Terms & Conditions

The following terms and conditions apply to all projects and services provided by Web Works India.

Definition

“we”, “Web Works India”, “IQL”, “IQL Technologies”, “IndiaTap”, “IndiaTap.com”, used synonymously, is a privately held, limited liability entity operating under “IQL Technologies Private Limited” with its registered office in NewDelhi.

“Client” is any person, agency, company, legal entity or institution availing the services of Web Works India

1. Acceptance

It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.

Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.

1. Charges

Charges for services to be provided by Web Works India are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 30 days. Web Works India reserves the right to alter or decline to provide a quotation after expiry of the 30 days.

Unless agreed otherwise with the Client, all website design services require an advance payment total due upon completion of the work, prior to upload to the server or release of materials.

Charges for application stores like Google Play, Apple App Store along  with charges for items such as themes, graphic etc are to be paid by the client.

Payment for services is due by cheque or bank transfer. Cheques should be made payable to IQL Technologies Private Limited and sent to 2/2 Level 5, Sarai Julena, New Friends Colony Delhi 110025, India. Bank details will be made available on invoices.

3. Turnaround Time and Content Control

Web Works India will install and publicly post or supply the Client’s website.

In return, the Client agrees to delegate a single individual as a primary contact to aid Web Works India with progressing the commission in a satisfactory and expedient manner.

During the project, Web Works India will require the Client to provide website content; text, images, and/or other files required for the project

4. Failure to provide required content:

Web Works India is a small business, to remain efficient we must ensure that work we have programmed is carried out at the scheduled time. On occasions we may have to reject offers for other work and enquiries to ensure that your work is completed at the time arranged.

This is why we ask that you provide all the required information in advance. On any occasion where progress cannot be made with your project because we have not been given the required information in the agreed time frame, and we are delayed as result, we reserve the right to impose a surcharge of up to 100%. If your project involves Search Engine Optimization we need the text content for your site in advance so that the SEO can be planned and completed efficiently.

If you agree to provide us with the required information and subsequently fail to do within one week of project commencement we reserve the right to close the project and the balance remaining becomes payable immediately. Simply put, all the above condition says is do not give us the go ahead to start until you are ready to do so.

Using our content management system you are able to keep your content up to date yourself.

5. Payment

Invoices will be provided by Web Works India upon completion but before publishing the live project. Invoices are normally sent via email; however, the Client may choose to receive hard copy invoices. Invoices are due upon receipt. Accounts that remain unpaid thirty (30) days after the date of the invoice will be assessed a service charge in the amount of the higher of five percent (5%) or Rs. 4000 per month of the total amount due.

6. Additional Expenses

Client agrees to reimburse Web Works India for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography etc.

7. Web Browsers

Web Works India makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Internet Explorer 8 & 9, Google Chrome, etc.). Client agrees that Web Works India cannot guarantee correct functionality with all browser software across different operating systems.

Web Works India cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website have been designed and handed over to the Client. As such, Web Works India reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.

8. Hosting

Whenever a hosting or a domain name is provided for free in any website package, the client is not allowed to have access to file/codes/hosting/cpanel other than the CMS like wordpress. The client is not licensed to download, access or modify theme files. Access to files and domain should be bought by client separately, the charges for which will be quoted separately. In case the client wishes to change the hosting, they CAN NOT download the files from the website we created and a transfer charge is to be quoted for separately for this purpose.

9. Support

Our support will remain available only during working hours (10am-6pm, Mon-Fri) which may be changed from time to time. The support is provided to only those clients who buy it separately as the support is NOT free.

10. Social Media

Whenever the social media services are provided, the client is responsible for the the content. We only create the social media handles for client to use.

11. Revisions

Any items marked as “Free”, OR the items that comes in a bundled package can’t have revisions and are provided as is. For revisions, the charges are to be paid separately

12. SSL

We do not provided SSL to the client separately unless otherwise mentioned. Common SSL protects all the website hosted on our hosting

13. Updates in Future

There is a limit to the number of update request. An update an be requested free of charge once in 6 month. Any further updated requires payment quoted separately.

14. Default

Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on Web Works India’s Web space, Web Works India will, at its discretion, remove all such material from its web space. Web Works India is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account. Cheques returned for insufficient funds will be assessed a return charge of Rs. 4000, and the Client’s account will immediately be considered to be in default until full payment is received. Clients with accounts in default agree to pay Web Works India reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Web Works India in enforcing these Terms and Conditions.

15. Termination

Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. E-mail or telephone requests for termination of services will not be honored until and unless confirmed in writing. The Client will be invoiced for design work completed to the date of first notice of cancellation for payment in full within thirty (30) days.

16. Indemnity

All Web Works India services may be used for lawful purposes only. You agree to indemnify and hold Web Works India harmless from any claims resulting from your use of our service that damages you or any other party.

17. Copyright

The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Web Works India the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting Web Works India permission and rights for use of the same and agrees to indemnify and hold harmless Web Works India from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the Client to Web Works India that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.

18. Standard Media Delivery

Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format (ASCII/UNICODE) text files delivered on USB or via e-mail) and that all photographs and other graphics will be provided in high quality suitable for editing electronically in .gif, .jpeg, .png or .tiff format. Although every reasonable attempt shall be made by Web Works India to return to the Client any images or printed material provided for use in creation of the Client’s website, such return cannot be guaranteed.

19. Design Credit

A link to Web Works India will appear in either small type or by a small graphic at the bottom of the Client’s website. If a graphic is used, it will be designed to fit in with the overall site design. If a client requests that the design credit be removed, It will be removed in a weeks’ time. In case when a client’s wensite does not link to Web Works India’ website and a confirmation email/call is made from a potential client of Web Works India, the client agrees to confirm the same. The Client also agrees that the website developed for the Client may be presented in Web Works India’ portfolio.

20. Access Requirements

If the Client’s website is to be installed on a third-party server, Web Works India must be granted temporary read/write access to the Client’s storage directories which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.

21. Post-Placement Alterations

Web Works India cannot accept responsibility for any alterations caused by a third party occurring to the Client’s pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.

22. Domain Names

Web Works India may purchase domain names on behalf of the Client. Payment and renewal of those domain names is the responsibility of the Client. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of Web Works India. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.

23. General

These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s signature below or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment made through any mode constitute an acceptance of our terms and conditions.

24. Governing Law

This Agreement shall be governed by Indian Law.

25. Liability

Web Works India hereby excludes itself, its Employees and or Agents from all and any liability from:

• Loss or damage caused by any inaccuracy;
• Loss or damage caused by omission;
• Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site;
• Loss or damage to clients’ artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.

The entire liability of Web Works India to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.

26. Severability

In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid.