Effective Date: [12-11-2024]
Welcome to WEBBIESS WEBSECURITY SERVICES (OPC) PRIVATE LIMITED (“Company”, “we”, “our”, “us”). These Terms and Conditions (“Terms”) govern your subscription and use of our services, including but not limited to Website Designing & Hosting Services, Mobile App Development Services, Cloud Consulting Services, IT Security Solutions, and Business Automation and Marketing Services (“Services”). By subscribing to and using our Services, you agree to be bound by these Terms.
1. Company Information
- Company Name: WEBBIESS WEBSECURITY SERVICES (OPC) PRIVATE LIMITED
- Registered Office: 4th Floor, Unit No 405-411, Bizness Square, HNO.1-98/3/5/23 ΤΟ 27, Jubilee Enclave, SY Nos 66&67, Madhapur, Serlingampally Mandal, RR DIST, Hyderabad, Telangana-500081
- GSTIN: 36AADCW9643H1ZX
- Contact: +91 8848133800 | https://webbiess.com/services/ | support@webbiess.com
2. Subscription-Based Services
- All services offered by WEBBIESS WEBSECURITY SERVICES (OPC) PRIVATE LIMITED, including Website Designing & Hosting, Mobile App Development, Cloud Consulting, IT Security Solutions, and Business Automation & Marketing, are provided exclusively on a subscription basis. Clients must maintain an active and valid subscription to access and use these services.
- Clients must select from available subscription plans based on their business needs. These plans vary by scope, features, and pricing.
- A minimum subscription commitment of three (3) months is mandatory. Services are provided continuously as long as the subscription remains active.
- Services will be activated only upon successful online payment and confirmation. In cases of delayed or missed payments, services may be suspended, withdrawn, or disabled without prior notice. The Company will resume services once payment is received and verified.
- The Company is not liable for any data loss, downtime, or business disruption caused by the suspension or termination of services due to non-payment or cancellation.
- All software, applications, websites, configurations, and code deployed under any subscription remain the intellectual property of the Company. The Client receives only temporary, limited usage rights during the active subscription.
- Services are strictly provided on a rental or license basis. The Client is not entitled to request access to or ownership of the source code, backend configurations, server-side scripts, or infrastructure. Upon cancellation, the Company reserves the right to revoke access and take down the deployed services.
- One-time payment plans are available only upon request and will be considered on a case-by-case basis, subject to internal approval. Such plans will be quoted separately based on the specific task or requirement and are bound by a formal quotation or work order approved by both parties. All one-time services are non-refundable and limited strictly to the scope defined in the agreed quotation.
- Given the nature of digital service delivery and infrastructure allocation, no refunds will be issued for any subscription or one-time service once activated. Clients are responsible for reviewing service details and plans prior to purchase.
- The Company reserves the right to adjust pricing annually or as necessary due to operational or market changes. Clients will be notified in advance, and continued use of the services after a pricing update will be deemed as acceptance of the new pricing.
3. Service Scope and Delivery
- We provide ongoing Services including Website Designing, Mobile App Development, Cloud Consulting, IT Security, and Business Automation & Marketing as per the selected subscription plan.
- Service scope, deliverables, and service levels will be defined in the subscription agreement.
- The Company reserves the right to modify, update, or enhance Services with notice.
- The Client agrees to provide timely and accurate information, content, access, and cooperation necessary for the Company to deliver the services effectively. Delays caused by the Client may affect delivery timelines and service quality.
- Services are provided on a subscription basis and may be suspended or terminated in the event of non-payment, breach of Terms, or at the Company’s discretion. Upon suspension or termination, the Company is not responsible for any loss of data or service interruptions.
4. Client Obligations
- The Client agrees to provide accurate, complete, and timely information necessary for the Company to deliver the subscribed services effectively.
- The Client is solely responsible for:
- Maintaining the confidentiality of all login credentials, passwords, and access information related to the services.
- Ensuring that all software, hardware, and network environments used to access or integrate with the Company’s services meet the necessary technical requirements and are kept secure and updated.
- Backing up all data, content, and configurations regularly, as the Company does not guarantee data recovery except where explicitly agreed in writing.
