Terms of Service
The contractual agreement governing client projects, deliverables, payment terms, intellectual property, and service obligations with AV Web Services.
Service Agreement & Scope of Services
Welcome to AV Web Services. These Terms of Service ('Terms') constitute a legally binding agreement between AV Web Services ('Company', 'We', 'Us', or 'Our') and the individual or business entity ('Client', 'You', or 'Your') commissioning custom web development, SEO optimization, UI/UX design, mobile app development, or digital consulting solutions.
By signing a proposal, issuing a purchase order, or initiating payment for our services, you agree to be bound by these Terms. The specific deliverables, milestones, and technical specifications for each engagement are defined in individual Statements of Work (SOW) or project proposals mutually agreed upon in writing.
1. Scope of Services Provided
- •Custom Web & Full-Stack Development (Next.js, React, Node.js, Headless CMS)
- •Search Engine Optimization (Local SEO, International SEO, Technical Audits)
- •UI/UX Design, Wireframing, Brand Identity, and Prototyping
- •E-Commerce Solutions & API Integrations
- •Website Maintenance, Performance Optimization, and Cloud Hosting Setup
2. Change Orders & Out-of-Scope Requests
Any feature additions, layout modifications, or functional revisions requested by the Client outside the signed SOW will be evaluated as Out-of-Scope. Out-of-scope work requires a formal Change Order detailing revised costs and timeline adjustments prior to execution.
Project Timeline Expectations & Delays
AV Web Services makes every reasonable effort to meet agreed project schedules and milestone delivery dates. Project schedules are established during the initial kickoff phase based on engineering bandwidth and project complexity.
Project Kickoff & Client Dependencies
Project timelines commence only after AV Web Services receives the initial advance payment deposit, signed contract agreement, and all mandatory client assets (brand guidelines, copy, media assets, domain/hosting credentials).
Client-Caused Delays & Project Hold Policy
Delivery schedules depend on prompt Client feedback and asset provisioning. If Client feedback or asset delivery is delayed by more than fourteen (14) calendar days, AV Web Services reserves the right to place the project on temporary hold and re-allocate engineering resources. Project resumption will be subject to current team scheduling availability.
Force Majeure
Neither party shall be held liable for failure to perform contractual duties due to acts of God, major Internet back-bone outages, cloud infrastructure failure, or government actions beyond reasonable control.
Payment Terms & Invoicing
AV Web Services operates under transparent, milestone-based pricing models structured to ensure financial clarity throughout project lifecycle.
Standard Payment Schedule
- •Advance Initial Deposit: 50% upfront payment required to reserve development resources and initiate design/architecture phases.
- •Mid-Point Milestone Payment: 25% due upon client approval of design prototypes and core front-end builds.
- •Final Balance Payment: Remaining 25% due prior to final code deployment, server migration, or repository ownership transfer.
Invoicing & Late Payment Penalties
Invoices are payable within seven (7) business days of issuance. Invoices overdue beyond fourteen (14) days incur a late fee penalty of 1.5% per month (or the maximum allowed under applicable law) on the outstanding balance.
Currency & Statutory Taxes
All rates are quoted in Indian National Rupees (INR) or United States Dollars (USD) as specified in the proposal. All fees are exclusive of applicable statutory taxes (such as GST), which will be itemized on invoices and borne by the Client.
Client Responsibilities & Obligations
To ensure successful and timely project execution, the Client agrees to actively cooperate with AV Web Services throughout the project lifecycle.
- Provide complete, accurate, and high-resolution media, text content, logos, and brand assets required for site construction.
- Designate a single primary point of contact authorized to make decisions, approve design milestones, and sign off on deliverables.
- Respond to project inquiries and review milestone submissions within three (3) business days.
- Warrant that all materials, trademarks, copy, images, and datasets provided to AV Web Services are legally owned by the Client or properly licensed.
- Maintain independent backups of all provided content, credentials, and business data prior to sharing access.
Intellectual Property & Ownership
Clear, unencumbered transfer of intellectual property is fundamental to our relationship with clients.
1. Client Ownership Upon Full Payment
Upon receipt of 100% full payment of all contractual fees, the Client receives full ownership rights to all custom graphics, bespoke page layouts, codebases, and custom functionality developed exclusively for the project.
2. Proprietary Frameworks & Open-Source Code
AV Web Services retains ownership of its pre-existing utility libraries, boilerplate code, developer tooling, and custom scripts incorporated into the project. The Client is granted a non-exclusive, perpetual, royalty-free license to utilize such components as part of their website implementation.
3. Portfolio Rights
Unless explicitly restricted by a signed non-disclosure agreement (NDA), AV Web Services reserves the right to display the completed website, design mockups, and case study results in its marketing portfolio, website, and promotional presentations.
Limitation of Liability & Indemnification
To the maximum extent permitted by law, AV Web Services and its officers, directors, employees, and subcontractors shall not be liable for any indirect, incidental, consequential, special, or punitive damages.
Exclusion of Damages
- •Loss of business revenue, profit, data, goodwill, or operational interruption.
- •Downtime resulting from third-party hosting providers, cloud platform outages, or domain registrar failures.
- •Unauthorized server access or security breaches caused by third-party plugins or client credential compromises.
Monetary Liability Cap
The maximum aggregate financial liability of AV Web Services under any legal theory (contract, tort, negligence, or otherwise) shall not exceed the total fees actually paid by the Client to AV Web Services for the specific project during the three (3) months immediately preceding the claim.
Indemnification
The Client agrees to defend, indemnify, and hold harmless AV Web Services against any claims, liabilities, damages, or legal fees resulting from client-supplied assets violating third-party intellectual property or privacy rights.
Support Policy & Warranty
We stand behind the quality of our code and offer robust support to guarantee seamless post-launch operations.
30-Day Complimentary Post-Launch Warranty
All custom web development projects include a thirty (30) calendar day post-launch warranty starting from the production deployment date. During this period, AV Web Services will rectify any code bugs, formatting errors, or broken links relative to original SOW specifications at zero additional charge.
Ongoing Maintenance Contracts
After the 30-day warranty expires, ongoing server updates, security monitoring, content edits, and new feature development require an active Monthly Maintenance Retainer contract.
Warranty Exclusions
The warranty does not cover issues caused by third-party plugin updates, modifications made to the codebase by client personnel, server environment changes, or security breaches resulting from compromised client passwords.
Governing Law & Jurisdiction
These Terms of Service and any contractual disputes arising out of or related to our services shall be governed by and construed in accordance with the laws of the Republic of India, without regard to its conflict of law principles.
Exclusive Jurisdiction
Both parties irrevocably agree that the courts located in India shall have exclusive jurisdiction to settle any dispute or legal proceedings arising out of these Terms.
Good-Faith Negotiation
Prior to initiating formal legal proceedings, both parties agree to attempt to resolve any dispute through good-faith executive negotiations within thirty (30) days of written notice.
Questions regarding our policies?
Our legal and client support team is committed to complete transparency. Reach out to us directly for any clarifications or requests regarding our legal terms.