1. Definitions
In these Terms, "Client", "Customer", "User", "you" or "your" means the individual, company, clinic, hospital, partnership, trust, institution, organisation or other person accessing the Website or purchasing Services.
"Company", "OCTALQ", "OCTALQ Technologies", "we", "us" or "our" means OCTALQ Private Limited.
"Client Materials" means all text, logos, photographs, videos, trademarks, data, claims, product details, professional information, documents, passwords, credentials and other material supplied or approved by the Client.
"Deliverables" means the final output expressly identified in the applicable Order.
"Order" means an accepted proposal, quotation, checkout selection, statement of work, invoice, written confirmation or other document approved by the Company.
"Project" means an engagement accepted by the Company for the provision of Services.
"Project Start Date" means the date determined under section 10 of these Terms.
"Revision Round" means one consolidated written list of reasonable changes submitted at one time concerning an existing Deliverable within the agreed scope.
"Services" means website strategy, UI/UX design, website design and development, responsive implementation, lead collection, WhatsApp integration, bots, hosting, domains, SSL, email, analytics, SEO foundations, website care and any other work expressly accepted by the Company.
"Third-Party Service" means a service supplied or controlled by another entity, including domain registrars, hosting providers, payment gateways, Meta, WhatsApp, Google, analytics providers, email providers, plugins, APIs, fonts, stock media and artificial-intelligence services.
"Business Day" means Monday to Friday, excluding public holidays applicable at the Company's operating location.
2. Acceptance of These Terms
You accept these Terms when you select an acceptance checkbox; accept a quotation or proposal; place an order through the Website; make an advance, part payment or full payment; provide approval through email, WhatsApp or another electronic channel; instruct the Company to begin or continue work; request deployment or publication; access, use, distribute or publish a Deliverable; or otherwise demonstrate acceptance through words or conduct.
You must not place an order or use the Services unless you have read and accepted these Terms, the Privacy Policy, Refund and Cancellation Policy, Cookie Policy and Disclaimer.
When acting on behalf of an organisation, you represent that you possess authority to bind that organisation. The organisation shall remain responsible for all instructions and payments issued through you.
Electronic communications, approvals, invoices, records, transaction logs and acceptance records may be used as evidence of contract formation and performance.
These Terms do not require the Company to accept every enquiry or order.
3. Eligibility and Authority
You must be at least eighteen years old and legally competent to enter into a contract.
You represent that all information supplied by you is accurate and current; your proposed use of the Services is lawful; you have authority to provide the Client Materials; and you are not prohibited from receiving the Services under applicable law.
The Company may request identity, business, GST, address, authority or payment verification before accepting or continuing an Order.
The Company may refuse an engagement that presents a legal, financial, security, technical, ethical or reputational risk.
4. Website Enquiries
Submitting a contact form, requesting a consultation, sending a WhatsApp message or communicating with a Company representative does not, by itself, create a client relationship.
The Company is not obligated to accept an enquiry, issue a proposal or commence a Project.
Any preliminary consultation, recommendation, estimate, demonstration or discussion is informational until incorporated into an accepted Order.
No exclusivity, confidentiality or reservation of production capacity arises from an enquiry unless expressly agreed in writing.
The Company may reject spam, false enquiries, abusive submissions, duplicate requests, fraudulent transactions or enquiries unrelated to its Services.
5. Order Formation
Website descriptions, package illustrations, portfolio concepts and promotional material are invitations to enquire or place an order and do not constitute an irrevocable offer.
An Order is accepted only when the Company receives the required cleared payment and issues confirmation, begins work or otherwise communicates acceptance.
The Company may correct a genuine typographical, technical, calculation or system error before accepting an Order.
Once an Order has been accepted, its agreed price and scope shall not be changed merely because Website pricing later changes.
The Company may require additional information before confirming acceptance.
Payments received for an Order that the Company cannot accept shall be handled in accordance with applicable law and the Refund and Cancellation Policy.
6. Contract Documents and Precedence
These Terms apply together with any signed master services agreement; applicable proposal or statement of work; accepted Order; invoice and payment schedule; service-specific schedule; Privacy Policy; Refund and Cancellation Policy; Cookie Policy; and Disclaimer.
