Terms and Conditions

These Terms and Conditions ("Terms") govern your use of www.spellwebinfotech.com (the "Website") and any services provided by Spell Web InfoTech ("Spell Web InfoTech", "we", "us", "our"). "Client", "you" and "your" mean the person or business that visits the Website, requests a proposal, or engages us for services.

By using the Website, submitting a contact or estimate form, or signing a proposal, statement of work or service agreement, you agree to these Terms. If you do not agree, please do not use the Website or our services.

If you sign a separate written agreement with us, that agreement controls wherever it conflicts with these Terms.

Spell Web InfoTech provides software development and digital marketing services, including:

• Custom web application, SaaS platform and mobile application development
• Website design and development, including WordPress and Shopify builds
• Custom CRM development, CRM integration and API integration
• Business process automation and AI automation workflows
• AI-assisted marketing, including SEO, social media, digital marketing and content marketing

The exact scope, deliverables, timeline and price for each project are set out in a written proposal, estimate or statement of work ("Proposal"). Descriptions of services on the Website are general and are not a commitment to deliver any specific feature or result.

• Free strategy calls and estimates are non-binding. A Proposal becomes binding when you accept it in writing (including by email) and, where we ask for one, pay the initial deposit.
• Unless a Proposal says otherwise, it stays valid for 30 days from the date we send it.
• Timelines are estimates. They depend on timely feedback, content and access from you, as described in Section 4.
• Each project follows the stages in the Proposal, which typically include discovery, planning, design, development and testing, launch, and support.

To deliver on time, we need you to:

• Provide accurate requirements, content, brand assets, credentials and access when we request them.
• Name one person who can give feedback and approvals for your business.
• Review deliverables and respond within the time stated in the Proposal, or within five business days if none is stated.
• Make sure you own or have permission to use everything you give us, including text, images, logos, data and software.
• Follow the laws that apply to your business, including advertising, privacy, email marketing and industry-specific rules (for example, rules for legal, medical and dental advertising).

Delays caused by missing input or late approvals may move delivery dates and may add cost.

• Fees, currency and the payment schedule are stated in the Proposal. Fixed-price projects are usually billed in milestones, with a deposit due before work starts.
• Retainer and subscription services (for example, ongoing marketing, support or hosting) are billed in advance for each period.
• Invoices are due within 7 days of the invoice date unless the Proposal says otherwise.
• Fees exclude applicable taxes, including GST and any withholding or foreign taxes. You are responsible for them unless the law requires us to bear them.
• Third-party costs such as domains, hosting, licenses, plugins, paid advertising budgets, stock media and API usage are not included unless the Proposal says so.
• If an invoice is overdue, we may pause work, withhold delivery or access, and charge interest on the overdue amount at 1.5% per month or the highest rate the law permits, whichever is lower.
• Deposits and payments for work already performed are non-refundable, except where a written agreement or the law says otherwise.

Work outside the agreed scope is a change request. We will describe the effect on price and timeline and start the work only after you approve it in writing. Reasonable revision rounds for approved designs and deliverables are included as stated in the Proposal. Additional rounds are billed at our then-current rates.

Your materials. You keep ownership of the content, data, logos and other materials you provide. You grant us a limited license to use them to perform the services, and, unless you tell us otherwise in writing, to show the finished work in our portfolio and case studies.

Deliverables. When you have paid all fees due for a project in full, ownership of the custom deliverables created specifically for you (such as custom code, designs and written content) transfers to you. Until then, you have a limited license to use them for review and testing.

Our tools. We keep ownership of our pre-existing tools, frameworks, libraries, templates, code components, methods and know-how, including anything we develop independently. Where these are part of a deliverable, you receive a non-exclusive, perpetual license to use them as part of that deliverable.

Third-party and open-source software stays under its own license terms.

Website content. The text, graphics, logos and design of this Website belong to Spell Web InfoTech or its licensors and are protected by copyright and trademark law. You may not copy, reproduce or reuse them without our written permission.

Our work often relies on third-party platforms such as WordPress, Shopify, HubSpot, Salesforce, Zoho, AWS, Azure, payment gateways, email providers, analytics tools and AI model providers. These services have their own terms, pricing and availability. We do not control them and are not responsible for their outages, changes, policy decisions or discontinuation. Where an account must be in your name, you are responsible for maintaining it and paying for it.

Some of our services use artificial intelligence, including AI lead qualification, chatbots, personalized email sequences, content generation and automation workflows. You agree that:

• AI output can be incomplete or wrong. You are responsible for reviewing AI-generated content and automated messages before you rely on them or publish them, unless the Proposal states that we will review them.
• You will not ask us to use AI tools for unlawful, deceptive, discriminatory or harmful purposes.
• Data you provide may be processed by the AI providers we use to deliver the service. We choose providers with reasonable safeguards, and we will not send your confidential data to a provider unless it is needed for the service.
• You are responsible for any disclosure to your own customers that the law or platform rules require about automated communications or AI-generated content.

Search rankings, traffic, leads, conversions, response times and revenue depend on many factors we do not control, including search engine algorithms, competition, your market, your website, your offers and your sales follow-up. Examples, statistics and figures shown on the Website, including dashboards and workflow illustrations, are illustrative. We do not guarantee any specific ranking, traffic level, lead volume, sales result or return on investment unless a signed agreement says so explicitly.

Each party will keep the other's non-public business, technical and financial information confidential, use it only for the project, and not disclose it except to employees, contractors and advisers who need it and are bound by similar duties, or where the law requires. This does not apply to information that is public through no fault of the receiving party, was already known to it, or was independently developed.

We handle personal information as described in our Privacy Policy. If we process personal data of your customers or users on your behalf (for example, in a CRM we build or manage), you are responsible for having a lawful basis to collect and share that data. We will process it only to provide the services and on your instructions, apply reasonable security measures, and tell you without undue delay if we become aware of a breach affecting it. Where the law requires a data processing agreement, we will sign one on request.

• Unless the Proposal says otherwise, we will correct defects in delivered work that fail to match the agreed specifications if you report them within 30 days of launch. This warranty period is free of charge.
• Ongoing support, hosting, security updates, monitoring and enhancements are separate services with their own fees and response times, set out in a support or maintenance plan.
• Support does not cover problems caused by changes made by anyone other than us, third-party software updates, hosting issues outside our control, misuse, or new feature requests.

Our standard working hours are Monday to Friday, 9:30 AM to 6:30 PM India Standard Time, excluding public holidays in India.

You agree not to:

• Use the Website in a way that is unlawful, fraudulent or harmful to others.
• Attempt to gain unauthorized access to the Website, our servers, or other users' data, or introduce malware.
• Scrape, copy or harvest content or data from the Website by automated means without our permission.
• Submit false information or someone else's personal information in our forms without their consent.
• Interfere with or overload the Website or its security features.

The Website may link to third-party sites, including client and partner websites. We do not control them and are not responsible for their content or practices. Information on the Website is for general purposes and may change without notice.

You agree to defend and indemnify Spell Web InfoTech against third-party claims, losses and reasonable legal costs arising from (a) materials or instructions you provide, (b) your breach of these Terms or applicable law, or (c) your use of the deliverables in a way that violates a third party's rights. We will give you prompt notice of any claim and reasonable cooperation in its defense.

• Either party may end a project or ongoing service with 30 days' written notice, unless the Proposal states a fixed term or different notice period.
• Either party may end the agreement immediately by written notice if the other commits a material breach and does not fix it within 10 days of receiving notice.
• We may pause or end services immediately if you fail to pay, or if your use of our services is unlawful or puts us or others at risk.
• On termination, you will pay for work performed and costs committed up to the termination date. We will hand over completed deliverables that have been paid for.
• Sections on intellectual property, confidentiality, fees owed, disclaimers, liability, indemnification and governing law continue after termination.

These Terms are governed by the laws of India. Please contact us first about any dispute so we can try to resolve it in good faith within 30 days.

If we cannot resolve it, the dispute will be referred to arbitration under the Arbitration and Conciliation Act, 1996, before a sole arbitrator appointed by mutual agreement. The seat of arbitration is Greater Noida, Uttar Pradesh, and the proceedings will be in English. Subject to this, the courts at Greater Noida, Uttar Pradesh have exclusive jurisdiction. Either party may seek urgent court relief to protect its intellectual property or confidential information.

• Changes to these Terms. We may update these Terms from time to time. The updated version applies from the date posted on this page. Signed Proposals stay under the Terms in effect when you signed them, unless you agree otherwise.
• Entire agreement. These Terms, the Privacy Policy and any signed Proposal are the entire agreement between us on their subject.
• Severability. If a provision is found unenforceable, the rest stays in effect.
• No waiver. A delay in enforcing a right does not waive it.
• Assignment. You may not assign your rights or obligations without our written consent. We may use subcontractors and may assign these Terms in a merger or sale of our business.
• Independent parties. Nothing here creates a partnership, joint venture, agency or employment relationship.
• Force majeure. Neither party is liable for delay caused by events beyond its reasonable control, such as natural disasters, power or internet failures, strikes, government action or third-party platform outages.
• Notices. Written notices may be sent by email to the addresses in the Proposal or, for us, to the email below.

Questions about these Terms? Reach us at: