General Conditions

Primary Contact: Our main communication methods are email and our portal system. Please provide an up-to-date email address and regularly check the portal using the provided URL to stay in contact.

Order, Acceptance, and Service

Once Techwebsters accepts an order submitted by the Customer, it establishes a contract between the Customer and Techwebsters. This contract includes the Order, the relevant Service Agreement, and these Terms & Conditions. An order is considered "Accepted" by Techwebsters when (i) for online orders, Techwebsters begins providing services or invoices the Customer for payment, and (ii) for written orders on an approved Techwebsters form, when an authorized representative of Techwebsters signs and delivers the form signed by the Customer.

Techwebsters agrees to provide, and the Client agrees to purchase and pay for, the services defined in the Order for the service fees stated in both the Order and the Applicable Service Agreement (the "Service Fees").

Payment Conditions

1. Payment Period: Unless otherwise specified or agreed upon, payment must be made within 21 days of the invoice's receipt.
2. Advance Payment: The service provider must receive payment in advance for the month/period of service for care plans, hosting, and SEO campaigns.
3. Service Fees: The Order specifies the amount of service fees that are to be paid. TechWebsters retains the right to increase Service Fees by the Service Description or after the Initial Term, provided that the Customer is provided with a written notice of ten (10) days in advance.
4. Taxes Fees: Taxes Fees do not include any applicable taxes, including sales, use, revenue, excise, and other fees imposed by any taxation authority (excluding taxes on TechWebsters' net income). The Customer is responsible for all applicable taxes, which will be added to invoices as distinct charges.
5. Invoice Payment: Service Fees and related charges are payable within 30 days of the invoice date. A late fee of $20 and interest at a rate of 1.5% per month or the utmost rate permitted by law, whichever is less, will be charged for invoices that are not paid within 45 days.
6. Collection Costs: The Customer will be liable for all costs associated with collection, arbitration, and litigation, including court costs and reasonable attorneys' fees, if TechWebsters collects any payment through legal means.
7. Insufficient Funds: A $25 processing fee will be assessed for any payment that is returned due to insufficient funds. TechWebsters may require alternative payment methods for future payments, such as a cashier's check, money order, or credit card if two or more payments are returned within six months.

Refund Policy for Overpayments:

1. Identification: Once an overpayment is identified, either by the client or our accounting department, we will notify the client by email.
2. Verification: We will verify the overpayment and confirm the excess amount.
3. Refund Issuance: Refunds for overpayments will be processed within 6 weeks from the date the overpayment was received. This time frame allows for thorough verification and accuracy in the refund process.
4. Refund Method: Refunds will be issued from our business bank account with "Sampath Bank PLC" and will be returned to the same account from which the original payment was made unless otherwise agreed upon with the client.
5. Client Responsibility: Clients must provide accurate payment information to facilitate the refund process.

Legal & License:

1. TechWebsters guarantees that the functionality of the work will meet client requirements and operate with reasonable error-free performance.
2. The client assumes all risk for the quality and performance of the work. TechWebsters is not liable for any damages, including lost profits or savings, or other incidental, consequential, or special damages arising from the operation or inability to operate the website, even if advised of such possibilities.
3. If any part of this agreement is found to be unlawful, void, or unenforceable, that provision will be severable and not affect the validity and enforceability of the remaining provisions.

Domain and Hosting

Hosting fees are invoiced in advance for a minimum of one year.

You have the option to pay for web and email hosting on a monthly basis via a debit/credit card subscription through your Techwebsters portal account, at our discretion.

If a subscription is not set up or valid payment is not provided by the start date, or if the subscription payment fails or is canceled, an annual invoice will be issued and will become due.

To cancel or transfer your hosting, a 30-day written notice is required. We do not offer refunds for any hosting fees paid in advance.

If you need to move your website or emails to another host, we can provide an export of your website’s source code and database. There may be a fee for this service, and we reserve the right to withhold these files until any outstanding invoices are settled.

If your website exceeds the allocated hosting space or usage limits, additional hosting charges may apply. We will notify you via email if this occurs.

For websites or scripts that use excessive server CPU or RAM, additional work may be required to either reallocate your website to another host or optimize your files. You will be informed if this is necessary, and it may incur hourly charges.

