Terms & Conditions

 

TERMS & CONDITIONS AGREEMENT

(Website Development, Mobile Application Development & Digital Marketing Services)


1. INTRODUCTION

This Terms & Conditions Agreement (“Agreement”) is entered into between:

Webazu Technology India (hereinafter referred to as “Company”)

AND

The Client (individual / business entity availing services)

Both shall be collectively referred to as the “Parties”.


2. DEFINITIONS

  • Services: Includes Website Development, Mobile Application Development, Digital Marketing, and related solutions

  • Project: Any assigned work under agreed proposal

  • Deliverables: Final output including website, application, dashboard, or campaign

  • Third-Party Services: APIs, payment gateways, hosting, SMS, cloud services


3. SCOPE OF SERVICES

3.1 Website Development

  • Custom website design and development

  • Frontend, backend, admin panel

  • Integration of APIs and payment gateways (if required)


3.2 Mobile Application Development

  • Android / iOS app development (Flutter or other agreed tech stack)

  • API integration and backend system

  • Wallet, recharge, investment or custom modules


3.3 Digital Marketing Services

  • Social Media Marketing

  • SEO (Search Engine Optimization)

  • Paid Ads (Meta, Google, etc.)

  • Campaign management and reporting


4. PROJECT EXECUTION & TIMELINE

  • Timeline shall be defined in proposal or agreement

  • Timeline may vary due to:

    • Client delay in approvals

    • Content or data delay

    • Change requests

  • Such delays shall not be considered Company’s fault


5. PAYMENT TERMS

5.1 Custom Development Projects

  • Token amount or 30%–50% advance is required to initiate work

  • Remaining payment shall be collected as per milestones


5.2 Digital Marketing

  • 100% advance payment is required before campaign execution


5.3 Payment Conditions

  • All payments are non-refundable, except where explicitly mentioned in Refund Policy

  • Delay in payment may result in:

    • Work suspension

    • Service discontinuation


6. CLIENT RESPONSIBILITIES

The Client agrees to:

  • Provide accurate information, content, and credentials

  • Ensure legal compliance of business activities

  • Approve designs and deliverables on time

  • Make payments as per schedule

  • Not misuse the platform or services


7. CHANGE REQUEST POLICY

  • Any feature not included in initial scope shall be considered a Change Request

  • Additional cost and timeline shall apply

  • Execution will begin only after written approval


8. INTELLECTUAL PROPERTY RIGHTS

8.1 Default Ownership

All code, architecture, frameworks, and technical assets developed by the Company shall remain the property of the Company unless otherwise agreed.


8.2 Conditional Ownership Transfer

Final project ownership (including source code) shall be transferred to the Client only in special cases, subject to:

  • Explicit written mention in agreement/proposal

  • Completion of 100% payment

  • Additional charges (if applicable) for ownership or exclusivity


8.3 Company Rights

The Company reserves the right to:

  • Reuse frameworks, modules, and reusable components

  • Showcase project in portfolio and marketing

  • Retain proprietary systems and architecture


8.4 Third-Party Components

All third-party tools, APIs, and integrations shall remain under their respective licenses.


9. CONFIDENTIALITY

Both Parties agree:

  • To keep confidential all sensitive information

  • Not to disclose project data or business logic

  • Confidentiality continues even after project completion


10. REFUND POLICY

Refunds shall be governed as per the Company’s Refund Policy, which includes:

  • Non-refundable token/advance payments for development

  • Conditional refund only if work is not initiated within 72 hours

  • Digital Marketing refunds applicable only on unused budget (if applicable)


11. DIGITAL MARKETING DISCLAIMER

The Company does not guarantee:

  • Fixed number of leads

  • Sales or revenue

  • Ranking position in search engines

Performance depends on market conditions, budget, competition, and audience behavior.


12. THIRD-PARTY SERVICES

  • Services like hosting, domain, payment gateways, APIs are third-party

  • Charges are separate and borne by the Client

  • Company is not responsible for downtime or failure of third-party services


13. PLATFORM, WALLET & TRANSACTION DISCLAIMER

For systems involving:

  • Wallet

  • Recharge

  • Payments

  • Investment

The Company:

  • Provides only technology platform

  • Is not responsible for:

    • Transaction failures

    • API failures

    • Financial disputes

    • Regulatory compliance of Client business


14. LIMITATION OF LIABILITY

The Company shall not be liable for:

