WEBIPE - Web Development, Web Design, Web Hosting, Digital Marketing, Graphics
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Webipe welcomes you to know more about our terms & conditions. We believe in keeping transparency and in order to let you know our terms and conditions, all our terms and conditions are given below.
Webipe - Standard policies and terms and conditions. Given policies and terms of services are mandatory for signing up with us and using our hosting services. Kindly make sure that you read the policies carefully and agree to the same before signing up. If you have any query or questions about the same, you may contact us any time. Webipe reserves the right to change the use policies and terms anytime. We are serving a huge community of clients and it has been always our first priority to care about the security of each and every client.
PLEASE READ THIS AGREEMENT AND TERMS OF SERVICE CAREFULLY, BY CLICKING ON THE "I AGREE" BUTTON OR CHECK BOX ON THE ORDER FORM FOR ANY SERVICE PROVIDED BY WEBIPE, YOU ARE AGREEING TO BE BOUND BY THE TOS AND ALL TERMS AND SERVICES, SERVICE AGREEMENT INCORPORATED BY REFERENCE. YOUR USE OF THE SERVICES FURTHER CONFIRMS YOUR ACCEPTANCE OF THESE TERMS OF SERVICE AND THE AGREEMENT.
Accounts
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
Change in Packages and Pricing :
Webipe reserves the right to change the price and services of its services and packages at any point of time. The information regarding prices and services available on our site may be changed without any prior information. Increase in price of our services is our sole decision and for all new deals, new price will be applicable. Webipe can increase the price anytime and new price will be effective for the new deals but the orders placed before the announcement of the new price will be considered at the old price only.
The information published on our website regarding prices and services may be changed at any point of time, without prior intimation. Also, increase of prices would be a sole decision of Webipe This would be effective for the new deals but the orders placed prior to announcement would be treated on previous slot. Account setup: Your account would be setup after the receipt of your payment is received and confirmed by Webipe on completion of screening procedures. It is your liability to give us proper information to verify the same and if you don't do so, your account creation will be delayed.
Late / Non-Payment :
We will try our best to contact you, by all the possible means, yet it is your (client's) responsibility to keep up accurate and updated details, like address, contact and billing information etc.
Regular updates of details : We use the contact details that are contemporarily available with us. In case, you fail to receive our notices due to changed contact address (which you have not updated with our records), we will not be responsible for the same. The responsibility to keep information current totally lies with the clients. We are not responsible for the action taken in consequence to the client's failure to receive/respond to the notices sent by Webipe
Spam Policy :
We carry zero forbearance approach towards Unsolicited Commercial Email (UCE) or SPAM, on our network. None of our customers or associates is permitted to use our network for managing Unsolicited Commercial Email. Resellers of the Webipe shall not host, or consent hosting of, sites or any information publicized by UCE from other networks as well. Contravention of this policy may result in strict penalty, including immediate annihilation of services. We initiate instantaneous investigation upon the notification of such violation with our spam and UCE policy. For the duration of this investigation we may put a ceiling on client's access on our network. In case the violation gets confirmed after investigation, we reserve rights to cancel, abort or terminate the respective account, without a prior notice. In addition, we hold right to follow civil course of action, for the cost allied with the investigation. We may notify law enforcement officials if the violation is proved as a criminal offence.The violations of this policy will result in penalties. We would charge Administrative Fee against these violations. The first case of such violation would be charged as Rs. 5000 with termination of Customer's account. The repetitive case or second violation will be charged as an administrative fee of Rs. 7500 with instantaneous termination of Customer's account. Spamming is prohibited with us so PLEASE, DO NOT SPAM from your account.Our resellers would be solely accountable for the activities of their clients on network of Webipe, hence we suggest our resellers to develop analogous policy for their clients. Webipe doesn't allow mass mailing from its shared servers. We do not entertain any type of deals with such sites. Sending mails in bulk quantities should not be done with your account on SMTP server. We suggest you to take specialized services from the third party or you may go for your own dedicated server.
Proscribed use of services and products :
The mode to use our services is a sole decision of company, and all our clients and associates have to follow the same, in any circumstance. Customer may only use Services and Products in a manner that, in the Company's sole judgment, is consistent with the purposes of such Services and Products. If Customer is unsure of whether any contemplated use or action is permitted, please contact the Company as provided above. By way of example, and not limitation, uses described below of the Services and Products are expressly prohibited.
General :
Illegal Activities: Broadcasting, storage, or circulation of any information, data, or material in breach of any relevant law or guideline, or that might facilitate the breach of any particular law or regulation is strictly forbidden. We reserve the right to assist with legal authorities or wounded party during investigation of any alleged crime.
Injury or peril to other members: None of our client is allowed to use our services or products to destruct, or attempt to destruct, in whichever means, as well as not for pornography, or send out any material, by any mode (e-mail, uploading, redistribution or otherwise) that terrorize or promote physical injury or obliteration of belongings.
Copyright or trademark contravention : Clients can not use any of our service products to broadcast any material (by e-mail, uploading, posting or otherwise) that violates any copyright, patent, trademark, or trade surreptitious or other proprietary civil liberties of any third party, including, but not limited to, the unlawful copying of copyrighted material and digitization and circulation of images or photographs from any source like magazines, books, or other copyrighted sources, and the illegal allowance of copyrighted software. Clients can not use services or products to assemble, or try to assemble, private information/details about third parties, devoid of their knowledge or written consent. Circulation and/or redistribution of copyrighted or the aforesaid intrusion will not be endured.
