1. Agreement to Terms
By accessing the WebWiings website, using our services, or entering into a project agreement with us, you agree to be bound by these Terms and Conditions. If you do not agree with any part of these terms, you should not use our website or engage our services. These terms constitute a legally binding agreement between you (or the entity you represent) and WebWiings.
We reserve the right to update these terms at any time. Continued use of our services after changes are posted constitutes your acceptance of the revised terms.
2. Services Description
WebWiings provides technology services to businesses, including but not limited to:
- AI and automation solutions
- Custom software development
- Mobile application development (iOS and Android)
- Web development and design
- SaaS product development and deployment
- Digital consulting and strategy
- Technical support and maintenance
The specific scope, deliverables, timelines, and pricing for each engagement are defined in individual project proposals, statements of work, or subscription agreements. These documents supplement these Terms and Conditions and, in case of conflict, take precedence for the specific engagement they cover.
3. User Responsibilities
When using our website and services, you agree to:
- Provide accurate, current, and complete information when filling out forms, signing up for services, or communicating with us.
- Maintain the confidentiality of your account credentials and restrict access to your accounts. You are responsible for all activity that occurs under your accounts.
- Use our services in compliance with all applicable local, national, and international laws and regulations.
- Not attempt to exploit, abuse, or unauthorizedly access any part of our website, systems, or services.
- Not use our services for any unlawful purpose or in any manner that could damage, disable, overburden, or impair our systems.
- Promptly notify us of any unauthorized use of your account or any other breach of security.
4. Intellectual Property
WebWiings Intellectual Property
All pre-existing intellectual property, including but not limited to frameworks, libraries, tools, methodologies, templates, and general know-how owned by WebWiings remain our exclusive property. Nothing in any project agreement transfers ownership of these pre-existing assets to the client.
Client Deliverables
Upon full payment of all applicable fees, the client receives ownership of the specific deliverables created for their project, including custom code, designs, and documentation. This ownership is non-exclusive, meaning WebWiings retains the right to use general knowledge, skills, experience, ideas, concepts, techniques, and know-how gained during the engagement for other purposes, provided that no client confidential information or proprietary materials are disclosed.
Third-Party Components
Projects may incorporate third-party open-source or licensed components. These are governed by their respective licenses, and the client will be informed of any such components used in their project.
5. Payment Terms
- Fees: Service fees are as agreed in individual project proposals, statements of work, or subscription plans. All fees are quoted in Indian Rupees (INR) unless otherwise stated.
- Invoicing: Invoices are issued as per the payment schedule defined in the project agreement. Unless otherwise specified, invoices are due within 30 days of the invoice date.
- Late Payments: Overdue invoices will incur a late payment charge of 1.5% per month on the outstanding balance, calculated from the due date until the date of full payment.
- Taxes: All quoted prices are exclusive of applicable taxes including Goods and Services Tax (GST), withholding tax, and any other levies. The client is responsible for payment of all applicable taxes unless explicitly stated otherwise in the project agreement.
- Disputed Invoices: If you dispute any portion of an invoice, you must notify us in writing within 15 days of receiving the invoice, specifying the disputed amount and reasons. Undisputed portions must still be paid by the original due date.
- Subscription Payments: For SaaS products, subscription fees are billed in advance on a monthly or annual basis as selected during sign-up. Payment is automatically processed using the payment method on file.
6. Project Terms
- Scope: The project scope, deliverables, milestones, and acceptance criteria are defined in the individual project agreement or statement of work signed by both parties.
- Timelines: Project timelines are estimated based on the scope as defined at the start of the engagement. We will communicate any anticipated delays promptly and work to minimize their impact.
- Change Requests: Any changes to the agreed scope, whether additions, modifications, or reductions, must be submitted in writing. We will assess the impact on timeline, cost, and resources and provide a change order for approval before proceeding. Changes may result in additional fees and adjusted deadlines.
- Client Feedback Delays: Projects may require client input, feedback, approvals, or content at various stages. If the client fails to provide required feedback or approvals within the agreed timeframe, project deadlines will be extended proportionally to reflect the delay.
- Acceptance: Deliverables are considered accepted if the client does not provide written feedback or rejection within 10 business days of delivery.
7. Warranties and Disclaimers
Our Warranty
We warrant that our services will be performed in a professional and workmanlike manner, consistent with generally accepted industry standards. We will use commercially reasonable efforts to ensure that deliverables conform to the specifications defined in the project agreement.
Disclaimers
While we work to deliver high-quality solutions, we do not guarantee specific business outcomes, revenue results, performance metrics, or market success from the use of our services or products. Technology projects involve inherent uncertainties, and results may vary based on many factors outside our control.
For SaaS products, the service is provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
We do not warrant that our services will be uninterrupted, error-free, or completely secure, though we maintain industry-standard uptime and security practices.
8. Limitation of Liability
To the maximum extent permitted by applicable law:
- WebWiings's total aggregate liability arising out of or related to these terms or any services provided shall not exceed the total fees paid by the client to WebWiings in the 12 months immediately preceding the event giving rise to the claim.
- WebWiings shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, business opportunities, goodwill, or anticipated savings, regardless of whether such damages were foreseeable or whether we were advised of the possibility of such damages.
- These limitations apply regardless of the legal theory (contract, tort, negligence, strict liability, or otherwise) on which the claim is based.
9. Termination
- Termination for Convenience: Either party may terminate an engagement by providing 30 days' written notice to the other party.
- Termination for Cause: Either party may terminate immediately upon written notice if the other party commits a material breach of these terms and fails to cure such breach within 15 days of receiving written notice of the breach.
- Effect of Termination: Upon termination, the client remains responsible for payment of all fees for work completed and expenses incurred up to the effective date of termination. Any advance payments for uncompleted work will be refunded on a pro-rata basis, minus any third-party costs already committed.
- SaaS Subscriptions: Subscription termination takes effect at the end of the current billing period. No partial-month refunds are provided.
- Survival: The following sections survive termination: Intellectual Property, Payment Terms, Limitation of Liability, Confidentiality, and Governing Law.
10. Confidentiality
Both parties agree to maintain the confidentiality of any proprietary or sensitive information shared during the course of the business relationship. This includes, but is not limited to:
- Business strategies, plans, and financial information
- Technical data, source code, architectures, and trade secrets
- Customer lists, pricing, and marketing strategies
- Any information marked as "confidential" or that a reasonable person would consider confidential
Confidential information may not be disclosed to third parties without prior written consent and must only be used for the purposes of the engagement. This obligation remains in effect for 3 years after the termination of the business relationship, or indefinitely with respect to trade secrets.
11. Governing Law and Dispute Resolution
These Terms and Conditions are governed by and construed in accordance with the laws of the State of Wyoming, United States. Any dispute arising out of or in connection with these terms, or the services provided, shall be subject to the exclusive jurisdiction of the courts in Sheridan, Wyoming, USA.
Before initiating formal legal proceedings, both parties agree to attempt to resolve any dispute through good-faith negotiation. If the dispute cannot be resolved through negotiation within 30 days, either party may escalate the matter to the appropriate courts as specified above.
12. Changes to These Terms
We reserve the right to modify these Terms and Conditions at any time. Changes will be posted on this page with an updated revision date. Material changes will be communicated via email or a notice on our website. Your continued use of our services after any modifications constitutes your acceptance of the updated terms.
13. Contact
For questions about these Terms and Conditions, please contact us:
- Email: contact@webwiings.com
- Phone: +1 (307) 310-6467
- Address: 30 N Gould St # 55972