Terms of Service

1. Scope of Work & Quotations

• Every project is delivered strictly according to the written scope, feature list and quotation agreed on WhatsApp, email or in writing. Anything not explicitly listed is out of scope and will be quoted separately.
• Quotations are valid for 15 days and are estimates based on the information provided. Any change in requirements ("scope creep") will be charged additionally at our prevailing rates.
• Timelines are good-faith estimates, not guarantees. They depend on the Client providing content, approvals and feedback on time.

2. Payments

• A minimum 50% advance is payable before work begins and is strictly non-refundable, as it secures our time, tools and resources.
• The balance is payable on completion, before final delivery, deployment, or handover of files/source code.
• Larger projects may be billed in milestones; each milestone payment is due on that milestone's completion and is non-refundable once that stage is delivered.
• All prices are in Indian Rupees (₹) and are exclusive of GST and any applicable taxes, which the Client shall bear where charged.
• Late payments beyond 7 days may attract suspension of the project, the website, and/or hosting, plus an interest/late fee at our discretion.

4. Client Responsibilities

• The Client must provide all required content (text, images, logos, products, credentials) in usable form and in a timely manner. Project delays caused by the Client do not entitle the Client to any refund or compensation.
• The Client warrants that all material supplied to us is owned by them or duly licensed, and is lawful. The Client is solely responsible for the legality, accuracy and licensing of all content, and indemnifies us against any claim arising from it.
• The Client is responsible for the security of passwords and accounts handed over to them after delivery.

5. Revisions

• Reasonable minor revisions are included only as specified in the chosen package (typically up to 2 rounds).
• Additional revisions, redesigns, or change requests after approval will be billed at our hourly/project rate.
• Approval of a design or stage by the Client is final for that stage; a later change of mind is chargeable.

6. Intellectual Property & Ownership

• All deliverables, designs, code and files remain the property of KumaonWebServices until the project is paid in full. Ownership of the final delivered website transfers to the Client only upon receipt of full and final payment.
• We retain the right to reuse generic code, components, frameworks, libraries, techniques and know-how developed by us in other projects.
• Unless agreed otherwise in writing, we reserve the right to display the completed work in our portfolio and to place a small, tasteful "Built by KumaonWebServices" credit in the website footer.
• Third-party components (plugins, fonts, libraries) remain under their own licences.

7. Refunds & Cancellation

Full details are in our separate Refund & Cancellation Policy, which forms part of these Terms. In summary: advances and completed-milestone payments are non-refundable once work has commenced.

8. Warranty & Support

• We provide a free bug-fix warranty of 15 days from delivery, covering only defects in our own original work. This does not cover new features, content changes, third-party breakage, server issues, or problems caused by the Client or others editing the site.
• Ongoing support, updates, backups and maintenance are not included after the warranty period and require a separate maintenance plan.

9. Disclaimer & Limitation of Liability

• All services are provided "as is" and "as available", without warranties of any kind beyond those expressly stated here.
• We do not guarantee any specific business outcome, sales, footfall, enquiries, search-engine ranking, or revenue. Local SEO and CRM results depend on factors outside our control.
• We are not liable for downtime, data loss, hacking, or failures of third-party services (hosting, domain registrars, payment gateways, APIs, WhatsApp/SMS providers) — these are outside our control.
• We are not responsible for any loss caused by the Client's own actions, edits, credential mishandling, or failure to pay hosting/renewal charges.
• To the maximum extent permitted by law, our total aggregate liability for any claim is strictly limited to the amount actually paid by the Client to us for the specific service giving rise to the claim. We are not liable for any indirect, incidental, consequential, special or business/profit losses.

10. Confidentiality

Both parties agree to keep each other's non-public information confidential. We will not share Client data with third parties except as required to deliver the service, as described in our Privacy Policy, or as required by law.

11. Force Majeure

We are not liable for delay or failure caused by events beyond our reasonable control, including internet/power outages, hosting-provider failure, natural events, government action, or illness.

12. Governing Law, Jurisdiction & Dispute Resolution

These terms are governed by the laws of India. The parties will first attempt to resolve any dispute amicably. Failing that, any dispute shall be referred to and finally resolved by arbitration by a sole arbitrator appointed by us, under the Arbitration and Conciliation Act, 1996, with the seat and venue of arbitration at Haldwani, Nainital District, Uttarakhand, and proceedings conducted in English. Subject to the above, courts at Nainital District, Uttarakhand shall have exclusive jurisdiction over any matter not covered by arbitration (including interim relief).

13. Changes to These Terms

We may update these terms at any time. The version in force at the time of your engagement applies to your project. Continued use of our services constitutes acceptance of the latest terms.

Questions about these terms? Contact us on WhatsApp (+91 94082 22151) or kumaonwebservices@gmail.com before engaging our services.