Maltreatment Of System And Network :
Contraventions of system or association security are forbidden. These kinds of activities may lead to criminal and civil liability. We shall file a criminal case for any of the activity intended to leak or attempt to leak in network security (importantly including below mentioned)
Prologue of malevolent programs in our network or any server owned by us. The common examples are viruses and worms. The "disruption" also includes, but is not limited to flood pings, port scans, packet spoofing and forged routing information as well
Carrying out security breaches or disturbances of Internet communication. Security breaches comprise approaching data, of which client is not an anticipated receiver. This also includes cataloging into a server or account that client is not particularly endorsed to access.
Any sort of network monitoring which seizes data unintended for the sever of the customer is subject to execution.
Users are not allowed to use any program/script/command to interrupt or disable any terminal or account.
Creation of an active?? full duration connection on an account provided by the company by the employment of artificial means through programming, software or any other such method.
Any attempt to surround or change monitoring, utilization reporting, bandwidth tracking or other such actions which consequently complicates the conventional operational functions of the company, comprising but not confined to changing, removing or in any manner altering or tampering with the log files created by the company.
Determination of any action by the company, in its own discernment, will negatively affect the operations of the company or reflect poorly on it.
Some act which the Company deems to be an unacceptable use of resources, business practice or otherwise intolerable to the Company.
Proscribed Scripts And Programs :
There are fixed standard rules applicable to all scripts. Read ahead to know these rules: The duration of script use on processor, should not exceed from a few seconds otherwise it would be removed. Scripts are not allowed to use large amount of system resources. In case script consume lager amount of RAM or processor, account would be immediately suspended, awaiting a substitute solution. Same way in case a site found using 10% amount of system resource would be instantaneously suspended, awaiting a substitute solution. Referred or external sites are not allowed to use any scripts. Webipe's server does not allow the use of scripts 1.interact with the hardware 2. Interact or influence server configuration files. Infringement with this policy may result in immediate suspension of account, without any prior intimation. Use of resource incentive scripts like chat room scripts coded in Java or Perl are not allowed on Webipe's server. Webipe has debarred following scripts because they are supposed to be either resource hogs or detrimental: UltimateBBS Ikonboard FormMail CgiEmail Eggdrops and IRC Bots (PSYBNC, etc.) IRC Servers/clients (ircd, etc) IRC BNCs (PsyBNC, BNC) Network/System Security Auditing Tools Exploits Daemon Processes Game Servers Proxy Servers Web/CGI based telnet servers The Anonymizer Any Soap Mailers Transmission of Unsolicited Email or SPAM Portscanning CGIs Security Auditing CGIs false identity & pyramid/ponzi scheme Scripts Shell, SSH, Telnet Scripts and Shell, SSH, Telnet Alternatives. Any script that uses & processes a massive number of flatfiles or large flatfile databases.
LOSS OF BACKUP AND DATA :
Usage of our services is at your own solitary risk. Webipe is not accountable for any data and/or files domiciling on your account. You agree to be responsible for data transfer, files and maintenance of proper backup of data and files put up on our server. We are entitled to take weekly backups of data which have been changed or are new. These backups serve the purpose of server restoration.
Mailing List Hosting We do not entertain any hosting for the running of mailing lists. Any mailing lists found in our servers will be shut down by us without any prior notice. Pornography or any other sex related marketing are subjected to prohibition on any of the servers of Webipe. Any site that contains sexual content or links to any sort of adult content elsewhere is included in this. The same holds true for the sites which encourage any illicit activity or are in any way detrimental to Webipe servers or any other internet server. Even links to such sort of materials are subject to prohibition.
What do you own and What Not: Source Code/Database of Website :
Web Server: Clients get web hosting complimentary with the package, if stated in the email/proposal offered by our sales team. Thus, they don’t own it.
We do not provide clients any panel to manage your hosting and hosting service.
Content Management System (CMS): Clients Don’t Own This. A Web Application that is used to manage the administration of content for your website. The CMS (and all software) is owned by the creators i.e. Webipe and you use it as long as you run this website on our server.
Database Software: Clients Don’t Own This. Clients dont have write on the Database Software such as MySql created by Webipe. Clients own their website data and content stored in the database if they have written it.
Source Code (other custom programming) – Clients Don’t Own This. The programmed code created in the language of the Web Server Platform that contains the logic and connectors to other software running on the server. Source code may also communicate with outside integrated system servers. The source code will generate the HTML/CSS/Javascript for the browser to render to your screen.
HTML/CSS/Javascript : Clients Own This. HTML and CSS are the building blocks of almost all websites. It is a language that browsers understand. The Javascript is programming that may alter the HTML and CSS as one interacts with the website. Webipe provides an agreement giving HTML/CSS/Javascript ownership to you upon completion and final payment of the project.
Visual Design – Clients Own This. The combination of layout and presentable graphical assets like colors, photography and typography to create the user interface, images and videos, and readable content of the website. The HTML/CSS/Javascript will contain the information to display these assets so the browser can render the website on your screen. Webipe provides an agreement to clients giving website visual design ownership to you upon completion and final payment of the project.
Text Content – Clients Own This. The formatted, readable, search engine indexable, copy and pastable website text that is rendered in the browser. Client will own his/her website text content if they or their employee authors the content.
Photography – Clients Own This… If they Took The Pictures. The entire or part of a digitized photograph used on a website as either part of the logo, user interface, slideshow, gallery, video or other visual design asset. Client will own their website photography if they or their employee captures the photographs
Domain Name – You Don’t Own This Either. The Domain Name appears in the address bar of the browser. It is the humanly memorable, identifiable part of the website URL that is indexed by search engines, displayed in most marketing, and remembered as part of the brand. Clients do not actually own a domain name even though they are a registered domain owner. They have a contract with the domain registrar giving them “ownership” of the domain much like a contract with a telephone company for a phone number. Domain name registration with a registrar does not confer any legal ownership of the domain name, only an exclusive right of use.
