and messages received or/and transactions entered into through or/and from the service or/and resulting from unauthorized access to or/and alteration of user’s transmissions or/and data or/and arising from any other matter relating to the service, including but not limited to, damages for loss of profits or/and use or/and data or other intangible, even if Company has been advised of the possibility of such damages.

User further agrees that Company shall not be liable for any damages arising from interruption, suspension or termination of service, including but not limited to director/and indirect or/and incidental or/and special consequential or/and exemplary damages, whether such interruption or/and suspension or/and termination was justified or not, negligent or intentional, inadvertent or advertent.

The user agrees that Company shall not be responsible or liable to the user, or anyone, for the statements or conduct of any third party of the service.

What do both parties agree, If visitors or our clients taking our services?

1. The Client agrees to:
i. Provide the Company, within a reasonable timescale, everything that is requested of you to complete the Project including text, images and other information.
ii. Provide the Company with text,  multimedia files, text, images, movies, and sound files etc. should be given by clients in initially.
iii. Review the Company’s work, provide feedback, and signoff Approval in a timely Manner.
iv. Make every effort to adhere to all agreed deadlines.
v. Adhere to the payment schedule laid out on our prices page or agreed separately for bespoke work.
vi. Advise, in advance, of any confidential information to be presented by email, written, or verbally, between both parties. Also, for this to be marked as ‘confidential’ in the Subject of the email, or clearly on any written documents.
vii. Provide a minimum of one month’s notice in writing, or by email should you wish to cancel any contract.
viii. Termination of project or task by client should be requested in a written notice with valid reason. Termination of project may not be considered unless confirmed in writing, The client will be refund with his/her money only with a valid reason and cancellation should be claimed within 3 days from the date of project started, We reserve right if customer fail to claim refund within 3 days then you will be not eligible for refund, and we cannot process amount refund.

ix. Failure of providing required source within time: Webtiks is basically a small firm, to ensure quality work and remain efficient with the task in given timeframe. To do needful with undertaken project of customer we may reject offers for other work and new enquiry to make sure your work is completed within time frame. Its true and we please the customer to provide all the required credential source required to complete the task has to be given as early in advance. In-case client fail to provide required documents and result in project delay then Webtiks reserve the right that we are not responsible for delay in the project. Even though you agree with providing content within time and fail to provide we reserve right we are not responsible for the delay.

x. Lawful Purpose: Client agree or accept that the credential source or any material provided by client for hosting online will not include or contain any abusive, illegal or violence content. It is very clear that webtiks don’t support or publish any content which harm or another, webtiks not develop or support for pornography or any wazer creation. for Customer hereby agree to indemnify.

xi. Copyright and Trademark: Content offered by client to webtiks with unconditionally guarantees that any source like icon, logo, content, trademark, photos, multimedia files or any other work submitted to webtiks to include in customer website or client project are owned by the client , or the customer have access or permission from rightful person to whom the origin file belongs too to use the element , and will hold harmless protect, and defend the webtiks and its sub-contractor from any claim or suit arising from the use of such elements furnished by the client.

xii. Design Credit: Client also agree that Webtiks can add a by-line service or maintenance credit to establish service credit offered by Webtiks.

2. The Company agrees to:
i. Carry out services in a professional and timely manner.
ii. Make every effort to adhere to any deadlines agreed between us and you.
iii. Make a reasonable number of revisions to the design, layout, colors’ etc, until you are satisfied with the design concept or such time as both parties feel an agreement is likely to be reached but no more than 1 major revisions. Additional revisions or design work outside the scope of the project will be charged separately.
iv. Endeavor to complete requested website revisions or updates within 48 hours, wherever possible. Revision entitlement per month is dependent on your support package – out on our prices page
v. Maintain up to date skills and knowledge through regular training and research.

3. Website Design :
i. All websites are developed to work primarily across all major browsers and platforms including other devices such as mobile phones and touchpad. However, the Company cannot guarantee complete and/or long-term compatibility across every major browser, platform or handheld device due to updates/upgrades by their respective vendors.
ii. The Company cannot guarantee compatibility in old or redundant browser software.