  • Business loss or revenue loss

  • Data loss due to external factors

  • User misuse or fraud

  • Third-party failures

  • Legal compliance of Client operations


15. TERMINATION

  • Non-payment beyond agreed timeline may result in suspension

  • If Client terminates:

    • No refund shall be issued

    • Deliverables may not be provided

  • Company may terminate in case of agreement violation


16. TECHNICAL SUPPORT & MAINTENANCE

  • Support duration shall be as per agreement

  • Includes:

    • Bug fixing

    • Minor updates

  • Excludes:

    • New features

    • Major design changes

    • Third-party costs


17. LEGAL COMPLIANCE

The Client agrees to comply with:

  • IT Act, 2000

  • Data protection laws

  • RBI and financial regulations (if applicable)

  • Any applicable Indian laws


18. FORCE MAJEURE

Neither Party shall be liable for delays caused by:

  • Natural disasters

  • Government restrictions

  • Internet failures

  • Pandemic situations


19. GOVERNING LAW & JURISDICTION

This Agreement shall be governed by laws of India.
All disputes shall be subject to jurisdiction of:

Lucknow, Uttar Pradesh, India


20. ENTIRE AGREEMENT

This Agreement constitutes the complete understanding between both Parties and supersedes all prior communications.


21. AMENDMENTS

The Company reserves the right to modify these Terms & Conditions at any time. Updated terms shall be applicable upon publication.


22. ACCEPTANCE

By signing the agreement or proceeding with services, the Client acknowledges that they have read, understood, and agreed to all Terms & Conditions mentioned herein.


23. PRODUCT-BASED SYSTEM & PLATFORM OWNERSHIP PROTECTION

23.1 Nature of Service

The Client acknowledges that Webazu Technology India operates on a product-based development model, where certain systems, modules, frameworks, and platforms are pre-developed, reusable, and commercially distributed across multiple clients.


23.2 Non-Exclusive Usage Rights

Unless explicitly agreed in writing, the Client is granted only a limited, non-exclusive, non-transferable right to use the delivered system for their business operations.

The Client shall not claim:

  • Full ownership of system architecture

  • Exclusive rights over modules, workflows, or logic

  • Rights to resell, sublicense, or redistribute the system


23.3 Core System Ownership

All core components, including but not limited to:

  • Recharge engines

  • Wallet systems

  • Investment modules

  • API integrations

  • Backend architecture

shall remain the intellectual property of Webazu Technology India, regardless of customization.


23.4 Restrictions on Reverse Engineering

The Client agrees not to:

  • Copy, replicate, or reverse engineer the system

  • Share source code with third parties

  • Attempt to create competing software using Company’s system


23.5 Customization Scope

Any customization provided to the Client:

  • Shall be limited to agreed scope

  • Shall not grant ownership over the base product

  • May still rely on Company-owned core frameworks


23.6 Licensing Nature

The system is provided under a licensed usage model, not a full ownership transfer, unless:

  • Specifically agreed in writing
    AND

  • Full ownership charges are paid


23.7 Right to Reuse

Webazu Technology India retains the right to:

  • Reuse any system, code, or modules

  • Provide similar or identical solutions to other clients

  • Commercialize the same product in different markets


23.8 Termination Impact

In case of termination:

  • Client access to system may be suspended

  • License to use system may be revoked

  • No ownership rights shall be transferred

 

24. RECHARGE, WALLET, PAYMENT & INVESTMENT LIABILITY DISCLAIMER


24.1 Nature of Platform

The Client acknowledges that Webazu Technology India provides a technology platform and software infrastructure only, which facilitates:

  • Mobile Recharge & Bill Payments

  • Wallet Management System

  • UPI / Payment Integrations

  • Investment / Property Modules

  • Financial Transactions through third-party APIs

The Company does not act as a financial institution, payment aggregator, NBFC, or investment advisor.


24.2 Third-Party API & Service Dependency

All recharge, bill payment, UPI, payment gateway, and financial services are executed via third-party service providers and APIs.

The Company shall not be responsible for:

  • Transaction failures

  • Delayed or pending transactions

  • API downtime or errors

  • Incorrect operator/biller responses

  • Reversal delays


24.3 Wallet System Disclaimer

The wallet system provided is a digital ledger system only.

The Company shall not be liable for:

  • Incorrect wallet deductions or credits due to API/provider issues

  • Unauthorized access due to weak user credentials

  • Fraudulent user activities

  • Balance mismatches caused by external integrations


24.4 Recharge & Bill Payment Disclaimer

The Company shall not be responsible for:

  • Failed or incorrect recharges

  • Wrong number/operator entered by end users

  • Delays caused by telecom or service providers

  • Duplicate or reversed transactions

Refunds (if applicable) shall be subject to API provider rules and system logic.


