Terms And Conditions
Read the offered visual documents carefully
Please call us at +1 424 570 3050 or +1 424 256 5374 or email us at firstname.lastname@example.org in case of any clarifications.
Our team will contact you shortly to make sure you are all taken care of.
The working agreement between Webigg Technology and the clients will be based on the following terms and conditions excluding all other clauses. Moreover, any change to the conditions will be effective unless that is agreed by both the party in a written manner.
The works will proceed as per confirmed in the Webigg Technology invoice which can easily be found as attached with the order confirmation email.
Legitimacy, Copyright and other Rational properties of our service:
It is expected by Webigg Technology that the clients pursue some study regarding website and how to proceed with it. This part largely includes that the business idea and the website will be operated legally. It comes under the client responsibility to assure the website is not by any means illegal and it is further their liability to confirm the images and the contents supplied by them or used on their websites are easily available. Webigg Technology reserves the right to eradicate any website from its server if that is found to be running illegally.
On those cases where Webigg Technology have purchased pictures for a website as part of the project, those images are to be used only to that site and other uses is restricted by license. The company will not remain liable if that are copied, altered and distributed by any individual.
Webigg Technology will by no means remain responsible for any unfavorable impact on the company profitability or sales or even on business operation that might be imposed on the company service.
Payment of the Project:
The payment for the web development and web designing of a website are charged at various stages of the work by Webigg Technology. Initially, before starting the work 50% of the total due payment needs to be cleared by the clients. After receiving the approval from you and the homepage is accomplished, we charge another 25% of the total amount and the final 25% is claimed by us when the website is entirely ready to go live. The initial deposited amount is non-refundable.
A nominal charge of 1.9% is charged by Webigg Technology for all the payments made by the clients with debit/credit card. It is charged due to the costs bring upon ourselves at the time of receiving the payment. Whereas payments through PayPal and cheques incur no extra charges.
Until the final payment is received by the company, all the rights of design and codes of the website are owned by Webigg Technology.
We use e-mail as the primary means of getting in touch with our clients. You can express all your requirements regarding our services through your project manager email OR our admin email at info@Webigg.com. We have our team members extended in various countries of the world and e-mail is certainly the most effective and cost-effective way to keep contact with them. If you really have any problem that our team member is unable to suitably solve, you can ask for a telephonic support on these numbers; for USA: +1 (424) 570 3050 OR +1 (424) 260 7736 . Adjustment in the time of that particular country is requested.
It is client's liability to inform any change in e-mail address so that we always have valid client detail. Webigg Technology will not be held responsible regarding communication issues if the client didn’t supply the valid contact details.
It is always requested to the clients to keep in touch with team Webigg Technology during the project. On receiving no reply from the client end for 2 weeks, we will take 5 attempts to get in touch with the client through the informed mail id and if the silence persists, may the project will be discontinued and the initial deposit will not be refunded. If the client wish to call his project off for more than 2 weeks then the person must contact us. Remember, the company reserves the right to charge nominal amount if the client wishes to resume the work after the postponement of 2 months.
Designing and Development of Website:
Design is a subjective matter and varies person to person, this is why Webigg Technology offers you unlimited revision of the design which clearly says our employees will keep on working with you until you find the satisfactory design for your website. The revision comes to an end when the client consents with proposed design and home page draft. Changing the design beyond this point is chargeable.
Webigg Technology will provide an estimated time of completion of the project if requested by the client. We also provide client access of the project cycle documentation in order to ensure that the client is completely aware of his responsibilities of finishing the timely development.
OSS (Open Source Software) is software that is generally used by us to suit particular applications. This software may be used to develop and accelerate functionalities in client’s website. In spite of using Open Source Software the customization made by the developers are passed on to the client’s after making the final payment.
Hosting and SEO (Search Engine Optimization):
Webigg Technology will do the hosting of the website only if that is requested by the clients and of course after receiving the full payment. On agreeing to do so, our company will provide a reliable and experienced SEO Service round the clock. Any sort of technical failure isn't included within the service. Most of the standard web hosting by Webigg Technology is restricted within 1GB website space unless it is a special contract with the client.