Failure to pay hosting fees within the specified terms may result in the suspension of hosting services.

If payment is not received within 90 days, all files associated with your hosting account will be deleted.

Once hosting services with Techwebsters are canceled, all files and data may be deleted and will not be stored unless otherwise agreed.

Hosting will be provided by [www.webcepts.com] (http://www.webcepts.com), a subsidiary of Techwebsters. For domain registration, please provide Webscepts with a registered domain name for your website. Alternatively, upon request and subject to Techwebsters’ Domain Name Registration Terms and Conditions, we will register a domain name on your behalf.

You are responsible for uploading, modifying, and updating all content on your website. Ensure that your content and website are compatible with the hardware and software used by Techwebsters to provide hosting services, which may change over time. Specifications for the hardware and software used will be available on Techwebsters’ website. Techwebsters is not liable for any damages to your content or website caused by compatibility issues with our hosting infrastructure.

Hosting and Website Maintenance

Techwebsters may offer, at its discretion, a website care plan that provides ongoing support and maintenance.

1. Support Hours:

• The hosting and website maintenance generally entitles the client to up to 1 hour of support per month.
• These hours can be used at the client’s discretion for website support.

2. Utilization of Hours:

• If no support requests are received from the client within a given period, TechWebsters may use the allocated time to perform updates or maintenance on the website at its discretion.
• Care plan hours cannot be accumulated or rolled over to the following period.

Project Timelines

All deadlines provided for project work are approximate. Techwebsters will not be liable for any damages, including lost profits, lost savings, or any incidental, consequential, or special damages arising from delays in completing work within the estimated time frame.

Additional Terms

Unless explicitly stated otherwise, any quoted amount for website projects does not include website hosting, domain name registration, stock video, and image licenses, or any additional licenses required for website operation beyond those specified in the proposal.

If the client decides to halt work on a project, the work completed up to that point will be billed at the hourly rate and deducted from the total quoted cost. Should the client request a refund and work has been done beyond the initial payment coverage, the client will be responsible for paying for all completed work at the stated hourly rate.

Each website project will have an estimated delivery timeline. If the project extends beyond the allocated timeframe due to:

1. Delays or lack of communication from the client,
2. Slow or delayed delivery of content from the client,
3. Changes to the initial specifications or proposal by the client, additional hourly charges may apply.

If the client becomes unresponsive or fails to provide timely feedback, Techwebsters reserves the right to proceed with the project as deemed necessary to meet the agreed deadlines. This may include advancing project phases as planned.

Once a website project is completed, the client has 14 days to request changes related to:

1. Interoperability errors,
2. Minor adjustments,
3. Spelling mistakes.

After this period, any further changes may incur charges at the hourly rate unless otherwise agreed upon.

If the website is not hosted by Techwebsters after the 14-day period, any issues such as errors, downtime, virus detection, malware, or slow loading times will be the responsibility of the external host. Techwebsters will charge an hourly rate for assistance with resolving these issues if requested.

Should the client choose to host their website with a third-party provider, and additional work or correspondence with Techwebsters is needed during or after the project, this will be billed at our hourly rate. This includes any additional time required for server setup, communication with the server host, and any other setup tasks compared to using Techwebsters' hosting services.

Modifications and Additional Charges

If the client requests changes to the agreed-upon project scope and objectives, additional fees may be incurred.

Website Content Management

If it is your responsibility to provide website content, we will help incorporate it into the site.

During Content Population," you will have an additional 4-week period beyond the initial project timeline to supply any necessary content. After this period, the project will move to "Phase 6 - Testing and Launch." If the site is not ready for launch, we will host it on our staging server, allowing you to continue adding content. Final payment is due at this stage.

We will host your site on our staging server for up to 2 months. During this time, we will assist with the launch or provide a copy of the site. After 2 months, the site will be packaged and delivered, and removed from our staging server. Extended staging server hosting will incur additional charges.

Source Code and Artwork

Techwebsters will not release any artwork or source code related to your project until we have received full payment. All designs, graphics, and code remain the intellectual property of Techwebsters until the project is paid for in full.

If you request editable artwork files (such as PSD or AI formats), an additional fee may be charged.

