WebomaticIndia.com Website, our online public information site about our company and its products & services.

This Terms and Conditions document (“Terms”) governs your use of the Website and any features and functionalities thereof, and applies to all user content, comments, discussions and Website content, whether accessed via the Website or third-party websites.

By using this Website either as a member or as a user, you agree to be bound by the terms and conditions contained herein. Our Privacy Policy, which can be accessible at Privacy Policy Page on our website, forms a part of these Terms by this reference. In case you disagree with any of the provisions contained herein, you acknowledge, understand and agree that your sole remedy shall be to immediately cease any further usage of this website.

Amendments

These Terms may be modified and amended at any time, in our sole discretion, without any prior notice to anyone. All such modifications shall be effective upon their posting on this page. Your continued use of the Website after such modifications shall signify your implied consent to such amended Terms and Conditions. Therefore, it is important that you review these Terms by visiting this page often.

Last amended on 18 January 2025.

Third Party Links

This Website may contain links to external websites that are not controlled or owned by us. We assume no responsibility as to the content, features, and functionality of such linked websites. Such websites may belong to our advertisers, affiliates, agents, partners, etc. You visit and/or deal with such linked websites at your own sole risk. By accessing any of the linked websites, you expressly release us from any liability arising out of such use.

Visitor / Buyer / Purchaser

Membership of the Website is void where prohibited. By registering for membership of this Website, you represent and warrant that...

• you have the right, authority, and capacity to enter into this Terms and Conditions Agreement;
• you shall abide by all the terms and conditions provided for hereunder;
• you are of or above the age of 18 years;
• your use of the Website shall not violate any applicable law or regulation;
• you shall provide true, complete and accurate information about yourself as required in the Registration Form, and shall keep your account updated in case of any change;
• you shall be solely responsible for all authorized and unauthorized access to your account, and all the activity that can be traced to your account;
• you shall be solely responsible for maintaining confidentiality and secrecy about the password associated with your account on the Website;
• you shall immediately inform us in case you suspect any unauthorized access to / activity from your account.

You may terminate your membership at any time by managing your account.

License

By using this Website, you are hereby given a worldwide, royalty-free, limited license to:

• Use it for non-commercial purposes only;
• Use it in accordance with this Terms document;
• Use it for its intended purpose only;
• Post content published on this Website on other websites on purely non-commercial purposes and without altering and/or removing the name and logo of the Website.

Note: Non-commercial purposes include, without limitation, posting on a profile page on another social networking website; posting on a personal blog, message board, discussion group, forum, or chat room; etc.

This limited license can be revoked at any time in the sole discretion of the Company.

Prohibited Uses

The following is a non-exhaustive list of prohibited uses of the Website. The users shall not use the Website for any of the below-mentioned purposes:

• Any illegal and/or unauthorized use of the Website, including without limitation, for vulgarity, pornography, harassing, obscenity, bullying, pedophilia, intimidating, impersonating anyone and all such actions that are not permissible under law;
• Spreading spam messages, including unsolicited mail, through the use of any feature or the functionality of the Website;
• Unauthorized framing of the Website;
• Unauthorized deep linking of the Website;
• Member profiles containing commercial advertisements, affiliate links, and other forms of solicitation;

Any violation of this clause may invite legal action.

Copyright Notice

This Website may contain user-submitted content as well as the content proprietary to the Company. The term "Content" includes, without limitation, the text, images, photos, videos, audio, multimedia files, logos, artwork, musical work, sounds, and works of authorship or any such material.

Except for the content posted by you or as otherwise authorized by the terms and conditions contained herein, any content appearing on this Website may not be used, copied, adapted, translated, transmitted, reproduced, distributed, displayed, broadcasted, sold or licensed or otherwise used commercially, without the prior written consent of the Company.

You further agree not to circumvent, disable or otherwise, interfere with security-related features of the Website or features that prevent or restrict use or copying of any content or enforce limitations on the use of the Website or the content therein.

In case you think that your copyright is being violated on this Website, kindly write to us at [email protected]. We shall get in touch with you within 48 working hours to take remedial action.

User-Submitted Content

The Company does not claim any ownership to the user-submitted content. The originator of such content continues to retain all ownership rights in user-submitted content.