The Legal Reality of Owning a Website : Clients will never legally own the domain name, web server platform, CMS, web platform, database software, or language used to build your website. Webipe only grants a license to use the Intellectual Property of the website created by Webipe using its own customised code to build it. Only if a client program the website himself/herself or have a “work for hire” agreement, he/she will own the website source code. If the client authors his/her own content, design the interface, take his/her own photographs, and create his/her own graphics, he/she will own all of the website “visual design” and content. Actually, clients only own the "Finished Assembled Work" i.e. HTML/CSS/Javascript, visual design, and the text content upon completion and final payment of the project.
Conclusion: If a client wants the source code of the website, Webipe will not share its CMS technology, Databases, Location wise Sub-domains or Sub-directory web pages or Web Hosting Details of the website. Back-End of our Template based as well as Customised Website (Admin Panel/CMS) + Location Wise (Sub-domain) Web Pages developed by Webipe Team is the result of huge research, innovative ideas and years of hard work by Webipe. Webipe holds rights of its technology and at any point of time, if client wishes to discontinue services with Webipe, client can take control panel of the domain name (if purchased by Webipe) after paying all due payment (if any). Webipe will not share its source code / backup of the website which includes its Admin Panel/CMS, Database mysql files. Client owns the right to get HTML/CSS/Javascript, visual design, and the text content upon completion and final payment of the project.
Web Hosting Details: At any point of tiame, Webipe will not share Web Hosting Credential with clients to protect technology of website & maintain security of web server from any malware/viruses. Web Hosting is a service provided with Website Service to client. Webipe holds the rights to deny client from installing any open source or 3rd party software/plugin/module/component/cms like wordpress, joomla, drupal, magento, shopify etc.
Domain Details: As long as client continues to run website with Webipe, Webipe will not share credential of domain purchased by Webipe for the Website of client. But if, client forces Webipe Team to provide control panel of domain, Webipe will provide the credentials of domain to client after getting written email from client that “If anything bad happens to the structure or promotion of the website, Client will be solely responsible to it. Webipe will not be responsible after providing the credential of the domain.”
Working on Client’s Server: We don’t host web applications / websites / portals designed and developed by Webipe on client’s server.
Support :
Support for the problems and issues in control panel, would be provided to certain limitations including basic functions like addition or deletion of accounts, DNS functioning, change of password etc. Limited support would be provided for third party software such as PHP-Nuke, Advanced Guest Book, phpBB, osCommerce, etc. Moreover, Webipe will not entertain any Free Add on scripts inclusions on the control panel, matters related to software error or bugs which come as a 3rd party member and have to be directly reported to the software vendors for any kind of support. Web development, 3rd party scripts and software such as installation, maintenance and compatibility and/or current day-to-day administration tasks such as email accounts,domains and establishing new users are not the fields of concern for Webipe. However, Webipe may aid initial custom configuration or set up of the server, which include email accounts, domains, establishing new users and software adjustments, at its own Webipe (which includes SSL Cert, clientexec, etc.) without charging any additional amount.
Installation of 3rd Party software :
Users carry complete responsibility in case they install 3rd party software in web space. Tracing of hack or unusual activates due to less security in software, would be resulted as termination of account without prior notice. Specification And Limitations Of Responsibilities Any damage including accompanying or momentous damages, caused for unavailability or being offline of our servers. Webipe shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from our servers going off-line or being unavailable for any reason whatsoever. Webipe is not accountable for any claim compensation, counting incidental or consequential compensation which might be turned out from the sleaze or removal of any website from any of our servers. Immediate termination of services has to be the final or maximum limitation in such cases.
Stipulation & Disclaimer :
Webipe is not responsible in any case of loss of data, crashes and system failure/downtime. In addition we are not accountable for any envisaged guesstimate of profits, client may achieve with the functioning of their website. Webipe also resell few of its services hence certain tools, routing, software, or programming used by us, are not directly possessed or written by Webipe. Webipe carries no accountability for the utilization of our client's accounts. Failure to follow any terms or conditions, would lead the account to the deactivation, without any discussion. Decision to delete or deactivate any account, would be solely based on terms set by Webipe, and can be taken without any notice or prior intimation. Additionally we reserve the sole right to change or modify these policies, guidelines and disclaimer, at any point of time, without any prior notification.Webipe owns the right to change / modify the Terms and Conditions at any point of time. (Already on our website)
Copyright Policy :
Webipe has exclusive authorization to shield all the information / material / services / contents by copyright law and other intellectual property laws. Replications of any information / material / services / contents would be a subject of legal action under the law of copyright.
Guidelines for use of Site Information and Materials :
Viewing / downloading / printing / distribution of material and information available on Webipe are subject to following stipulations: Use of information should only and strictly be non commercial, whilst it can be used for personal or informational usage. Commercial use of information is approved only with preceding written sanction from Webipe. Deletion of any proprietary notice or copyright enclosed in documents is strictly forbidden. Webipe carries the right to rescind the print, view, download, distribute, and circulate the information uploaded on Webipe at any time even without any predefined schedule. The rights granted to you constitute a license and not a transfer of title.The aforementioned rights to view, download, print, distribute the information available on Webipe are not applicable to the design and layout of this site. Webipe has protection of Trade dress and other laws and hence is not permissible to be imitated as intact/in entirety or in parts.
