TERMS & CONDITION
The following Terms and Conditions may be updated from time to time without notice. This website, www.optweby.com (the “Site”), from time to time, offer and promote services other than this Site, which services may be governed by different Terms and Conditions.
Access to the Site and Services
By accessing, browsing, and using the Site and its services (“Services”), you (“you” or the “User”) accept, without limitation or qualification, these TERMS AND CONDITIONS. If you do not wish to be bound by these TERMS AND CONDITIONS, you should not access the Site and its Services. By using the Services or the Site, you represent and warrant that you are 13 (thirteen) years of age or older and that you accept and agree to abide by all of the terms and conditions of this Agreement. The Site may, without notice to the User, add additional features or change or eliminate features or Services, change nomenclature, and make other changes at any time, which will be subject to these TERMS AND CONDITIONS.
Terms of Service Usage
Our current rates for Email, Newsletters & Landing page template design and coding are available at order page.
Additional charges may apply depending on the project complexity. We reserve the right to amend our pricing for any changes or additions to the project subsequent to our commencement of the project. Expedited delivery service is available for extra charge.
Time mentioned on the order pages is an estimated time. Once an order information received, We analyze and send you the confirmation email about estimated delivery time. OptWeby try to deliver the jobs on or before the committed delivery time, however due to any reason like requirement clarity or long response rate from the client etc, the delivery may take a little longer. The time provided for design service is usually a timeline for design draft submission; after an approval of design it takes 24 to 48 hours for email and 2 to 3 days for landing page to provide HTML files.
Default acceptance criteria are applicable to all projects and all project stages. A delivery is considered accepted if:
the client approves a delivery in the order thread or
the client does not send any feedback/change request within seven (7) days of the delivery
Fixes / Updates and Post-Delivery Support
We provide free fixes (if under scope) upto three (3) iterations or until the project is accepted according to the “ACCEPTANCE” paragraph.
All further updates are charged at twenty five (25) USD per hour.
The cost of our services are dependent on turnaround time, length of the code (Cost increases for PSD files with more than 1400 PX), integration, etc. The cost of our services might change as time passes solely based on our will.
A full refund will be considered based on the following reasons:
- the client’s order cannot be completed;
- the client’s request to cancel the order is received before the development is started;
- the client is not reasonably and legitimately satisfied with the quality of the code or service and provides a comprehensive proof / explanation of the matter;
- If the order is completed according to the specifications of the client, some minor errors should be deemed acceptable and cannot be a reason for full or partial refund. In case if something is missed while submitting the project from client’s end; due to which if delivery is delayed or project is delayed; OptWeby shall not entitle for a refund.
Payments will be charged on a prepay basis on the day that the order is created. Refunds are provided under certain circumstances, as set forth in paragraph “REFUND POLICY” of this Terms of Service Agreement.
Whenever post-payment is available, by confirming the order, the client agrees to pay the agreed-upon amount for the services.
Content and Terms and Conditions
We reserve the right to refuse to work on any project, without the need for providing justification therefore. We will not provide services for any project or potential client for content which is offensive, illegal or which contains illicit or infringing material.
The Client is fully responsible for the provision, exploitation, maintenance and use of all content, provided by him, including, but not limited to, issues related to:
correspondence of the Client’s content to provisions of laws about copyright protection of all applicable jurisdictions;
any claims, related to the content;
immediate reaction for notices to the Client (or affiliated persons) by any person, claiming that the Client’s content is infringing the rights of such person.
The Client shall indemnify and hold OptWeby its affiliates, subsidiaries and related companies harmless from any losses, claims, obligations or other liabilities related to or arising out of the foregoing.
We normally provide the delivery Files separately using Dropbox. In case client demands to get these files by any other means like uploading somewhere else or in any ESP, it’s totally the client’s responsibility to secure the same.
While providing any access to ESP, please ensure that the ESP access provided is of Test Account i.e. it should not contain any link or information related to the subscribers list. If any list is linked with this account, OptWeby takes no liability for loss of data or brand value for that campaign belonging to whosoever brand.
