Terms of Service

Terms and Conditions

Please read these terms carefully before using our services. By engaging with Wibcad Technology, you agree to be bound by these terms.

Last Updated: February 15, 2025

Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you (whether personally or on behalf of an entity, "you" or "your") and Wibcad Technology ("we," "us," "our"), concerning your access to and use of our website (wibcad.com) and the services we provide.

Wibcad Technology is registered under the Udyam and MSME registration scheme in India and operates from Kulgam, Jammu and Kashmir, India. We provide web development, pitch deck design, digital marketing, analytics, content creation, and related technology services to startups and businesses.

By accessing our website or using our services, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use our website or services.

Services We Provide

Wibcad Technology offers the following professional services:

  • Web and App Development: Building MVPs, web applications, and mobile applications using modern technology stacks
  • Pitch Deck Design: Creating investor-ready presentations for fundraising and business development
  • Digital Marketing: Running performance marketing campaigns on Google, Meta, and other platforms
  • Analytics and SEO: Setting up analytics tracking, conducting SEO audits, and implementing optimization strategies
  • Social Media Management: Managing social media accounts and creating content strategies
  • Content Creation: Writing website copy, blog posts, and marketing materials
  • Consulting Services: Providing strategic advice on product development, go-to-market strategies, and business growth

Specific deliverables, timelines, and pricing for each project are outlined in separate project agreements or proposals provided to clients.

Eligibility

To use our services, you must:

  • Be at least 18 years old or of legal age in your jurisdiction
  • Have the legal authority to enter into binding contracts
  • If representing a business entity, have the authority to bind that entity to these Terms
  • Provide accurate and complete information when contacting us or engaging our services
  • Comply with all applicable laws and regulations in your jurisdiction

Project Engagement and Contracts

When you engage our services, the following process applies:

1. Initial Consultation

You submit a project inquiry through our contact form, email, or phone. We schedule a consultation to understand your requirements.

2. Proposal and Quote

We provide a detailed proposal outlining project scope, deliverables, timeline, and pricing. This proposal is valid for 30 days unless otherwise specified.

3. Agreement and Payment

Once you accept our proposal, we issue a formal agreement or contract. Projects typically require a deposit (usually 50% of the total project cost) before work begins. The remaining balance is due upon completion or according to the payment schedule outlined in your contract.

4. Project Delivery

We deliver the agreed-upon work according to the timeline specified in your contract. You will have opportunities to review and request revisions as outlined in your specific agreement.

Payment Terms

  • Accepted Payment Methods: We accept payments via bank transfer, UPI, credit/debit cards, and secure online payment processors. Specific payment methods will be outlined in your project agreement.
  • Deposits: Most projects require a non-refundable deposit before work begins. This deposit is applied toward the total project cost.
  • Payment Schedule: For larger projects, payments may be divided into milestones. Each milestone payment is due upon completion and approval of that phase.
  • Late Payments: If payment is not received within 15 days of the due date, we reserve the right to pause work until payment is received. Late payments may incur additional fees as specified in your contract.
  • Currency: All prices are quoted in Indian Rupees (INR) or US Dollars (USD) as specified in your agreement.
  • Taxes: All quoted prices are exclusive of applicable taxes (GST in India). Taxes will be added as per prevailing rates.

Refund and Cancellation Policy

Client-Initiated Cancellation

  • If you cancel a project before work begins, your deposit may be refundable minus any administrative costs (typically 10% of the deposit)
  • If you cancel after work has started, you will be charged for work completed up to the cancellation date, and no refund will be issued for completed work
  • Cancellations must be submitted in writing via email

Company-Initiated Cancellation

We reserve the right to refuse or cancel service if we determine that the project scope is beyond our capabilities, if you violate these Terms, or for any other reasonable cause. In such cases, we will refund any payments received for work not yet completed.

Refunds for Completed Work

Once work is delivered and approved by you, no refunds will be issued. We provide revision opportunities as outlined in your project agreement to ensure satisfaction before final delivery.

Intellectual Property Rights

Client Work

Upon full payment, all intellectual property rights for custom work we create specifically for you (such as custom code, designs, or content) are transferred to you. However, we retain the right to use the work in our portfolio, case studies, and marketing materials unless otherwise agreed in writing.

Pre-Existing Materials

We may use pre-existing code libraries, frameworks, design templates, or other materials in the course of our work. We retain all rights to these pre-existing materials. You receive a license to use them as part of the delivered work, but you may not extract, modify, or reuse these components separately.

Third-Party Materials

If we incorporate third-party materials (such as stock photos, fonts, or software libraries) into your project, you are responsible for obtaining any necessary licenses for continued use. We will inform you of any such requirements.

Wibcad Intellectual Property

The Wibcad name, logo, branding, and all content on our website remain our exclusive property. You may not use our branding without written permission.