- Using the services in compliance with all applicable laws, regulations, and third-party terms (including intellectual property rights and data protection laws).
- Refraining from any unauthorized modifications, reverse engineering, copying, or distribution of the Company’s software, code, or configurations.
- Immediately notifying the Company of any suspected security breaches, unauthorized access, or misuse related to the services.
- Providing reasonable cooperation and timely responses to the Company’s requests for information or action to support service delivery or troubleshooting.
- Providing all necessary images, text content, logos, and other materials required for website design, mobile app development, or promotional activities in a timely manner. Failure to provide such content may result in delays and additional charges for content creation or sourcing services.
- The Client acknowledges and agrees that failure to comply with these obligations may result in service interruptions, increased costs, or termination of services without refund.
- The Client agrees to indemnify and hold harmless WEBBIESS WEBSECURITY SERVICES (OPC) PRIVATE LIMITED from any damages, losses, or liabilities arising from the Client’s breach of these obligations or misuse of the services.
- The Client shall ensure payment is made on time as per the subscription terms.
5. Payment Terms
- All payments for Services provided by WEBBIESS WEBSECURITY SERVICES (OPC) PRIVATE LIMITED are to be made exclusively via online payment methods. No cash, cheque, or offline payments will be accepted.
- Each transaction will be accompanied by a valid GST-compliant invoice, which will be shared with the Client through email or the client portal upon successful payment.
- Subscription fees are billed on a monthly basis in advance, and payment must be completed before the start of the new billing cycle to avoid service disruption.
- A one-time payment option is available for certain limited-scope or short-duration services, as clearly specified in the service proposal or quotation.
- The Company reserves the right to revise subscription fees annually to account for inflation, service improvements, or changes in operational costs. Clients will be notified at least 30 days in advance of any such changes.
- All applicable taxes (e.g., GST) will be charged in addition to the service fees as per prevailing laws.
- Failure to make timely payments may result in suspension or termination of Services, and access to all deployed platforms or solutions will be restricted until dues are cleared.
- No refund policy: As our services operate on a monthly subscription-based pricing model, no refunds or partial credits will be issued for cancellations, non-usage, or early termination — including during the mandatory 3-month period. Clients are encouraged to evaluate their needs before initiating a subscription.
6. Subscription Term and Cancellation
- All services provided by WEBBIESS WEBSECURITY SERVICES (OPC) PRIVATE LIMITED are subject to a minimum mandatory subscription period of three (3) consecutive months. Clients are required to maintain their subscription for at least this initial period before being eligible to request cancellation.
- After the initial 3-month period, the Client may cancel the subscription by providing a minimum of 30 days’ written notice.
- Upon cancellation, all associated services (such as hosted websites, mobile apps, cloud infrastructure, and configurations) will be deactivated and withdrawn until the subscription is resumed.
- Clients are free to resume their subscription at any time after cancellation, subject to the availability of the previously deployed services or configurations.
- In case of a long break in subscription, re-deployment fees or setup charges may apply as per the then-current policy of the Company.
7. Intellectual Property Rights
- All software, code, configurations, and digital assets developed, deployed, or provided by WEBBIESS WEBSECURITY SERVICES (OPC) PRIVATE LIMITED under the subscription model remain the sole and exclusive intellectual property of the Company.
- The Services, including but not limited to websites, mobile applications, server configurations, cloud architecture, and marketing automation tools, are provided to the Client strictly on a rental-access basis for the duration of the active subscription.
- Under no circumstances will the source code, configuration files, or back-end access be provided to the Client, nor does the Client acquire any ownership rights or entitlement to request such materials.
- The Client is granted a limited, non-transferable, non-exclusive, and revocable license to use the Services only for the duration of their active subscription.
- Upon cancellation, expiration, or non-renewal of the subscription, the Company reserves the right to suspend or take down all deployed services including websites, apps, servers, or configurations without prior notice.
- Services may be reinstated upon full payment and renewal of the subscription, subject to the Company’s service continuity policy and technical feasibility.
- Any Client data stored within the system will be handled in accordance with our Data Protection and Privacy terms, but the infrastructure and deployed components remain the property of the Company.
- The Client owns any data or content they provide.