In the event of a direct conflict, the following order shall apply: a document signed by an authorised director of the Company; the accepted proposal, statement of work or Order; the applicable service-specific schedule; these Terms; the Refund and Cancellation Policy; and the remaining Website policies.
A specific provision overrides a general provision only to the extent of the conflict.
Purchase orders, procurement terms, vendor policies or onboarding terms issued by the Client shall not bind the Company unless expressly signed by an authorised director.
Performance of work or acceptance of payment does not constitute acceptance of the Client's separate standard terms.
A salesperson, referral partner, BPO partner, freelancer or other intermediary cannot alter the Company's price, scope, warranty, ownership, refund or liability terms unless the alteration is confirmed in writing by the Company.
7. Service Scope
The Company is required to provide only the Services and Deliverables expressly included in the applicable Order.
Any item not expressly included is excluded, even where the Client assumed that it would usually be provided.
Unless the Order states otherwise, an engagement covers one website, one business or brand, one primary domain, one primary language, and the stated number of pages and integrations.
Additional brands, websites, sub-sites, language versions, locations, product catalogues, portals or applications require separate scope and pricing.
Unless expressly included, Services do not include unlimited pages or Revision Rounds; mobile applications; custom enterprise software; professional photography or videography; legal drafting or legal-compliance certification; accessibility certification; continuous SEO; paid advertising; social-media management; manual data entry beyond the agreed quantity; payment-gateway approval; third-party subscription fees; regulatory licences or approvals; ongoing website maintenance; source-code repositories; editable design-source files; content translation; business-email migration; unlimited storage or traffic; or any feature not stated in the Order.
The Company may determine the appropriate architecture, technology, development process, hosting configuration, libraries and implementation method unless the Order specifies otherwise.
8. Page Count and Content Items
Unless otherwise stated, one "page" means one unique webpage, route or materially distinct layout.
The following may count toward the page limit: home page; about page; contact page; each service page; each industry page; each landing page; each legal-policy page; each location-specific page; blog index or category pages; thank-you pages; and each materially different language version.
Repeated catalogue entries, product records, property listings, team profiles, articles or database records are content items and may be priced separately from the underlying page template.
A page requiring materially different functionality, forms, animations, calculations, data or integrations may be treated as additional custom work even where it appears under an existing URL.
Unused page capacity has no cash value and cannot be exchanged for unrelated features, integrations or post-launch support.
9. Pricing, GST and Taxes
The applicable price is the price shown in the accepted Order or checkout confirmation.
Website prices may be stated exclusive of GST, with GST added at the applicable legal rate.
Where the Website displays both a base price and a GST-inclusive checkout total, the GST-inclusive checkout total is payable.
The Client shall bear GST and other applicable taxes; bank or international remittance charges; payment-gateway charges where disclosed; currency-conversion charges; third-party subscription charges; and legally required duties or levies.
If the applicable tax rate changes before invoicing or supply, the Client shall pay the legally applicable amount.
The Client must supply the correct legal name, GSTIN and billing address before invoice issuance.
The Company is not obligated to retrospectively amend an invoice because the Client supplied incorrect or incomplete billing information.
Where the Client lawfully deducts tax at source, the Client must deposit it and provide the relevant certificate within the statutory period. Until valid evidence is supplied, the deducted amount may be treated as outstanding.
10. Payment Terms and Project Start Date
Unless an accepted proposal expressly provides an instalment arrangement, Website package Fees are payable fully in advance.
The Project Start Date is the date on which the required payment has cleared; the scope has been confirmed; the Client has completed onboarding; the Company has received the required content, assets and credentials; the Client has nominated an authorised contact person; and any required third-party accounts are available.
Payment alone does not begin the delivery period where required materials or approvals remain outstanding.
The Company may allocate staff and reserve production capacity after payment.
An advance payment represents onboarding, planning, reservation of resources and commencement of the engagement. It is not merely a refundable security deposit.
The Client's payment obligations are not conditional on receiving finance; receiving payment from another person; obtaining internal management approval; obtaining a payment-gateway account; achieving leads, rankings or sales; or actually using the Deliverable.
The Client may not withhold or set off payment because of an unrelated claim.
Where instalments are authorised, overdue amounts may attract interest at 1.5% per month or the maximum lower rate permitted by law.
