1. Company Details
- Business name
- Webapps Software Solutions
- GSTIN
- 19CRLPP7937D1Z7
- Office
- 128, Jodhpur Gardens, Lake Gardens, Kolkata, West Bengal 700045, India
- Phone
- +91 97••••0291
- support@webappssoft.com
- Hours
- Monday–Friday, 11:00 AM–6:00 PM IST
In these Terms, “Webapps,” “WASS,” “we,” “us” and “our” refer to Webapps Software Solutions. “Client,” “you” and “your” refer to a website user, prospective customer or customer, as applicable.
2. Acceptance of These Terms
By using the website, you agree to the provisions that apply to website access and use. A contract for paid services is formed only as described in Section 6. Where applicable, we may ask you to confirm acceptance through a signature, checkbox, email confirmation, purchase order or payment.
If you do not agree to these Terms, do not use the website or submit an order. Nothing here limits any right or remedy that cannot lawfully be excluded.
3. Eligibility and Authority
You must be legally capable of entering into a binding contract. If you act for a company or other entity, you represent that you have authority to bind it. You must provide accurate, current and complete information and promptly correct material errors.
4. Website and Services
We may provide software consulting, custom software, websites, mobile or web applications, UI/UX services, integrations, cloud or deployment assistance, maintenance, technical support, digital services and related professional work. Website descriptions are general information, not a binding promise that a feature, technology, price or timeline will be available for every project.
We may modify or discontinue website content or service offerings, subject to obligations under an existing contract.
5. Enquiries, Calls and Estimates
An enquiry, callback request, discussion, demonstration or preliminary estimate is non-binding unless expressly incorporated into an accepted proposal or contract. Any estimate based on incomplete requirements may change after discovery, technical review or scope clarification.
You are responsible for reviewing assumptions, exclusions, deliverables, dependencies, pricing and timelines before accepting a proposal.
6. Proposals and Contract Formation
Unless a proposal states otherwise, it is an invitation for acceptance and may be withdrawn or revised before acceptance. A binding service contract arises only when we confirm acceptance after receiving the required approval, purchase order, signed document and/or advance payment.
Project documents normally apply in this order of precedence: (1) signed master agreement or specifically negotiated agreement; (2) signed SOW or accepted proposal; (3) NDA or data-processing terms for its subject matter; (4) these Terms; and (5) general website descriptions. A later document prevails only where it clearly amends an earlier one.
Pricing and availability in a proposal are valid only for the stated validity period. If none is stated, they may be revised before contract formation.
7. Project Scope and Change Requests
Deliverables are limited to the written scope. Features, integrations, content entry, migration, licences, hosting, training, source files, support and deployment are included only if expressly stated.
A request outside scope is a change request. We may assess its effect on cost, schedule, architecture, testing and dependencies. We are not required to start changed work until both parties approve the revised scope, fee and schedule in writing. Small informal discussions do not automatically expand the scope.
8. Client Responsibilities
You agree to:
- provide timely, accurate requirements, content, access, credentials, decisions and approvals;
- appoint an authorised contact who can consolidate feedback;
- review deliverables and report issues within agreed review periods;
- maintain lawful licences and permissions for materials, data and systems supplied by you;
- back up your data and systems before migrations, deployments or material changes;
- protect credentials and immediately report suspected misuse;
- ensure your intended use complies with law, industry obligations and third-party terms; and
- pay fees and third-party charges when due.
We are not responsible for delay, rework or failure caused by missing, inaccurate, late or conflicting client inputs.
9. Fees, Invoices, Taxes and Late Payment
Fees, milestones, payment schedule and currency will be stated in the proposal or invoice. Unless expressly stated otherwise, quoted fees exclude GST and third-party expenses. Applicable taxes will be added as required.
Invoices are payable by the due date shown. Advance payments reserve resources and authorise work to begin, subject to the cancellation terms. Bank, payment-gateway, foreign-exchange and third-party transaction charges may be borne by the Client where stated.
If payment is overdue, we may issue reminders, pause work or access, withhold delivery, suspend support and revise the schedule after notice, subject to applicable law and the project contract. Undisputed amounts remain payable even if another invoice is disputed. Invoice disputes should be raised promptly with reasonable details.
10. Timelines, Dependencies and Delays
Delivery dates are estimates unless expressly identified as fixed in a signed agreement. Timelines depend on timely payment, approvals, content, access, third-party systems and client decisions. A client or third-party delay may extend milestones and may require resource rescheduling.
We will use reasonable efforts to communicate material delays known to us. We are not liable for delays outside our reasonable control.
11. Review and Acceptance Testing
The Client must test deliverables against the agreed acceptance criteria and report reproducible material non-conformities within the review period stated in the project document. If no period is stated, the parties should agree one in writing before delivery.
We will use reasonable efforts to correct verified in-scope non-conformities. New features, preference changes, content changes, third-party failures and issues outside agreed criteria are not defects and may require a change request.
Production use, written approval or failure to report a material non-conformity within the agreed review period may constitute acceptance, to the extent permitted by law and the applicable contract.
12. Revisions and Feedback
Included revision rounds, if any, are stated in the proposal. Feedback should be consolidated and provided within the requested period. Additional rounds, reversed approvals, fragmented feedback or changes to accepted work may be chargeable and may change the schedule.
13. Intellectual Property and Code Ownership
Pre-existing materials
Each party retains ownership of intellectual property it owned or developed independently before the project. Webapps retains its reusable know-how, tools, libraries, frameworks, templates, utilities, generic code, processes and development methods (“Background Materials”).
Custom deliverables
Ownership or licence rights in custom deliverables will be specified in the applicable project document. Unless that document clearly states otherwise, no intellectual-property ownership transfers before full payment of all related invoices.
Where custom deliverable ownership transfers after full payment, the transfer excludes Background Materials, open-source components, third-party materials and generally reusable elements. To the extent Background Materials are embedded in a paid deliverable, the Client receives a non-exclusive licence necessary to use that deliverable for its intended purpose, unless agreed otherwise.
Portfolio use
We will not publish confidential information. Any right to display the Client’s name, logo or non-confidential work in a portfolio should be based on the project agreement or separate permission.
14. Client Materials, Data and Instructions
You retain rights in materials and data you lawfully provide. You grant us a limited right to host, copy, process, modify and use them solely as reasonably necessary to perform the services.
You represent that your materials, instructions and intended use do not infringe intellectual-property, privacy, confidentiality or other rights and are not unlawful, deceptive, defamatory or harmful. We may refuse instructions that reasonably appear unlawful, unsafe or outside the agreement.
15. Third-Party and Open-Source Components
Projects may depend on hosting platforms, payment gateways, APIs, app stores, plugins, domains, fonts, stock assets, cloud services, AI services or open-source software. Such items remain subject to their owners’ licences, pricing, availability and terms.
Unless expressly included, third-party subscriptions and usage charges are payable by the Client. We do not control third-party changes, outages, approvals, security incidents or discontinuations. Work required because of a third-party change may be separately chargeable.
Open-source components remain governed by their applicable licences; nothing in these Terms overrides those licences.
16. Confidentiality
Each party will use reasonable care to protect the other’s non-public information disclosed for the project and use it only for authorised purposes. Confidential information does not include information that is public without breach, already lawfully known, independently developed or lawfully received without restriction.
Disclosure may be made to personnel, contractors and professional advisers who need access and are subject to appropriate obligations, or where law requires disclosure. A signed NDA controls if it conflicts with this general section.
17. Privacy and Personal Data
Our handling of website visitor and lead information is described in our Privacy Policy. Where we process personal data on a Client’s behalf, the parties may need a separate data-processing agreement describing roles, instructions, safeguards, retention, subprocessors and incident handling.
The Client remains responsible for determining whether its product, content, notices, consents and processing comply with the laws applicable to its business and users unless the project expressly includes professional compliance services.
18. Security, Credentials and Backups
We use reasonable measures appropriate to the agreed services, but no software, network or storage system is completely secure. The Client must use strong access controls, maintain appropriate backups, limit credential sharing and install relevant updates.
We are not responsible for incidents caused by weak or reused passwords, unauthorised client users, unmaintained third-party systems, client-side changes, failure to apply supplied fixes or events outside our reasonable control. Specific security standards apply only if agreed in writing.
19. Acceptable Use of the Website and Services
You must not:
- use the website or deliverables for unlawful, fraudulent, abusive or rights-infringing activity;
- introduce malware, harmful code or destructive data;
- attempt unauthorised access, scanning, scraping, disruption or circumvention of security;
- misrepresent identity or authority;
- copy or exploit website content except as permitted by law or written permission;
- remove proprietary notices; or
- use our systems in a way that unreasonably burdens or harms them.
We may restrict access where reasonably necessary to protect systems, users or legal rights.
20. Warranties and Disclaimers
We will perform contracted services with reasonable care and skill and will address verified in-scope defects as provided in the project agreement.
Except for express written warranties and rights that cannot lawfully be excluded, the website and services are provided on an “as available” basis. We do not guarantee uninterrupted operation, universal device compatibility, a particular commercial result, search ranking, sales volume, regulatory approval or that software will be entirely error-free.
Any business, technical or compliance information on the website is general information and not legal, tax, accounting, cybersecurity-certification or regulated professional advice.
21. Maintenance, Warranty Support and Service Levels
Post-launch maintenance, monitoring, updates, backups and support are included only where stated. Any defect-warranty period, response target or service level must be specified in the project document. A warranty normally excludes new requirements, misuse, unauthorised modification, unsupported environments, third-party changes and failures outside our control.
Support hours are Monday–Friday, 11:00 AM–6:00 PM IST, excluding public holidays, unless a separate support agreement states otherwise.
