WEBEXA DIGITAL – LEGAL AGREEMENT
Effective Date: 04-02-2025
Last Updated: 04-02-2025
This Terms and Conditions Agreement (“Agreement”) governs the relationship between WEBEXA DIGITAL (“Company,” “We,” “Us,” “Our”) and any client, user, or business entity (“You,” “Client,” “User”) engaging with our services. By accessing or using our services, you agree to the terms outlined in this document.
1. DEFINITIONS & INTERPRETATION
1.1 Company: WEBEXA DIGITAL, a legally registered entity providing software development, digital marketing, and IT services.
1.2 Client: Any individual, business, or organization entering into a contractual agreement with WEBEXA DIGITAL.
1.3 Project: The agreed-upon services or deliverables provided by WEBEXA DIGITAL under a proposal, contract, or service agreement.
1.4 Intellectual Property (IP): Software, code, designs, trademarks, marketing materials, and any digital content created or used by WEBEXA DIGITAL.
1.5 Confidential Information: Any non-public information disclosed during the course of the project.
2. SERVICES PROVIDED
WEBEXA DIGITAL offers the following services:
Software Development Services:
- Custom Software Development
- Mobile App Development (iOS, Android, Hybrid)
- Website Design & Development (Custom websites, eCommerce, WordPress, Shopify, etc.)
- SaaS & Enterprise Solutions
- AI/ML & Blockchain Development
- UI/UX Design & Prototyping
Digital Marketing Services:
- Search Engine Optimization (SEO)
- Google Ads, PPC Campaigns
- Social Media Marketing (Facebook, Instagram, LinkedIn, etc.)
- Email Marketing & Content Strategy
- Content Marketing
- Branding, Graphic Design, and Video Marketing
WEBEXA DIGITAL reserves the right to modify, update, or discontinue any service at its discretion.
3. CLIENT RESPONSIBILITIES
3.1 Project Requirements: Clients must provide complete and clear project requirements. Any modifications post-agreement may be subject to additional costs.
3.2 Content & Licensing: The client is responsible for providing legally owned or licensed content, images, and materials. WEBEXA DIGITAL is not responsible for copyright violations due to client-supplied content.
3.3 Timely Communication: The client must respond to requests, approvals, and inquiries within a reasonable time to avoid delays.
4. PAYMENT TERMS
4.1 Payment Schedule:
- 50% advance before project initiation.
- 30% upon completion of major milestones.
- 20% upon final delivery/deployment.
4.2 Late Payments & Penalties:
- Payments must be made within 7 days of invoicing.
- A 5% late fee may be applied to overdue invoices.
- Non-payment beyond 30 days may result in service suspension.
4.3 Refund Policy:
- No refunds once the project development has commenced.
- Digital marketing services, once executed, are non-refundable.
- Partial refunds may be considered before work starts, subject to administrative fees.
5. INTELLECTUAL PROPERTY RIGHTS (IPR)
5.1 Ownership of Work:
- Software Development: Until full payment, all software, code, and designs remain the intellectual property of WEBEXA DIGITAL.
- Digital Marketing Assets: Campaigns, ad creatives, and SEO work are owned by WEBEXA DIGITAL until full payment is received.
- Clients receive a non-exclusive, royalty-free license to use the final deliverables upon full payment.
5.2 Source Code & Licensing:
- Source code is provided only if explicitly stated in the contract.
- Third-party software, plugins, and APIs used are subject to their respective licenses.
5.3 Trademarks & Branding:
- Any trademarks, logos, or brand assets created remain the property of WEBEXA DIGITAL until payment completion.
6. CONFIDENTIALITY & DATA PROTECTION
6.1 Non-Disclosure Agreement (NDA):
- Both parties agree to keep confidential information private and not disclose it to third parties.
6.2 Data Security Compliance:
- WEBEXA DIGITAL follows industry standards and GDPR/IT Act, 2000 compliance for data protection.
- However, we are not liable for third-party breaches or cyberattacks.
6.3 Backup Policy:
- Clients are responsible for their own backups unless a backup service agreement is signed.
7. SOFTWARE WARRANTY & SUPPORT
7.1 Warranty Period:
- 30-day free bug fixes post-project completion.
- Any new feature requests or modifications will be charged separately.
7.2 Technical Support:
- Support is available during business hours (Mon-Fri, 10 AM – 6 PM IST).
- After-hours or emergency support will incur additional fees.
7.3 Hosting & Domain Services:
- WEBEXA DIGITAL is not responsible for server failures, downtime, or security breaches caused by third-party hosting providers.
8. TERMINATION & BREACH OF CONTRACT
8.1 Termination by Client:
- Clients may terminate the contract with 30 days’ written notice.
- No refunds will be issued for completed work.
8.2 Termination by WEBEXA DIGITAL:
- We may terminate services if the client:
- Fails to make timely payments.
- Engages in illegal or unethical activities.
- Breaches confidentiality or licensing agreements.
8.3 Legal Recourse:
- Any contract breach will be subject to legal action as per Indian law.
9. LIABILITY LIMITATIONS
9.1 No Guarantees in Digital Marketing Results:
- We do not guarantee SEO rankings, ad conversions, or ROI.
- Digital marketing results vary based on industry trends and market conditions.
9.2 Third-Party Failures:
- We are not responsible for issues caused by third-party software, APIs, payment gateways, or hosting providers.
9.3 Maximum Liability:
- Our liability is limited to the total project fees paid by the client.
10. FORCE MAJEURE
WEBEXA DIGITAL is not liable for delays or service failures due to uncontrollable events, including but not limited to:
- Natural disasters
- Internet or power outages
- Cybersecurity attacks
- Government regulations
11. GOVERNING LAW & DISPUTE RESOLUTION
11.1 Jurisdiction:
- This Agreement shall be governed by Indian Law, and disputes shall be handled in Hubli, Karnataka courts.
11.2 Arbitration Clause:
- Disputes shall be resolved through arbitration under the Arbitration and Conciliation Act, 1996.
12. CONTACT INFORMATION
For legal matters, disputes, or inquiries, contact:
📍 WEBEXA DIGITAL
📧 Email: contact@webexadigital.com
🌐 Website: www.webexadigital.com
📞 Phone: +91 8147848772