A wrongful payment reversal or payment dispute contrary to an accepted Order constitutes a material breach. A payment reversal does not extinguish a legitimate contractual debt.
11. Delivery Timelines
Any reference on the Website to "20 days delivery" means an estimated target of twenty Business Days from the Project Start Date, unless an accepted Order expressly states a different calculation.
Delivery periods are estimates and not guaranteed deadlines unless a document signed by an authorised director expressly identifies a guaranteed date.
Delivery depends on timely and complete Client Materials; timely approvals and feedback; clear and non-conflicting instructions; payment of all amounts when due; availability of Third-Party Services; no material change in scope; and no event beyond the Company's reasonable control.
Client delay automatically extends the delivery period by at least the period of delay.
A Client delay may require the Project to be rescheduled according to current production capacity, meaning work may not recommence immediately after the Client responds.
A delay caused by the Client, payment provider, hosting provider, domain registrar, gateway, API, WhatsApp, Google or another third party is not a breach by the Company.
The Company is not liable for advertising delays, missed campaigns, event delays, lost opportunities or other consequences arising from an estimated completion date.
Urgent or priority delivery is subject to written acceptance, availability and additional Fees.
12. Client Responsibilities
The Client must provide correct company and contact information; final service and product information; brand assets and logos; photographs and videos; professional credentials and legal details; authorised access credentials; required policies and disclaimers; timely approvals; and any other information reasonably required.
The Client is solely responsible for the accuracy of Client Materials; possessing rights and permissions for all materials; substantiating business, medical, professional and marketing claims; checking names, numbers, addresses, prices and qualifications; reviewing the website before launch; obtaining required licences and approvals; keeping independent copies of important materials; and compliance with laws applicable to the Client's own business.
The Company may rely on instructions from any person reasonably appearing to be authorised by the Client.
The Client must nominate one primary decision-maker. Conflicting instructions may cause suspension until authority is clarified.
The Client must consolidate internal feedback before submitting it.
The Client shall not provide passwords, patient records, financial credentials, government identification documents or other highly sensitive information unless a suitable secure workflow has been expressly agreed.
13. Communications and Approvals
Email, WhatsApp, client-portal messages and other agreed electronic communications may be treated as valid instructions and approvals.
The Company may retain correspondence, screenshots, timestamps, call notes and transaction records.
The Client should review each submitted stage within five Business Days unless another period is specified.
Feedback must be specific, consolidated and submitted in writing.
If the Client does not provide a specific written rejection within the review period, the Company may treat the stage as approved for scheduling and production purposes.
Approval also occurs when the Client instructs the Company to proceed; requests deployment; publishes or publicly shares the Deliverable; begins using it commercially; or supplies later-stage instructions based on the submitted work.
After approval, reversing an earlier decision may be treated as additional work.
14. Revision Rounds
A Revision Round is one consolidated set of reasonable changes to existing work within the agreed scope.
A Revision Round does not include a new visual direction; a complete redesign; a new page or feature; major content restructuring; replacement of previously approved content; changes caused by incomplete initial instructions; experimentation with multiple alternatives; changes to third-party systems; or reversal of an earlier approval.
Revision requests must be submitted in writing and within the applicable review or support period.
Fragmented messages sent at different times may be grouped and treated as separate Revision Rounds where they require repeated production work.
Unused Revision Rounds have no monetary value, cannot be transferred, cannot be exchanged for other Services and expire at the end of the applicable month, year, Project or support period.
Annual or monthly Revision Rounds do not accumulate or carry forward.
Additional revisions are chargeable at the Company's then-current rates.
The Company may reject requested changes that are unlawful, misleading, technically unsafe, outside scope or likely to damage security, performance or accessibility.
15. Change Requests and Additional Work
Any request outside the accepted scope is a Change Request.
For a Change Request, the Company may issue a separate quotation; charge a fixed Fee; charge on a time-and-material basis; revise the Project timeline; require advance payment; or decline the request.
The Company is not required to begin additional work before the additional Fees are accepted and paid.
A Change Request may require changes to previously approved work, architecture, hosting, licences or maintenance arrangements.
Occasional assistance supplied without an immediate invoice does not waive the Company's right to charge for continuing or similar additional work.
16. Client Delay, Inactivity and Abandonment
The Company may pause work when the Client fails to supply content, access, decisions, feedback, approvals or payment.
