Tejal Web - Terms of Service
Last Updated: [Insert Date]
Thank you for choosing Tejal Web for your web and app development needs. These Terms of Service ("Terms") outline the legal agreement between you ("Client," "User," "you") and Tejal Web ("we," "us," "our") governing your use of our services, including website and app development, hosting services, eCommerce solutions, and any other services we offer. Please read these Terms carefully before accessing or using our services. By using our services, you agree to be bound by these Terms, and if you do not agree, you should not use our services.
We may update, modify, or change these Terms from time to time. If we make significant changes, we will notify you by posting a revised version of the Terms on our website and updating the "Last Updated" date. You agree to periodically review these Terms to ensure you are aware of any changes.
1. Objective
The primary goal of this agreement is to define the terms under which Tejal Web will provide its services to clients. Our services include but are not limited to:
- Web and App Development: Custom-built websites, mobile apps (iOS, Android, or hybrid), eCommerce platforms, CMS-based websites, and more.
- Hosting: Hosting management services through third-party hosting providers (e.g., GoDaddy, Firebase, etc.).
- Support and Maintenance: Ongoing updates, bug fixes, and system improvements.
- Consulting: Strategic advice on web design, development, user experience, and more.
By entering into this agreement, you acknowledge that you understand the scope of services we offer and agree to abide by the terms outlined below.
2. Legal Agreement
These Terms of Service represent a binding legal agreement between you and Tejal Web. By accessing our website or engaging in any of our services, you confirm that you have read, understood, and agreed to these Terms. This agreement applies whether you are an individual, business, or other organization using our services.
Should you choose to engage with Tejal Web for a project, you may be required to sign a separate agreement that details the specific terms for that project (such as pricing, timelines, deliverables, etc.). In the event of any conflict between the general Terms of Service and a specific project agreement, the terms of the project agreement will govern.
3. Account of the User
In order to access certain services provided by Tejal Web, you may be required to create an account. When creating an account, you agree to:
- Provide Accurate Information: You agree to provide true, accurate, and up-to-date information about yourself and your business when creating an account and using our services. You are responsible for the accuracy of any information submitted to us.
- Maintain Confidentiality: You are responsible for safeguarding your account login credentials and ensuring that no one else accesses your account without your permission. If you believe your account has been compromised, you must notify Tejal Web immediately.
- Account Ownership: You retain ownership of the content you upload to your account, such as files, documents, images, and any other materials. However, by uploading this content to our systems, you grant us a license to use, store, and manage the content for the purpose of providing services.
We reserve the right to suspend or terminate your account if we suspect any fraudulent activity, misuse, or violations of these Terms.
4. User / Visitor Obligation
As a user or visitor of Tejal Web’s website or services, you are obligated to:
- Provide Accurate Information: You agree to provide accurate, current, and complete information when interacting with us, whether it’s through forms, support tickets, or emails.
- Follow Legal and Ethical Standards: You agree to use our services for lawful and ethical purposes only. Any use of our services to violate laws, infringe on copyrights, or engage in illegal activities will result in immediate termination of services.
- Avoid Harmful Conduct: You agree not to engage in any activity that could harm our systems, other users, or third parties, including spamming, distributing malware, or launching denial-of-service attacks.
We expect all users and visitors to respect these obligations and maintain a positive, legal, and ethical environment.
5. Affiliate Program Terms and Policies
If you participate in Tejal Web’s affiliate program, you agree to the following terms:
- Eligibility: To participate in our affiliate program, you must meet the criteria established by Tejal Web, including having an active online presence, marketing expertise, or audience.
- Referral Process: You will be given a unique affiliate link or code to share with your audience. When someone clicks on the link and makes a purchase or signs up for our services, you will receive a commission as outlined in the affiliate agreement.
- Commission Payments: Affiliate commissions are typically paid monthly or quarterly, depending on the agreement. Payments will be made via the method you choose (e.g., PayPal, bank transfer).
- Prohibited Actions: You agree not to engage in misleading or fraudulent advertising practices, including but not limited to spamming, fake reviews, or misleading claims about Tejal Web.
6. Users and Visitors Agree to Undertake and Agree to:
By using our services, users and visitors agree to:
- Indemnify and Hold Harmless: You agree to indemnify Tejal Web and hold us harmless from any claims, damages, losses, or legal actions arising from your use of our services. This includes any claims related to copyright infringement, data breaches, or violations of applicable laws.
