Terms of Service

By accessing and using the WebsignX website at https://websignx.com, submitting a contact or quote request, engaging our IT consulting or software development services, or entering into any project agreement with us, you accept and agree to be bound by these Terms of Service ("Terms"), our Privacy Policy, and any additional terms applicable to specific services.

These Terms apply to all visitors, users, clients, and others who access or use our Services. They are effective from January 1, 2025.

If you are accepting these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms. In that case, "you" and "your" refer to that entity.

WebsignX Technologies Pvt. Ltd. provides professional IT consulting and technology services including, but not limited to:

• Web Application Development (React, Node.js, PHP, Python, WordPress and more)
• Mobile Application Development (iOS, Android, Flutter, React Native)
• Artificial Intelligence and Machine Learning Solutions
• eCommerce Development (Shopify, Magento, WooCommerce)
• Digital Marketing, SEO and Social Media Optimization (SMO)
• Software Development (SaaS, CRM, ERP, Custom Software)
• Cloud Solutions and DevOps (AWS, Azure, GCP)
• UI/UX Design and Product Strategy
• IT Staff Augmentation and Dedicated Developer Hiring
• IT Consulting, Technical Architecture and Business Analysis

The specific scope, deliverables, timelines, and pricing for each project are defined in individual Project Agreements, Statements of Work (SOW), or Service Agreements entered into between WebsignX and the Client. In the event of a conflict between these Terms and a signed Project Agreement, the Project Agreement shall prevail.

We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of Services.

To use our Services, you must:

• Be at least 18 years of age
• Have the legal capacity to enter into binding contracts in your jurisdiction
• Not be prohibited from receiving our Services under applicable laws
• Provide accurate, complete, and up-to-date information when engaging our Services
• Be acting on your own behalf or be duly authorized to act on behalf of a legal entity

Our Services are intended for business purposes only. We do not provide services to consumers acting in a purely personal capacity for non-commercial purposes.

4.1 Account Registration

Some of our services may require you to create a client account or access a project management portal. You agree to provide accurate and complete information and to update your information to keep it accurate, current, and complete.

4.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately at support@websignx.com of any unauthorized use of your account. WebsignX is not liable for any loss or damage resulting from your failure to maintain account security.

4.3 Client Obligations

In connection with our service engagements, you agree to:

• Provide timely, accurate, and complete information, content, materials and access required for project delivery
• Designate a primary point of contact with authority to make project decisions and provide approvals
• Respond to communications, review deliverables, and provide feedback within agreed timelines
• Ensure you have all necessary rights and permissions to any materials, content or third-party systems you provide to us
• Make payments on time in accordance with agreed payment schedules
• Not engage in any activity that could damage, disable or impair our systems or services
• Comply with all applicable laws and regulations in your use of our deliverables

5.1 Project Initiation

All project engagements are formalized through a signed Statement of Work (SOW), Project Agreement, or service contract outlining the scope, deliverables, timelines, milestones, and pricing. No project work commences until the agreement is signed and, where applicable, an initial deposit is received.

5.2 Scope Changes

Any changes to the agreed project scope ("Change Requests") must be submitted in writing and approved by both parties before implementation. Approved scope changes may affect the project timeline, pricing, or both. Undocumented verbal scope changes are not binding on WebsignX.

5.3 Delivery and Acceptance

Upon completion of deliverables, we will provide them for your review and acceptance testing. You agree to:

• Review deliverables within the agreed acceptance period (typically 5-10 business days)
• Provide specific, documented feedback identifying any defects or non-conformities with the agreed specifications
• Approve deliverables in writing once satisfied
• Deliverables not rejected with specific written feedback within the acceptance period are deemed accepted

5.4 Post-Launch Support

Unless otherwise agreed in writing, WebsignX provides a standard warranty period of 30 days after project launch during which we will fix any bugs or defects arising from our work at no additional charge. Issues arising from client modifications, third-party integrations, or new feature requests are outside this warranty scope.

5.5 Client-Caused Delays

If project delays occur due to your failure to provide required materials, feedback, approvals, or access within agreed timelines, we reserve the right to adjust the project schedule and, where necessary, revise pricing to reflect additional time and resources required.

6.1 Fees and Pricing

All project fees are specified in the applicable Project Agreement or Statement of Work. Prices are stated in the currency agreed upon and are exclusive of applicable taxes unless otherwise stated.

6.2 Payment Schedule

Standard payment schedules for project-based work are as follows (unless otherwise agreed):

• Initial Deposit: 30-50% of total project fee due upon project agreement signing
• Milestone Payments: Additional payments tied to agreed project milestones
• Final Payment: Remaining balance due prior to final delivery and transfer of deliverables
• Monthly Retainer: Billed in advance on the first day of each service month

6.3 Late Payments

Invoices are payable within 15 days of the invoice date unless otherwise agreed. Late payments will accrue interest at the rate of 1.5% per month (or the maximum rate permitted by applicable law, whichever is lower) on the outstanding balance. We reserve the right to suspend work on active projects if invoices remain unpaid for more than 30 days.