After seven calendar days of inactivity, the Company may release the reserved production schedule.
After fifteen calendar days, the Project may be marked inactive.
After thirty calendar days, the Project may be archived.
After sixty calendar days, the Project may be treated as abandoned and administratively closed.
Reactivation is subject to current production availability, revised timelines, updated technical requirements and a reasonable reactivation Fee.
Where inactivity is caused by the Client, payments already made remain subject to the Refund and Cancellation Policy; completed and committed work remains payable; the original team and schedule need not be reserved; and recommencement may require a new quotation.
The Company may delete abandoned working files after ninety days, subject to applicable legal-retention obligations.
17. Client Materials
The Client retains ownership of its original Client Materials.
The Client grants the Company and its authorised personnel a worldwide, royalty-free licence to store, copy, edit, resize, format, transmit and use Client Materials as reasonably necessary to provide the Services.
The Client warrants that it owns or is authorised to use the Client Materials; use by the Company will not infringe another person's rights; claims and representations are accurate and supportable; required consents have been obtained; and the materials comply with applicable law.
The Company may refuse to publish material it reasonably considers unlawful, defamatory, misleading, discriminatory, infringing, unsafe or reputationally harmful.
The Company is not liable for consequences arising from Client Materials even where it formats, edits or publishes those materials.
Assistance with wording or formatting does not transfer responsibility for the final statement from the Client to the Company.
18. Regulated and Professional Clients
Clients in healthcare, medicine, pharmaceuticals, finance, insurance, law, education, real estate, food, cosmetics, investments or other regulated sectors remain responsible for sector-specific compliance.
The Client is responsible for professional registrations and licences; advertising restrictions; mandatory disclaimers; substantiation of results or professional claims; customer or patient confidentiality; telemarketing and messaging permissions; statutory disclosures; and consumer-facing policies.
The Company provides technology and design Services. It does not certify the legality of the Client's business, claims, advertisements or professional services.
Templates or example policies supplied by the Company do not constitute legal, tax, medical, regulatory or financial advice.
The Client should obtain independent professional review where legally appropriate.
19. Content, SEO Texts and Articles
Included SEO texts and articles are limited to the quantities stated in the Order.
Topics, length, tone, language, research requirements and revision allowances shall be determined by the Order or Company's standard production process.
Included content does not mean continuous SEO management; unlimited keyword research; legal or medical verification; plagiarism certification by every third-party database; guaranteed indexing; or guaranteed search ranking.
The Client must verify all factual, professional, scientific, legal, pricing and promotional claims before publication.
Content changes requested after approval or outside the included Revision Rounds are chargeable.
The Company may use responsible AI-assisted tools for research, outlining, drafting, proofreading, coding and production support.
20. Artificial Intelligence and Smart Bots
The Company may use artificial-intelligence-assisted systems, automation, code assistants, templates and reusable tools while delivering Services.
AI-assisted output may require human review, contain inaccuracies, be non-exclusive, resemble independently produced material and be affected by changing third-party terms.
The Client must review AI-assisted content before publication.
A smart bot or automated website assistant responds using configured information and rules; may not understand every question, language, accent or context; may occasionally produce incomplete or incorrect answers; is not a human representative; and must not be relied upon for medical, legal, financial or emergency decisions.
The Client is responsible for supplying accurate bot knowledge, supervising responses, providing human escalation, maintaining lawful disclosures and ensuring the bot does not make unauthorised professional claims.
Unless expressly stated, a smart bot does not include unlimited AI usage, paid API credits, WhatsApp Business API access, voice calling or third-party subscription Fees.
Changes in an AI provider's availability, price, policy or functionality may require additional work or replacement Services.
21. WhatsApp Integration
A WhatsApp bot may mean a click-to-chat button, guided form, predefined enquiry flow or another limited integration described in the Order.
It does not automatically include official WhatsApp Business API approval; Meta verification; unlimited automated messages; paid messaging credits; CRM integration; bulk messaging; or continuous bot training.
The Client must maintain a valid WhatsApp account and comply with Meta's rules and applicable messaging laws.
The Company does not guarantee WhatsApp approval, account availability, uninterrupted operation or continued availability of any WhatsApp feature.
The Client is responsible for obtaining lawful consent before sending marketing or promotional messages.
22. Domain Registration
An included or free domain means that the initial registration cost of one eligible standard domain is included within the package price.
Unless the Order expressly states otherwise, the included initial domain term is one year.
Premium, auctioned, reserved, aftermarket or unusually priced domain names are excluded.
Domain registration is subject to availability and registrar approval.
The Client is responsible for ensuring that the selected domain does not infringe a trademark, business name or third-party right.
Domain renewal after the included term is chargeable at the then-current rate.
The Client must pay renewal charges before expiry. A renewal reminder is a courtesy and failure to receive it does not remove the Client's renewal responsibility.
Domain expiry may result in interruption, redemption Fees or permanent loss. The Company is not liable where expiry results from the Client's non-payment or failure to respond.
Transfer of a Company-managed domain is subject to full payment of all amounts, completion of verification requirements, registrar rules and any agreed administration or migration Fee.
23. Hosting and SSL
Included hosting begins when hosting resources are activated or allocated, not necessarily when the public website launches.
Included hosting follows the purchased term. Access plans include one year of hosting, Secure plans include two years of hosting and Signature plans include three years of hosting, unless an accepted Order states otherwise.
Included hosting is subject to reasonable limits concerning storage, bandwidth, email use, databases, CPU and memory usage, lawful content and provider acceptable-use policies.
The Company may suspend or require an upgraded plan where usage materially exceeds the intended package capacity.
An included SSL certificate means a standard automated certificate supported by the selected hosting environment.
Premium organisation-validated, extended-validation or specialised certificates are excluded unless expressly purchased.
The Company does not guarantee absolute uptime, uninterrupted access or complete immunity from cyber incidents.
Hosting renewal after the included period is chargeable at the rate applicable at renewal.
Unused hosting periods are non-transferable and have no cash value.
Migration to another host, restoration after expiry or recovery from unauthorised modification may be separately chargeable.
24. Custom Email Accounts
Custom emails means the stated number of domain-based email mailboxes or forwarding arrangements supported by the selected provider.
Unless expressly stated, custom email does not mean a Google Workspace or Microsoft 365 licence.
Mailboxes are subject to storage, sending, security and acceptable-use limits.
The Company does not guarantee inbox placement; absence of spam classification; uninterrupted delivery; acceptance by every receiving server; or recovery of deleted messages.
Existing mailbox migration, historical-email import and device configuration are excluded unless stated in the Order.
The Client must use secure passwords and maintain suitable access control.
Email availability may depend on active domain and hosting renewals.
25. Payment-Gateway Integration
Payment integration means technical integration with one supported payment gateway unless the Order states otherwise.
It does not include merchant-account approval; KYC approval; settlement guarantees; waiver of gateway Fees; prevention of fraud; chargeback management; tax accounting; or regulatory licensing.
The payment provider independently controls KYC, activation, settlement, reserves, refunds, disputes, security policies and account suspension.
The Client is responsible for its own transactions, customers, refunds, taxes, invoices and payment disputes.
Additional gateway integrations, subscription billing, split settlements, international payments, recurring payments or custom checkout systems require separate scope.
26. Video, Footer and Platform Integrations
Video integration means embedding or displaying a Client-supplied video or supported external video link. It does not include video production, editing or commercial media licensing.
Footer integration generally means displaying icons or links to Client-supplied social-media or platform profiles.
Footer integration does not include social-media management; live data feeds; account verification; API development; automated posting; or login or authentication integration.
References to four or more platforms mean the placement of supported profile links, not unlimited third-party integrations.
Integrations remain subject to third-party availability, policies and technical restrictions.
27. Lead Collection
Lead-collection functionality may include forms, email notifications, a database, a dashboard or another system expressly identified in the Order.
Direct leads collection in one place does not automatically include a full CRM; sales automation; call recording; WhatsApp API messaging; unlimited users; external lead enrichment; or indefinite data storage.
The Client determines the purpose for which leads are collected and is responsible for lawful privacy notices, consent, access controls, retention and follow-up communications.
The Company may suspend a lead system being used for spam, unlawful surveillance, unauthorised marketing or illegal collection.
Sensitive personal data should not be collected through a normal enquiry flow unless a suitable secure system and separate written requirements have been agreed.
28. Google Analytics and Search Console
Included Google Analytics or Search Console integration means reasonable initial configuration using a supported Client or Company-managed account.
Google independently controls verification, data processing, reports, retention, policies and availability.
The Company does not guarantee immediate data availability; complete attribution; uninterrupted tracking; search indexing; search ranking; or acceptance of structured data.
Tracking may be affected by consent choices, ad blockers, browser restrictions, device settings and third-party changes.
Advanced reporting, tag management, advertising conversion tracking and continuous optimisation require separate scope unless expressly included.
29. SEO, Performance and Compatibility
The Company may provide a technical SEO and performance foundation.
The Company does not guarantee first-page ranking; any keyword position; indexing within a particular period; website traffic; enquiries, conversions or sales; a particular Lighthouse or PageSpeed score; or return on investment.
Search engines independently control their algorithms, rankings and policies.
Good page speed or best page speed means performance-conscious implementation appropriate to the scope. It is not a guarantee of a fixed score under every test condition.
Performance varies according to hosting, network speed, device, location, browser, media size, third-party scripts and later modifications.
Compatible with all device types means responsive design intended for current mainstream mobile, tablet, laptop and desktop screen sizes.
Compatibility with obsolete browsers, unsupported devices, modified browsers, specialist equipment or future technologies is not guaranteed unless expressly tested and included.
30. Third-Party Services
Third-Party Services are governed by the relevant provider's own terms, policies and technical limitations.
The Company is not responsible for third-party outages; provider price increases; policy changes; account rejection or suspension; discontinued functionality; API restrictions; third-party data loss; provider security incidents; or changes requiring redevelopment.
The Client authorises the Company to access, create or configure necessary third-party accounts where reasonably required.
The Client is responsible for continuing third-party subscription and usage charges unless expressly included.
Replacement, migration or redevelopment caused by a third-party change is chargeable unless covered by an active maintenance plan.
A recommendation made by the Company is not a guarantee of the third party's future performance.
31. Client E-Commerce Transactions
Where the Company builds a website through which the Client sells goods or services, the Client - not the Company - is the seller or professional service provider.
The Client is responsible for product and service descriptions; pricing and GST; inventory; fulfilment; customer contracts; refunds and cancellations; warranties; shipping and delivery; customer support; consumer complaints; and regulatory compliance.
The Company is not a party to transactions between the Client and its customers.
Technical payment integration does not make the Company a merchant, payment intermediary or guarantor of settlement.
The Client must maintain suitable privacy, refund, shipping, cancellation, disclaimer and consumer policies on its own website.
32. Data Protection and Privacy
The Company's Privacy Policy forms part of these Terms.
For information collected through the Company's Website, the Company shall process information according to its Privacy Policy and applicable law.
Where the Company processes leads or personal information for a Client, the Client determines the lawful business purpose, is responsible for notices and permissions, must not issue unlawful processing instructions, and may be required to enter into a separate data-processing agreement for regulated or high-risk processing.
The Client must not instruct the Company to secretly collect, sell, scrape or use personal information unlawfully.
No internet-connected system can be guaranteed completely secure.
The Company may retain contracts, invoices, approvals, communications and Project records for accounting, legal, security and dispute-resolution purposes.
The Client must promptly report a suspected data or credential incident affecting Company-managed Services.
33. Delivery, Testing and Acceptance
Delivery may take place through a staging link, email, deployment to a server, publication on a domain, a client portal or another electronic method selected by the Company.
The Client must test the Deliverable and report specific material non-conformities within five Business Days.
A report must identify the affected page or feature; written scope requirement; steps required to reproduce the issue; and suitable supporting evidence.
A Deliverable is treated as accepted upon the earliest of express approval; instruction to publish; public deployment; commercial use; public sharing; or expiry of five Business Days without specific notice of material non-conformity.
A preference change, an excluded feature or a new management opinion is not a defect.
The Company must be given a reasonable opportunity to investigate and correct a valid covered defect.
34. Limited Technical Correction Period
Unless the Order states otherwise, reproducible technical defects caused solely by the Company must be reported within seven Business Days after launch.
For a covered defect, the Company may correct the defect, provide a workaround or reperform the materially affected portion.
