1. Acceptance of Terms
By accessing and using this website (“Site”) or engaging in any services provided by WEB OMI SOLUTIONS managed by OM PRAKASH KAMBLE (“Company,” “we,” “us,” or “our”), you agree to be bound by these Terms and Conditions (“Terms”). If you disagree with any part of the terms, you must not use the Site or our services.
2. Services Provided
WEB OMI SOLUTIONS offers professional web development, design, maintenance, and related digital services (collectively, “Services”). The specific details, scope, deliverables, timeline, and costs for any project will be outlined in a separate, formal Proposal, Scope of Work (SOW), or Service Agreement which, upon acceptance by both parties, will form a binding contract.
3. Client Responsibilities
The client (“Client,” “you”) agrees to:
- Provide Timely Content: Supply all necessary content, images, logos, and written materials required for the project promptly, as outlined in the SOW. Delays in content delivery may result in adjusted timelines and project costs.
- Approval and Feedback: Provide timely feedback and final approval at specified project milestones. Delays in feedback may affect the project schedule.
- Legal Compliance: Ensure that all provided materials (text, images, audio, etc.) are owned by the Client or that the Client has the necessary licenses and permissions to use them.
4. Project Development and Ownership
A. Intellectual Property (IP)
- Client IP: The Client retains ownership of all intellectual property rights in any text, images, or data the Client provides to the Company.
- Company IP: The Company retains ownership of all proprietary tools, source code, pre-existing development components, and methodologies used to create the deliverables, excluding the final, unique design and functional code developed specifically for the Client.
- Final Deliverables: Upon full and final payment for the project, the Client will be granted a non-exclusive, perpetual, worldwide license, or outright ownership (as specified in the SOW), of the final, delivered website/application code and visual design.
B. Payment and Pricing
- Quotation: All prices quoted are valid for [30] days from the date of quotation.
- Invoicing: Invoices will be issued based on the milestones defined in the SOW.
- Payment Terms: Payment is due within [7 or 14] days of the invoice date.
- Late Payment: The Company reserves the right to charge interest on overdue amounts at a rate of [1.5]% per month or the maximum legal rate, whichever is lower. Services may be suspended or terminated until all outstanding balances are paid in full.
5. Termination of Services
A. By Client
The Client may terminate the service contract by providing written notice. If the contract is terminated before project completion, the Client agrees to pay for all work completed up to the date of termination, plus any non-cancellable third-party costs incurred by the Company.
B. By Company
The Company reserves the right to terminate the agreement immediately if the Client: (i) fails to make payments as scheduled; (ii) materially breaches these Terms or the SOW; or (iii) engages in abusive or inappropriate conduct.
6. Warranties and Limitation of Liability
A. Limited Warranty
The Company warrants that the website/application will function according to the agreed-upon specifications for a period of [e.g., 30 days] after launch (“Warranty Period”). This warranty does not cover issues arising from Client modifications, third-party software updates, or misuse.
B. Limitation of Liability
In no event shall WEB OMI SOLUTIONS or its suppliers be liable for any direct, indirect, incidental, special, or consequential damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on the Site or the Services, even if WEB OMI SOLUTIONS has been notified orally or in writing of the possibility of such damage.
7. Indemnification
You agree to indemnify, defend, and hold harmless WEB OMI SOLUTIONS its employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorney’s fees, arising out of or relating to your use of the Services or your breach of these Terms, particularly in relation to content provided by you (e.g., claims of copyright infringement).
8. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions.
9. Changes to Terms
We reserve the right to revise these Terms at any time. We will notify Clients of any material changes by posting the new Terms on this page or through other communication channels. Your continued use of the Site or Services after any such change constitutes your acceptance of the new Terms.
10. Contact Information
If you have any questions about these Terms, please contact us at:
WEB OMI SOLUTIONS, info@webomisolutions.in, 9930531759