6.4 Taxes

You are responsible for all applicable taxes, duties, levies, and government charges arising from your purchase of our Services, including but not limited to Goods and Services Tax (GST) in India and applicable sales taxes in your jurisdiction. Where required by law, WebsignX will collect and remit such taxes.

6.5 Refund Policy

Due to the custom nature of our services, all deposits and payments for work already completed are non-refundable. If a project is cancelled by the Client:

• Work completed to date will be invoiced at our standard hourly rates or the pro-rated project fee, whichever is greater
• Any recoverable third-party costs incurred on your behalf (licenses, domains, APIs) are non-refundable
• Deposits are non-refundable but will be applied against outstanding invoices for work completed

7.1 Client Materials

You retain full ownership of all intellectual property rights in materials, content, logos, trademarks, data and other assets you provide to WebsignX for use in your project ("Client Materials"). You grant WebsignX a limited, non-exclusive, royalty-free license to use Client Materials solely for the purpose of delivering the agreed services.

7.2 Project Deliverables

Upon receipt of full payment for a project:

• All custom code, designs, and content created specifically for your project ("Custom Deliverables") are assigned to you
• You receive full ownership of Custom Deliverables upon final payment
• WebsignX may use generic, reusable code components, frameworks, libraries and methodologies that form part of our standard development toolkit ("Background IP") — you receive a perpetual, royalty-free license to use Background IP as incorporated into your deliverables
• Prior to full payment, WebsignX retains all rights to project deliverables

7.3 WebsignX Intellectual Property

All content on our website including text, graphics, logos, icons, images, audio clips, and software is the property of WebsignX Technologies Pvt. Ltd. and is protected by applicable intellectual property laws. You may not copy, reproduce, distribute, or create derivative works from our website content without our express written permission.

7.4 Portfolio Rights

Unless you expressly request otherwise in writing, WebsignX reserves the right to reference your project in our portfolio, case studies, marketing materials, and social media to showcase our work. We will not disclose confidential business information or proprietary technical details without your approval.

7.5 Open Source Components

Where our deliverables include open-source software components, such components are subject to their respective open-source licenses. We will disclose any material open-source components used in your project.

8.1 Mutual Confidentiality

Both parties agree to maintain the confidentiality of the other party's Confidential Information. "Confidential Information" means any non-public information disclosed by one party to the other in connection with a project engagement, including but not limited to business strategies, technical specifications, financial information, client data, pricing, and trade secrets.

8.2 NDA Standard Practice

WebsignX signs a Non-Disclosure Agreement (NDA) before any detailed project discussion or consultation involving sensitive business information. This is our standard practice for all new client engagements. The NDA is provided free of charge and signed prior to any substantive discussion of your project.

8.3 Obligations

Each party agrees to:

• Keep Confidential Information strictly confidential and not disclose it to third parties without prior written consent
• Use Confidential Information solely for the purposes of the project engagement
• Protect Confidential Information with at least the same degree of care used to protect its own confidential information (minimum reasonable care)
• Notify the disclosing party promptly upon becoming aware of any unauthorized disclosure

8.4 Exceptions

Confidentiality obligations do not apply to information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was rightfully known before disclosure; (c) is independently developed without use of confidential information; or (d) is required to be disclosed by applicable law or court order.

8.5 Duration

Confidentiality obligations survive termination of the project engagement for a period of three (3) years, or as specified in a separate signed NDA.

9.1 WebsignX Warranties

WebsignX represents and warrants that:

• We have the full right and authority to enter into and perform our obligations under these Terms
• Our services will be performed in a professional and workmanlike manner, consistent with industry standards
• Deliverables will substantially conform to the agreed specifications at the time of delivery
• We will not knowingly incorporate any third-party intellectual property into your deliverables that infringes on third-party rights
• Our team members and contractors have the necessary skills, qualifications and experience to perform the contracted services

9.2 Client Warranties

You represent and warrant that:

• You have the full right and authority to enter into and perform your obligations under these Terms
• All Client Materials provided to us are owned by you or you have the necessary licenses and permissions to provide and use them
• Your use of our deliverables will comply with all applicable laws and regulations
• The information you provide in connection with our services is accurate and complete

9.3 Disclaimer of Warranties

10.1 Exclusion of Consequential Damages

In no event shall WebsignX be liable for any:

• Loss of profits, revenue, or business opportunities
• Loss of data, goodwill, or reputation
• Indirect, incidental, special, exemplary, or consequential damages
• Cost of procurement of substitute goods or services
• Business interruption or downtime costs
• Damages arising from third-party claims against you

even if we have been advised of the possibility of such damages.

10.2 Essential Basis

The limitations of liability set forth in this section reflect a reasonable allocation of risk between the parties and are an essential element of the basis of the bargain between WebsignX and you. We would not provide our services without these limitations.

10.3 Exceptions

The limitations of liability above do not apply to: (a) fraud or willful misconduct by WebsignX; (b) death or personal injury caused by our negligence; or (c) any other liability that cannot be excluded or limited under applicable law.