4. Database, Application and E-Commerce Development:
i. Webtiks cannot take responsibility for any losses incurred by the use of any software created for the client. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.
ii. Where applications or sites are developed on servers not provided by Webtiks, the client is expected to provide or seek any information, additional software, support or co-operation pertaining to the server required in order for the application to be correctly developed. Where large applications are to be developed, it is the client’s responsibility to provide a suitable testing environment which is identical to the final production environment.
iii. The client is expected to test fully any application or programming relating to a site developed by Webtiks before being made generally available for use. Where “bugs”, errors or other issues are found after the site is live, Webtiks will endeavor (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief.

5. SEO or Digital Marketing:
i. Webtiks cannot take responsibility for any losses incurred by the use of any software created for the client. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.
ii. Where applications or sites are developed on servers not provided by Webtiks, the client is expected to provide or seek any information, additional software, support or co-operation pertaining to the server required in order for the application to be correctly developed. Where large applications are to be developed, it is the client’s responsibility to provide a suitable testing environment which is identical to the final production environment.
iii. The client is expected to test fully any application or programming relating to a site developed by Webtiks before being made generally available for use. Where “bugs”, errors or other issues are found after the site is live, Webtiks will endeavor (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief.
1. Webtiks will provide some recommendations at the end of the gap analysis stage. All input provided need to be incorporated in order to get indexed.
2. Should there be more than 40 Man Hours of development effort involved as part of this service; Webtiks would bill the customer on a time and material basis.
3 Webtiks would need FTP Access for the current site of the customer.
4. Search engine optimization will only refer to organic growth and will take a minimum of 6- 8 weeks to implement.
5. Search engine Marketing would bring more immediate results, should the customer so require. This is a completely separate activity to SEO and is not related to the sub-activities connected to SEO.
6. Webtiks does not guarantee immediate results in less than 6 months.
7. Only if all of Webtiks recommendations are accepted will there be a positive impact on the SEO activities. Failure to comply with even some of them would Mean not proper indexing and Webtiks would not be responsible, should this be the case.
8. Service taxes if any would be extra.
9. A 60 day advance notice is required for termination of the contract.
10. Terms of Payment
a. Invoices will be raised based on agreed payment schedules highlighted earlier
b. All payments to be made at the beginning of every month.
11. It is important that the company receive any information (content) requested within 3-4 business days in order to stay on schedule.
12. It is important that the company have FTP access to your hosting server and they are willing to resolve any server problems promptly.
13. It is important that the company have access to any web statistics software for your website, your Google campaign, etc.
14 We cannot guarantee a definite number of hits per day, but We are confident you will see a dramatic increase in your online marketing efforts, but you may have to be patient, results do not happen the day after the website is complete.
15. Prompt payment is required according to the schedule.
16. If the project is in progress and then canceled, the funds paid up until that time are non-refundable.
17. No web applications or web scripting are included in this project if you wish to receive these services they must be discussed separately.
18. Force Majeure: As applicable for the Software Industry.
19. The above costs do not include the cost of travel, boarding, and lodging that might be incurred during the system study, design and implementation phases. These expenses will be charged to the client on actual expenses incurred if any.
20. The costs do not include the hardware costs and also do not include the costs of the backend databases/software that will have to be purchased to support the development.

6. Payments and Contract Lengths:
i. All payment schedules can be found on our prices page or will be agreed separately for bespoke work.
ii. The company has the right to charge the client up to 85% of the total web development costs, should the client cancel the website agreement after the design concepts have been agreed but prior to the website going live. The scale of the charge will be dependent on what stage the project is at when the cancellation takes place.
iii. Once the site goes live any early cancellation of your standing order during the first 12 months will be deemed a break in contract. In this case, you would be liable for the balance of the contract to be paid with immediate effect plus an admin fee (The admin fee covers time taken to discover the cancellation, generating an invoice and posting)
iv. Alterations to standing order mandates to reflect new or changed contracts are the sole responsibility of the client. Overpayments to the Company as a result of not Updating a standing order mandate will not be reimbursed to the Client. Underpayments or missed payments, however, shall be backdated to the point at which the underpayment or missed payment was discovered and the Client shall be responsible for bringing their account up to date within a reasonable period of time.