Warranty :
Warranty and disclaimers excluding provided in a written agreement amid you and Webipe. All the material & services on this site are devoid of any kind of warranty either articulated or oblique but not bound to the obscure warranties of commercial ship or suitability for a scrupulous reason, or the warranty of non-contravention. With no restraining to the prior, Webipe provides no warranty that: The services and materials would be strictly in accordance to your requirements. Fault freeness, security, uninterruption and well timely execution of services and materials. Accuracy effectiveness and reliability of services and materials and services. Immediate correction of any software error is not guaranteed by Webipe. A few circumstances or jurisdiction do not permit of obscure warranties or restrictions on the duration during which the warranty would last. Therefore the abovementioned limitations may not apply to you to the extent acceptable. Kindly note any implied warranty that would limit to a maximum duration of 90 (ninety days). Relevancy and contemporariness of data / information is not guaranteed by Webipe. Webipe is not accountable for any error of omission and editing of information / document / materials. This site possibly will comprise technical errors, inexactness, typing or other errors. In any case Webipe and its associates would not be liable to any third party for any special, disciplinary, accompanying, indirect or momentous damage of any kind. Webipe is not responsible for any damage to your computer system or data loss while downloading any information from this site. User would be solely accountable for any and every kind of data loss / technical problem. The links existing on this site are not being commanded by Webipe. Hence we do not represent or recommend any of them. The right of entry of these links is not under control of Webipe therefore we are not responsible for any kind of precision and reliability of information / facts available on non-Webipe websites. Webipe is contacted / accessed and is used in various countries because of which it may contain such programs or services which are not publicized in your country.
Trademark :
Logo and trademark and services marks put on view on this website for viewing are solely owned by Webipe and any personal or commercial use of the same is strictly prohibited, without the written permission of Webipe.
Privacy Policy :
All the information provided by you, would be used in accordance to respective laws. The information / data provided by you shall not be shared with any external organization or for any other commercial usage without your written consent. It would be however available to all the divisions / sister concerns / ventures of Webipe. In order to facilitate the utilization of the services and maintain the continuity of a visit & help navigation on the site, we make use of temporary cookies. Updating / modification / deletion of your data / information would be done on your written request only.
Payment and Refund Issue :
All the payments would be accepted on standard modes set by Webipe. As we at Webipe keep up high interactions with our clients and carry out the entire process with their approval thus there is no provision for any kind of full or partial refund. We clearly mention here that the paid amount would not be refunded in any circumstances. Once an order is placed it cannot be cancelled as it is sent for processing immediately. Your personal preferences changed in the course of time, cannot serve a reason for refund or chargeback. The company will not provide the content through any other media such as CD, pen drive, movable drives etc. to avoid unwanted complications and technical issues. On provision of this information, you would be solely responsible for the login information as well as content of the sites so provided. All payments for services Webipe have to be made in favour of "Webipe" only. We have not authorized any individual or organization to collect payments in any other name (i.e. any other individual or organization name) for any services rendered by Webipe. You are informed that under no circumstances will Webipe be liable for any damage caused in your business transaction to such fraudulent individuals or organizations.
Matter of Disputes and Jurisdictional Aspects :
For any kind of legal dispute related to Webipe would be dealt in only territory of Jammu & Kashmir. All the legal issues are subjected only to pertinent contemporary's laws in force at Jammu & Kashmir to the jurisdiction of courts located in Jammu & kashmir only.
Governing Law and Jurisdiction :
This Agreement and any dispute or matter arising from incidental use Webipe is governed by the laws of India and the Member and the Company hereby submit to the exclusive jurisdiction of the courts at Delhi, India. This Agreement, accepted upon use of the Site and further affirmed by becoming a Member of the Webipe, contains the entire agreement between you and Webipe regarding the use of the Site and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.We anticipate that the aforementioned information would enable you to shrewdly use the facilities and services offered by Webipe and strengthen our business associations as well. With the warmest greetings, Team Webipe is all set to assist you to serve with the best possible solutions.
Hosting Terms of Service
Hosting Agreement by WEBIPE:
Webipe reserves the right to refuse service and/or access to its server to anyone. The services provided by us must be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any applicable law or regulation is prohibited.
The activities listed below are meant to provide you with examples of activities and content that are strictly prohibited.
Topsites, ponzi or pyramid schemes, prime banks programs, bank debentures/bank debenture trading programs, cryptocurrency/bitcoin miners, forex, e-gold, proxy, bots, spam bots, mail bombers, port scanners, IP scanners, mail harvesting scripts, brute force scripts, chat rooms, banner rotators, file dumps, using disk space as secondary storage, sales of illegal pharma, drugs, explosives, anonymous or bulk sms gateways, malware, warez, phishing materials, lottery, gambling, illegal downloads, pirated software distributions, escrow, high yield investment programs, adult thumbnail galleries/banner exchanges, streaming or broadcasting of live copyrighted events. Websites promoting illegal activities or linking to other websites that promote illegal activities.
Website content that promotes or advocates human trafficking in any way shape or form as determined by Webipe’s sole discretion, sites that promote prostitution, or escort services.
Websites that promote/represent/accept religiously extremist groups/sayings as determined by Webipe’s sole discretion, sites that promote/support terrorist activites and/or sites made with similar intention.
Any website found to host illegal/child pornography, link to child pornography or exploitative content will be suspended immediately without notice or warning.
Embedding or uploading audio/video/high resolution images on website or linking to other websites that promotes audio/video/high resolution images.
Illegal Material - This includes copyrighted works, commercial audio, video, or music files, and any material in violation of any regulation or material that is perceived to be misleading.