Website Content Management

If it is your responsibility to provide website content, we will help incorporate it into the site.

SEO Services

For effective SEO results, we recommend a minimum commitment of 3-6 months.

To cancel or end any ongoing SEO, PPC, or social media services, we require a 30-day written notice. You will be billed for the current month and possibly the next month if the notice is not provided within the 30-day period before the end of the billing cycle.

SEO results can be influenced by changes in search engine algorithms, which may cause ranking fluctuations. We aim to manage these changes, but cannot guarantee specific results due to the unpredictable nature of SEO.

All SEO fees are quoted every month unless stated otherwise. We strive to meet the agreed KPIs, but cannot ensure specific sales, leads, or rankings.

License to Techwebsters

The client grants Techwebsters a non-exclusive, royalty-free, worldwide license during the project term to (a) digitize, convert, install, upload, select, order, arrange, compile, combine, synchronize, use, reproduce, store, process, retrieve, transmit, distribute, publish, publicly display, publicly perform, and hyperlink the client’s content; and (b) create archival or backup copies of the client’s content and website. Apart from the rights expressly granted herein, Techwebsters does not obtain any ownership rights to the client’s content, which remains the sole property of the client.

Copyrights and Trademarks:

• The client guarantees that any elements provided for the project are owned by the client or have permission from the rightful owner. The client will defend and protect TechWebsters and its subcontractors from any claims or suits emerging from the use of such elements.
• Upon full payment, all design and construction aspects of the project, including full code, will be disclosed to the client.
• TechWebsters retains the right to display project graphics and design elements in its portfolio and include an accreditation link in the client's website footer.

Licensing and Third-Party Services

1. Third-Party Licenses:

• Certain functionalities essential to your website, such as Google Maps API, font licenses, or plugins, may require third-party licenses.
• Unless otherwise stated, the quoted price for building your website includes licensing for third-party functionality and services for one year from the project signing date. Renewal charges will be invoiced around the renewal date.
• If you wish to transfer the license to your ownership to handle renewals directly, please contact us to arrange this.

2. Google Maps and API Services:

• If your website uses Google Maps, a small monthly charge will be invoiced annually to cover this cost. You can replace this Google Maps API key with your own through the site backend to avoid further invoicing.
• For other Google API services, such as locations or places, we will provide details of your monthly usage charges directly.

3. Premium Fonts:

• Premium fonts, including Adobe fonts, may incur a small yearly charge for licensing. We recommend transferring the font licenses into your ownership.
• If TechWebsters retains the license after one year from the project signing date, a small monthly charge will be invoiced annually to cover the cost.

Confidentiality and Non-Solicitation

Confidentiality:

Both parties agree to maintain the confidentiality of each other’s Proprietary Information. Without prior written consent from the disclosing party, neither party shall use or disclose such Proprietary Information to any third party, except as necessary to fulfill their obligations or provide the agreed-upon services under this Agreement. Each party will:

1. Treat the other party's Proprietary Information as confidential and secret.

2. Restrict access to the Proprietary Information to employees who need it to perform their duties under this Agreement.

3. Refrain from disclosing Proprietary Information to any other person or entity without prior written approval from the disclosing party.

Exceptions to Confidentiality:

The following information will not be considered Proprietary Information:

1. Information that the receiving party can prove was in its possession before disclosure by the disclosing party.

2. Information that was publicly available before the disclosure, as evidenced by prior publication.

3. Information that becomes public through no fault of the receiving party after disclosure.

4. Information disclosed by a third party who is legally entitled to make such disclosure.

5. Information that, after two years from the termination or expiration of this Agreement, is no longer classified as a trade secret under applicable law.

Legal Remedies:

In the event of a breach or potential breach of confidentiality, the non-breaching party may seek immediate legal or equitable relief, including injunctions, to prevent further unauthorized use or disclosure of confidential information. This relief is in addition to any other legal remedies available.

Upon the Agreement’s termination or expiration, each party must return or securely destroy all confidential information, including copies, in their possession.

Employee Non-Solicitation:

For the duration of this Agreement and two years after its conclusion, the

The customer agrees not to solicit or hire any Techwebsters employee involved in providing services under this Agreement. This restriction applies during the employee’s tenure with Techwebsters and for six months following their departure.