7. Photographs and Images:
i. Any images or photographs that you supply should be in digital format, usually no smaller than 1024×768 pixels, with a suitable resolution that will allow them to be resized and used on screen. Traditional paper photographs requiring scanning are acceptable, however, there may be additional costs incurred due to time spent scanning and retouching the images. This depends entirely on the project and the number of images involved.
ii. Any images that the company is asked to obtain from third-party photographers or stock photography will be charged as an additional cost.
iii. The Client guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to the Company for inclusion in their website, or other design, are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, indemnify and defend the Company and its subcontractors from any liability (including solicitors fees and court costs), including any claim or suit, threatened or actual, arising from the use of such elements furnished by the Client.
iv. Evidence of ownership or permissions may be requested by the Company.

8. The Copyright: 
i. The Client will own, or have express permission to use, the text files, images, graphics, and any visual elements, video or sound bites, that you may have sent to us to use in connection with the project.
ii. At the bottom of the website page(s) after payment has been completed, usually, it will say Copyright and the name of your business or company. The company does, however, reserve the right as the Company responsible for the design and/or development to place a small and unobtrusive link at the bottom of your website, thereby not hindering or distracting from your own website design.
iii. As the design company, the company also reserve the right to display and link to your completed project as part of our portfolio, and to write about the project on other websites, in magazine or articles, books, written or digital publications of any design and source. Please inform us in advance of the website going live if you DO NOT want us to add your site to our portfolio of work.

9. Hosting:
i. To ensure superior levels of reliability and performance, all our clients’ websites are hosted on a high speed, state of the art managed dedicated server which utilizes a guaranteed minimum uptime service availability level of 99.95%.

10. Liability:
i. The company will not be held liable for any missed launch date or deadline, if the client has been late in supplying materials, or has not approved or signed off work onetime, at any stage.

11. Confidentiality:
i. The Company adheres to all national and EU data protection, data transfer, data retention, and confidentiality regulations and always stores data sent to us in a secure manner within our security policy.

12. General:
i. A website will not launch until a standing order or BACS payment has been set up unless a special agreement has been reached in advance.
ii. Additional costs for extra features and/or additional design costs, not covered by our standard packages will be agreed and invoiced before the website goes live.
iii. If the Client does not respond to the Company’s request to discuss or choose ongoing support options, the client will automatically be placed on what the company feels is the most appropriate support package.
iv. A small admin fee is payable for switching the client to another hosting provider.
v. Hosting only clients will be charged at our normal hourly rate for any further changes or updates to their website.
vi. There may be an additional fee for any design changes requested after the initial agreed design has been signed off.
vii. The Company is not responsible for writing or inputting any text copy unless this has been specified by the client.
viii. If you are hosting the website elsewhere, the Company cannot guarantee that the Website is fully compatible with all hosting provider’s server operating systems, especially any contact forms, database driven websites, etc.
ix. If the website is to be hosted elsewhere, then you will still pay the same monthly fee as agreed.
x. The company does not offer any technical support for any other website hosting company that you may choose (if you elect not to host the website with us).
xi. The company cannot guarantee that the functions contained within any web page (or part of your website design), will always be error-free, and therefore the company will not be liable in any way whatsoever to you for any third party damages, including lost profits, lost savings, or other incidental, consequential or special damages arising out of the operation of or inability to operate this website and any other web pages, even if you have advised us of the possibilities of such damages.
xii. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. Just the same as a fine, you cannot transfer this contract to anyone else without our Consent or permission.

13. Changes to these Terms and Conditions:
Webtiks reserves the right to add, delete, or modify any provision of these Terms and Conditions at any time without notice. Failure to receive notification of a change does not make those changes invalid.

