1. Acceptance of Terms
By accessing and using the Webfries website (the “Site”), you agree to be bound by these Terms and Conditions. If you disagree with any part of the terms, then you may not access the Site.
2. Intellectual Property
The Site and its original content, features, and functionality are owned by Webfries IT Solutions Private Limited and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
3. Use of the Site
You may use the Site for lawful purposes only. You may not use the Site:
- In any way that violates any applicable federal, state, local, or international law or regulation.
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
- To impersonate or attempt to impersonate Webfries, a Webfries employee, another user, or any other person or entity.
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm Webfries or users of the Site or expose them to liability.
4. AI and Machine Learning
- Use of AI Tools: Webfries utilizes AI and machine learning tools in the provision of its services, including but not limited to, website development, digital marketing, and content creation.
- Data Usage: Webfries may collect and utilize data in connection with the use of AI tools. This data may include client data, user data, and publicly available data. All data collection and usage will be in accordance with Webfries’ Privacy Policy and applicable data protection laws.
- Accuracy and Reliability: While Webfries strives to ensure the accuracy and reliability of its AI tools, it makes no guarantees as to their performance or outcomes. The client acknowledges that AI tools are constantly evolving and that their effectiveness may vary.
- Intellectual Property: Any intellectual property rights in the output generated by Webfries’ AI tools belong to Webfries. The client is granted a non-exclusive, non-transferable license to use the output for its intended purpose.
5. Search Engine Optimization (SEO) Services
- Third-Party Dependence: The client acknowledges that SEO services are dependent on the algorithms and policies of third-party search engines, which are beyond Webfries’ control.
- No Guaranteed Rankings: Webfries does not guarantee specific search engine rankings. However, Webfries will utilize its expertise and AI tools to optimize the client’s website for improved search engine visibility.
- Non-Refundable Payments: Any advance or milestone payments made for SEO services are non-refundable, as significant resources are allocated to the optimization process.
6. Blockchain Development
- Technology Maturity: The client acknowledges that blockchain technology is constantly evolving and may be subject to uncertainties and risks. Webfries will provide consulting services to help the client understand and manage these risks.
- Project Scope: The client understands that blockchain development is complex, and timelines and deliverables may be subject to change.
- Client Responsibilities: The client is responsible for providing all necessary information and resources for the blockchain development project.
- Intellectual Property: Upon full payment, any smart contracts or blockchain networks created by Webfries become the property of the client.
- Deployment and Maintenance: Webfries will assist with deployment and maintenance, but the client is ultimately responsible for the ongoing operation and security of their blockchain solutions.
7. Acceptance of Deliverables
- Written Approval: The client shall provide written approval (including email) upon completion of each deliverable.
- Modifications: Any modifications requested after written approval will be subject to additional billing.
8. Client Responsibilities
- Cooperation: The client agrees to provide all necessary assistance and cooperation to Webfries for the timely and efficient completion of the project.
- Timely Feedback: The client will provide written approvals and feedback within a reasonable timeframe.
- System Compatibility: The client is responsible for ensuring their systems are compatible with the deliverables.
9. Marketing
- Client’s Name and Marks: Webfries may use the client’s name and service marks in its marketing materials.
- Hyperlinks: Webfries may display its logo and hyperlinks on the client’s website, with the understanding that the size of such hyperlinks will be kept to a minimum for visibility purposes only.
- Press Releases: Either party may issue a press release related to the Agreement.
10. Web Site Development Investment
- Development Price: The client agrees to pay the total sum of money as outlined in the latest proposal for the development of the website, SEO, project, web hosting, or domain registration (the “Development Price”).
- Non-Refundable Payments: Any advance or milestone payments made are non-refundable.
11. Payment of Invoices
- Payment Terms: All invoices must be paid by the client within seven days of receipt.
- Late Fees: Late payments will incur a late fee.
- Suspension of Services: Webfries reserves the right to suspend services for non-payment.
12. Website Ownership and Intellectual Property
- Website Rights: Upon full payment, the client shall be assigned all worldwide rights, titles, and interests in and to the website, including its source code, custom programming, and documentation.
- Webfries Copyright: Webfries shall retain a worldwide, royalty-free, non-exclusive, transferable, and perpetual copyright and license to the custom programming.
- Client Responsibilities: The client shall be responsible for obtaining all necessary intellectual property protections for the website and its content.
- Third-Party Content: Rights to photos, graphics, source code, work-up files, and computer programs are not transferred to the client and remain the property of their respective owners.
13. Term and Termination
- Effective Date: This Agreement shall be effective from the date of acceptance.
- Termination: Either party may terminate this Agreement upon written notice to the other if the other party breaches any material obligation.
- Payment Upon Termination: The client shall pay Webfries for all services rendered up to the effective date of termination.
14. Limited Warranties and Disclaimers
- Limited Warranties: Webfries provides limited warranties for its services, which are subject to specific terms and conditions.
- Disclaimer of Warranties: The website and services are provided “as is” and “as available,” and Webfries disclaims all other warranties, express or implied.
- Limitation of Liability: Webfries’ liability is limited as outlined in the Agreement.
15. Indemnification
- Client Indemnification: The client shall indemnify and hold Webfries harmless from any claims arising out of the client’s content or breach of the Agreement.
- Webfries Indemnification: Webfries shall indemnify and hold the client harmless from any claims arising out of Webfries’ infringement of third-party intellectual property rights.
16. Confidentiality
Both parties agree to maintain the confidentiality of each other’s proprietary or confidential information.
17. Choice of Law and Forum
- Governing Law: This Agreement is governed by the laws of India and the National Capital Territory of Delhi.
- Dispute Resolution: Any dispute arising out of or relating to this Agreement shall be referred to arbitration in Delhi, India.
18. Independent Contractor Status
Webfries is an independent contractor and not an employee of the client.
19. Entire Agreement
This Agreement constitutes the entire agreement between the parties.
20. Severability
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.