8. Confidentiality
- Both parties agree to maintain confidentiality of any proprietary or sensitive information shared during the subscription.
- Confidential information shall not be disclosed without written consent unless required by law.
9. Warranties and Disclaimers
- All services provided by WEBBIESS WEBSECURITY SERVICES (OPC) PRIVATE LIMITED are delivered on an “as-is” and “as-available” basis, without any express or implied warranties or guarantees of any kind.
- The Company does not warrant that:
- The services will be uninterrupted, error-free, secure, or completely free of bugs, vulnerabilities, or delays
- The outcomes of using the services (such as increased business performance, marketing success, or security improvements) will meet the Client’s expectations or business goals
- Any third-party software, hosting platform, API, or plugin integrated into the service will function flawlessly or remain available indefinitely
- Any customization, automation, or app development will be free from defects or immune to future compatibility issues
- The Company expressly disclaims all warranties, whether express, implied, statutory, or otherwise, including but not limited to:
- Implied warranties of merchantability
- Fitness for a particular purpose
- Non-infringement
- Data accuracy or system reliability
- The Client acknowledges that:
- The use of IT systems, software, cloud services, and cybersecurity tools involves inherent risks, including potential downtime, data loss, misconfigurations, and evolving threats beyond the Company’s control
- The Company shall not be liable for any data loss, reputational damage, operational disruption, or financial losses incurred as a result of using the Services
- Backups, data integrity, and recovery responsibilities rest with the Client, unless explicitly covered under a separately signed agreement
- Clients are advised to test and verify all critical features and outputs before relying on them for business operations or decision-making.
- No employee, agent, or representative of the Company is authorized to make any modification or addition to these disclaimers unless it is documented in writing and signed by both parties.
10. Limitation of Liability
- WEBBIESS WEBSECURITY SERVICES (OPC) PRIVATE LIMITED, including its directors, employees, agents, affiliates, contractors, or partners, shall not be held liable for any loss, damage, or liability of any kind—whether direct, indirect, incidental, special, consequential, exemplary, or punitive—arising from or related to:
- The use or inability to use any of the subscribed services
- Service interruptions, outages, delays, or downtime
- Loss of data, revenue, profits, business, clients, goodwill, or opportunities
- Unauthorized access to, or alteration of, your transmissions or data
- Any third-party service or software integrated or used in conjunction with our solutions
- Errors, bugs, failures, or vulnerabilities in software or configurations provided as part of the subscription
- Security breaches, cyber-attacks, or misuse of services by external parties
- Client misuse, misconfiguration, or negligence in using the Services
- Regulatory or compliance failures not explicitly handled by the Company under contract
- The Client assumes full responsibility for the use and outcomes of the subscribed Services, including how they impact their business operations.
- In any event, the total liability of the Company under any claim (whether in contract, negligence, tort, or otherwise) shall be strictly limited to the total amount of subscription fees paid by the Client in the three (3) months immediately preceding the claim.
- If the Client is not satisfied with the Service or finds it unsuitable for their needs, their sole and exclusive remedy is to discontinue use and cancel the subscription as per the cancellation policy.
11. Support and Maintenance
- WEBBIESS WEBSECURITY SERVICES (OPC) PRIVATE LIMITED provides support and maintenance services strictly related to the subscription-based services offered, including Website Designing & Hosting, Mobile App Development, Cloud Consulting, IT Security Solutions, and Business Automation and Marketing Services.
- Support is available during the Company’s standard business hours [Monday to Friday, 11:00 AM to 6:00 PM IST], excluding public holidays. Emergency support outside these hours may be provided at the sole discretion of the Company and may incur additional charges.
- The Company endeavors to respond to support requests within [24-48 hours] but does not guarantee immediate resolution or response times due to the nature of subscription services and workload.
- Support and maintenance do not include:
- Custom development or feature requests beyond the scope of the agreed subscription
- Issues caused by client-side hardware, software, or network failures
- Problems arising from unauthorized modifications or misuse of the services by the Client or third parties
- Data recovery or backups unless separately agreed in writing
- The Company may schedule periodic maintenance that could cause temporary service interruptions. Where possible, clients will be given advance notice, but the Company is not liable for any downtime resulting from scheduled or emergency maintenance.