The correction obligation does not cover issues caused by Client or third-party modification; incorrect Client Materials; expired licences; domain or hosting expiry; browser or platform updates; plugin or API changes; malware or compromised credentials; unsupported configurations; or requirements outside scope.
Work requested after the correction period is chargeable unless covered by an active maintenance plan or included Revision Round.
35. Maintenance and Support
Included hosting does not automatically include continuing maintenance.
Post-launch maintenance is supplied only to the extent expressly included in the Order.
Unless included, the Company has no continuing obligation to update content; update plugins or software; monitor uptime; repair third-party modifications; remove malware; renew licences; maintain backups; or modify the website after acceptance.
Revision allowances are not equivalent to unlimited technical support.
Support response periods are targets unless expressly stated as guaranteed service levels.
The Company may refuse support concerning unsupported, unlawful, compromised or unpaid systems.
Emergency, weekend or out-of-hours support may attract additional Fees.
36. Backups and Security
The Company may maintain operational backups according to its normal procedures, but the Client must not treat the Company as the sole repository of important information.
The Client should retain independent copies of all business-critical content, databases and credentials.
The Company does not guarantee that every deleted, corrupted or compromised file can be restored.
The Client is responsible for strong passwords, multi-factor authentication where available, limiting access, removing former-user access, device security and reporting suspected compromise.
Security remediation caused by Client conduct, unsupported software, unauthorised modifications or compromised Client credentials is chargeable.
The Company may suspend access where it reasonably suspects a security threat.
37. Intellectual Property
The Client owns its original Client Materials.
The Company retains ownership of its pre-existing and reusable intellectual property, including methods and processes; frameworks and libraries; reusable code; components and modules; design systems; templates; prompts and workflows; testing tools; internal documentation; development repositories; and general know-how.
Payment for a website does not automatically purchase the Company's underlying tools, reusable code, repository, internal documentation or production methods.
Until all applicable Fees are paid, Deliverables remain the Company's property and may be used only for internal review.
After full payment, the Client receives a perpetual, non-exclusive licence to use the final approved Deliverable for its own business, unless the Order expressly provides a different assignment.
Where an assignment is expressly promised, it applies only to identified final custom elements, takes effect only after full payment, excludes Company Background IP and excludes third-party material.
Raw design files, rejected concepts, internal prompts, source repositories and editable production files are excluded unless expressly purchased.
The Client may appoint another provider after full payment, but the Company is not responsible for that provider's modifications.
38. Open-Source and Licensed Material
Deliverables may include open-source libraries, commercial plugins, stock media, fonts, icons, APIs and other licensed material.
Such material remains subject to its original licence.
The Client receives no greater rights than the Company is authorised to provide.
Ongoing licence and renewal Fees are the Client's responsibility unless expressly included.
Stock and AI-assisted materials may be non-exclusive.
The Company does not guarantee that a third party will maintain the same licence, pricing or availability indefinitely.
39. Portfolio and Attribution
Unless a confidentiality restriction is accepted in writing before Project commencement, the Company may, after public launch, identify the Client as a customer; display the Client's public name and logo; display screenshots, video and links; describe the general Project scope; and include the work in portfolios, proposals, case studies, social media and award submissions.
The Company shall not intentionally disclose non-public confidential information in portfolio material.
The Company may include a discreet "Designed by OCTALQ Technologies" or similar attribution and link in the website footer unless the Order states otherwise.
Removal of attribution may require written agreement or an attribution-removal Fee.
Client feedback may be published as a testimonial only where the Company reasonably believes it has approval to use it.
Concept projects, demonstrations and design explorations shall not be represented as verified client engagements.
40. Cancellation by the Client
A cancellation request must be submitted in writing by an authorised Client representative.
Cancellation becomes effective when acknowledged by the Company.
To the extent permitted by law, onboarding, discovery and resource-reservation costs are earned when undertaken; completed and partially completed work remains payable; third-party and non-cancellable expenses remain payable; amounts attributable to reserved production resources may be deducted; and the Company may withhold incomplete working files and internal materials.
The amount retained or payable may be calculated according to work completed; time spent; resources reserved; approved stages; third-party expenses; and reasonable demobilisation costs.
Cancellation does not create a right to receive rejected concepts, incomplete code, source files or internal documentation.
Mandatory legal rights, where applicable, are not excluded.
