Terms & Conditions

Introduction

AWC Web Services Limited T/A IWCS registered in India (Company Number 50694) provides Website design & development, Search Engine Optimisation services, bespoke software development, Training and other similar services, (hereinafter referred to as the “Services”). These Terms and Conditions supersede all previous representations, understandings or agreements unless specifically agreed otherwise by both Parties, in writing. All work is carried out by AWC Web Services Limited on the understanding that the client has agreed to Adhwaitha Web Consultancy Services Private Limited’ terms and conditions. By selecting AWC Web Services Limited services, Client formally agrees to these Terms & Conditions, and any policies, guidelines or amendments thereto that may be necessary from time to time. Should we update the Terms & Conditions in the future, those updates will appear on this page.

Indemnification

The Client agrees that it shall defend, indemnify, save and hold AWC Web Services Limited harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against Adhwaitha Web Consultancy Services Private Limited, its agents, its Clients, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by the Client, its agents, employees or assigns. Client agrees to use Adhwaitha Web Consultancy Services Private Limited’ services and facilities at their own risk and agree to defend, indemnify, save and hold AWC Web Services Limited harmless from any and all demands, liabilities, costs, losses and claims including but not limited to attorney’s fees against AWC Web Services Limited or it’s associates that may arise directly or indirectly from any service provided or agreed to be provided or any product or service sold by the Client or its third parties. Client agrees this indemnification extends to all aspects of the project, including but not limited to website content and choice of domain name.
Client also agrees to defend, indemnify and hold harmless AWC Web Services Limited against any liabilities arising out of injury to person or property caused by any service provided or agreed to be provided or any product or service sold by the Client or third parties, including but not limited to, infringement of copyright, infringement of proprietary rights, misinformation, delivery of defective products or services which is harmful to any person, business, company or organisation.

Governing Law

This agreement shall be governed by Indian Law.

Project

All alterations for websites projects are to be requested in writing either by email or postal mail by the Client. After the specified allowed hours of alterations have been completed, AWC Web Services Limited reserves the right to advise the Client as such and send a separate quotation to the Client and to request payment for any further alterations. AWC Web Services Limited reserves the right to request payment be received for further alterations before continuing work. Additional work requested by the Client which is not specified in the agreed quotation is subject to an additional quotation by the AWC Web Services Limited on receipt of the specification. If the work is needed as part of an existing project then this may the effect timescale and overall delivery time of the project. Upon completion of an agreed design, the Client is asked to confirm in writing by email or postal mail that the design is signed off as complete and agree that any further design alterations are chargeable.

Client agrees to provide any needed information and content required by AWC Web Services Limited in good time to enable AWC Web Services Limited to complete a design or website work as part of an agreed project. AWC Web Services Limited endeavours to create pages that are search engine friendly, however, AWC Web Services Limited gives no guarantee that the site will become listed with search engines or of certain search results. In no event shall AWC Web Services Limited be held liable for any changes in search engine rankings. If an error or issue with the design or code arises during the project which does not allow the design or code to match the original specification, then Client agrees that AWC Web Services Limited can apply a nearest available alternative solution. AWC Web Services Limited reserves the right to assign subcontractors in whole or as part of a project if needed. All communications between AWC Web Services Limited and Client shall be by telephone, email, Skype or postal mail, except where agreed at AWC Web Services Limited discretion.

Project Delivery

The web site design project delivery shall be completed upon receipt of the payment associated with delivery. Delivery may be accomplished by publishing or electronic transfer. The client assumes all responsibility for the use and functionality of the web design project. After site completion, a Client or a third party of their choosing may wish to edit their website code themselves to make updates. However, the Client agrees that in so doing they assume full responsibility for any issues which occur as a result of changing the code themselves.
If Client or a third party of their choosing edits the web site code and this results in functionality errors or the page displaying incorrectly, then AWC Web Services Limited reserves the right to quote for work to repair the website. Client agrees that it is their responsibility to have regular backups of their website made by themselves or the third party hosting services in case of a software or hardware failure at the third party hosting servers.

Project Completion Date

AWC Web Services Limited and the client must work together to complete the web design project in a timely manner. If the client does not supply AWC Web Services Limited with complete text and graphics content for this web design project within 15 days of the date of commencement the entire amount of the agreement becomes due and payable. If the client still has not submitted all the required contents within 30 days after initial payment, an additional continuation fee of 15% of the total agreement price will be assessed for each month until the web design project is published or the client cancels the web design project in writing.

