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Terms & Conditions

These Terms & Conditions apply to your use of this website and to any engagement of the Company. Where a proposal or agreement has been executed between the parties, that document shall prevail and these Terms shall apply to matters not provided for therein.

Effective from
Last revised on
Jurisdiction
Vadodara, Gujarat, India

Preamble and definitions

These Terms & Conditions (Terms) govern your use of the website owned and operated byByteWeb IT Solutions Private Limited, a company incorporated under the Companies Act, 2013 and having its registered office atVadodara, Gujarat, India (the Company,we or us). By accessing or using this website you signify your acceptance of these Terms. If the same are not acceptable to you, kindly refrain from using this website.

In these Terms: Website means this website and every page thereof; User means any person accessing the Website; Client means a person or entity engaging the Company for Services; Services means the design, development, migration, maintenance or support services rendered by the Company; and Engagement Document means the proposal, quotation, work order, statement of work or agreement executed between the parties.

Permitted use of the Website

You may read, print and circulate the material published on the Website for your own business purposes. You shall not:

  • reproduce the pages or designs of the Website so as to publish the same as your own or as part of a competing offering;
  • employ automated means to extract data from the Website in a manner which impairs its availability to other Users;
  • attempt to obtain access to any system, account or data to which you are not entitled; or
  • transmit any malicious code, or submit any form in a manner intended to disrupt its operation.

The Company may alter, suspend or withdraw any part of the Website at any time without notice. While reasonable care is taken to keep the Website available and its contents accurate, no warranty is given in either respect.

Nature of the contents

The contents of the Website describe the nature of the Services rendered by the Company. The same are published for information and do not constitute professional advice to be acted upon, nor do they constitute an offer capable of acceptance so as to create a contract. Any statement as to approach, timelines or suitability shall be binding only upon its incorporation into an Engagement Document executed by the parties.

Interface illustrations appearing on the Website are prepared to depict the nature of the work undertaken. They are not reproductions of work executed for any Client and do not represent any actual business, product or outcome.

Intellectual property

The design, text, code and graphics comprised in the Website vest in the Company or in the persons who have licensed the same to it, and are protected under the Copyright Act, 1957 and the Trade Marks Act, 1999. The name and mark ByteWeb belong to the Company and shall not be used without its prior written permission. The names, marks and product names of other entities appearing on the Website belong to the respective entities and are referred to solely to indicate the technologies with which the Company works.

Material transmitted by you through the Website shall continue to vest in you. By transmitting the same you grant the Company permission to read, store and use it for the purpose of responding to you and preparing a proposal.

Enquiries

The submission of an enquiry constitutes a request that the Company contact you. It does not constitute the placing of an order and creates no obligation upon either party. You shall furnish accurate particulars. You are advised not to transmit confidential material in the first instance; where confidentiality is required prior to disclosure, the Company shall execute a non-disclosure agreement upon request.

Engagements

Every engagement shall be governed by its own Engagement Document setting out the scope, consideration, schedule, payment stages and the obligations of the Client. In the event of inconsistency between the Engagement Document and these Terms, the Engagement Document shall prevail. Save as otherwise provided therein:

  • Ownership of deliverables. Upon receipt of the consideration in full, the source code, design files and documentation prepared for the Client's project shall vest in the Client.
  • Pre-existing and reusable material. Material developed by the Company prior to the engagement, or developed for reuse across engagements, shall continue to vest in the Company, and the Client shall be granted a licence to use the same as part of the deliverables for so long as required.
  • Third-party components. Open source libraries, themes, plugins, fonts and platform services are governed by their own licence terms and, where applicable, their own charges.
  • Client dependencies. The Company is dependent upon the Client for content, approvals, access to systems and timely responses. Any delay attributable thereto shall extend the schedule correspondingly.
  • Third-party charges. Charges for hosting, domain names, licences and subscriptions are levied by the respective providers, save where the Company has agreed to procure the same on the Client's behalf.

Limitation of liability

The Company shall render the Services with reasonable skill and care. Nothing in these Terms shall operate to exclude or limit liability for death or personal injury caused by negligence, for fraud, or for any other liability which cannot be excluded or limited under the law in force.

Subject to the foregoing, the Company shall not be liable for loss of profit, loss of business, loss of data or any indirect or consequential loss arising out of the use of the Website or of the Services, and the aggregate liability of the Company in respect of any engagement shall not exceed the consideration actually received by it in respect thereof. The Company shall not be liable for any failure of services not within its control, including hosting, payment gateways and third-party platforms.

Indemnity

You shall indemnify and hold the Company harmless against any claim, demand, loss or expense arising out of your use of the Website in contravention of these Terms, or out of any material furnished by you which infringes the rights of any third party or contravenes any law in force.

Force majeure

Neither party shall be liable for any failure or delay in performance attributable to any cause beyond its reasonable control, including act of God, natural calamity, epidemic, war, civil disturbance, strike, failure of telecommunication or internet services, or any order of a governmental or statutory authority.

Third-party links

The Website may contain links to websites operated by other persons. The Company exercises no control over the contents thereof and no such link shall be construed as an endorsement.

Privacy

The treatment of personal information is governed by the Company's privacy policy and its DPDP Act compliance policy, which form part of these Terms. Cancellation and refunds are governed by the refund and cancellation policy.

Severability and waiver

If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed and the remaining provisions shall continue in full force and effect. No forbearance or indulgence shown by the Company shall be construed as a waiver of any of its rights.

Governing law and jurisdiction

These Terms shall be governed by and construed in accordance with the laws of India, including the Indian Contract Act, 1872 and the Information Technology Act, 2000. Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts at Vadodara, Gujarat, India.

Amendment

The Company reserves the right to amend these Terms from time to time. The Terms in force as on the date of your use of the Website shall apply to such use. The effective date and the date of last revision are stated at the head of this document.

Communication

Any communication in respect of these Terms may be addressed to [email protected].