Terms of Service
These Terms of Service (“Terms”) constitute a legally binding agreement between Webx Design Studio (“Webx”, “the Company”, “We”, “Us”) and the client or user (“Client”, “You”) accessing our website at webxds.com or engaging our professional services.
By accessing our Website or commissioning a project, you acknowledge that you have read, understood, and agreed to be bound by these Terms.
1. ENGAGEMENT AND SCOPE
Webx Design Studio provides professional digital solutions, including but not limited to UI/UX design, mobile and web development, branding, and graphic design.
- Statement of Work (SOW): Specific deliverables, timelines, and costs will be defined in individual project proposals or SOWs. In the event of a conflict between these Terms and a signed SOW, the provisions of the SOW shall prevail for that specific project.
- Service Modifications: We reserve the right to modify or discontinue services or internal methodologies to maintain industry standards without prior notice.
2. CLIENT OBLIGATIONS
For the successful execution of any digital product, the Client agrees to:
- Information Accuracy: Provide complete and timely data, assets, and feedback required for project milestones.
- Communication: Respond to queries within the agreed-upon windows (typically 48–72 hours) to avoid project stagnation.
- Licensing: Ensure they possess the legal right or license for all materials (images, text, trademarks) provided to Webx for inclusion in the project.
3. FINANCIAL TERMS AND PAYMENTS
- Currency: All quotes are provided in Indian Rupees (INR) unless otherwise specified in writing.
- Payment Schedule: Projects typically require an upfront commencement fee, followed by milestone-based payments as defined in the SOW.
- Late Payments: We reserve the right to halt work or withhold final deliverables if payments are delayed beyond 7 days from the invoice date.
- Refunds: Due to the nature of creative services, refunds are handled on a case-by-case basis and are strictly limited to work phases that have not yet commenced.
4. INTELLECTUAL PROPERTY (IP) RIGHTS
- Transfer of Ownership: Upon receipt of full and final payment, the Client is granted exclusive ownership of the final approved visual deliverables created specifically for their project.
- Background IP: Webx retains all rights to its pre-existing proprietary tools, code libraries, templates, and general design methodologies used during the project.
- Portfolio Rights: Unless a Non-Disclosure Agreement (NDA) specifies otherwise, Webx retains the right to display the completed work in its portfolio, case studies, and marketing materials.
5. REVISIONS AND APPROVALS
- Revision Rounds: Each project includes a specific number of revision cycles (as defined in the SOW). Additional rounds requested beyond this scope will be billed at our standard hourly rates.
- Finality of Approval: Once a milestone or final design is approved by the Client, any subsequent changes are considered "Out of Scope" and will incur additional fees.
6. LIMITATION OF LIABILITY AND WARRANTY
- Professional Standard: We warrant that our services will be performed professionally in accordance with prevailing industry standards.
- Disclaimer of Results: Webx does not guarantee specific business outcomes, such as revenue increases, search engine rankings, or conversion rates, as these depend on external market factors.
- Liability Cap: To the maximum extent permitted by law, Webx’s total liability for any claim arising out of our services shall not exceed the total amount actually paid by the Client for the specific project in question.
7. CONFIDENTIALITY
Both parties agree to protect and keep confidential all proprietary information, trade secrets, and business strategies shared during the engagement. This obligation shall remain in effect for a period of two (2) years following the termination of the project.
8. TERMINATION OF AGREEMENT
- Right to Terminate: Either party may terminate a project with written notice if the other party breaches these Terms and fails to cure the breach within 14 days.
- Post-Termination: The Client remains liable for payment for all work completed up to the date of termination. IP rights only transfer for fully paid deliverables.
9. GOVERNING LAW AND DISPUTE RESOLUTION
These Terms shall be governed by and construed in accordance with the laws of India.
- Jurisdiction: Any legal action or proceeding arising under these Terms shall be brought exclusively in the courts of Rajkot, Gujarat.
- Arbitration: Disputes that cannot be resolved through good-faith negotiation shall be referred to arbitration in Rajkot, Gujarat, under the Indian Arbitration and Conciliation Act, 1996.