1. General Overview
Welcome to the official Terms and Conditions agreement of Websmakers. Throughout this document, the terms "we," "us," and "our" refer to Websmakers. The terms "You," "Your," and "Customer" refer to you as the client, user, or organization utilizing our software development and IT services.
Please review these terms carefully prior to initiating project development. By accessing, engaging, or using our services (Website Development, Mobile Apps, SaaS, or Custom Software), you signify your agreement to these Terms of Use in full. If you do not agree to be bound by these terms, you may not access or use our services.
2. Scope & Execution
Point-Based Deliverables Schedule
Websmakers executes projects strictly based on an agreed Point-Based Project Scope (e.g., Points 1 through 260 defined during the initial requirement discussion).
Once all agreed points are delivered, the project is officially marked as Completed. Estimated timelines (in days or months) represent upper time caps. If all scope points are completed ahead of schedule (for example, within 15–20 days of a 30-day timeline), the project is finished and remaining days are not carried over.
If any scope items remain incomplete, the project continues in active development until full feature implementation.
3. Payment Structures & Milestones
Projects require an initial advance booking amount. Clients can select one of the following milestone schedules depending on project scope and agreed advance percentage (10% to 100%):
- Advance / Security Deposit: 10%
- 1st Progress Review: 25%
- 2nd Checkpoint / Review: 40%
- Final Delivery & Hosting: 25%
- Advance / Security Deposit: 15%
- 1st Progress Review: 25%
- 2nd Checkpoint / Review: 40%
- Final Delivery & Hosting: 20%
- Advance / Security Deposit: 20%
- 1st Progress Review: 35%
- 2nd Checkpoint / Review: 35%
- Final Delivery & Hosting: 10%
- Advance / Security Deposit: 20%
- 1st Progress Review: 30%
- 2nd Checkpoint / Review: 30%
- Final Delivery & Hosting: 20%
- Advance / Security Deposit: 30%
- 1st Progress Review: 30%
- 2nd Checkpoint / Review: 30%
- Final Delivery & Hosting: 10%
- Advance / Security Deposit: 40%
- 1st Progress Review: 30%
- 2nd Checkpoint / Review: 20%
- Final Delivery & Hosting: 10%
- Advance / Security Deposit: 50%
- Final Demo & Delivery: 50%
- Applicability: Projects / Work ≤ ₹5,000
- Upfront Advance Payment: 100%
4. Final Delivery & Project Testing Window
Project handovers are conducted systematically following client review, final milestone clearance, and server deployment authorization.
Why Our Testing Window is Structured This Way: As outlined in Section 3 (Payment Structures & Milestones), Websmakers executes projects through multi-tier milestone reviews on live test URLs. Because clients continuously review and approve features at every milestone checkpoint (with approximately 90% to 95% of the project verified and locked before final delivery), the final stage is strictly reserved for deployment, hosting setup, and final polish. Therefore, a concise, value-scaled testing window is provided instead of extended open-ended support.
- Scope of Free Service Window: During this designated timeframe, any reported bugs, missing agreed components, or technical issues directly tied to the original quotation will be resolved at no extra charge.
- Exclusions: The free testing window does not cover new feature requests, scope expansions, third-party API changes, or errors caused by client-side server modifications. Additional changes after this period will be billed separately.
- Transition to Maintenance & Retention: Once the tiered testing window expires, ongoing support requires a paid maintenance plan or retainer. As detailed in Section 9 (Code Retention Policy), projects without an active AMC will have source code backups retained for a maximum of 60 days before automatic server archival.
5. Refund Policy
- An initial advance deposit (10% to 40%) is mandatory prior to commencement of work.
- Non-Refundable Advance: The initial advance deposit is non-refundable under standard terms.
* Asset & Development Costs include: Third-party expenses incurred up to the date of cancellation (e.g., domain/hosting purchases, SMS/Email APIs, payment gateway activation fees, third-party licenses) and actual development or outsourced labor hours invested.
6. Copyright & Third-Party Assets
Stock Media & Copyright Disclaimer:
If a client specifically instructs the Websmakers Team to use online stock images or third-party web assets, Websmakers will not be held liable or responsible for any future legal or copyright claims. Clients are explicitly informed in advance regarding copyright risks associated with third-party assets.
7. Political, Religious & Content Non-Involvement Policy
Websmakers operates strictly as an independent technology, software development, and IT service vendor. We do not participate in, affiliate with, or take any stance on political parties, religious organizations, ideologies, or public figures.
- No Affiliation or Endorsement: Websmakers, its proprietor, management, and team members maintain zero involvement with, and do not endorse, promote, support, or oppose any political party (whether currently in power or opposition), religious entity, or socio-political movement, directly or indirectly.
- Prohibition of Political & Religious Advertising: Websmakers strictly refuses to create, manage, or run political, election-related, or religious advertising campaigns. Clients are strictly prohibited from using marketing assets or ad accounts managed by Websmakers to promote political parties, candidates, or religious agendas.
- Client Responsibility for Content: For all websites, mobile applications, SaaS platforms, or software portals developed, hosted, or maintained by Websmakers, the Client holds 100% sole legal responsibility for all published content, text, media, graphics, and statements. Websmakers assumes zero liability for political commentary, religious views, defamatory material, or controversial opinions published by clients or end-users on delivered applications.
- Digital Marketing & Advertising Campaigns: For any digital marketing, social media management, Search Engine Optimization (SEO), or paid advertising campaigns (such as Google Ads, Meta Ads, etc.) managed or executed by Websmakers, the Client holds 100% sole responsibility for all ad copy, creatives, landing pages, and promotional claims. Websmakers assumes zero liability if an ad account, business manager, or social media page is restricted, suspended, or banned by third-party platforms (Google, Meta, etc.) due to client content or policy violations.
- Immediate Emergency Suspension & Cooperation Rights: Websmakers acts solely as an independent technical service provider. If any website, application, server, or content developed or hosted by Websmakers becomes subject to legal notices, police inquiries, court orders, cybercrime investigations, or fraud claims, Websmakers reserves the full legal right to **immediately suspend hosting, block server access, or terminate services without prior notice to the Client**. Websmakers reserves the right to fully cooperate with law enforcement authorities by providing available technical logs, invoices, and communication records. Websmakers shall bear zero liability for any operational downtime or losses caused by such emergency suspensions.
- Protection Against Misuse and Legal Indemnity: If any third party, political entity, court, or authority initiates legal proceedings, disputes, or claims against Websmakers, its owner, or team members due to content published on a client's project or misuse of delivered software, the Client agrees to fully compensate, defend, and hold harmless Websmakers from any and all legal fees, financial losses, fines, or damages to business reputation.
8. Terms & Conditions Modifications
Websmakers reserves the right to modify or update these Terms and Conditions at any time without prior individual notification. Clients are encouraged to regularly review this page (Websmakers.com/termsandconditions). Continued usage of our services constitutes acceptance of the updated terms.
9. Code Backup, Data Retention & Maintenance Policy
Upon final delivery and server deployment, Websmakers hands over full production access or project assets to the Client. This policy outlines how code storage, post-delivery retention, and ongoing maintenance are managed.
- Post-Launch Testing Window Alignment: Free bug resolution and testing support strictly follow the tiered project value schedule defined in Section 4 (1 day for projects under ₹10k, 2 days for ₹10k–₹50k, and 3 days for above ₹50k). After this period, any technical support, bug fixing, or server updates require an active maintenance agreement or separate hourly quote.
- 60-Day Temporary Backup Storage: For projects without an active Annual Maintenance Contract (AMC) or ongoing technical retainer, Websmakers maintains a secondary copy of the delivered source code, database dumps, and media assets on our backup servers for a maximum of 60 calendar days from the official handover date.
- Automatic Source Code Purge: Following the 60-day retention window, if no ongoing maintenance or hosting agreement is active, Websmakers reserves the right to permanently archive or delete local source code repositories and project backups from our servers to free storage resources.
- Zero Liability for Unmaintained Systems: Websmakers holds zero technical or financial liability for server crashes, data loss, security breaches, third-party API deprecations, or software failure occurring on unmaintained websites or mobile apps after the free testing window has expired.
- Archival Code Retrieval Fee: If a client requests a copy of their project files or source code backup after the 60-day retention window (and provided an archival backup is still accessible), a standard Archival Retrieval & Restoration Fee will be charged before files are re-issued.
10. Invoice & Billing Terms
The following terms apply to all official digital and printed invoices issued by Websmakers:
- Payment Terms: Payments and billing cycles are governed under standard MSME regulations.
- Quality & Scope Inspection: Any complaints or issues regarding project quality, missing items, or functional scope must be submitted in writing within 48 hours from project delivery or asset deployment.
- Late Payment Charges: An interest rate of 18% p.a. (1.5% per month) will apply to overdue unpaid balances after 30 days of invoice generation.
- Jurisdiction: All legal matters and disputes are subject to exclusive judicial jurisdiction in Bhopal, Madhya Pradesh, India.
11. Diwali Greeting Card & Voluntary Support Policy
This policy applies specifically to users generating digital cards via our Diwali Greeting Card Generator.
- Data Collection & Anti-Abuse: When creating a card, we collect your name, mobile number, and card activity (download/share). To prevent platform abuse and enforce one card per mobile number, we maintain a one-way (hashed) record of your IP address and user-agent string. We explicitly do not sell your personal data.
- Browser-Side Image Generation: Greeting card images are generated entirely within your browser client. Websmakers does not receive, host, or store generated card image files on agency servers.
- Voluntary Support & Non-Refundable Contributions: Following card creation, users may choose to submit a small voluntary contribution to support Websmakers' free tool hosting. This payment is completely voluntary, does not constitute a tax-exempt charitable donation, and confers no commercial goods or services in return.
- Third-Party Payment Processing: Online card payments are securely processed by Razorpay, while manual UPI transfers are processed via PhonePe Business QR. Websmakers never sees or retains bank account, card numbers, or UPI PIN credentials. Transaction logs (Razorpay payment ID, currency, date, and registered mobile number) are retained solely for tax and accounting compliance.
- Data Retention & User Rights: Campaign data is retained for the duration of the campaign and up to 12 months thereafter. Users may request data correction or removal by emailing connect@websmakers.com with their registered mobile number.
Have Questions? Contact Us
Feel free to reach out to our team if you have any questions or require clarification regarding these terms.