Warez - This includes, but is not limited to, pirated software, ROMS, emulators, phreaking, hacking, password cracking, IP spoofing and encrypting of any of the above. It also includes any sites which provide "links to" or "how to" information about such material.
Games - We strictly do not allow to host any kind of games on our servers. Your hosting account would be immediately terminated if we found any games hosted on your hosting account. This does not include blogs related to gaming or news websites related to gaming, We only prohibit using the account as a game server.
IRC Hosts - Hosting an IRC server that is part of or connected to another IRC network or server or have a connection to an IRC network. Servers or Virtual hosting accounts, found to be connecting to or part of these networks will be immediately removed from our network without notice. The server would not be reconnected to the network until such time that you agree to completely remove any and all traces of the irc server, and agree to let us have access to your server to confirm that the content has been completely removed. Any server guilty of a second violation would result in immediate account termination.
Webipe reserves the right to deem any other content or literature as "prohibited" if found to be indecent, rude, hate content & generally unacceptable.
Refer General Acceptable Use Policy for complete details on prohibited content and activities.
In compliance with DMCA act, Webipe has adopted procedures for parties who believe that a hosted site on our service is infringing their copyrights. All copyright complaints must be submitted to we@Webipe.com
Abuse Of Resources
Any attempts to compromise or actual compromise of a network device belonging to Webipe or any other company, individual, or other entity is strictly prohibited. This offense also includes port scanning, IP range scanners and vulnerability scanning. All infractions and or suspected infractions will be vigorously investigated and may result in immediate termination of service.
Denial of Service (DOS) attacks directed at Webipe, or any attempts to launch a Denial of Service attack from our servers are strictly prohibited. All infractions and or suspected infractions will be vigorously investigated and may result in immediate termination of service.
Hosting any software, source code or any other material that is illegal or could be used to commit an illegal act is strictly prohibited. This includes but is not limited to software exploits; exploit source code, hacking tutorials, hacking tools, viruses and Trojans, bomb making and similar device tutorials. All infractions and or suspected infractions will be vigorously investigated and may result in immediate termination of service.
The hosting of material that infringes on any copyright, trademark and or service mark is strictly prohibited. This also includes the storage and transmission of pirated movies, music, software, ring tones or anything else considered "Warez". Any authentic complaint received will be investigated and may result in termination of service.
The hosting of defamatory, scandalous, or private information about a person without their consent, intentionally inflicting emotional distress, or violating trademarks, copyrights, or other intellectual property rights.
Any attempts to undermine or cause harm to any of our servers is strictly prohibited. We hold no responsibility for the use of our clients' accounts. Any account that abuses the resources and actions are not taken to desist the activity, calls for immediate deactivation without any refund. Any site using what we deem to be using excessive CPU cycles or any resources that cause strain to other sites may also be offered new terms ( i.e.,. upgrade). Although we offer 99.99% up time we can not fully guarantee this, this is due to the updates and up-gradation we carry out which is also a part of our maintenance.
If any client is in any way disrespectful towards any member of the Webipe staff we have full right to remove them from our services without any refund.
Unsolicited commercial e-mail/Unsolicited bulk e-mail (SPAM)
Use of our service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violation of this SPAM policy will result in severe penalties.
Upon notification of an alleged violation, we will initiate a full scale investigation during which, we may restrict customer's access to the network to prevent further violations. If a customer is found to have violated our policy, we may, at our sole discretion, restrict, suspend or terminate the guilty hosting account. Further more, we reserve the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. We will notify law enforcement officials if the violation is believed to be a criminal offense. Anyone using our service to host websites or services that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their account(s) immediately suspended and an administrative fee of $200.00 will be charged to your account. The account will not be unsuspended until such time that you agree to remove any and all traces of the offending material immediately upon reconnection. First violations of this policy will result in a warning and your account will be reviewed for possible immediate termination. A second violation may result in an immediate termination of your account and the administrative fees will be $450. Severe violations may result in immediate and permanent removal of the account(s) from our network without notice to the customer.
We have a zero tolerance policy for the use of our service towards posting of messages or commercial advertisements which violate the rules, regulations, or charter of any newsgroups or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.
We also prohibit hosting of publicly-accessible "open relay" SMTP or anonymous remailer service for any purpose, cause, or reason what-so-ever.
Bandwidth
If the customers account exceeds the bandwidth limit, we would inform the customer. If the customer does not wish to purchase extra bandwidth or upgrade his account and continues to exceed their limit, the account shall be suspended until the customer takes measures to ensure that the limit wouldn’t exceed again or when the account is upgraded, which ever is earlier. The account would be reactivated in the following month.
Commercial Advertising- Email (SPAM)/UNSOLICITED COMMERCIAL EMAIL (UCE)
Spamming, sending unsolicited emails from our servers or using email addresses that are maintained by us is STRICTLY prohibited and will qualify your site for immediate deactivation with no refund. Webipe would be the sole arbiter as to what constitutes a violation of this provision. Standard email limit of 150 emails is set for all plans. [Please consider a third-party service if you are looking for extra emails.]
We do not guarantee Inbox email delivery with any of our hosting plans.
We currently do not provide/offer support related to development/setup of NodeJS/Python applications, users are required to have the necessary knowledge to operate their applications.
Backup Policy
Your use of the Services is at your sole risk. You agree to back-up all of your User Content so that you can access and use it when needed. Webipe does not warrant that it backs-up any Account or User Content, and you agree to accept as a risk the loss of any and all of your User Content.
Unlimited Daily Backups: We offer daily backups on some of our hosting plans, the daily backups are kept for 7 days.
The client is responsible to inform Webipe of any discontinuation of service beforehand so that we can de-provision it accordingly.
You as a Webipe User agree that in no case, Webipe can be held responsible for the loss of data in any circumstances.
Unlimited Hosting
The size of each mail box should not exceed 5GB and combined mail box size per domain should not exceed 50GB. This is applicable for Web Hosting plans.
Uptime Guarantee
Any service interruptions or downtime due to scheduled maintenance by Webipe or our network providers will not count towards the uptime guarantee. Webipe is not liable in any way for failure of third party services.
Webipe will not be liable for failure or delay in performing its obligations if such failure or delay is due to circumstances beyond its reasonable control, including but not limited to acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labour disturbance, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies or power used in or equipment needed for provision of the Services.
Security
You are responsible for any misuse of your account therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach the security of another account or attempt to gain unauthorized access to another network or server.
Your password provides access to your account. It is your responsibility to keep your password secure.
Sharing your password and account access with unauthorized users is not recommended. You should take care and prevent others from using your account since you will be responsible for the consequences.
Attempting to obtain another user's account password is strictly prohibited, and will result in termination of service.
You must adopt adequate security measures to prevent or minimize unauthorized use of your account.
You may not attempt to circumvent user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.
You may not attempt to interfere with service to any user, host or network ("denial of service attacks"). This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host. Users who violate systems or network security may incur criminal or civil liability. Webipe will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.
Account Termination
Your hosting account at Webipe can get terminated due to following reasons:
You decide to discontinue : At any point of time, during your subscription, if you no more want to continue with our services and want to place a cancellation request with immediate termination, your hosting account will be suspended right away and will be terminated within 24 hours.
Cancellation upon expiration : If you place a cancellation request to discontinue our services after your subscription expires, your hosting account will be suspended at the end of the subscription and will be terminated within 24 hours (after the expiration date).
You did not renew : In case you fail to renew your hosting account on the due date, your hosting account will be suspended after 24 hrs and will be terminated within 14 Days (after the expiration date).
You violate our Terms of service : If you violate our terms of service during your subscription period at Webipe it will result in immediate account suspension and termination. As soon as we've been notified about the violation of service, we would usually take instant action.
Potential fraud : We have an anti-fraud system that monitors all the orders as soon as they are placed. During such an occurrence, we will carry out a verification process manually. In this process, if we ask for certain information and it is not provided the account suspension and termination will be done immediately.
A Dispute or ChargeBack : During the violation of our Terms of Service, we would initially suspend and give a 7 days timeframe to resolve the concern with Webipe before the termination occurs. If still, it remains unsolved termination of your hosting account will take place.
Note : It is advised to maintain a back-up copy of your hosting account to avoid losing your data because of the termination. All your files will be deleted from the server, once your hosting account is terminated and Webipe shall not be liable for the same.
Change of TOS
Webipe may modify these TOS at any time with immediate effect. Where the change in Terms is required by law or related to the addition of a new service, extra functionality to the existing Service(s) or any other change which neither reduces your rights nor increases your responsibilities, the TOS will be changed without prior notice to you and shall have immediate effect.
No clarification or explanation of the Terms provided by the Parties will have the power to modify the provisions of these TOS.
Webipe Service Agreement
The client‟s approval for work to commence shall be deemed a contractual agreement between the Client and Webipe. The approval for the work can be through either on Register/SignUp Form on the client area of Webipe website or with an email confirming back the quote (with the quote document attached) or the quote document signed by the client. Whereas, Webipe is in the business of providing Consultancy and allied Services on Computer based Information Technology, to its clientele, including any affiliates, subsidiaries, divisions of Webipe's clients and customers (hereinafter referred to as "Customers") and Webipe is in the business of producing Softwares, Designs, Software Planning Documents/Diagrams and Creative works for its Customers – whether copyrightable/patentable or not (hereinafter referred to as “Product” or “Products”) Now THEREFORE, in consideration of mutual promises, covenants and conditions set forth herein, The Parties hereto agree to the terms mentioned in this agreement/proposal. Important: Payment of the advance fee indicates that the client accepts these terms and conditions, and approves to commence the work.
Client agrees not to use the Webipe services/products delivered for any business which is harmful to the society or children or is illegal. Further the Client is fully responsible for all and any content published/distributed or allowed to be published/distributed through the Client‟s website whether hosted on servers owned/maintained by Webipe or by the Client himself. Client shall execute best possible precautionary and security measures to restrict any illegitimate use of the services/solutions precured from Webipe.
Webipe provides different types of technical support for following kind of issues:
a) Server side scripting/programming errors/bugs
b) Logical Bugs/Calculation related errors/bugsc) Connection errors/API Integration Errors Above support is not available if the errors/bugs arise due to any external entity. Examples: a) Server or software or application or extension downgrades or upgrades b) Edits done in the code/scripts delivered by any external entity/person/professional c) Operating System or Browser Version Downgrades/Upgrades d) Any other factor which is not directly related to any deficiency at the end of Webipe Above support is not available for following kind of instances, unless otherwise specifically covered in the scope of project and/or deliverables: a) Training for using the software/solutions delivered b) General enquiries/questions related to particular features of the software/solution delivered c) Cosmetic updates and/or UI/UX updates d) Enhancements or modifications in the default features/functional logics of the software/solutions delivered. Exclusion: Unless otherwise agreed explicitly, this Free Technical Support is not available for following kinds of engagement/association with Webipe: (a) Full Time Web Designer or Developer Engagement/Hired (b) Webipe Designers and/or Developers are working with Client Team directly where project management is being done by the Client Team. (c) Webipe is hired only for Installation and/or Support works and/or Quality only but not for the project development.