- The Client must provide accurate information and cooperate with the Company to diagnose and resolve issues. The Client is responsible for maintaining backups of their data and credentials.
- Support and maintenance services will cease immediately upon subscription cancellation or non-payment. The Company reserves the right to withhold support until all outstanding payments are cleared.
12. Data Protection and Privacy
- WEBBIESS WEBSECURITY SERVICES (OPC) PRIVATE LIMITED is committed to maintaining the confidentiality and integrity of any client data processed or accessed during the course of providing subscription-based IT services. However, the Client agrees to the following conditions to ensure mutual understanding and protection:
- A. Data Ownership and Responsibility
- All content, data, and information provided by the Client remain the sole property of the Client.
- The Client is solely responsible for the legality, accuracy, reliability, and quality of the data they share, upload, store, or process through the services provided.
- The Company does not monitor or control the data transmitted or stored by the Client and is not responsible for any compliance issues or data-related liabilities resulting from the Client’s use of the Services.
- B. Data Usage and Processing
- The Company will only access or process client data as necessary to deliver and maintain the subscribed services, and for technical support, billing, analytics, or service improvement purposes.
- No data will be sold, leased, or disclosed to third parties unless required by law or with explicit client consent.
- C. Data Security Measures
- The Company implements reasonable administrative, technical, and organizational measures to protect client data from unauthorized access, disclosure, or destruction. However:
- No system can be guaranteed 100% secure, and the Company does not warrant or guarantee complete data security
- The Company shall not be liable for any loss, misuse, breach, or destruction of data due to cyberattacks, force majeure, client misconfigurations, third-party vulnerabilities, or other events beyond the Company’s control
- The Company implements reasonable administrative, technical, and organizational measures to protect client data from unauthorized access, disclosure, or destruction. However:
- D. Data Retention and Deletion
- Upon termination or cancellation of the subscription, client data may be retained for a limited period (as per internal retention policy) and then permanently deleted from Company systems.
- The Client is solely responsible for backing up their data before cancellation. The Company does not guarantee data recovery once the subscription ends or is suspended.
- E. Compliance Responsibility
- The Client is responsible for ensuring that their use of the Services complies with all applicable data protection regulations (such as the Information Technology Act of India, GDPR, etc.) where required.
- The Company does not act as a Data Controller or assume responsibility for data compliance unless explicitly agreed to in writing.
13. Force Majeure
- WEBBIESS WEBSECURITY SERVICES (OPC) PRIVATE LIMITED shall not be liable for any failure or delay in performing its obligations under these Terms and Conditions if such failure or delay is caused, directly or indirectly, by events beyond its reasonable control, including but not limited to:
- Natural disasters (floods, earthquakes, storms, fires)
- Acts of God
- War, terrorism, civil unrest, riots, or sabotage
- Government actions, orders, laws, regulations, embargoes, or restrictions
- Epidemics, pandemics, public health emergencies
- Strikes, labor disputes, or work stoppages
- Failures or interruptions of telecommunications, internet service providers, power supplies, or data centers
- Cyberattacks, hacking, or other malicious acts by third parties
- Any other events or circumstances reasonably beyond the Company’s control
- In the event of a Force Majeure, the Company’s obligations will be suspended for the duration of the event, and the Company will use reasonable efforts to resume performance as soon as possible.
- Neither party shall be deemed in breach of these Terms or otherwise liable for any failure or delay caused by a Force Majeure event.
- If a Force Majeure event continues for more than thirty (30) consecutive days, either party may terminate the subscription by providing written notice without penalty.
14. Governing Law and Dispute Resolution
- These Terms shall be governed by the laws of India.
- Any disputes shall be resolved amicably or referred to courts in Hyderabad, Telangana.
15. Amendments
- The Company reserves the right to amend these Terms with at least 15 days’ prior notice to Clients.
- Continued use of Services after notice constitutes acceptance of the updated Terms.
16. Contact Information
For any questions or support regarding these Terms or Services, please contact us at:
- Phone: +91 8848133800
- Email: support@webbiess.com
- Website: www.webbiess.com
