These Terms and Conditions (“Terms”) govern the subscription-based web development services (“Services”) provided by Opik Web Solutions (also referred to as “Opik India”, “Company,” “we,” “our,” or “us”), a company based in Dehradun, Uttarakhand, India, to clients (“Client,” “you,” or “your”). By registering for and using our Services, you agree to be bound by these Terms.
1. Client Responsibility for Data
It shall be an express and fundamental condition of this Agreement that the Client, at all times and without exception, bears sole, exclusive, and irrevocable responsibility for the veracity, accuracy, completeness, and lawfulness of any and all data, content, materials, or information (including but not limited to text, images, videos, and other digital assets) furnished, transmitted, uploaded, or otherwise provided to the Company in connection with the Services. In the event that any such data or information is false, misleading, incomplete, inaccurate, or otherwise defective, the Client shall be deemed fully and solely liable for any and all consequences, damages, losses, claims, or liabilities arising therefrom, and the Company shall be held harmless and indemnified against the same.
2. Subscription Framework
The Services rendered by the Company are structured, offered, and maintained strictly within the confines of a subscription-based operational model, wherein the temporal duration of the subscription selected by the Client shall constitute the sole determinant of the Client’s entitlement to access, utilize, and benefit from the ancillary facilities, including but not limited to hosting infrastructure, SSL certification, cloud storage allocations, and design template deployments. Upon the natural expiration, termination, or non-renewal of the subscription period, all such entitlements shall, without requirement of further notice or action by the Company, automatically cease, lapse, and be rendered inoperative, and the Client shall have no residual, continuing, or vested right to access, employ, or demand restoration of said facilities unless and until a renewal of the subscription is duly effected in accordance with the prevailing terms.
3. Intellectual Property and Source Code
For the avoidance of doubt, and notwithstanding any contrary expectation, understanding, or assumption on the part of the Client, it is hereby stipulated, declared, and agreed that all proprietary rights, title, and interest in and to the underlying source code, structural frameworks, design templates, and technical architecture of the website or related deliverables shall remain at all times the sole and exclusive property of the Company. The Client shall acquire no ownership, license, or derivative rights therein, whether express or implied, save only for the limited, non-transferable, and revocable right of use during the active subscription term. Upon cessation of the subscription, the Client shall not, under any circumstances, be entitled to receive, demand, or compel delivery of such source code, templates, or proprietary design elements, and the Company shall be under no obligation to disclose, transfer, or otherwise make available the same. The Client’s entitlement shall be confined exclusively to a compiled data export file containing only the Client’s own content (e.g., text, images, videos, and other uploaded materials), without inclusion of any proprietary coding, design, or structural elements.
4. Renewal and Expiry
The Company shall endeavor, as a matter of courtesy and not obligation, to issue a reminder notification to the Client fifteen (15) days prior to the expiration of the subscription term. Notwithstanding such notification, the Client acknowledges and accepts that no grace period, extension, or indulgence shall be granted beyond the subscription end date, owing to the strictures imposed by third-party hosting providers. Failure to renew within the stipulated period shall result in immediate suspension of the website and associated services.
5. Payment and Refunds
A non-refundable pre-booking amount is payable at the time of registration.
Once the website is launched and connected to the Client’s domain, all payments made are strictly non-refundable.
No refunds shall be issued for early termination, partial usage, or Client withdrawal.
6. Confidentiality of Client Data
The Company undertakes not to use, replicate, or repurpose any Client-provided official data for any other website, project, or third-party purpose.
7. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of India, and specifically the applicable laws of the State of Uttarakhand. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the competent courts located in Dehradun, Uttarakhand, India.
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Last updated : June 14, 2024