Both the parties agree to abide by the following terms: a) Unless otherwise agreed - Stock Images used for creating any banner or promotion graphic or animation are not part of the project deliverables, Client should purchase the license to use the rd stock images from respective 3 parties at his/her own cost. b) Webipe may use stock photographs and images while creating the website. Images and graphics purchased from stock libraries are not generally included in the quote and will be invoiced separately. c) At request of the Client - Webipe will keep the client updated about the stock images being used and the cost involved before raising the invoice. d) Images used by Webipe for product demos shall not be used by the client unless the client has purchased the usage rights for those images. Client shall be fully responsible for violation rd of any 3 party copyright. e) Images delivered by Webipe along with a bundled software/solution/script are for Demo Purpose only and shall not be used for commercial purpose. Client should contact Webipe for more information about the price of those images if the Client wishes to use those images for commercial purpose OR Client should replace the default images with the images owned by the Client.
Webipe makes every effort to design pages that work flawlessly on most popular current browsers i.e. latest version of IE/FireFox/Chrome released on the date of project agreement. However, Webipe cannot be held responsible for pages that do not display acceptably in newer versions of browsers released after pages have been designed. IE11 and older IE versions are outdated browsers and hence we don‟t design with them in mind. We recommend using latest version of Chrome or Firefox instead of older versions of Microsoft Internet Explorer. Webipe can work on improving UI/UX for older versions of Internet Explorer for an additional charge.
Search Engine Submission:
Following services are not part of the project unless agreed otherwise in writing: a) Submission of websites on different search engines. b) Securing good ranking of your website on different search engines. c) Search Engine Optimization – On Page/Off Page.
Unless otherwise agreed in writing, following services will be separately billed after the website has been made live: a) Content updates b) Refinements and logical tweaks to the website, which were not planned/approved by client earlier. c) Content presentation and design updates that were not planned/approved by client earlier.
After Webipe has delivered the website to client, client is solely responsible for the content/information/images posted on his website. If there is any error or omission by Webipe team while uploading/posting the content/information/images on client‟s website, Webipe will correct it if reported to Webipe representatives.
All material supplied by the client shall remain client‟s property. Webipe rightfully believes that this material belongs to the client and that it does not breach any copyright laws. Under no circumstances shall Webipe be held responsible for any claims, damages, and loss of profit or reputation caused to client due to the use of material provided by the client.
Webipe provides domain name consultancy if required. Domain names registered by Webipe on the client‟s behalf are property of Webipe until client has paid for the domain booked and any fee involved. Webipe agrees to transfer such domains to the client or his/her agent when asked to do so provided that all accounts have been settled. Note: Domains booked and owned by client are not subject to this term. This term applies only to those domains that are booked by Webipe upon the request of client.
Travelling time to and from the client premises is not generally included in our estimate. If a visit/travel is required for meeting, the client will bear all the expenses or as agreed by both the parties.
All third party costs arising from the registration of a domain name/purchase of third party utilities/services shall be met by the Client and are payable to Webipe before a formal application for registration is made. Examples of 3rd party fees are as under: i. Domain Names ii. Server Space Hosting Fees iii. SSL Certificates iv. Backup Services v. 3rd Party APIs, if any, required by „Client‟ to be integrated with the work ordered. vi. 3rd Party Plugins/Scripts/Applications/Software/Widgets/Services, if any, required by „Client‟ to be integrated with the work ordered. vii. Payment Gateways Signup and Recurring Fees
Unless negotiated otherwise, Webipe retains the right to list/display the client name and logo with or without work performed (Design/Development/Online Promotion) for the Client in its respective portfolios and promotion materials. This over-rides all previous agreements and NDAs signed.
The price quoted to the client is for the work agreed in the proposal document only. Should the client decide that changes are required after the project work has been initiated, then Webipe will provide a separate quote for the additional work and may need to review the timescale for completing the project. Cost estimates and prices quoted are valid for maximum one month unless otherwise agreed.
(a) Clients Based Outside India: International Wire Transfers, Credit Card/PayPal via Stripe payment gateway. (b) Clients Based in India: NEFT, RTGS,UPI,CASH or Physical Cheques mailed to our office address. (c) Payments for packages/services other than covered under ecommerce package and Mid-Size Business and Large Business Packages should be made via Wire Transfer only.
Both the parties reserve the right to cancel the project at any stage. i. In case the project is cancelled by Client, the payments made for the project can be refunded to the client after deducting the upfront payment amount received for Initiation of the project and the other payments received against the milestones completed. ii. In case the project is cancelled by Webipe, the payments made for the project can be refunded after deducting USD 15 per hour for the hours spent on the work performed for the client including but not limited to the time spent on project discussion, requirements gathering, project planning & documentation, project initiation and execution. After the payments are settled between the two parties – Webipe shall transfer to Client - all the documents, designs and scripts produced for the project.
Webipe agrees to finish the project as per the detailed project scope agreed to, within the agreed timeline. If the Webipe delays the project submission for client‟s final review by more than 8 weeks, then Client can request for cancellation of the project and seek the full refund, however, the refund amount shall not exceed the originally agreed project price (excluding the Amount Charged for additional requirements and change requests). Amount charged for additional requirements/change requests shall not be refunded. X% = 50/Project Duration Weeks (Calendar Weeks); X% should not exceed 4% unless otherwise explicitly agreed to. Penalty Amount/Refund applicable shall be adjusted against/out of the pending amount owed by the client towards Webipe and any remaining amount shall be refunded to the client via wire transfer or PayPal or any other mode of payment as per mutual agreement. Once full refund has been issued, the project shall be marked cancelled and Webipe shall be relieved from all liabilities towards the client and client shall not make any claims, objections, demands from Webipe for any loss or damages incurred at his/her end due to the delay. Webipe shall own all rights on the work done, designs, scripts, documents, other outputs and elements created for the project and client shall not use any of the work, scripts, designs, documents already delivered. Client shall be liable to pay full project price in case Client uses or copies any piece of the work, design, script, elements and documents produced by Webipe for the project.