24.5 UPI & Payment Gateway Disclaimer

The Company does not control:

  • Bank servers

  • UPI networks

  • Payment gateway systems

The Company shall not be liable for:

  • Failed or stuck payments

  • Delayed settlements

  • Bank-side errors

  • Chargebacks or disputes


24.6 Investment Module Disclaimer

The investment/property module is provided as a technology platform only.

The Company:

  • Does not guarantee returns, profits, or ROI

  • Is not responsible for financial losses

  • Does not verify or guarantee investment legitimacy

The Client is solely responsible for:

  • Business model legality

  • Investor agreements

  • Financial compliance (RBI, SEBI, etc.)


24.7 Regulatory Compliance Responsibility

The Client agrees that they are solely responsible for complying with:

  • RBI Guidelines

  • SEBI Regulations (if applicable)

  • Financial and taxation laws

  • KYC/AML requirements

The Company shall not be liable for any regulatory violations.


24.8 Fraud & Misuse Disclaimer

The Company shall not be responsible for:

  • Fraudulent transactions

  • Unauthorized user access

  • Phishing or hacking incidents

  • Misuse of system by vendors, users, or employees


24.9 Data & Transaction Integrity

While the Company ensures best technical practices, it does not guarantee:

  • 100% uptime

  • Error-free transactions

  • Complete data accuracy in case of external system failures


24.10 Limitation of Financial Liability

Under no circumstances shall Webazu Technology India be liable for:

  • Financial losses

  • Business losses

  • Revenue loss

  • Investment loss

  • Indirect or consequential damages


24.11 Indemnification

The Client agrees to indemnify and hold harmless Webazu Technology India from:

  • Legal claims

  • Financial disputes

  • Regulatory penalties

  • User complaints

arising from the use of the platform.

25. NON-REFUNDABLE PAYMENT PROTECTION CLAUSE


25.1 General Policy

The Client acknowledges and agrees that all payments made to Webazu Technology India are non-refundable in nature, except where explicitly stated under the Company’s Refund Policy.


25.2 Advance / Token Payment

  • Token amount or advance payment (30%–50%) collected for project initiation is strictly non-refundable

  • Such payments are made for:

    • Resource allocation

    • Project planning

    • Design and development initiation

Once any work has commenced, no refund shall be applicable.


25.3 Work Initiation Condition

A project shall be considered initiated once any of the following activities have started:

  • Domain booking

  • Hosting configuration

  • UI/UX design

  • Development work

  • API integration

  • Requirement analysis or system planning

After initiation, no refund claim shall be entertained.


25.4 Milestone & Final Payments

  • All milestone payments and final payments are non-refundable

  • These payments represent completed work, effort, and delivery stages


25.5 Digital Marketing Payments

  • All Digital Marketing and SEO payments are non-refundable, as they involve:

    • Campaign setup

    • Ad spend

    • Resource deployment

    • Strategy planning

Refund, if any, shall be strictly limited to unused and unspent budget only, as defined in the Refund Policy.


25.6 Third-Party Costs

All costs incurred for third-party services are non-refundable, including:

  • Domain registration

  • Hosting services

  • Payment gateway charges

  • SMS/OTP services

  • API integrations


25.7 Client Delay or Non-Cooperation

No refund shall be provided if:

  • The Client fails to provide required inputs

  • The Client delays approvals

  • The project is stalled due to Client-side issues

  • The Client becomes unresponsive


25.8 Change of Mind / Business Decision

Refund shall not be applicable in cases where:

  • The Client changes business plans

  • The Client decides to discontinue the project

  • The Client is not satisfied without valid technical reasons


25.9 Cancellation After Work Start

If the Client cancels the project after work has started:

  • No refund shall be provided

  • The Company is not obligated to deliver partial work


25.10 Exceptional Refunds

Any refund outside the standard policy shall be:

  • At the sole discretion of Webazu Technology India

  • Processed only in writing

  • Limited strictly to the terms defined in the Refund Policy


25.11 Dispute Protection

The Client agrees that:

  • Non-refundable payments shall not be disputed through chargebacks or payment gateways

  • Any dispute must be resolved directly with the Company

Unauthorized chargebacks shall be treated as a breach of agreement.