22. Limitation of Liability
Nothing in these Terms excludes liability that cannot lawfully be excluded or limited. Subject to that rule and the applicable project agreement:
- neither party will be liable for indirect, incidental, special, punitive or consequential loss, or loss of profit, revenue, goodwill, anticipated savings or data, arising indirectly;
- Webapps is not liable for third-party services, client materials, client instructions, unauthorised modifications or use outside the agreed purpose; and
- Webapps’ aggregate liability arising from a particular project will not exceed the fees actually paid to Webapps for the affected services during the six months preceding the event giving rise to the claim, unless the signed project agreement provides a different cap.
23. Indemnity
To the extent permitted by law, the Client will defend, indemnify and hold Webapps harmless from third-party claims, losses and reasonable costs arising from unlawful Client materials, infringement caused by Client-provided content or instructions, misuse of deliverables, or the Client’s material breach of these Terms. This does not apply to the extent a claim results from Webapps’ unauthorised conduct, negligence or breach.
The indemnified party must provide prompt notice and reasonable cooperation, and the indemnifying party may control the defence, provided it does not settle by admitting fault or imposing non-monetary obligations on the indemnified party without consent.
24. Cancellation, Advance Payments and Refunds
Cancellation and refund rights stated in an accepted proposal or contract take priority. If the applicable proposal expressly offers a 15-day no-questions-asked refund of the advance, that offer applies only according to its stated conditions and period.
Unless a project document expressly grants a broader right, the following principles apply:
- a cancellation request must be made in writing;
- fees for discovery, consultation, completed milestones, delivered licences, purchased third-party items and work already performed are non-refundable to the extent permitted by law;
- approved third-party or out-of-pocket costs are recoverable;
- any eligible refund will be adjusted for work performed and non-recoverable commitments;
- refunds, where approved, will generally be returned through the original payment method within a reasonable processing period; and
- mandatory consumer rights, where applicable, remain unaffected.
No general “15-day full refund” is created by these Terms unless it was expressly included in the accepted commercial offer.
25. Suspension and Termination
Either party may terminate as allowed by the project agreement. Where no specific rule exists, either party may terminate for a material breach that remains uncured after reasonable written notice. We may suspend services sooner where reasonably necessary for overdue payment, unlawful use, security risk or serious breach.
On termination, the Client must pay for work completed, approved commitments and applicable third-party charges up to the termination date. Each party must return or securely dispose of confidential material as required, subject to legal retention and backups. Provisions intended to survive—including payment, intellectual property, confidentiality, liability, indemnity and dispute terms—will survive.
26. Force Majeure
Neither party is liable for delay or failure caused by events beyond reasonable control, such as natural disaster, epidemic, war, civil disturbance, government action, widespread network or utility failure, labour disruption, cyberattack not caused by failure to take reasonable safeguards, or failure of critical third-party infrastructure. The affected party should notify the other and use reasonable efforts to reduce the effect.
27. Electronic Communications and Notices
You consent to ordinary project communications by email, telephone, messaging applications or project-management tools at the contact details supplied. Electronic records and approvals may be used to the extent permitted by law.
Formal notices concerning breach, termination or legal claims should be sent by email with clear subject wording and, where reasonably necessary, by trackable delivery to the stated office or other notified address. Marketing communications are governed by applicable consent and opt-out choices.
28. Governing Law and Dispute Resolution
These Terms are governed by the laws of India. The parties should first attempt in good faith to resolve a dispute through written notice and discussion between authorised representatives.
Unless a signed project agreement contains an arbitration or different jurisdiction clause, and subject to mandatory statutory forums and rights, courts of competent jurisdiction in Kolkata, West Bengal will have jurisdiction.
29. General Provisions
- Entire agreement: The applicable contract documents constitute the agreement for their subject matter and replace prior inconsistent discussions.
- Assignment: Neither party may assign a project contract without the other’s consent, except as part of a genuine merger, restructuring or transfer of substantially all relevant business, subject to law and continued obligations.
- Subcontractors: We may use appropriately qualified personnel or subcontractors while remaining responsible for contracted obligations, subject to agreed restrictions.
- No partnership: Nothing creates employment, partnership, agency, franchise or joint venture.
- Waiver: A delay in enforcement is not a waiver. A waiver must be clear and applies only to the stated instance.
- Severability: If a provision is unenforceable, it will be limited or removed to the minimum extent necessary; the remainder continues.
- Headings: Headings aid reading and do not control interpretation.
- Language: The English version controls unless an executed agreement expressly provides otherwise.
- Updates: We may update website Terms prospectively. Material changes do not retroactively alter an existing signed project agreement without lawful agreement.
30. Contact Us
Questions about these Terms may be sent to:
Webapps Software Solutions
128, Jodhpur Gardens, Lake Gardens
Kolkata, West Bengal 700045, India
support@webappssoft.com
+91 97••••0291
Monday–Friday, 11:00 AM–6:00 PM IST