Web Browser

AWC Web Services Limited shall make every effort to ensure sites are designed to be viewed by the majority of visitors. New layouts are tested with older browsers to ensure as much compatibility as possible. Client agrees that AWC Web Services Limited cannot guarantee correct functionality with all browser software across different operating systems. Clients agree that after handover of files any updated software versions of the main browsers Internet Explorer and Mozilla Firefox, domain name setup changes or hosting setup changes thereafter may affect the functionality and display of their website. As such, AWC Web Services Limited 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, domain name or hosting changes.

The scope of Work and Estimation

The Client agrees that changes required over and above the estimated work or required to be carried out after acceptance of the draft proposal will be liable to a separate charge. The Client also agrees that AWC Web Services Limited holds no responsibility for any amendments made by any third party, before or after a design is published. Any indication given by AWC Web Services Limited of a project’s duration is to be considered by the Client to be an estimation only (Approximate date and not the actual completion date). AWC Web Services Limited cannot be held responsible for any project over-runs, whatever the cause. Estimated project duration should be deemed to be from the date that cleared funds are received by AWC Web Services Limited for the initial payment or by date confirmed in writing by Adhwaitha Web Consultancy Services Private Limited.

Payment Terms

Prices are subject to change without notice.

For any work, AWC Web Services Limited requires a payment to be received in advance for the work being carried out and before the handover of files, except where agreed at Adhwaitha Web Consultancy Services Private Limited’ own discretion. The Client chooses either to pay the full cost in one payment or split the cost into 2 payments to be agreed with Adhwaitha Web Consultancy Services Private Limited. Should the cost be split into 2 payments then the first half of the payment is to be received before work commences and the second payment to be received when requested by AWC Web Services Limited half-way through the project before the commencement of further work. Once the final payment has been received and the work finished, the files will be handed over to the Client.

Charges for any additional services over and above the estimated design will become fully payable at the time of estimate or quotation acceptance. Publication and/or release of work carried out by AWC Web Services Limited on behalf of the client, may not take place before cleared funds have been received. Once an invoice is sent to the Client it must either be paid either by bank transfer, cheque made payable to “Adhwaitha Web Consultancy Services Private Limited” and sent with proof of posting to the AWC Web Services Limited postal address or paid online with major credit card via Paypal secure online payment.
All invoices must be paid in full within 7 days of the invoice date, except where agreed at Adhwaitha Web Consultancy Services Private Limited’ own discretion.
AWC Web Services Limited reserves the right to decline further work on a project if there are invoices outstanding with the Client. Clients with accounts in default agree to pay AWC Web Services Limited reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by AWC Web Services Limited in enforcing these Terms and Conditions. All invoices are submitted by email except where required otherwise by regulations or agreed at Adhwaitha Web Consultancy Services Private Limited’ discretion. AWC Web Services Limited reserves the right to remove it’s work for Client from the Internet if payments are not received.

Termination

The client may request that AWC Web Services Limited cancel a project in writing by email or postal mail to AWC Web Services Limited and the project is cancelled only if AWC Web Services Limited confirms work has not been started on the project. If AWC Web Services Limited has begun or completed the work and the Client no longer requires the files but have agreed to the work, they are still obliged to pay AWC Web Services Limited for the work that has been carried out. AWC Web Services Limited reserves the right to terminate a project with a Client at any time without prior notification if it finds the Client in breach of these terms and conditions. AWC Web Services Limited shall be the sole arbiter in deciding what constitutes a breach. No refunds are given in such a situation. If a Client wishes to terminate service from AWC Web Services Limited and transfer their website information elsewhere, AWC Web Services Limited could assist with any data extraction and transfer work subject to Adhwaitha Web Consultancy Services Private Limited’s standard hourly rates.
We do not issue refunds for non-tangible irrevocable goods such as research, design and development work, website listings, advertisements, downloads and other digital goods. As a Client, you are responsible for understanding this upon purchasing any such item or service from us. Deposits for new websites and website re-designs cover initial research, design and development work and are non-refundable. This refund policy does not affect your statutory rights.

Client Acceptance

At the “sign-off” stage the Client will be presented with the completed design. Such materials will be deemed as acceptable and approved unless the Client notifies AWC Web Services Limited to the contrary within 10 working days of the date the materials were made available. Invoices will be provided by AWC Web Services Limited upon completion of any work undertaken. Invoices are due upon receipt. Accounts that remain unpaid thirty (30) days after the date of the invoice will be subject to a service charge for an amount equivalent to Bank Rate + 2% of the outstanding balance.

