Terms & Conditions

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TERMS AND CONDITIONS

Please read these terms and conditions carefully, as they set out our and your legal rights and obligations in relation to services offered by Webnexs.

The Product

  • Deliver the product as per the specifications in Scope of work.
  • Keep the customer informed on the progress and development of the project within the timescales agreed between Webnexs and the customer once each phase is getting done.
  • Provide the customer with access to a demo server during the delivery and acceptance phase
  • Make any modifications to the design as outlined in the delivery and acceptance criteria as noted below, if any specifically mentioned in Scope of work.
  • Prepare and release the design to be installed by the customer.
  • Webnexs sells products and not services to its customers. Any additional features, variations from the one as seen by client through various demos will be considered as customisations and will be charged at USD 25/ Hour.

Communication:

The mode of communication to get support from webnexs will be limited to support ticket via support@webnexs.com. Telephonic and Live Chat support is limited to Pre-Sales Department.

Delivery and acceptance

Webnexs will use all reasonable endeavours to deliver the project to the customer for acceptance testing on or before the agreed delivery date. During the acceptance period, the customer will carry out acceptance tests via an online demo server to determine:

  • The design conforms in all material respects with the original specification as outlined in the scope of work document.
  • Whether the product has any Defects.

Charges and payment

Webnexs will not charge more than the amount previously agreed unless the customer has varied the specifications of the product features, designs other than the one shown in demos. Webnexs will not undertake changes to the specifications of the work, which would increase the cost, without prior written authorisation from the customer. A 100% deposit is payable by the customer to Webnexs before the project starts. Update will be provided as per the prior agreed deadlines.

Offers and Proposals

Offers and proposals made by Webnexs to potential clients should be confidential and remain the property of Webnexs. Such offers and proposals or the information contained within them must not be passed to third parties or publicly disseminated without prior written authorization from Webnexs. This includes, but is not limited to, technical features, functionality, aspects of the design and pricing information.

Supply of Materials

The customer is to supply all materials and information required for Webnexs to complete the work in accordance with the agreed specification, . Such materials may include, but are not limited to, photographs, written-copy, logos and other printed materials. Where the customers failure to supply such materials leads to a delay in completion of the work, Webnexs has the right to extend previously agreed deadlines for the completion of the Work by a reasonable amount.

Warranty by Client as to Ownership of Intellectual Property Rights

The Customer will obtain all the necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names and trademarks or any other material it supplies to Webnexs for inclusion on the Web design project.

The conclusion of a contract between Webnexs and the customer shall be regarded as a guarantee by the customer to Webnexs that all such permissions and authorities have been obtained and that the inclusion of such material in the Web design project would not constitute a criminal offence.

By agreeing to these terms and conditions, the Customer removes the legal responsibility of Webnexs and indemnifies the same from any claims or legal actions however related to the content of the Customers site.

Right to Terminate

Webnexs reserves the right to refuse or break a contract without prior notice, if it is believed that the Client, their Website, or any material is illegal, immoral or it goes against the scope of work or otherwise unacceptable.

Events Beyond the Control of Webnexs

Webnexs will not be liable for breach of contract where that breach was due to software, hardware or electrical failure, natural events such as fire or other events beyond the control of Webnexs

Consequential Loss

Under no circumstances will Webnexs be responsible or liable for financial or other loss or damage caused by the failure or use or misuse of its software or when accessing the customers web site. The Client should ensure that data on their site is regularly backed up and that a contingency plan is in place to minimize possible losses as a result of software failure or site access.

Jurisdiction

You agree that all claims, differences and disputes arising under or in connection with or in relation hereto the Website, these Terms of Use, the Agreement(s) or any transactions entered into on or through the Website or the relationship between you and Bright Livingstone consultancy Pvt Ltd shall be subject to the exclusive jurisdiction of the Hight courts in Chennai, India and you hereby accede to and accept the jurisdiction of such courts. Each party hereby irrevocably waives any objection which such party may now or hereafter have to the laying of improper venue or forum non convenient. Each party agrees that a judgment in any such action or proceeding may be enforced in other jurisdictions by suit on the judgment or in any manner provided by law. Any and all service of process and any other notice in any such suit, action or proceeding with respect to this Agreement shall be effective against a party if given as provided herein.

Webnexs reserves the right to change the terms & conditions outlined in this document. As per the Doctrine of Constructive Notice, its construed that the client can access this document, which is held open for all, under the meaning of public document and all informations provided here are to be accessed by client for his satisfaction.

REFUND POLICY

(a) The Client shall pay to us the amount as mentioned on the website, where the order is placed, as one-time, upfront fees in consideration for the softwared delivered and rights granted by us. The charges to be paid by clients shall be paid upfront at the time of placing the order, and no credit will be allowed under any circumstances.

(b) Once paid, the charges shall be non-refundable. The Client has fully satisfied itself about the product and has seen the demonstration, and only thereafter has placed the order. After the purchase, the client will get the complete source code of the module and can be used for the purpose they bought (which is not encrypted), hence all sales are final. Purpose includes facilitation of features of their ( single client ) ecommerce store. We cannot provide refunds, returns, exchange or demo copies of our products. If Client has any questions or concerns, please email us or post a ticket in the ticket support system before buying the product. We will be happy to help you and we will ensure that you will be happy with your purchase. Thus, the Client Fees or any part thereof is non-refundable. No claim for refund of the Licence Fees shall be entertained under any circumstances.

(c) We retain the right to terminate the support at any time, if the client is not abiding by any of the terms of the Agreement. The Client may terminate the Agreement at any time at its own discretion by uninstalling the product and /or by destroying the said product (or any copies thereof). However, the Client shall not be entitled to seek any refund of the amount paid by it to us, under any circumstances.

(d) In case the product/ software is not working in client site, we would seek website, server, remote logins access details of all nature to the root to resolve the problem. If the client cannot provide us the details, then please don't purchase the module as we will not be able to process any request for refund.

(e) Before purchasing any of our products, the client should read the product details and also check the DEMO screens/ pages/ sites very carefully. Only if the client is completely satisfied, the product should be purchased. However, if the product is not working as per the details & DEMO provided and we are unable to resolve the issues, then only the amount received by us will be refunded to the client without any interest, damages etc. whatsoever.