The contract with Webigg Technology is annually renewable. The renewal date can be calculated 12 months after the date of the website was made live. The client will be contacted 6 weeks before the date of hosting renewal.
The renewal charge of the hosting service must be paid within 10 days of expiry of the service. The right is reserved to the company to deactivate any website once the hosting has expired and the client has not paid the renewal charge. The right is also reserved to the company to charge an administration fee in order to reactivate the hosting.
If the client don't acquire Webigg Technology web hosting service then managing the site and hosting the domain name is the responsibility of the client’s own.
On not seeking to renew the hosting service, the site files and other associated information is made freely available to the client and if requested, the domain name is transferred to the client’s own registrar account. If the client ask us to configure the site and domain name to a third party server, it is the matter of additional charges.
Webigg Technology doesn't take any responsibility of the website rank on the search engines. A downtime of the website can also be the reason for that. Moreover, when updating, creating and hosting a client’s site, there may have significant change in the search engine ranking and the company is not liable for that.
Domain Names and Links:
If requested by the clients a domain name will be registered by Webigg Technology on behalf of the client provide we have received the payment in full. Although the domain name will be registered in the name Webigg Technology nevertheless, the legal owner of the site will be the client. And if it is requested by the client to change details or transfer the domain to somewhere else, it is done within adequate time.
The links and sources provided by us is our own customer’s and that is solely for the convenience of the prospective customers and it is assured that the links are current and accurate. Though it doesn’t depict a client site all the time.
A small text link is placed at the footer of our all client’s websites which clearly mention that the site is designed by Webigg Technology although that is replaceable.
TERM & TERMINATION
The initial term of this Agreement (“Initial Term”) shall be one (1) year beginning on the date of this Agreement. After the Initial Term, unless otherwise agreed to by the parties, this Agreement shall automatically renew for successive terms of equal length as the Initial Term. CLIENT has 30 days following the expiration of the Initial Term to notify WEBIGG TECHNOLOGY in writing of CLIENT’s desire to terminate service with no termination cost related to the monthly fees to CLIENT and no liability to WEBIGG TECHNOLOGY. During any renewal, all terms and conditions of this Agreement shall remain in full force and effect. The Initial Term plus all successive renewal periods during which any Service is provided shall be collectively referred to as the “Term”.
WEBIGG TECHNOLOGY may terminate this Agreement as follows: (i) WEBIGG TECHNOLOGY may terminate, without cause, by giving CLIENT 15 days prior notice; any service not performed by WEBIGG TECHNOLOGY shall be credited to CLIENT, or (ii) WEBIGG TECHNOLOGY may terminate, at any time, upon 5 days prior notice if, in the sole judgment of WEBIGG TECHNOLOGY, CLIENT breaches any material provision of this Agreement and has not cured same by the end of the 5 days; or (iii) WEBIGG TECHNOLOGY may terminate at any time in the event of nonpayment by CLIENT.
CLIENT may terminate this Agreement before expiration of the Term only if the following conditions are satisfied: (i) CLIENT provides 30 days written notice to WEBIGG TECHNOLOGY of its intent to terminate; and (ii) CLIENT pays WEBIGG TECHNOLOGY in full for all Services or Products delivered to CLIENT prior to the termination date; and (iii) CLIENT pays an early termination fee equal to 50% of all remaining Services and Products to be delivered to CLIENT during the Term of this Agreement.
REPRESENTATION & INDEMNIFICATION
Unless otherwise expressly stated, both parties represent that they own all rights, title, and interest in and to any property presented to the other party in furtherance of this Agreement (the “Ownership Representation”).
In the event that a party breaches the Ownership Representation, the breaching party shall indemnify and hold harmless the other party from any liabilities, penalties, demands, or claims finally awarded that may be made by a third party and related to the Ownership Representation. Both parties agree to notify the other party promptly of any written claims or demands against the indemnified party for which the indemnifying party is responsible hereunder. Further, upon receipt of such notice, the indemnifying party shall promptly reimburse the indemnified party for any and all attorneys’ fees, costs, or expenses incurred in defending against any written claim or demand.
