Terms & Conditions

1. Acceptance & Engagement Framework

By engaging Wordsmith Creations for any service—including but not limited to website designing, custom web development, mobile application programming, e-commerce engineering, SEO, graphic design, and server maintenance—or by submitting an inquiry, paying an advance invoice, or approving a project proposal, you explicitly agree to be bound by these Terms and Conditions. These terms supersede any prior oral or informal discussions and apply to all deliverables, revisions, and ongoing services.

2. Scope of Work & Project Specifications

Every development or design project is executed strictly pursuant to the agreed Scope of Work (SOW), formal quotation, or project proposal provided prior to project initiation.

• Scope Boundaries: Any feature, design modification, third-party integration, or functionality requested outside the documented SOW shall be categorized as an "Out-of-Scope Change Request" and will be billed separately with an amended delivery schedule.
• Design Revisions: Standard proposals include up to two (2) complimentary rounds of design feedback and revisions. Substantial architectural overhauls after design milestone approval will require written scope amendments.

3. Client Obligations & Material Furnishing

To ensure timely project execution, the Client agrees to:

1. Furnish all necessary project text, high-resolution logos, brand assets, imagery, product catalogs, and server access credentials in a timely manner.
2. Ensure that all provided content and media do not violate intellectual property, copyright, trademark, or defamation laws. The Client accepts full legal and financial responsibility for any copyright infringements arising from client-provided materials.
3. Provide milestone sign-offs, feedback, and approvals within five (5) business days of deliverable submission. Client-side delays exceeding 15 business days may lead to project schedule freezes and reactivation adjustments.

4. Invoicing, Payments & Milestone Schedules

All projects adhere to transparent, milestone-driven financial terms:

• Advance Mobilization Deposit: A non-refundable mobilization deposit (typically 40% to 50% of the total project contract) is required prior to project kick-off.
• Progress & Final Invoices: Intermediate milestones and final project balance must be paid upon project completion and staging review prior to final live server deployment, source code handover, or domain DNS pointing.
• Tax Compliance: Invoices issued to Indian entities are subject to applicable Goods and Services Tax (GST) as mandated by the Government of India.
• Late Payments: Overdue invoices exceeding 14 calendar days from the due date are subject to temporary suspension of development or staging environment access until the outstanding balance is cleared.

5. Intellectual Property Rights & Code Ownership

We respect intellectual property rights and maintain clear ownership protocols:

• Transfer Upon Full Settlement: Upon 100% receipt of all contracted project payments, full ownership of bespoke custom frontend designs, client-specific database entries, and custom code modules created explicitly for the Client shall transfer entirely to the Client.
• Agency Background IP & Open Source: Wordsmith Creations retains ownership of pre-existing software libraries, proprietary utility classes, developer frameworks, and underlying open-source components (e.g., CodeIgniter, Laravel, WordPress, MIT/GPL libraries) incorporated into the deliverable. The Client receives an irrevocable, non-exclusive, perpetual license to use such components for the operation of their website.
• Portfolio Rights: Unless restricted by an explicit Non-Disclosure Agreement (NDA), Wordsmith Creations reserves the right to showcase the completed visual design, screenshots, and live URL within our portfolio, case studies, and marketing collateral as proof of craftsmanship.

6. Third-Party Services, APIs & Hosting Disclaimers

Digital applications rely on independent third-party ecosystems:

• Third-Party Outages: Wordsmith Creations shall not be held liable for service interruptions, data losses, or downtime caused by external third-party entities, including cloud hosting providers (e.g., AWS, cPanel, DigitalOcean), payment gateways (e.g., Razorpay, Stripe, PayPal), domain registrars, SMS gateway providers, or Google Search algorithm updates.
• API Changes: If third-party APIs (e.g., Google Maps, WhatsApp Business, Meta Graph, Apple App Store) deprecate endpoints, revise pricing, or modify terms of service, any necessary code refactoring will be quoted as separate maintenance.

7. Warranty & Post-Deployment Support

Wordsmith Creations provides a complimentary **30-day bug-fix warranty** post-deployment covering any programming bugs or defects directly attributable to our code. This warranty does not apply if:

• Source code or server files have been modified or edited by the Client or a third-party developer.
• The server environment, PHP version, or database configurations are altered without our consultation.
• Malware or security vulnerabilities are introduced through unvetted third-party plugins or compromised client credentials.

8. Limitation of Liability

To the maximum extent permitted by applicable Indian and international law, Wordsmith Creations, its founders, engineers, and partners shall under no circumstances be liable for any indirect, consequential, punitive, special, or incidental damages, including but not limited to loss of business revenue, lost profits, reputational harm, data corruption, or operational interruptions resulting from the use or inability to use the developed software.

The total aggregate liability of Wordsmith Creations for any claim arising out of or related to this agreement, whether in contract, tort, or otherwise, shall be strictly capped at the total amount actually paid by the Client to Wordsmith Creations for the specific deliverable giving rise to the claim.

9. Termination & Cancellation Policy

Either party may terminate an engagement by providing written notice via email:

• In the event of client-initiated termination prior to completion, the Client agrees to compensate Wordsmith Creations for all actual hours and milestones completed up to the date of notice. Advance mobilization deposits are non-refundable.
• Wordsmith Creations may terminate the engagement immediately if the Client engages in abusive conduct, illegal activities, fails to settle invoices, or breaches material terms.

10. Governing Law & Dispute Resolution

These Terms and Conditions shall be governed by, construed, and enforced in accordance with the substantive laws of India. Any legal dispute, controversy, or claim arising out of or relating to these terms shall first be addressed through good-faith negotiation. If unresolved within 30 days, the dispute shall be subject to the exclusive jurisdiction of the competent courts located in **Delhi or Deoghar (Jharkhand), India**.

11. Inquiries & Legal Notices

For any legal correspondence, contract clarifications, or service agreements, please contact:

Wordsmith Creations — Legal & Contracts Cell

Head Office: Delhi NCR, India

Regional Office: Deoghar, Jharkhand 814112, India

Email: info@wordsmithcreations.in

Phone / WhatsApp: +91-7979049868