- Compliance with Terms: You agree to comply with all applicable laws, as well as any additional terms provided in our specific service agreements or project contracts. You also agree to follow all guidelines provided by Tejal Web when using our services.
7. Users and Visitors Agree to Undertake and Agree Not to:
You agree not to:
- Engage in Illegal Activities: You agree not to use our services for any unlawful purposes, including fraud, harassment, or spreading malicious software.
- Interfere with Our Services: You agree not to disrupt or attempt to interfere with the normal operation of our website, servers, or services. This includes actions like hacking, data scraping, or launching cyberattacks.
- Impersonate Others: You agree not to impersonate any individual or entity, or falsely represent your affiliation with any group or organization.
Failure to abide by these rules may result in suspension or termination of your access to Tejal Web services.
8. Intellectual Property
Tejal Web retains ownership of all intellectual property related to the development tools, software, code, design templates, and any other proprietary materials used in our services. This includes but is not limited to:
- Website Designs and Code: Any custom websites, mobile apps, or other digital products developed for you are owned by Tejal Web unless otherwise agreed upon.
- Licensed Content: If your project uses third-party software, plugins, or libraries, those may be subject to separate licensing agreements. You agree to comply with these third-party licenses.
You are granted a non-exclusive, non-transferable license to use the final product delivered to you, but you do not own the underlying code, designs, or intellectual property created by Tejal Web.
9. Tejal Web Intellectual Property
Tejal Web maintains ownership over all proprietary intellectual property used to provide our services, including:
- Code and Software: All code, scripts, tools, and software developed by Tejal Web for use in client projects remain our intellectual property, unless otherwise specified in the service agreement.
- Designs and Templates: Any design assets created by us, including website templates, UI/UX designs, and graphic elements, are owned by Tejal Web unless otherwise agreed.
You are granted a limited, non-exclusive license to use these assets as part of your website or app for the duration of your project, but Tejal Web retains ownership of these assets.
10. Sublicensing
You are not permitted to sublicense, sell, or transfer any part of Tejal Web’s intellectual property to third parties without prior written consent. This includes the code, design elements, and any other proprietary materials.
11. Feedback and Suggestions
We welcome feedback and suggestions regarding our services. If you provide any ideas, suggestions, or feedback, you agree that:
- No Compensation: You understand that Tejal Web is not obligated to compensate you for feedback or suggestions, nor are we required to implement them in our services.
- Intellectual Property: All feedback provided by you will be treated as non-confidential, and we have the right to use or modify your suggestions without further notice or compensation.
12. Paid Services
Certain features and services offered by Tejal Web are paid services, and by engaging with these services, you agree to:
- Pay for Services: You agree to pay the fees for the services provided as per the agreed-upon rates outlined in the contract, service agreement, or invoice.
- Payment Methods: Payments are due upon receipt of the invoice unless otherwise stated. Payment can be made via credit card, bank transfer, or other approved methods.
13. Invoices
After the completion of services or milestones within a project, Tejal Web will issue invoices to the client. Each invoice will contain:
- Description of Services: A breakdown of the services provided, including any applicable taxes and fees.
- Payment Due Date: The payment terms and due date by which payment should be made.
- Late Fees: Late payments may incur additional fees, and services may be suspended or terminated until the payment is made.
14. Renewal Payment
For ongoing or subscription-based services, you agree to renew the service upon the expiration of the current term. Renewal payments will be invoiced, and you are responsible for ensuring timely renewal to avoid service interruptions.
15.Money-Back Guarantee
At Tejal Web, we are committed to delivering quality work and ensuring our clients are satisfied with the end product. We offer a 21-day Money-Back Guarantee on website development services, subject to the following conditions:
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Eligibility for Money-Back Guarantee: If, within 21 days of the start of your project, we are unable to make your website live due to issues directly within our control (such as technical problems or failure to meet agreed-upon deliverables), you are eligible for a refund.
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Refund Terms: The refund will be 70% of the amount paid for the development of your website, after deducting any applicable payment gateway fees. The payment gateway fees are non-refundable and will be subtracted from the total amount paid before the refund is issued.
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Exclusions:
- Domain Registration Fees: Any fees paid for domain registration or transfer are non-refundable under any circumstances.
- Refund After Website Goes Live: Once your website has been successfully published or made live, the Money-Back Guarantee no longer applies, and no refund will be issued.
- Third-Party Services: Charges related to third-party services (e.g., hosting, paid plugins, themes, or additional services) are also non-refundable.
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Refund Process: If you are eligible for a refund, it will be processed back to the original payment method, less the payment gateway fees, within 14 business days after approval.
