2. Description of Plan and Services: Webarro presently offers three plans for its customers, each attached to a fixed website setup plan. The service portfolio is detailed in the plan itself with the scope and extent of ownership of each of the services. Broadly, Webarro provides website design and development, creation of content, setting up the social media ecosystem, Search Engine Optimization and updates to the websites, as per the subscribed plan. The Add-ons and Value Added Services are an optional service provided to Webarro’s customers.
3. Copyrights, Trademarks and Intellectual Property: All content produced by Webarro within the scope of Services including software, web code, images, videos and text content, graphic design, or any other material developed or licensed by Webarro for their clients as part of the services is copyrighted and remains the exclusive property of Webarro. However, if the Client chooses to cancel this agreement after making the full payment and as per the conditions stated in Termination Section below, all copyrighted content can be used indefinitely by the Client, with the exception of software, web code, website theme and Photoshop editable files. The Website could also have links to an extended digital ecosystem, like the social media, which belongs completely to the Client and it is the Client’s prerogative to manage any such content, which is not part of the website. The Client also undertakes to furnish documentary proof and evidence of any Trademarks, Patents or other such Intellectual Property for Webarro to publish such information. Applying for Trademarks and Patents are not included in Webarro’s Scope of Services.
5. Representation: Webarro’s representation of the Client is limited to the design, development, creation of content and setting up the related Social Media presence. The representation as a Web Technology partner does not extend to any assurances in the form of increased revenues, although the intention is to create a positive preference for the online presence. Webarro will not answer or respond to queries regarding the Client’s business to any Third Party, without the express written permission of the Client.
6. Reference and Links: The Client agrees to permit Webarro to use the Client’s website link in its newsletters, promotions, Case Studies and display the link as part of Webarro’s marketing collateral.
8. Warranty: Webarro strives to provide Services in accordance with Industry standards and the deploy technology prevalent and widely accepted at the particular time of signing up for the Plan. The Services provided by Webarro are consistent with the Industry standards and would continue to meet changing trends in the technology. However, Webarro disclaims and client waives, any warranties, implicit or explicit as to the valuation of the website, fitness for use of a specific purpose, the scalability of particular features, non-infringement or any other warranty regarding the services provided. Webarro will not be responsible for any possible damages that result from mistakes, omissions, interruptions, delays in updation or a failure in the expected level of performance. If there is an unreasonable delay of more than 7 days from the Client in providing the required feedback/information to finish the project, Webarro shall be exempted from meeting any committed timelines.
9. Limitations of Liability: Unless proven conclusively that a major interruption to the Services provided by Webarro was due to Gross negligence or intentional misconduct or failure to communicate, Webarro’s liability to pay damages in order to compensate for the losses occurred to the Client, would be limited to two months of Subscription fees paid by the Client. Webarro will have no liability whatsoever for any punitive, exemplary or special damages or losses or fines arising from the information provided by the Client or a disruptive event caused due to third party interference who may have an underpinning agreement to this Contract. Webarro will also not be held liable for any damages due to hackers, viruses or malicious or accidental destruction of systems or data, although Webarro would strive to prevent exposure to such risks. Webarro would also not be held liable for Users and the general public posting their personal views and opinions on other Websites that could damage the reputation and the business of the Client.
10. Indemnification: Subject to the provisions hereof, the Client shall indemnify, defend and hold harmless from and against all amounts payable under any judgment, arbitration, statutory fees or penalties for Regulatory or Third Party claims brought against Webarro and its licensors, arising from the products and services arising from this agreement. In the same spirit, Webarro shall indemnify, defend and hold harmless from and against all amounts payable under any judgment, arbitration, statutory fees or penalties for Regulatory or Third Party claims brought against the Client arising from Gross misconduct or intentional malpractice of Webarro.
11. Termination: This agreement would remain in effect unless either party formally communicates their desire to terminate this. The termination would take effect 30 days after submission of such a request and all amounts due are paid till the date of termination. If such a notice is not provided, the monthly subscription renewal charges would continue to be billed on the Client. On termination of this agreement, due to non-payment by the Client, the Client shall immediately cease to use all licensed content and marketing collaterals from Webarro.