By posting the user-submitted content on the Website, you hereby grant us a non-exclusive, worldwide, fully-paid, royalty-free, irrevocable, and sub-licensable license to use, modify, adapt, publicly perform, display, reproduce, and distribute such user-submitted content for any purpose at our sole discretion.

By posting the content, you represent and warrant that:

• you own such content or otherwise have the license to post such content and the right to grant the license set forth herein;
• such content does not violate anyone’s including intellectual property rights, privacy rights, publicity rights, contract rights;
• you shall be solely responsible for the payment of all royalties and any other monies owed to any person by reason of such posted content;
• such content shall not spread falsehood or misrepresentations that could damage anyone, including the Company;
• you shall be solely responsible for all such content and materials transmitted to other members of the Website, and the consequences thereof

We reserve the right to:

• Remove the user-submitted content without any notice to anyone and with or without assigning any reason to anyone and
• Remove the user-submitted content for violation of any of the terms contained herein, any applicable law, and any rights of anyone.

Disclaimers Regarding User-Submitted Content

• We do not endorse or screen or exercise any control over the user-submitted content. However, we do reserve the right to review such content at any time in our sole discretion and take appropriate remedial action in case such content is found to be in violation of these Terms, including modifying or removing infringing content;
• The user-submitted content does not necessarily reflect the opinions or policies of the Company.
• We do not make any express or implied warranty as to the user-submitted content or to the accuracy and reliability of such content or any material transmitted to other members of the Website.
• We expressly disclaim any and all liability arising out of or in connection with the user-submitted content.

General Disclaimers

• We shall not be responsible for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user and/or member communications;
• We disclaim any liability arising out of any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users and/or members or to any other person’s computer related to or resulting from participating or downloading materials in connection with this Website and/or in connection with the Website;
• We shall not be held responsible for the conduct, whether online or offline, of any user and/or member of this Website;
• We disclaim any liability for any loss or damage, including personal injury or death, resulting from the use of the Website, attendance at a Website-sponsored event, and from any content posted on or through the Website;
• The Website is provided on an “as is and as available” basis and we disclaim any warranty of fitness for a particular purpose or non-infringement.
  We cannot and do not guarantee any specific results from the use of this Website.
• No advice or information, whether oral or written, obtained by you from the Website shall create any warranty not expressly stated in this Agreement.

Limitation of Liability

EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT SHALL WE BE LIABLE TO YOU OR TOWARDS ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE WEBSITE FOR THE WEBSITE SERVICES DURING THE TERM OF YOUR MEMBERSHIP.

Indemnity

You agree to indemnify and hold us and our subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit, or make available through the Website, your use of the Website, your connection to the Website, your violation of these Terms, your violation of any rights of another, or any other loss suffered by the Website on account of your direct or indirect conduct.

Entire Agreement

These Terms constitute the entire agreement between you and us regarding the use of this Website.

No Waiver

Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision

Severability

These Terms operate to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void, or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

Governing Law

These Terms and their interpretation shall be governed by the relevant laws of India. You hereby agree to submit your disputes pertaining to the subject matter dealt with herein to the jurisdictional courts and applicable laws of India.

Terms Related to Domain Name

• We register domain name after receiving 100% advance payment along with the purchase order / work order.
• The price of first year registration is normally lesser and may be pre-discounted without your negotiation. Hence, the price may vary for renewal from second year onwards.
• Order of domain name cannot be cancelled.
• Domain name once registered cannot be changed.
• The payment of domain name is not refundable or transferrable.
• From second year, we must receive renewal confirmation along with payment in one month advance. If the renewal date is missed (by any reason or any mistake), the penalty charges would be up to 10 times of domain price and client must pay it to renew.
• Transfer Domain: If clients want to transfer the domain to another registrar, the transfer charges would be Rs 5000 (Rupees Five Thousand only) + GST. Client must begin the transfer process with the new registrar.
• Client agrees to abide these terms and conditions as well as all the periodically change in it available on our website. Further all the terms discussed verbally as well as informed in email.
• Subject to Ahmedabad Jurisdiction.
• Above terms & conditions are updated on 17th January 2025 and will be in effect from 1st February 2025.