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Exclusions from Refund: The money-back guarantee does not apply in cases where:
- You have delayed or failed to provide necessary content, feedback, or approvals.
- The project scope has changed or expanded after the initial agreement.
- Issues arise due to third-party hosting, plugins, or services.
- Legal, regulatory, or compliance issues prevent the launch.
By using our services, you acknowledge and agree to these terms, and we will make every effort to meet your expectations and deliver a successful final product.
16. Chargebacks
If you initiate a chargeback or reversal on a payment made to Tejal Web, you agree to immediately notify us of the dispute and attempt to resolve the issue directly. Chargebacks may result in fees, and services may be suspended or terminated.
17. Order Cancellation by User
You may cancel your order or project within a specified cancellation period outlined in your agreement with Tejal Web. After this period, cancellation may not result in a refund, and you may be liable for costs incurred up to that point.
18. Order Cancellation by Tejal Web
We reserve the right to cancel your order or project at any time if you fail to comply with the terms of the agreement, including non-payment, failure to provide necessary content or feedback, or engaging in misconduct.
19. Loss of Data, Content, and Capacity
Tejal Web will make reasonable efforts to protect your data, but we are not responsible for any loss of data or content that may occur, including in the event of server failures or third-party service disruptions. It is your responsibility to maintain backup copies of important data.
20. Online Store / eCommerce Websites – Acknowledgements and Warranties
If you are building an online store or eCommerce website with Tejal Web, you acknowledge that:
- Compliance with Regulations: You are responsible for ensuring that your online store complies with all relevant laws and regulations, including tax laws, privacy laws, and consumer protection laws.
- Third-Party Services: We are not responsible for third-party services (payment gateways, shipping services, etc.) and their integration into your site.
21. Payment Providers
Tejal Web may use third-party payment providers (e.g., PayPal, Stripe) for processing payments. You agree to abide by the terms and conditions of these third-party providers.
22. Third-Party Services
Tejal Web may integrate third-party services or plugins into your website. These services are provided by external companies, and Tejal Web is not responsible for their performance, security, or reliability.
23. Misconduct and Abuse
Any misconduct, abusive behavior, or unethical activity, including harassment or attempts to defraud Tejal Web, will result in the immediate suspension of your access to our services and may lead to legal action.
24. Copyrights
You agree not to infringe upon the copyrights of third parties by uploading or distributing content that violates copyright laws. Tejal Web retains the right to remove any content that violates intellectual property rights.
25. Disclaimer of Warranties
Tejal Web provides services on an "as is" basis without any warranties, express or implied. We do not guarantee that our services will meet your expectations, be error-free, or always function without interruption.
26. Limitation of Liability
Tejal Web's liability for any claim arising from the use of our services is limited to the amount you paid for the specific service in question. We are not liable for any indirect, incidental, or consequential damages.
27. Indemnity
You agree to indemnify and hold harmless Tejal Web from any and all claims, damages, or losses arising from your use of our services or your breach of these Terms.
28. Changes & Updates
We reserve the right to update or modify these Terms at any time. When significant changes are made, we will notify you by updating the "Last Updated" date on this document and may send you a notice via email or our platform.
29. Governing Law & Jurisdiction; Class Action Waiver
These Terms will be governed by the laws of [insert jurisdiction]. Any disputes related to these Terms will be subject to the exclusive jurisdiction of the courts in [insert jurisdiction]. You agree to waive any rights to participate in class action lawsuits related to Tejal Web.
30. Notices
All notices under these Terms must be sent to the contact information provided by Tejal Web or to your account's contact details.
31. Relationship
Nothing in these Terms shall be construed as creating a partnership, joint venture, or employment relationship between you and Tejal Web.
32. Entire Agreement
These Terms, together with any separate agreements or contracts related to specific projects, constitute the entire agreement between you and Tejal Web.
33. Assignment
You may not assign or transfer your rights or obligations under these Terms to third parties without prior written consent from Tejal Web.
34. Severability & Waivers
If any provision of these Terms is deemed unenforceable, the remaining provisions will remain in effect. Any waiver of these Terms must be made in writing.
35. Interpretation
Headings used in these Terms are for convenience and do not affect the interpretation of the document. The use of singular or plural terms refers to both singular and plural as appropriate.
36. Customer Service Contact
If you have any questions or concerns about these Terms, please contact our customer service team at:
- Email: [Insert email address]
- Phone: [Insert phone number]
- Mailing Address: [Insert full address]