Client Responsibilities

To ensure successful project delivery, you agree to:

  • Provide timely and accurate information, materials, and feedback required for the project
  • Respond to our requests for information or clarification within reasonable timeframes
  • Ensure you have the necessary rights and permissions for any materials you provide to us
  • Review deliverables promptly and provide clear feedback during revision periods
  • Make payments according to the agreed schedule
  • Inform us immediately of any changes in project requirements or scope
  • Use the delivered work only for lawful purposes and in compliance with all applicable laws

Delays caused by lack of client input or feedback may result in project timeline extensions and potential additional costs.

Warranties and Disclaimers

Our Warranties

We warrant that:

  • We will perform our services in a professional and workmanlike manner
  • The work we deliver will substantially conform to the specifications outlined in your project agreement
  • We have the right to enter into agreements and provide the services offered

Disclaimers

Except as expressly stated in your project agreement:

  • Our services are provided "as is" without warranties of any kind, whether express or implied
  • We do not guarantee specific business results, rankings, traffic, conversions, or financial outcomes from our services
  • We do not warrant that our services will be uninterrupted, error-free, or completely secure
  • Results of digital marketing campaigns depend on many factors outside our control, including market conditions, competition, and platform algorithm changes
  • SEO results take time and cannot be guaranteed due to constant changes in search engine algorithms

Bug Fixes and Support

For web development projects, we provide a bug fix period (typically 30 days after delivery) for issues directly related to our work. This does not include new feature requests, changes in scope, or issues caused by third-party services or your modifications to the delivered work.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • Our total liability for any claims arising from or related to our services shall not exceed the total amount you paid us for the specific service that gave rise to the claim
  • We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, or business opportunities
  • We are not responsible for delays, failures, or damages caused by circumstances beyond our reasonable control, including but not limited to acts of God, government actions, natural disasters, internet outages, or third-party service failures
  • We are not liable for any damages resulting from your use or inability to use our services, even if we have been advised of the possibility of such damages

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you.

Indemnification

You agree to indemnify, defend, and hold harmless Wibcad Technology, its owners, employees, and partners from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from or related to:

  • Your violation of these Terms
  • Your use of our services in violation of any law or regulation
  • Any content, materials, or information you provide to us that infringes on the rights of third parties
  • Your use of the delivered work in a manner not authorized or intended
  • Claims that materials you provided to us violate any third-party intellectual property rights

Confidentiality

We respect the confidential nature of your business information. We agree to:

  • Keep confidential any proprietary or sensitive information you share with us during the course of our engagement
  • Not disclose such information to third parties without your written consent, except as required by law
  • Use confidential information only for the purpose of providing services to you

This confidentiality obligation does not apply to information that: (a) is publicly available through no breach of this agreement, (b) was rightfully in our possession before disclosure, (c) is independently developed by us, or (d) is rightfully obtained from a third party without breach of confidentiality obligations.

For projects requiring additional confidentiality protections, we can execute a separate Non-Disclosure Agreement (NDA).

Termination

By You

You may terminate a project by providing written notice. Termination does not relieve you of your obligation to pay for work completed up to the termination date.

By Us

We may terminate our services immediately if:

  • You fail to make payment when due
  • You violate these Terms or any applicable laws
  • You provide false or misleading information
  • We determine that continuing the engagement would be illegal, unethical, or harmful to our reputation

Effect of Termination

Upon termination, you must pay all outstanding amounts owed. Any provisions of these Terms that by their nature should survive termination (including confidentiality, intellectual property, limitation of liability, and dispute resolution) will remain in effect.

Dispute Resolution

Informal Resolution

If any dispute arises between us, we encourage you to first contact us at hello@wibcad.com to seek an informal resolution. Most disputes can be resolved through good-faith communication.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions.

Jurisdiction

Any legal action or proceeding arising under or relating to these Terms shall be brought exclusively in the courts located in Jammu and Kashmir, India, and you consent to the personal jurisdiction of such courts.

Arbitration

For disputes that cannot be resolved informally, you agree that disputes may be referred to binding arbitration in accordance with the Arbitration and Conciliation Act, 1996 of India. The arbitration shall be conducted in English and shall take place in Jammu and Kashmir, India.

General Provisions

Entire Agreement

These Terms, together with any project-specific agreements, constitute the entire agreement between you and Wibcad Technology regarding the use of our services and supersede all prior agreements and understandings.

Modifications

We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms on our website with a new "Last Updated" date. Your continued use of our services after changes take effect constitutes acceptance of the revised Terms.

Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

Waiver

No waiver of any term or condition of these Terms shall be deemed a continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Assignment

You may not assign or transfer these Terms or any of your rights or obligations hereunder without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

Questions About These Terms?

If you have any questions or concerns about these Terms of Service, please contact us:

Wibcad Technology

Kulgam, Jammu and Kashmir, India

Registered under Udyam (MSME)

Email: info@wibcad.com

Phone: +91 97971 97574