You agree to indemnify, defend, and hold harmless WebsignX Technologies Pvt. Ltd., its officers, directors, employees, contractors, agents, and licensors from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or relating to:

• Your breach of these Terms of Service
• Your violation of any applicable law, regulation, or third-party right
• Client Materials you provide that infringe on third-party intellectual property rights or are defamatory, offensive, or illegal
• Your use of our deliverables in a manner not authorized by these Terms or applicable law
• Any claims by your end users, customers, or third parties arising from your products or services built using our deliverables
• Any misrepresentation you make in connection with our services

We reserve the right, at our expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate fully with us in asserting any available defenses.

12.1 Termination by Client

You may terminate a project engagement or these Terms at any time by providing 30 days' written notice to WebsignX. Upon termination:

• You remain obligated to pay for all work completed and in-progress up to the termination date
• WebsignX will deliver all completed deliverables upon receipt of full payment
• Any non-recoverable expenses incurred on your behalf prior to termination notice are payable by you

12.2 Termination by WebsignX

WebsignX may terminate a project engagement or these Terms immediately upon written notice if:

• You materially breach these Terms and fail to cure the breach within 15 days of written notice
• You fail to make payment within 30 days of the due date after a payment reminder
• You engage in fraudulent, illegal, or abusive conduct in connection with our services
• You become insolvent, make an assignment for the benefit of creditors, or have a receiver appointed

12.3 Effect of Termination

Upon termination of any project engagement, all licenses granted to you are immediately revoked until outstanding payments are settled in full. Sections of these Terms that by their nature should survive termination shall do so, including Sections 7, 8, 9, 10, 11, 13, and 14.

13.1 Informal Resolution

Before filing a formal claim, both parties agree to make a good-faith effort to resolve any dispute, claim, or controversy arising out of or related to these Terms or our Services. The party with a dispute must send a written notice describing the dispute to the other party. Both parties agree to attempt in good faith to resolve the dispute within 30 days of receipt of the notice through direct negotiation.

13.2 Mediation

If informal resolution fails, both parties agree to submit the dispute to non-binding mediation before a mutually agreed mediator. The costs of mediation shall be shared equally between the parties.

13.3 Arbitration

If mediation is unsuccessful, any unresolved dispute shall be finally settled by binding arbitration in accordance with the Arbitration and Conciliation Act, 1996 of India (as amended). The arbitration shall be conducted:

• By a sole arbitrator mutually appointed by both parties (or, failing agreement, appointed by the relevant authority)
• In the English language
• In Noida, Uttar Pradesh, India (with option for virtual hearings for international disputes)
• The arbitral award shall be final and binding on both parties

13.4 Exceptions

Notwithstanding the above, either party may seek emergency injunctive or other equitable relief in any court of competent jurisdiction to prevent irreparable harm pending arbitration, particularly in cases involving intellectual property rights or confidentiality breaches.

These Terms of Service are governed by and construed in accordance with the laws of India, without regard to conflict of law principles.

Subject to the arbitration clause in Section 13, you consent to the exclusive jurisdiction of the courts located in Noida, Uttar Pradesh, India for any disputes not subject to arbitration.

For clients located in the United States, United Kingdom, or Australia, we acknowledge the applicability of relevant consumer protection and business contract laws in those jurisdictions to the extent required by applicable law, without prejudice to the Indian governing law clause above.

15.1 Entire Agreement

These Terms, together with our Privacy Policy, any signed Project Agreement or SOW, and any other policies incorporated by reference, constitute the entire agreement between you and WebsignX with respect to the subject matter hereof and supersede all prior or contemporaneous understandings, agreements, and representations.

15.2 Modifications to Terms

We reserve the right to modify these Terms at any time. Material changes will be notified via email or a prominent notice on our website. Continued use of our Services after the effective date of any modifications constitutes acceptance of the revised Terms. If you disagree with modifications, you may terminate any ongoing engagement subject to the termination provisions in Section 12.

15.3 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.

15.4 Waiver

Our failure to enforce any provision of these Terms on one occasion shall not constitute a waiver of our right to enforce such provision on any future occasion. All waivers must be in writing to be effective.

15.5 Force Majeure

Neither party shall be liable for delays or failures in performance resulting from causes beyond their reasonable control, including but not limited to: acts of God, natural disasters, pandemics, war, terrorism, government actions, internet infrastructure failures, power outages, or labor disputes. The affected party must promptly notify the other party in writing of the force majeure event and its expected duration.

15.6 Assignment

You may not assign or transfer these Terms or any rights or obligations hereunder to any third party without our prior written consent. WebsignX may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of its assets, provided the assignee assumes all obligations herein.

15.7 No Agency or Partnership

Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and WebsignX. Neither party has authority to obligate or bind the other party in any manner.

15.8 Headings

Section headings in these Terms are for convenience only and have no legal effect. They do not affect the interpretation of any provision of these Terms.

If you have any questions, concerns, or requests regarding these Terms of Service, please contact our legal team:

We will acknowledge your inquiry within 48 hours and respond fully within 14 business days for general inquiries and 30 days for complex legal matters.

Contact Legal Team