General Work Terms and Client Responsibilities & Liabilities

  • All website content (text and multimedia) will be the sole accountability of the client to provide to Webetutorial. Such should be provided prior to commencing the work.
  • Client is solely accountable to take proper back-up of all content on their website prior to letting Webetutorial undertake the required course of action towards meeting the contract. Any loss or damage to existing data shall not be a accountability of Webetutorial under any circumstances.
  • The Contract does not hold Webetutorial accountable for any data entry, web hosting or custom artwork/graphics related work/tasks unless otherwise specifically mentioned, paid for and agreed to by both the parties towards such. Any artwork, images, or text supplied and/or designed by Webetutorial on behalf of the client, will remain the property of Webetutorial and/or it’s suppliers unless otherwise agreed.
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  • While Webetutorial will do its best to achieve all deliveries within the estimated time, there may, at times, be the need to extend or adjust time in cases of any unavoidable and non-forecasted situations like those of deployment issues, dependencies, 3rd-Party support, development bottle-necks, resource unavailability due to emergency, communication delays and the like.
  • While Webetutorial will do its best to achieve all deliveries within the estimated time, there may, at times, be the need to extend or adjust time in cases of any unavoidable and non-forecasted situations like those of deployment issues, dependencies, 3rd-Party support, development bottle-necks, resource unavailability due to emergency, communication delays and the like.
  • Webetutorial will provide the Client an opportunity to review the appearance and content of the Web website during the design and once they are completed. Webetutorial shall wait for a period of 5 days to hear any feedback on such shared work/outputs from the client. In the event of client not replying within this period, such material will deemed to have been automatically accepted and approved by the Client.
  • The Client retains the copyright to data, files and graphic logos provided by the Client and grant Webetutorial the rights to publish and use such material. The Client must have permission to use any data or files which are copyrighted by a third party. The Client is further accountable for granting Webetutorial permission and rights for use of the same and agrees to indemnify and hold harmless Webetutorial from any and all claims resulting from the Client’s carelessness or lack of ability to obtain proper exclusive rights permissions. A contract for Web website design or placement shall be regarded as a guarantee by the Client to Webetutorial that all such permissions and authorities have been obtained. Proof of permissions and authorities may be requested.
  • Webetutorial will not accept accountability for any alterations caused by the Client or a third party occurring to the Client’s pages/website once installed/deployed. Such alterations include, but are not limited to additions, modifications or deletions. Webetutorial may require a one-off Web Development charge before resolving any issues that may arise.

Payments

  • Webetutorial accepts payments by cheque, Cash or Bank Transfers (although we reserve the right to decline payment in any of these forms without notice). Without limitation, Webetutorial reserves the right to withdraw any payment methods at any time and to vary its prices without prior notice.
  • A cancellation fee may be charged if the Customer cancels the Service prior to completion. The fee will be equal to the amount of work completed at the point of cancellation.
  • A non-payment of cancellation fee and/or over-due amount will result in legal action upon necessity.

Support and 3rd-Party

  • As the website launches, we offer free support for the first month. After one month of free service, we charge according to our various price packages best-suited to client’s requirement. We also provide attractive discounts if the client chooses a higher price package. The scope of support only includes any bug fixing and email support and excludes any issues related to the website architecture, rule changes and add-ons/enhancements.
  • Any 3rd-Party support, product and/or service being used/ integrated into the website which requires licensing, payment, copyright, etc. shall be the sole accountability and liability of and be provided by the client or will be procured by Webetutorial on behalf of the client on pre-payment for the cost of such procurement. The fee charged by Webetutorial is exclusive of out-of-pocket expenses and expense claims filed by third party products/services involved.
  • No guarantees or warranties shall be provided by Webetutorial for the accuracy or performance of such 3rd-Party product/service.
  • Any upgrade in the 3rd-Party product/service being used in the project shall not be part of scope at Webetutorial. Such shall be addressed per feasibility and revision of price and time may be called for by Webetutorial.

Re-work, Enhancements/Add-ons and Billing

  • Any additional features not envisioned in the range of work would be diverted through a Change Management process and be additional billed. Scope Creeps after wireframe sign off would be billed as additional and time lines and cost for delivery would increase.
  • Most tweaks such as minor changes/re-work are normally just completed, however, if we feel this is being abused, we will build a list of works found being the grounds of abuse and bill such additionally per the total time efforts involved and undertaken to achieve the work/tasks at business rates starts from US $5 per hour.
  • Whilst we try our best to cover most changes within the budget of the website, some changes are classified as enhancements/add-ons to the system and become chargeable; we will advise you before we start work of any such items.
  • Any re-work, change or tweak request by the client post approval and/or furthering to the subsequent stage of project process shall be treated as add-on work and be additionally billed.
  • The client must pay the fee charged by Webetutorial without any deductions, discounts or debt settlement by the agreed due dates.

Limitations of Liability

  • Webetutorial will use reasonable skill and care in providing the Service. However, we make no representation and exclude any warranty, express or implied, as to the availability, quality, accuracy, timeliness, completeness, performance or fitness of the Service.
  • Webetutorial hereby excludes itself, its Employees from and any liability for loss caused by any inaccuracy; omission; delay or error, whether the result of negligence or other cause in the production of the website; All and any liability for loss or damage to clients’ artwork/photos, data/content supplied for the website. This is whether the loss or damage results from negligence or otherwise.
  • Except in the event of death or personal injury caused by our negligent acts or omissions, we shall not be liable in any way for any damages arising in contract, tort or otherwise in respect of loss or damage arising out of or in connection with this Agreement or operation of the Service. In no event will we be liable for any direct, indirect or consequential damages in contract or tort, including loss of profit, loss or damage to property or relating to claims made by third parties.
  • Webetutorial cannot make guarantees of service on behalf of third party organizations and will not be held liable for the failure in any service provided by third parties.

Approvals and Delivery

  • The project will involve various stages and the work for the next stage will only start after receiving the sign off on and relevant payments for the previous stage as agreed.
  • On completion of the Service (website design and/or website development), the website will be uploaded to the Customer area of Webetutorial server for approval. Upon approval by the Client, the website will be uploaded to the destination server where the website shall stay. Webetutorial reserves the right to delay uploading of the website until full payment has been received.
  • All code and material developed will be transferred post completion of project and after sign offs. The code ownership will reside with the client after final payments.
  • Webetutorial holds the Right to publish and use the completed work and/or even the deployed final produce/website for references to other potential clients. In circumstances such is required to be withheld, client shall notify Webetutorial well in advance and request prior and proper approvals towards the same.

Timescale

  • Webetutorial will aim to complete all services within the agreed timescale. The timescale will commence on receipt of both the agreed % deposit (ranging from 30% to 50% of the project price as mutually discussed and agreed prior to contract finalization) as acceptance and all website content from the Customer.
  • Webetutorial may need to extend any timescales due to circumstances beyond its control.

Jurisdiction

  • These terms shall be governed by and interpreted in agreement with Indian Law. The parties for all time agree that the courts of India shall have exclusive authority to clear up any dispute which may arise out of, under, or in connection with these Terms and Conditions.

Severability

  • In the event any one or more of the provisions of this Agreement or Order shall be held to be unacceptable, illegal or unenforceable, the remaining provisions of this Agreement or Order shall be unimpaired and the Agreement or Order shall not be canceled for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid, illegal or unenforceable provision.