Terms of Service

1. Agreement Overview

These Terms of Service ("Terms") constitute a legally binding agreement between you (the "Client") and WebSkillPro Technologies Pvt. Ltd., a company registered in Maharashtra, India (CIN: U72900MH2020) ("WebSkillPro," "we," "us").

These Terms apply to all services provided by WebSkillPro, including web development, app development, digital marketing, SEO services, and any other professional services. A separate Project Proposal/Statement of Work ("SOW") will be issued for each project and forms part of these Terms.

2. Our Services

WebSkillPro agrees to provide the services described in the signed Project Proposal/SOW. We will:

• Deliver services with reasonable care, skill, and diligence
• Assign a dedicated project manager to your project
• Provide weekly progress updates and access to our client portal
• Complete work within the agreed timelines, subject to timely receipt of required materials and approvals from the Client
• Not subcontract core deliverables without prior written consent

We reserve the right to decline or discontinue services that conflict with our values, including but not limited to services related to illegal activities, spam, or content that is harmful, misleading, or discriminatory.

3. Client Obligations

The Client agrees to:

• Provide accurate, complete, and timely information required for project completion (copy, images, brand assets, credentials, etc.)
• Designate a single point of contact for approvals and feedback
• Provide feedback on deliverables within 5 business days of delivery
• Make payments according to the agreed schedule
• Not provide us with any content that infringes third-party intellectual property rights
• Ensure that any data provided complies with applicable data protection laws

Delays caused by the Client's failure to meet these obligations will not be counted against WebSkillPro's delivery timeline, and project timelines will be adjusted accordingly.

4. Payments & Fees

Payment Schedule: As specified in the Project Proposal. Typically 50% upfront and 50% on delivery. For ongoing retainers, monthly in advance.

Late Payment: Invoices are due within 7 days of issue. A late fee of 1.5% per month (18% per annum) will be applied to overdue balances. We reserve the right to pause work on projects with overdue payments.

Refunds: Due to the bespoke nature of our work, we do not offer refunds on work already completed. If we fail to deliver the agreed scope within the agreed timeline (excluding client-caused delays), we will work to resolve this through additional work at no charge or a partial refund at our discretion.

Taxes: All fees are exclusive of applicable taxes (GST at 18%). The Client is responsible for any applicable withholding taxes.

5. Revisions & Scope Changes

Each project includes revision rounds as specified in the SOW (typically 3 design rounds and 2 development rounds). Revisions mean changes within the agreed scope — not additions of new features or sections not in the original brief.

Requests beyond the included revisions, or requests that constitute scope additions ("scope creep"), will be estimated separately and billed at our standard hourly rates (₹2,000 – ₹6,000/hour depending on resource type).

All scope changes must be agreed in writing (email is sufficient) before work begins.

6. Intellectual Property & Ownership

Upon receipt of full payment, the Client receives full ownership of all custom work created specifically for the project, including:

• Website/app design and code
• Custom graphics and illustrations
• Written content created by us (if applicable)

WebSkillPro retains:

• Ownership of pre-existing tools, frameworks, libraries, and know-how
• The right to use project work in our portfolio, case studies, and marketing materials (unless the Client requests otherwise in writing)

Third-party assets (stock photos, premium plugins, licensed fonts) remain subject to their respective licences. The Client is responsible for securing appropriate licences for any such assets if required beyond our project.

7. Warranties & Representations

WebSkillPro warrants that:

• The work will be original and will not knowingly infringe third-party intellectual property rights
• The website will function materially as described in the SOW upon delivery
• We will fix any bugs or defects discovered within 30 days of launch at no charge

The Client warrants that:

• They have the authority to enter into this agreement
• Any content provided to us does not infringe third-party rights and is legal in the relevant jurisdiction

8. Limitation of Liability

WebSkillPro will not be liable for:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Third-party actions, including hacking, phishing, or service outages by hosting providers
• Delays caused by the Client's failure to provide required materials or approvals
• Issues arising from the Client's modifications to delivered work

9. Termination

By either party: Either party may terminate ongoing retainer services with 30 days' written notice.

For cause: Either party may terminate immediately if the other party materially breaches these Terms and fails to cure the breach within 14 days of written notice.

Upon termination:

• The Client pays for all work completed to date
• WebSkillPro delivers all completed work to the Client
• Neither party shall be liable to the other for termination in accordance with these Terms

10. Dispute Resolution

In the event of a dispute, both parties agree to first attempt resolution through good-faith negotiation for 30 days. If unresolved, disputes shall be submitted to binding arbitration under the Arbitration and Conciliation Act, 1996 (India), with the seat of arbitration in Mumbai, Maharashtra.

Nothing in this clause prevents either party from seeking emergency injunctive relief in a court of competent jurisdiction.

11. Governing Law

These Terms are governed by the laws of India, specifically those applicable in the state of Maharashtra. Subject to the arbitration clause above, the courts of Mumbai, Maharashtra shall have exclusive jurisdiction.

These Terms were last updated on January 15, 2025. We may modify these Terms at any time. Continued use of our services after notification of changes constitutes acceptance of the new Terms. For questions, contact us at legal@webskillpro.com.