14. Payment for services
Payment: At the start of the development process for your company website or other services, you need to pay us 50% of the total development costs, the remaining balance of 50% will be given upon the completion of the website or other services. We will start the development immediately upon receiving of the initial payment.
Mode of Payment: Client can give us directly their payment, Online Banking, or can use the following bank information for payment of any services we offered.
Bank Name ‐ State Bank of India
Account Name: WEBTIKS INNOVATIONS LLP
A/C Number: 38855309355
IFSC CODE : SBIN0008438
After the payment, send us the scan copy of the deposit slip through e-mail or call the phone number listed below to inform and notify us.
support@webtiks.com

15. Service Charges.
As per Indian government regulations, some of the payment requires service tax. The client will be informed by mail for such payments.

Cancellation & Refund Policy

Our focus is on complete customer satisfaction. In the event, if you are displeased with the services provided by us, you can request us for cancelation or refund. Please read our cancelation and refund policy carefully before purchasing or making a deal or using our services.

Our Policy for the cancellation and refund will be as follows:

Cancellation Policy

• For Cancellation of website design or website development, or portal development or ERP development or Any Management System Development or any Software development or any development project, please contact us within 3 days from the day you paid an advance payment of your project (the advance payment date) otherwise it will not be cancelled or you would not get full refund.

• For Cancellation of SEO (Search Engine Optimization) or SMO (Social Media Optimization) or any Optimization services:- Cancellation request will be accepted but, requests received after the tenth day of the month will be treated as a cancellation of services for the next month.

• For Cancellation of SEM (Search Engine Marketing) or PPC(Pay Per Click), or SMM(Social Media Marketing) or Facebook marketing services or YouTube marketing services or any marketing services:- Cancellation request will be accepted but, No refund will be given for previous days services.

Refund Policy

• Requesting Refund for website design or website development, or portal development or ERP development or Any Management System Development or any Software development or any development project:- You will get a 100% refund only If, we get a cancelation request within 3 Days from the day you paid an advance payment of your project (the advance payment date), otherwise, you will get 50% only of the total paid amount.

• No Refund will you get for SEO (Search Engine Optimization) or SMO (Social Media Optimization) or any Optimization services.

• No Refund will you get for SEM (Search Engine Marketing) or PPC (Pay Per Click), or SMM (Social Media Marketing) or Facebook marketing services or YouTube marketing services or any marketing services.

Cookies
We employ the use of cookies. By accessing Webtiks, you agreed to use cookies in agreement with the Webtiks’s Privacy Policy. Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.

License
Unless otherwise stated, Webtiks and/or its licensors own the intellectual property rights for all material on Webtiks. All intellectual property rights are reserved. You may access this from Webtiks for your own personal use subjected to restrictions set in these terms and conditions.

You must not:

• Republish material from Webtiks
• Sell, rent or sub-license material from Webtiks
• Reproduce, duplicate or copy material from Webtiks
• Redistribute content from Webtiks

This Agreement shall begin on the date hereof.

Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. Webtiks does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of Webtiks,its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, Webtiks shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.

Webtiks reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.

You warrant and represent that:

• You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
• The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
• The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
• The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

You hereby grant Webtiks a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.

Hyperlinking to our Content
The following organizations may link to our Website without prior written approval:

• Government agencies;
• Search engines;
• News organizations;
• Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
• System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.

These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.

We may consider and approve other link requests from the following types of organizations:

• commonly-known consumer and/or business information sources;
• dot.com community sites;
• associations or other groups representing charities;
• online directory distributors;
• internet portals;
• accounting, law and consulting firms; and
• educational institutions and trade associations.

We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Webtiks; and (d) the link is in the context of general resource information.

These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.

If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to Webtiks. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.

Approved organizations may hyperlink to our Website as follows:

• By use of our corporate name; or
• By use of the uniform resource locator being linked to; or
• By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.

No use of Webtiks’s logo or other artwork will be allowed for linking absent a trademark license agreement.

iFrames
Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.

Content Liability
We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

Reservation of Rights
We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amen these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.

Removal of links from our website
If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.

We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.

Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:

• limit or exclude our or your liability for death or personal injury;
• limit or exclude our or your liability for fraud or fraudulent misrepresentation;
• limit any of our or your liabilities in any way that is not permitted under applicable law; or
• exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.

As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.