Responsibilities applicable on Client: Client should provide all comments, feedbacks, suggestions about the project scope during the Detailed Project Scope Documentation phase; Subsequently any changes or modifications or enhancements done to the project scope would be additionally chargeable with or without delivery timelines revision. And if there are changes which are accepted by Webipe without additional charge, timeline should extend by the number of days required to implement those additional non-billable items. a. Client should make payments as per the agreed payment terms, else Webipe should be exempt from meeting the timelines agreed to, and will not be liable to any kind of penalties for the delay in delivery of the project. b. Client should provide his feedback on the work submitted for their review within 24hour, if there is a delay from client side in providing feedback on the work submitted for their review, Webipe should be exempt from meeting the timelines agreed to, and will not be liable to any kind of penalties for the delay in delivery of the project. c. If Client changes the Functional Requirement – Client understands and accepts that additional cost and working days will be added to the project, hence the project delivery timeline will need to be revised.
Unreasonable delays from client side in providing the required feedback/information/data to finish the project shall exempt Webipe from meeting the timelines mentioned in the quote. In case client does not provide required details/data/information for more than 5 working days, client authorizes Webipe to forfeit the payments made towards this project. In case, during the project duration, the client does not maintain communication with Webipe for more than 10 calendar days, client agrees that the project/services shall be deemed as received and accepted by the client, and the client further authorizes Webipe to mark the project completed and invoice the client for remaining un-invoiced amount as per the total project price agreed. However, Client can instruct Webipe to put project on hold provided: a) client agrees to pay project resumption fee of USD 1,000 or 30% of the total project price, whichever is higher. b) on-hold period does not exceed 1 calendar months c) client agrees the professionals attached to the project (Project Team Structure) may be different from originally agreed. d) client agrees to pay this project resumption fee every time a project is being put on-hold
Webipe ensures you get right assistance to resolve issues in a timely manner. If your concerns are not entertained to your satisfaction, you can escalate critical issues to higher level of management. You may follow the below-mentioned escalation matrix to avoid any delay or discomfort in the event of dissatisfaction. First Level Escalation: In case of delay in project timelines or unsatisfactory response from your associated Project Manager/Business Analyst, You may escalate your case to general support (support@Webipe.com) and expect a response within next 3 working days. Final Escalation: If you don‟t receive a satisfactory solution from any of the team members following the first level of escalation, or haven't received a reply within 5 business days after submitting your Feedback/Query/Complaint, you may escalate your case to our ADMIN (admin@Webipe.com). Rest assured that immediate action will be taken.
Client agrees that stipulated timelines cannot be met if the project scope is changed by client once the project scope document is finalized. Client agrees not to change the requirements without extending the original agreed timelines by minimum 1 week against each change request.
After client makes the agreed payment for the project, Webipe will not claim share in client‟s profits from business or from sale of business to some other company.
Webipe will retain the copyright of any material, including design, artwork and the source code, created for the client by Webipe. Webipe reserves the right to retain the copyright on all material created by Webipe unless otherwise agreed between the two parties in writing. As per the agreed terms client owns rights on following items: a) Logo/Graphics/Pictures/Images supplied by client – Yes b) Website Interface/PSD/Creatives/Designs – Yes, if client has ordered custom design with Exclusive Rights. c) Programming Files/Source Code – Yes, if the Client has ordered the project with Exclusive Rights. Client does not own the copyright/Intellectual property rights for projects being done on Single Domain License basis. d) If the project is being done on Single Domain License basis, Client owns the rights to use the system only on designated domains and Client should take reasonable care of the system files to restrict unauthorized access of the system scripts/source code delivered.
Unless otherwise agreed, Webipe is the owner of the source code and the intellectual property rights and reserves the right to reuse the code for other projects. Following terms shall be applicable and obliged: a) Client shall not create un-authorized copies of any Software/Scripts/Designs/File/Document/Information delivered to the Client by Webipe; b) Client shall not access and/or share and/or transfer any Software/Products/information/document owned by Webipe unless authorized to do so.; c) Client shall not reverse engineer any software/script/application owned by Webipe. d) Client shall not make any Software/Document/File/Information available to any third party in any manner, nor may Client use such works to provide services to any third party unless explicitly agreed otherwise in writing.
Notes: In no event, Webipe shall be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate these Web pages or website, even if Webipe has been advised of the possibility of such damages. Despite the best efforts of Webipe, errors in web page information may occur. At no time will Webipe be held responsible for accidentally including erroneous information, extending beyond correcting the error.
Should Webipe waive any of these terms on an individual basis, this shall not affect the validity of remaining clauses or commit Webipe to waive the same clause on any other occasion. By agreeing to this service agreement, your statutory rights are not affected.
ACCEPTANCE OF AGREEMENT. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF THE SERVICE AND ARE NOT RELYING ON ANY REPRESENTATION AGREEMENT, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
Webipe reserves the right to change or modify any of these terms or conditions at any time, but agreements signed prior to the updates in this agreement remains unaffected. Please feel free to contact us for more info/clarification about any of the service agreement mentioned above.
Updated on 14/Aug/2022