CLIENT acknowledges and understands that neither WEBIGG TECHNOLOGY, nor any of its employees, representatives, agents or the like, warrant that the Services offered or provided hereunder will not be interrupted or be error free. WEBIGG TECHNOLOGY shall fix errors caused from its service within 24 hours so long as CLIENT has a support agreement or it is less than 30 days from the date of the CLIENT’s acknowledgement of completion of the project. All websites and applications are designed and coded for a PC and MAC and the latest IE, Firefox, Safari browsers. Beta browsers are not supported. Neither WEBIGG TECHNOLOGY nor any company can guarantee top placement on the search engines through SEO.
The parties agree that, in respect of information and computer programs provided by WEBIGG TECHNOLOGY under this Agreement, except as expressly stated herein, WEBIGG TECHNOLOGY MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE PRODUCTS OR SERVICES, OR THEIR CONDITION, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE OR USE BY ANY CUSTOMER. WEBIGG TECHNOLOGY FURNISHES THE WARRANTIES EXPRESSLY SET FORTH IN THIS AGREEMENT IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Products and Services provided under this Agreement are “as is” with all faults, and the entire risk as to satisfactory quality, performance, accuracy, and effort is with the user of such information or Product or Service.
NON-SOLICITATION OF WEBIGG TECHNOLOGY EMPLOYEES
CLIENT shall not solicit for hire and shall not hire any current WEBIGG TECHNOLOGY employee without WEBIGG TECHNOLOGY’s consent in written form.
Both parties agree that no proprietary information shall be disclosed and shall hold in confidence any and all proprietary information not already in the public domain, including but not limited to trade secrets, intellectual property, creative concepts, design and production processes, marketing information or techniques, price lists, pricing information and estimates and CLIENT lists or other CLIENT information, whether in written, electronic or oral form (“Information”). Both parties agree not to use the Information for any purpose other than the performance of the Services or development of Products for the designated project described in this Agreement. Both parties acknowledge that any disclosure of the Information will cause harm to the party of ownership. As a consequence, the parties agree that if either party fails to abide by the terms of this Agreement, the harmed party will be entitled to specific performance by the party at fault, including issuance of a temporary restraining order or preliminary injunction enforcing this Agreement, and a judgment for damages caused by breach of contract, and to any other remedies provided by applicable law.
Upon termination of this Agreement, to the extent that any party received Information owned by the other party, the receiving party shall destroy any and all Information or copies thereof, and, within 10 days of the termination of this Agreement, certify to the other party as follows: WEBIGG TECHNOLOGY certifies that it does not have in its possession, nor has it failed to destroy, any Information as defined in the Project & License Agreement between WEBIGG TECHNOLOGY and CLIENT.
So long as CLIENT’s balance owed is paid in full, CLIENT shall own all right, title, and interest in the content, layout, and pictures of any Product developed by WEBIGG TECHNOLOGY exclusively for CLIENT where such Product does not use or reference any property, trade secret, or proprietary information owned or used by WEBIGG TECHNOLOGY before the date of this Agreement. Accordingly, upon satisfaction of the prior condition, WEBIGG TECHNOLOGY hereby grants, conveys and assigns to CLIENT all copyrights, trade secrets, patents and other intellectual property rights in such Product and all originals and copies of any such Product shall be provided to CLIENT upon CLIENT’s request or the termination or expiration of this Agreement.
For any Product or Service created and/or delivered under this Agreement that does use or reference any property, trade secret, or proprietary information owned or used by WEBIGG TECHNOLOGY before the date of this Agreement, ownership shall be allocated as follows:
- WEBIGG TECHNOLOGY shall retain all right, title and interest in the developer tools and applications, including but not limited to Strategy Documents, used or supplied by WEBIGG TECHNOLOGY in connection with developing any website.