Terms Related to Web Hosting

• We host the website after receiving 100% advance payment.
• We do not offer unlimited space or email id or bandwidth.
• All our hosting plans packages have specific web space, number of email id, monthly bandwidth etc. So please understand the package details before buying the hosting plan.
• We highly recommend that client use email accounts with MS-Outlook or such reputed software. Client must use the email account with POP3 settings as per our standard suggested configuration. Violating this terms may suspend your email account of web hosting. It will be restored after receiving a written confirmation that client will never violet the rules of using email accounts. We may also demand certain penalty to restore the web hosting and email account.
• If client wants to use email account with multiple devices with real time syncing, we highly recommend to go for Google Workspace Paid Service. We will help in setting up email ID of your domain with Google Workspace. Client must pay the fees of Google Workspace directly to Google on monthly or yearly basis.
• We will provide you credentials (user name & password) of cPanel, Email IDs and FTP. You must change the password immediately for security reasons.
• We are not liable for any loss of data, or email or any content of website. You must take back up periodically.
• For websites prepared in WordPress or any other CMS based website should have proper security plug-in to avoid any issues against malware, viruses, hackers or threat.
• We will provide initial training to create Email ID, change password, assign quota, configuration in MS-Outlook, basic operation of cPanel etc free of cost.
• We offer 99% uptime guarantee in normal condition. However, we are not liable against any unavoidable technical issues, flood, earthquake, electricity or internet issues.
• You can send maximum up to 500 emails per day (maximum up to 50 per hour) from one domain.
• You must not spam or use any bulk email marketing application, mail merge or any kind of spamming that break our policy.
• You agree that you will not spam. In such case, our automated system will block your domain or IP for certain time period. It will be automatically unblocked after certain time period.
• If you find any issue in email or website, you must send first of all one email on [email protected] stating the exact issue in details.
• Client agrees to abide these terms and conditions as well as all the periodically change in it available on our website. Further all the terms discussed verbally as well as informed in email.
• Subject to Ahmedabad Jurisdiction.

Terms Related to Content

• Webomaticindia.com Website offers digital marketing, website designing, graphics designing, video, animation services.

Amendments

• These Terms may be modified and amended at any time, in our sole discretion, without any prior notice to anyone. All such modifications shall be effective upon their posting on this page. Your continued use of the Website after such modifications shall signify your implied consent to such amended Terms and Conditions. Therefore, it is important that you review these Terms by visiting this page often.
• Last amended on 17th January 2025.

Content

• To deliver any kind of digital designing, website designing, graphics designing, explainer video, animation, at Webomatic (Maruti Enterprise), we always demand from our clients, relevant content like text, images, video footage that our clients own. Such information is used to produce the designing work of our clients.
• We never use content of a client for another client.
• We always insist / force our clients to use the original content to avoid any Legal Copyright Infringement.
• We begin the work of order after receiving content from our clients.
• In case our clients are not able to provide text content, we propose them to hire content writer instead of copying it from similar business's website.
• In case our clients are not able to provide images or video footage, we propose them to purchase the same from well-known image or video selling website.
• To purchase images or video footage or font or icons, we can also help purchase on behalf of our clients on demand, and provide license to use the same on their website, digital and printed material.
• In any case, Webomatic (Maruti Enterprise) is not liable or responsible for any Legal Copyright Infringement on any kind of graphics designing work, any kind of website work, any kind of website work. The complete responsibility is of our clients.

Terms Related to Free Maintenance 

• We offer Free Maintenance Service on our Website Designing Packages. Please read this terms & agree with it.
• Free Maintenance is applicable for our all packages of static responsive website designing only.
• Free Maintenance includes any kind of change in text or image.
• Free Maintenance does not include new page, it will attract additional cost.
• Free Maintenance is valid for first year only.
• From second year onwards, the cost of renewal is also included with the cost of renewal of Domain, Web Hosting Plan. However, if the Domain and Web Hosting is not renewed with us, the cost of Annual Maintenance, would cost between 20% to 30% of total website designing cost. However, it may be considered free for another year depending on the business we receive from respective client.
• Free Maintenance (Free Change) is not applicable for Dynamic Website, E-Commerce Website, Video, Graphics Designing Work or any other service.