Terms & Conditions

1. Acceptance of these terms

These terms apply when you access webority.design or engage Webority Technologies Private Limited (referred to here as Webority, we, us, or our) for services. By using the website or our services, you agree to these terms. If you do not agree with them, please stop using the website.

Our work covers areas such as software development, web and mobile application development, cloud services, digital marketing, and UI and UX design. These terms set the general framework. The detail of each project is set out in a separate agreement.

2. The services

Webority offers services including custom software development, web and mobile application development, cloud services, UI and UX design, digital marketing, IT consulting, quality assurance, and ongoing support and maintenance.

Each engagement is governed by its own service agreement, statement of work, or proposal. Where a specific agreement and these terms differ, the specific agreement applies for that project. We deliver our services in a professional manner and to industry standards. Timelines and milestones are agreed in writing for each project.

3. Intellectual property

Once you have paid in full, you own the rights to the custom work we create for you under a project. This does not include our pre-existing intellectual property or third-party components, which remain with their owners.

Webority keeps the rights to:

• Pre-existing intellectual property, frameworks, and methods
• Generic code libraries, modules, and components
• Know-how, techniques, and expertise
• Improvements and derivatives of our existing property
• Open-source components, which stay subject to their own licences

Where our pre-existing property or generic components are built into your deliverables, we grant you a perpetual, non-exclusive, worldwide licence to use them as part of those deliverables. Third-party components remain subject to their own licence terms, and you are responsible for meeting those terms.

4. Payment terms

How and when you pay depends on the type of engagement:

• Fixed price projects: against the milestone schedule in the project agreement
• Time and material: invoiced monthly for the hours actually worked
• Retainer services: paid monthly in advance
• Support and maintenance: paid quarterly or annually in advance

Payment is made by bank transfer, wire transfer, or another method we agree, in the currency stated on the invoice. Overdue amounts may carry interest at 1.5 percent per month, or the maximum allowed by law, and we may suspend services while an account is overdue. All fees are exclusive of taxes such as GST. You are responsible for applicable taxes, other than taxes based on our net income.

5. Confidentiality

Confidential information includes things such as:

• Business strategies and plans
• Technical data and source code
• Customer information and data
• Financial information
• Trade secrets and proprietary information

Each party agrees to keep the other party's confidential information private, not to share it with anyone else without written consent, to use it only for the purpose of the engagement, and to protect it with the same care it uses for its own confidential information. These obligations last for five years after the engagement ends. Trade secrets remain confidential for as long as they stay secret.

6. Warranties

Webority warrants that:

• We will perform our services professionally and competently
• We have the skills, experience, and qualifications needed for the work
• Deliverables will substantially match the agreed specifications
• We will comply with applicable laws and regulations
• To our knowledge, deliverables will not infringe the intellectual property rights of others

For custom software, we will fix reported bugs for 90 days from delivery, where the issue is reported in writing and can be reproduced in the original environment.

You, in turn, confirm that:

• You have the authority to enter into the agreement
• The materials and content you provide do not infringe the rights of others
• You will give feedback and approvals in good time
• You will use the services in line with applicable laws

Except for the warranties stated here, the services are provided as is, and we disclaim all other warranties, including those of merchantability, fitness for a particular purpose, and non-infringement.

7. Limitation of liability

Except in cases of a confidentiality breach, gross negligence, or wilful misconduct, neither party is liable for indirect, incidental, special, consequential, or punitive damages, including lost profits, lost data, loss of use, or loss of goodwill.

Our total liability is capped at the fees paid or payable for the specific services in the twelve months before the claim arose. This cap does not apply to breaches of confidentiality, intellectual property infringement, gross negligence or wilful misconduct, or death or personal injury caused by negligence.

8. Indemnification

Each party agrees to indemnify and defend the other, and the other party's officers, directors, employees, and agents, against third-party claims, damages, losses, and expenses, including reasonable legal fees, that arise from a breach of these terms, a violation of applicable law, third-party intellectual property infringement, or gross negligence or wilful misconduct.

The party seeking indemnity will give prompt notice of any claim and will cooperate in the defence. The indemnifying party controls the defence and any settlement, but cannot agree to a settlement that admits liability or requires a payment from the other party without that party's consent.

9. Term and termination

These terms apply from the time you accept them and continue until they are ended. The duration of each project is set out in its own agreement.

Either party may end an engagement for convenience by giving 30 days written notice. In that case, you pay for the work done and the expenses incurred up to that point. Either party may end an engagement immediately, by written notice, if the other party materially breaches the agreement and does not fix it within 15 days, becomes insolvent or enters liquidation, or takes part in illegal or fraudulent activity.

When an engagement ends, any outstanding fees become due, each party returns or destroys the other party's confidential information, and we hand over completed work and work in progress. Terms that are meant to continue after the engagement, such as confidentiality, stay in effect.

10. Data protection

We process personal data in line with applicable laws, including the GDPR, the CCPA, and India's data protection rules. We use appropriate technical and organisational measures to protect data against unauthorised processing, accidental loss, destruction, or damage. Where we process personal data on your behalf, we may put a data processing agreement in place. For more detail on how we handle personal data, please see our privacy policy.

11. Dispute resolution

If a dispute arises, the parties will first try to resolve it in good faith through their senior representatives, over a period of 30 days. If that does not resolve the matter, it will be settled by binding arbitration under the Arbitration and Conciliation Act, 1996 (as amended). The arbitration will be held in Gurugram, Haryana, and conducted in English.

These terms are governed by the laws of India. For matters that are not subject to arbitration, the courts of Gurugram, Haryana have exclusive jurisdiction.

12. General provisions

Entire agreement. These terms, together with any project-specific agreements, form the entire agreement between us and replace any earlier understandings on the same subject.

Amendments. We may update these terms. Changes take effect when we post them on this website, and your continued use means you accept them.

Assignment. Neither party may assign the agreement without the other party's written consent, except to an affiliate or as part of a merger, acquisition, or sale of assets.

Force majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control, such as natural disasters, war, terrorism, pandemics, strikes, or shortages.

Severability. If any provision is found to be invalid or unenforceable, the rest of the terms stay in effect, and the invalid provision is adjusted as little as needed to make it valid.

Waiver. A waiver only counts if it is in writing and signed. Waiving one provision does not waive any other.

Notices. Written notices may be delivered in person, by confirmed email, or by registered post to the addresses on record.

Independent parties. The parties are independent contractors. Nothing in these terms creates a partnership, joint venture, agency, or employment relationship.

13. Acceptable use

When you use this website or our services, you agree not to:

• Break any applicable law or regulation
• Infringe the intellectual property rights of others
• Send malicious code, viruses, or other harmful software
• Attempt to gain unauthorised access or to hack our systems
• Send spam or unsolicited messages
• Take part in activities that damage our reputation
• Resell or redistribute our services without permission

You are responsible for making sure your use of the services complies with the laws of your jurisdiction.

14. Communication preferences

When you engage us, you agree to receive business messages such as project updates, invoices, and service notices. With your consent, we may also send you news about our services and occasional promotional messages. You can opt out of marketing messages at any time by using the unsubscribe link in our emails or by writing to us at contact@webority.com.

15. Contact

If you have any questions about these terms, please contact us.