- For all versions of WEBIGG TECHNOLOGY’s E-Commerce Store, WEBIGG TECHNOLOGY hereby grants to CLIENT a personal, non-assignable, nontransferable, nonexclusive object code license to use such software solely for CLIENT’s internal business purposes in the United States for the Term of this Agreement.
- WEBIGG TECHNOLOGY shall retain all right, title and interest in any framework for any software created under this Agreement. “Framework” means any property used by WEBIGG TECHNOLOGY to develop or create software or websites or Service or any other item for CLIENT under this Agreement where such property used by WEBIGG TECHNOLOGY existed prior to the date of this Agreement. CLIENT shall own all right, title and interest in the end product. “End Product” means the property created above and beyond the Framework. WEBIGG TECHNOLOGY grants to CLIENT a perpetual, personal, non-assignable, nontransferable, nonexclusive object code license to use such Framework solely for CLIENT’s use of the End Product for its internal business purposes in the United States.
LIMITATION OF LIABILITY
Liability of WEBIGG TECHNOLOGY under this Agreement shall be limited to the value of any fees paid by CLIENT to WEBIGG TECHNOLOGY under this Agreement. Under no circumstances shall WEBIGG TECHNOLOGY be liable for lost profits or any incidental, special, punitive, exemplary, or consequential damages, except as set forth in the preceding sentence. Neither party shall be required to indemnify except as required by the express terms of this Agreement.
It is mutually agreed that from time to time WEBIGG TECHNOLOGY will need access to CLIENT personnel and resources to provide project direction and feedback. Should WEBIGG TECHNOLOGY deem the CLIENT as non-responsive, WEBIGG TECHNOLOGY will promptly inform the CLIENT in writing of such required feedback. Should CLIENT not respond within 5 days, WEBIGG TECHNOLOGY shall promptly inform CLIENT that the WEBIGG TECHNOLOGY project resources will be put on hold until such time that CLIENT provides necessary access to personnel or resources and CLIENT promptly informs WEBIGG TECHNOLOGY in writing to re-engage WEBIGG TECHNOLOGY resources in the project. At that time, WEBIGG TECHNOLOGY may have up to 7 days to re-engage such resources.
GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by the laws of Nevada. In the event CLIENT breaches, or threatens to breach this Agreement, WEBIGG TECHNOLOGY may apply to a court of competent jurisdiction for injunctive or other equitable relief to restrain such breach or threat of breach, without disentitling WEBIGG TECHNOLOGY from any other relief in either law or equity. The parties agree that any action related to this Agreement shall be venued solely in the New Delhi High Court, New Delhi, India and the parties hereby irrevocably commit to the jurisdiction of said court for any such action.
In the event of breach of this Agreement by CLIENT, WEBIGG TECHNOLOGY shall be entitled to reimbursement of all of its costs and expenses, including reasonable attorneys’ fees, incurred in connection with such dispute, claim or litigation, including any appeal thereof.
STATUTE OF LIMITATIONS
In the event of an alleged breach of this Agreement, any claim or potential claim must be brought within two (2) years of the termination of this Agreement.
Any notice pursuant to this Agreement shall be in writing and delivered to the addresses designated by the parties in the signature block below.
This Agreement, including any Exhibits or other documents specifically incorporated by reference, sets forth the entire agreement between WEBIGG TECHNOLOGY and CLIENT with respect to the subject matter hereof and supersedes all previous representations, understandings or agreements and shall prevail notwithstanding any variance with terms and conditions of any other prior writing between the parties. If any provision of this Agreement is held to be invalid by a court of competent jurisdiction, then the remaining provisions shall nevertheless continue in full force and effect. The parties may not transfer or assign this Agreement without the prior written consent of the other party to this Agreement. The waiver by either party hereto of any breach of the terms and conditions hereof will not be considered a modification of any provision, nor shall such a waiver act to bar the enforcement of the subsequent breach. WEBIGG TECHNOLOGY may use CLIENT’s name in case studies, press releases and other marketing materials.
Get your website Internet Marketing Analysis Report absolutely FREE!!! Call today: +1 424 570 3050 or Email: email@example.com