Client Review

AWC Web Services Limited will provide the Client with an opportunity to review the appearance and content of the Website during the design prototype stage. The Client agrees to allow AWC Web Services Limited to place a small credit on printed material exhibition displays, advertisements and/or a link to Adhwaitha Web Consultancy Services Private Limited’s own website on the Client’s website. This will usually be in the form of a small logo or line of text placed towards the bottom of the page. The Client also agrees to allow AWC Web Services Limited to place websites and other designs, along with a link to the client’s site on Adhwaitha Web Consultancy Services Private Limited’s own website for demonstration purposes and to use any designs in its own publicity.

Copyright

The Client retains the copyright intellectual property rights to data, files and graphic logos provided by the Client, and grants AWC Web Services Limited the rights to publish and use such material. The Client must obtain permission and rights for the use of all information, content, images or files used on the website and in other graphic design media that are copyrighted by a third party. Should Adhwaitha Web Consultancy Services Private Limited, or the Client supply an image, text, audio clip or any other file for use in a website, multimedia presentation, print item, exhibition, advertisement or any other medium believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, the Client will agree to allow AWC Web Services Limited to remove and/or replace the file on the site without notice. The Client agrees to fully indemnify and hold AWC Web Services Limited free from harm in any and all claims resulting from the Client in not having obtained all the required copyright, and/or any other necessary permission.

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 text files delivered on disk or via e-mail) and that all photographs and other graphics will be provided by the Client and will be of sufficient or appropriate quality print suitable for scanning or, alternatively, electronically in .gif, .jpeg, .png or .tiff format. The Client agrees to supply AWC Web Services Limited with all necessary materials, electronic, or otherwise, required to create and complete the project and to supply them in a timely manner. Images must be of a quality suitable for use without any subsequent image processing, and AWC Web Services Limited will not be held responsible for any image quality which the client later deems to be unacceptable. AWC Web Services Limited cannot be held responsible for the quality of any images which the client wishes to be scanned from printed materials. Additional expenses may be incurred for any necessary action, including, but not limited to, photography and art direction, photography searches, media conversion, digital image processing, or data entry services. Although every reasonable attempt shall be made by AWC Web Services Limited to return to the Client any images or printed material provided for use in creation of the Client’s Web site, such return cannot be guaranteed and it is the responsibility of the Client to retain the original or a backup copy or to employ suitable Disaster Recovery procedures.

Access Requirements

If the Client’s Web site is to be installed on a third-party server, AWC Web Services Limited must be granted read/write access to the Client’s storage directories, and those directories must be accessible via FTP or as required for the work to be carried out. Depending on the specific nature of the project, other resources might also need to be configured on the server. Client agrees to pass on FTP details and any other access details relating to their domain name and hosting account which the AWC Web Services Limited requires to upload the website if required as part of a project.

Post-Placement Alterations

AWC Web Services Limited cannot accept responsibility for any alterations caused by any other party to the Client’s website once installed or launched or published. Such alterations include, but are not limited to additions, modifications or deletions. Content should not include any text, images or other data which it deems to be immoral, offensive, obscene or illegal. All advertising material must conform to all standards laid down by all relevant advertising standards authorities. AWC Web Services Limited also reserves the right to refuse to include submitted material without giving a reason. Any images and/or data that AWC Web Services Limited does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the Client is obliged to allow AWC Web Services Limited to remove the contravention without hindrance, or penalty. AWC Web Services Limited is to be held in no way responsible for any such data being included.

Data Backup

AWC Web Services Limited is not responsible for the backup of data on a Client’s website unless specifically agreed in the proposal. The Client must retain copies of all content & databases required for the reconstruction of the website. Websites that need to be restored or reconstructed will incur a charge.

Legal Notice

AWC Web Services Limited does not warrant that the functions contained in the web design project will be uninterrupted or error-free. The entire risk as to the quality and performance of the web design project is with the client. In no event will AWC Web Services Limited be liable to the client or any third party for any damages, including, but not limited to service interruptions caused by Acts of God or any other circumstances beyond our control, any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate this web design project, failure of any service provider, of any telecommunications carrier, of any Internet servers, your or site visitor’s computer or Internet software, even if AWC Web Services Limited has been advised of the possibility of such damages.
The client agrees that the client is solely responsible for complying with such laws, taxes and tariffs, and will hold harmless, protect, and defend AWC Web Services Limited and its subcontractors from any claim, suit, penalty, tax or tariff arising from the client’s exercise of Internet electronic commerce nationally and internationally.