Offensive Conduct Policy
We wish for all of our Users to have a pleasant experience while visiting our Site. Accordingly, the use of hateful, offensive, profane, racist, sexist, vulgar, or otherwise inappropriate conduct or language on the Site is not permitted and will not be tolerated. Additionally, we will not perform services for any User whose content includes, promotes or distributes material reasonably considered to be illegal as well as content which promotes terrorism, hate crimes, or other objectionable material. OptWeby does not permit the posting or publication of material that contains pornography, abuse, dangerous or illegal activities, terrorism, hate crimes, or any other objectionable or illegal material. OptWeby reserves the right to refuse service to anyone posting or publishing such materials without notice or further justification. OptWeby reserves the right to reject, remove, or otherwise exclude any such language from use on its Site. Moreover, OptWeby reserves the right to prevent any User who is in violation of this policy from making future postings on the Site.
Disclaimer of Warranty
The user agrees that, except as otherwise might be explicitly provide herein, access to the site, and use of the services is at the user’s own risk. Neither OptWeby nor its officers, directors, employees, affiliates, or agents warrant that the services may be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of the services or as to the accuracy, reliability, suitability, or content of the services. All other services are provided on an “as is,” “as available” basis without representations or warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose or audience, and non-infringement. In no event will OptWeby or its directors, officers, employees, affiliates, or agents be liable to the user or any third party for any incidental, indirect, special, or consequential damages (even if OptWeby has been advised of the possibility of such damages), arising out of the user’s use of or inability to access the site, or to use any other services, including, without limitation, loss of revenue or anticipated profits, loss of goodwill, lost business, lost data, computer failure or malfunction, or any and all other damages or losses that result from mistakes, omissions, interruptions, deletions of files, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not limited to acts of god, communications failure, theft, destruction, or unauthorized access to OptWeby’s records, programs, or services. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states OptWeby’s liability is limited to the greatest extent permitted by law, not to exceed the amount paid for the services.
Nothing in these terms and conditions shall affect the statutory rights of any user or exclude or restrict any liability for death or personal injury arising from the negligence or fraud on the part of OptWeby.
The User agrees to indemnify and hold OptWeby and its affiliates, officers, agents, partners, and employees, harmless from any claims or demands, including reasonable attorneys’ fees, made by any third party due to or arising out of information submitted by, posted to, emailed, or otherwise transmitted by the User through the Services, your use of the Services, your connection to the Services, or your breach of the TERMS AND CONDITIONS.
All inquiries into alleged trademark or copyright infringement on the Site or its Services should be directed to OptWeby, 2, keshav krishna, inquilab soc, Gulbai Tekra, -380015, Ahmedabad, Gujarat, India.
Local Laws; Export Control
OptWeby controls and operates the Site from its headquarters in India. If the User uses the Site and its Services from other locations, the User is responsible for compliance with applicable local laws, including, but not limited to, export and import regulations of other countries.
By accessing the Site, the User agrees to the above stated TERMS AND CONDITIONS. This Agreement is entered into in India and shall be construed in accordance with the Indian laws, exclusive of its choice of law rules. Each party to this TERMS AND CONDITIONS submits to the exclusive jurisdiction of the state and federal courts having jurisdiction in India, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce these TERMS AND CONDITIONS, the prevailing party will be entitled to costs and attorneys’ fees. In the event that any provisions of these TERMS AND CONDITIONS are held to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these TERMS AND CONDITIONS shall otherwise remain in full force and effect. These TERMS AND CONDITIONS and any posted guidelines or rules applicable to the Site and Services subject to this Agreement constitutes the entire understanding between the parties pertaining to the subject matter hereof, and any prior written or oral agreements between the parties are expressly canceled. Please report any violations of the TERMS AND CONDITIONS through our contact form. You should only share the access to system if asked for. OptWeby do not misuse any private information however, restrict from sharing information about your customers with our reps. If you reveal any such information, we would not be liable for the consequences.
How to contact us In case of any questions?
You can email us on [email protected]