Terms of Services
1. Acceptance of terms
1.1. By accessing or using the GigaWebZone LLP website (gigawebzone.com), any related subdomains, features, content, applications, and services (collectively, the “Services”), whether as a visitor, user, or client, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service (“Terms”). These Terms constitute a legally binding agreement between you (“you” or “your”) and GigaWebZone LLP (“we,” “us,” or “our”).
1.2. If you are using the Services on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. In such a case, “you” and “your” will refer to that entity, and you agree to these Terms on that entity’s behalf.
1.3. If you do not agree to all of the terms and conditions of these Terms, then you may not access the website or use our Services. Our offer of Services is expressly conditioned upon your acceptance of these Terms, to the exclusion of all other terms. No terms or conditions stated in any other document shall be binding upon us unless specifically agreed to in writing and signed by a duly authorized representative of GigaWebZone LLP.
2. Services Provided
2.1. GigaWebZone LLP is a website design and development agency offering a range of digital services. These services may include, but are not limited to:
- Custom WordPress Development: Designing, developing, and customizing WordPress websites that reflect your brand, engage your audience, and drive conversions. [cite: 42, 43, 44]
- Â E-commerce Solutions with WooCommerce: Building secure, user-friendly online stores to facilitate online sales and expand your business. [cite: 48, 49, 50]
- E-learning Portal Development: Creating interactive e-learning platforms to deliver knowledge and training online. [cite: 45, 46, 47}
- Membership and Community Website Development: Developing websites that foster online communities and manage membership access. [cite: 51, 52]
- Â Booking and Appointment Website Development: Building online booking systems to streamline scheduling and appointment management. [cite: 53, 54]
- WordPress Maintenance and Update Services: Providing ongoing support, security updates, and performance optimization for WordPress websites. [cite: 55, 56, 57]
2.2. The specific details, scope, deliverables, and timelines of the Services to be provided to you will be outlined in a separate agreement, proposal, statement of work, or other mutually agreed-upon document (each, an “Agreement”). The Agreement will detail the project specifications, milestones, and any specific terms and conditions relevant to your project.
2.3. We reserve the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that we shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Services. We will make reasonable efforts to notify you of any material changes to the Services.
3. Client Responsibilities
3.1. You agree to provide accurate, current, and complete information as reasonably required by us for the provision of the Services. This includes, but is not limited to, providing website content (text, images, videos, audio, etc.), brand guidelines and assets (logos, fonts, color palettes, etc.), access to necessary accounts and platforms (hosting control panel, domain registrar, FTP accounts, social media accounts, etc.), and any other materials or information reasonably requested by us.
3.2. You acknowledge that delays in providing the required information and materials to us may result in delays in the project timeline. We shall not be held liable for any delays in the performance of the Services caused by your failure to provide the necessary information or materials in a timely manner. We will make reasonable efforts to communicate any potential delays to you.
3.3. You are responsible for reviewing and approving deliverables (designs, development milestones, content drafts, etc.) in a timely manner as specified in the Agreement. Your failure to provide timely feedback or approval within the timeframe specified in the Agreement may affect project timelines and costs, and we may proceed with the project based on our reasonable interpretation of your requirements.
3.4. You represent and warrant that you have all necessary rights, licenses, consents, and permissions to provide the content and materials to us for use in connection with the Services and that such content and materials do not infringe upon the intellectual property rights (including copyrights, trademarks, patents, and trade secrets) of any third party, or violate any applicable laws or regulations. You agree to indemnify and hold us harmless from any claims, liabilities, damages, costs, and expenses arising out of or relating to any such infringement or violation.
3.5. You are responsible for the accuracy, legality, and appropriateness of all content and materials you provide to us. We reserve the right to refuse to use or remove any content or materials that we, in our sole discretion, deem to be offensive, inappropriate, or in violation of these Terms or any applicable laws or regulations.
4. Payment Terms
4.1. The fees for the Services, including any applicable taxes, will be as specified in the Agreement. You agree to pay all fees in the currency and within the timeframe specified in the Agreement.
4.2. Typically, payments may be structured as follows:
- Â Initial deposit: A non-refundable deposit, the amount of which will be specified in the Agreement, may be required before we commence work on the project.
- Progress payments: Interim payments may be due at specified milestones or intervals throughout the project, as detailed in the Agreement.
- Final payment: The remaining balance of the fees is due upon completion and delivery of the Services, as defined in the Agreement.
4.3. We reserve the right to suspend or terminate the Services, with or without notice, in the event of any failure to make timely payments. If payment is not received within [Number] days of the due date, we may assess a late payment fee of [Percentage]% per month on the outstanding balance.
4.4. You shall be responsible for all reasonable expenses (including collection agency fees and attorneys’ fees) incurred by us in collecting any unpaid amounts.
4.5. All fees are exclusive of applicable taxes, including goods and services tax (GST) or other similar taxes, which shall be your responsibility to pay in addition to the fees specified in the Agreement. You are responsible for complying with all applicable tax laws and regulations.
5. Intellectual Property
5.1. Upon full payment of all fees due as outlined in the Agreement, we grant you a non-exclusive, worldwide, perpetual license to use the website design and content (excluding any third-party software, plugins, themes, fonts, images, or other components) created specifically for your project, subject to the terms and conditions of the Agreement. This license allows you to use, display, and reproduce the website and content for your internal business purposes. You may not resell, redistribute, or create derivative works of the design or content without our prior written consent.
5.2. We retain the right to use the completed website and its components (including design elements, code, and functionality) for our portfolio, marketing, and promotional purposes, including displaying the website on our website, in presentations, and in other marketing materials, unless otherwise agreed upon in writing in the Agreement.
5.3. Any third-party software, plugins, themes, fonts, images, or other components used in the project are subject to their respective licensing terms. You are responsible for complying with these licensing terms and ensuring you have the necessary licenses to use such components. We will make reasonable efforts to inform you of any applicable third-party licensing terms, but it is your ultimate responsibility to verify and comply with them.
6. Warranties and Disclaimers
6.1. We warrant that the Services will be performed in a professional and workmanlike manner, consistent with generally accepted industry standards and practices. We will make reasonable efforts to ensure that the website functions as intended and meets the specifications outlined in the Agreement. Â
6.2. While we strive to provide accurate and up-to-date information and implement appropriate security measures, we do not warrant that the website will be completely error-free, uninterrupted, or entirely secure. You acknowledge that the internet is inherently insecure and that we cannot guarantee the absolute security of your website or data.
6.3. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS AND THE AGREEMENT, THE SERVICES AND ANY DELIVERABLES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GIGAWEBZONE LLP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE. WE DO NOT WARRANT THAT THE SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS OR THAT THE RESULTS OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE. Â
7. Limitation of Liability
7.1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GIGAWEBZONE LLP, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, LOSS OF GOODWILL, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE WEBSITE OR OUR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7.2. OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO US FOR THE SPECIFIC SERVICES GIVING RISE TO THE CLAIM. THE EXISTENCE OF MORE THAN ONE CLAIM SHALL NOT ENLARGE THIS LIMIT.
8. Indemnification
8.1. You agree to indemnify, defend, and hold harmless GigaWebZone LLP, its officers, directors, employees, agents, and affiliates, from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees and court costs) arising out of or in connection with:
- Your use or misuse of the websiteÂ
- Your content or materials
- Your breach or alleged breach of these Terms or the Agreement
- Your violation or alleged violation of any applicable law, regulation, or third-party right, including without limitation, intellectual property rights, privacy rights, and publicity rights.
9. Governing Law and Dispute Resolution
9.1. These Terms and any disputes arising out of or relating to these Terms or the Services shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law principles.
9.2. Any dispute, controversy, or claim arising out of or relating to these Terms or the Services shall be first attempted to be resolved amicably through good faith negotiations between the parties. If such negotiations fail to resolve the dispute within [Number] days, the dispute shall be finally settled by binding arbitration in accordance with the [Name of Arbitration Rules] of the [Name of Arbitration Institution] by one or more arbitrators appointed in accordance with the said Rules. The place of arbitration shall be Pune, India. The language to be used in the arbitral proceedings shall be English.
9.3. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights or confidential information.
9.4. The prevailing party in any legal proceeding arising out of or relating to these Terms or the Services shall be entitled to recover its reasonable attorneys’ fees and costs.
10. Termination
10.1. Either party may terminate the Agreement or Services upon providing [Number] days’ written notice to the other party. The Agreement may specify different termination terms.
10.2. Upon termination, you shall pay GigaWebZone LLP for any Services performed up to the effective date of termination, as determined by a reasonable assessment of the work completed.
10.3. We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms or the Agreement, or if we suspect fraudulent or illegal activity.
10.4. Upon termination or suspension, your right to use the Services will cease immediately. Any provisions of these Terms or the Agreement that by their nature should survive termination shall survive, including, without limitation, provisions relating to intellectual property, warranties, disclaimers, limitation of liability, indemnification, and governing law.
11. Modifications to Terms
GigaWebZone LLP reserves the right to modify or replace these Terms at any time in its sole discretion. If a revision is material, we will provide at least [Number] days’ notice prior to any new terms taking effect by posting the revised Terms on our website and/or notifying you via email. What constitutes a material change will be determined at our sole discretion. It is your responsibility to review these Terms periodically for changes. Your continued use of the Services following the posting of any changes to these Terms constitutes acceptance of those changes.
12. Miscellaneous
12.1. These Terms, together with the Agreement, constitute the entire agreement between you and GigaWebZone LLP relating to the Services and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and us.
12.2. If any provision of these Terms or the Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.
12.3. Our failure to enforce any right or provision of these Terms or the Agreement shall not be deemed a waiver of such right or provision.
12.4. You may not assign or transfer any of your rights or obligations under these Terms or the Agreement without our prior written consent. We may assign or transfer our rights and obligations under these Terms or the Agreement without restriction.
12.5. Any notice or other communication required or permitted under these Terms or the Agreement shall be in writing and shall be deemed to have been duly given when delivered personally, sent by certified or registered mail, return receipt requested, or sent by email to the respective addresses of the parties.
12.6. Headings are for reference purposes only and shall not affect the interpretation of these Terms.
13. Contact Information
If you have any questions about these Terms, please contact us at:
