Legal Notice & Terms of Service

Last Updated: January 1, 2025

1. Company Information

Business Name: India Smart Web

Website: indiasmartweb.com

Business Address: 42 MG Road, Bangalore 560001, India

Email: [email protected]

Phone: +91-80-4738-2965

2. Acceptance of Terms

By accessing and using the India Smart Web website (indiasmartweb.com) and services, you accept and agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree with any of these terms, you are prohibited from using or accessing this site.

These terms apply to all visitors, users, and others who access or use our services, including our web design, development, e-commerce solutions, and SEO optimization services.

3. Services Description

India Smart Web provides professional web design and development services, including but not limited to:

  • Custom website design and development
  • Responsive web design with auto-optimization
  • E-commerce solutions and online store development
  • SEO optimization and digital marketing services
  • Website maintenance and support
  • Custom web applications and integrations

Services are subject to availability and may be modified or discontinued at any time without prior notice.

4. Service Agreement Terms

4.1 Project Scope

All projects will be clearly defined in a written agreement or proposal outlining the scope of work, deliverables, timeline, and pricing. Any changes to the agreed scope will be subject to additional fees and timeline adjustments.

4.2 Payment Terms

  • Standard payment terms require a 50% deposit before work begins
  • The remaining 50% is due upon project completion and before final delivery
  • Monthly retainer services are billed in advance
  • Late payments may incur interest charges of 1.5% per month
  • All prices are in Indian Rupees (INR) unless otherwise stated

4.3 Project Timeline

Project timelines are estimates based on agreed specifications and client cooperation. Delays caused by client feedback, content provision, or scope changes may extend the timeline accordingly.

4.4 Client Responsibilities

  • Provide timely feedback and approvals
  • Supply necessary content, images, and materials
  • Ensure accuracy of provided information
  • Provide access to necessary accounts and systems
  • Make timely payments as per agreed terms

5. Intellectual Property Rights

5.1 Client-Owned Content

Clients retain ownership of all content, logos, trademarks, and materials provided to India Smart Web for use in the project.

5.2 Work Product

Upon full payment, clients receive ownership of the final deliverables created specifically for their project. This includes custom designs, code, and content created by India Smart Web.

5.3 Reserved Rights

India Smart Web retains the right to:

  • Display completed projects in our portfolio
  • Use projects as case studies for marketing purposes
  • Reuse general techniques, methodologies, and code libraries
  • Incorporate third-party tools, plugins, and frameworks

5.4 Third-Party Resources

Some projects may include third-party software, plugins, frameworks, or stock images subject to their respective licenses. Clients are responsible for compliance with these third-party licenses.

6. Warranties and Disclaimers

6.1 Service Warranty

We warrant that services will be performed with professional care and skill. We will correct any defects in workmanship for a period of 30 days after project delivery at no additional charge.

6.2 Disclaimer of Warranties

Except as expressly stated above, our services and website are provided "as is" without warranties of any kind, either express or implied, including but not limited to:

  • Warranties of merchantability or fitness for a particular purpose
  • Uninterrupted or error-free operation
  • Specific results or outcomes from SEO or marketing services
  • Compatibility with all browsers, devices, or third-party services

6.3 SEO and Marketing Disclaimer

While we employ industry best practices for SEO and digital marketing, we cannot guarantee specific rankings, traffic levels, or conversion rates. Search engine algorithms are beyond our control and results may vary.

7. Limitation of Liability

To the maximum extent permitted by Indian law, India Smart Web shall not be liable for:

  • Any indirect, incidental, special, consequential, or punitive damages
  • Loss of profits, revenue, data, or business opportunities
  • Damages resulting from use or inability to use our services
  • Third-party actions or content
  • Unauthorized access to or alteration of your data

Our total liability for any claim arising from our services shall not exceed the total amount paid by the client for the specific services giving rise to the claim.

8. Indemnification

You agree to indemnify, defend, and hold harmless India Smart Web, its officers, employees, and contractors from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

  • Your use of our services or website
  • Your violation of these terms
  • Content you provide for your project
  • Infringement of any intellectual property rights
  • Your business operations or website content

9. Termination

9.1 Termination by Client

Clients may terminate projects with written notice. Clients are responsible for payment of all work completed up to the termination date, plus any non-refundable expenses incurred.

9.2 Termination by India Smart Web

We reserve the right to terminate services if:

  • Payment terms are not met
  • Client fails to provide necessary materials or feedback
  • Client requests illegal or unethical services
  • Working relationship becomes untenable

10. Confidentiality

Both parties agree to maintain confidentiality of proprietary information shared during the course of the project. This includes:

  • Business strategies and plans
  • Technical information and processes
  • Financial information
  • Customer data and lists
  • Trade secrets and proprietary methods

This confidentiality obligation continues for 2 years after project completion.

11. Website Use Guidelines

When using our website, you agree not to:

  • Use the site for any unlawful purpose
  • Attempt to gain unauthorized access to systems or data
  • Interfere with or disrupt the website's functionality
  • Transmit malware, viruses, or harmful code
  • Collect user information without consent
  • Impersonate any person or entity
  • Post false, misleading, or defamatory content

12. Force Majeure

India Smart Web shall not be liable for any delay or failure to perform obligations due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, government actions, internet or telecommunications failures, or pandemics.

13. Dispute Resolution

In the event of any dispute arising from these terms or our services:

  • Parties agree to first attempt resolution through good faith negotiation
  • If negotiation fails, disputes will be resolved through mediation in Bangalore, India
  • If mediation fails, disputes shall be subject to the exclusive jurisdiction of the courts of Bangalore, Karnataka, India

14. Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of India. Any legal action or proceeding relating to your access to or use of our services shall be instituted in the courts of Bangalore, Karnataka, India.

15. Severability

If any provision of these terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Service shall otherwise remain in full force and effect.

16. Modifications to Terms

India Smart Web reserves the right to modify these Terms of Service at any time. Changes will be effective immediately upon posting to the website. Your continued use of our services after changes are posted constitutes acceptance of the modified terms.

17. Contact Information

For questions about these Terms of Service, please contact us:

India Smart Web

42 MG Road, Bangalore 560001, India

Email: [email protected]

Phone: +91-80-4738-2965

Acknowledgment:

By using India Smart Web's services or website, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these terms, please discontinue use of our services immediately.