Web Hosting (and Email) Services

AWC Web Services Limited can at its own discretion but is not obliged to, offer domain name registration and hosting via a third party service. The Client agrees that registration of a domain name does not provide an endorsement of the right to use the name. The Client is responsible for ensuring they have due title to the domain name. AWC Web Services Limited holds no liability and the Client hereby agrees to indemnify and hold harmless AWC Web Services Limited from any claim resulting from the Client’s registration of a domain name. The domain name is registered in the Client’s own name, address and contact details. The Client should be aware that a domain name is registered with a third party and as such the Client shall agree to fully abide by the terms and conditions set out by the third party for such services.
Client agrees to take all legal responsibility for use of third party domain name and hosting services and supplies truthful details to the third party services. The Client is liable to pay AWC Web Services Limited for any domain name registrations and the initial set up of the hosting if it is included as part of an accepted project. Any support relating to the domain name, hosting and email services are to be made between the Client and the third party service. Any other domain name and hosting services or costs not included by Adhwaitha Web Consultancy Services Private Limited, including, but not limited to, further domain name registration fees, domain name transfer charges, yearly domain name renewals, hosting charges, yearly hosting renewals, hosting upgrade, extra disk space, bandwidth and any other related or hidden charges are to be paid by the Client to the third party services.
The Client agrees to pay the domain and hosting fees as soon as required by the third party. Any modifications needed to the domain name or hosting services are to be made between the Client and third-party service. The Client agrees that if at any time their contact details including email address change, it is their responsibility to contact the third party and update their contact details. Failure to do so may mean that renewal invoices for the domain and hosting services are not received by the Client. Payment for the domain and hosting services are to be made immediately on receipt of an invoice from the third party service. Failure to comply with the payment terms may result in the Clients domain name becoming available to another party and/or the website and email services becoming unavailable. AWC Web Services Limited reserves the right without notice to cancel, reject or refuse work with domain names or hosting services without reason for such rejection or refusal. Client agrees to be liable for their use of the domain name, hosting and email services with the third party and hereby agrees to indemnify and hold harmless the AWC Web Services Limited from any claim resulting from the Client’s publication of material and use of the domain name, hosting and email services. Client agrees to take full responsibility for all usage of the domain name, hosting and email services and to fully abide by the terms and conditions set out by the third party for such services.

Spamming & hacking

AWC Web Services Limited is not responsible for the loss or damage of data as well as spamming originating from a Clients’ Website due to a hacking attack. The Client will be held responsible for all the content on their website and for any claims or damages resulting from its content.

Disclaimer

AWC Web Services Limited will not be responsible for any damages your business may suffer. AWC Web Services Limited is not liable for any consequences or financial losses such as, but not limited to, loss of business, profit, revenue, contract, data or potential savings, relating to services provided. AWC Web Services Limited makes no warranties of any kind expressed or implied for services we provide. AWC Web Services Limited disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, copyright infringements, security infringements, non-deliveries, wrong delivery, and any and all service interruptions caused by AWC Web Services Limited and its employees or third parties. AWC Web Services Limited reserves the right to revise its policies at any time. We reserve the right to cancel your services at any time without notice. We reserve the right to amend and update these Terms and Conditions at any time without notice. AWC Web Services Limited endeavours to provide a website within the given delivery timescales to the best of its ability. However, the Client agrees that AWC Web Services Limited is not liable for any claims, losses, costs incurred or compensation due to any failure to carry out services within a given delivery timescale. The Client agrees AWC Web Services Limited is not liable for absence of service as a result of illness or holiday. On handover of files from AWC Web Services Limited to Client, the Client shall assume entire responsibility in ensuring that all files are functioning correctly before use. Should Client goes into compulsory or involuntary liquidation or cannot pay its debts in the normal course of business, AWC Web Services Limited reserves the right to cancel forthwith any projects and invoice Client for any work completed. There are laws and taxes which affect Internet e-commerce. Client agrees that it is their responsibility to comply with such laws and will hold harmless, protect, and defend AWC Web Services Limited and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the Client’s exercise of Internet e-commerce. AWC Web Services Limited may from time to time recommend to the Client that updates are needed to their site to comply with, including but not limited to, new legislation, software releases and web standards. AWC Web Services Limited reserves the right to quote for any updates as separate work. Client agrees AWC Web Services Limited is not liable for any failure to inform or implement these updates to their site. Client agrees that it shall defend, indemnify, save and hold AWC Web Services Limited harmless from any and all demands, liabilities, costs, losses and claims arising from omission to inform or implement these updates.