41. Refunds
Refunds are governed by these Terms, the accepted Order and the Refund and Cancellation Policy.
Except where expressly agreed or required by mandatory law, Fees are non-refundable after the Company has accepted the Order, reserved resources or begun work.
Non-refundable amounts may include onboarding and consultation Fees; strategy and design work; development work; domain registration; hosting activation; SSL, email and licence costs; payment-provider charges; third-party expenses; and completed or committed work.
No refund is payable merely because the Client changes its mind; changes its business plan; management or staff change; the Client fails to provide content or approvals; the Client does not use the Deliverable; the Client expected an excluded feature; a third party rejects an account or application; rankings, traffic, enquiries or sales do not meet expectations; or the Client later dislikes work it previously approved.
Where the Company voluntarily approves a refund, it may deduct work completed, taxes, transaction charges, third-party expenses and committed costs.
An approved refund shall be processed through a method selected by the Company within the period required by applicable law and the relevant payment provider.
Approval of a refund does not constitute an admission of liability.
42. Suspension
The Company may suspend work, hosting, deployment, access or support where payment is overdue; the Client breaches these Terms; the Client fails to cooperate; unlawful or infringing material is supplied; a security threat exists; a legal or regulatory direction is received; a Third-Party Service requires suspension; or continued performance may expose the Company to material liability.
Suspension does not cancel outstanding Fees; pause an included hosting or subscription period; require the Company to reserve the original production schedule; or automatically create a refund entitlement.
Reactivation may require payment of outstanding amounts, a reactivation Fee and completion of a security or compliance review.
43. Termination by the Company
The Company may terminate immediately where the Client fails to pay an amount when due; materially breaches these Terms; repeatedly fails to cooperate; supplies unlawful or infringing material; abuses or threatens Company personnel; creates a significant security or reputational risk; misuses the Services; makes a wrongful payment reversal; or requests unlawful conduct.
Where termination results from Client breach, amounts already paid remain subject to the Refund and Cancellation Policy; accrued amounts become immediately payable; committed third-party costs remain payable; the licence to unpaid Deliverables terminates; and the Company may remove or suspend Company-managed Services.
The Company may terminate for genuine operational or commercial reasons by giving reasonable notice.
If the Company terminates for convenience without Client breach, it shall refund any clearly identifiable prepaid amount for unperformed Services after deducting work completed, taxes, committed expenses and non-cancellable third-party costs.
No additional compensation is payable for termination for convenience.
44. Website Use and Prohibited Conduct
The Company grants Users limited, revocable, non-exclusive permission to access the Website for lawful informational and purchasing purposes.
Users must not access protected systems without authority; introduce malware or harmful code; interfere with security or availability; scrape or systematically extract Website content; reproduce Company designs or content without permission; reverse engineer proprietary functionality; submit spam or fraudulent enquiries; impersonate another person; use Company material to train a competing system without permission; remove proprietary notices; or use the Website or Services for unlawful activity.
The Company may block access, preserve evidence and report suspected unlawful activity.
45. Confidentiality
Each party shall use reasonable care to protect the other party's non-public confidential information.
Confidential information does not include information that is publicly available without breach; was already lawfully known; is lawfully received from another source; is independently developed; or must be disclosed under law.
The Company may share necessary information with employees, contractors, technology providers, professional advisers, payment providers and authorities.
The Client must not disclose the Company's source code, internal workflows, unpublished pricing methods, security information, credentials or proprietary documentation.
Confidentiality obligations survive termination.
46. Warranties and Disclaimers
The Company shall provide Services with commercially reasonable skill and care appropriate to the accepted scope.
Except for an express written warranty, the Website, Services and Deliverables are provided on an as available and as agreed basis.
To the maximum extent permitted by law, the Company does not warrant uninterrupted availability; error-free operation; compatibility with every device; achievement of commercial results; continued availability of third-party features; exact search ranking or performance scores; or satisfaction of undisclosed expectations.
Demonstrations, samples, portfolio concepts and case studies are illustrative and do not guarantee identical features or results.
Website articles and general information are not professional legal, medical, tax, financial or regulatory advice.
47. Client Indemnity
To the maximum extent permitted by law, the Client shall indemnify and hold harmless the Company, its directors, employees, contractors and authorised partners from third-party claims, losses, penalties, liabilities, damages, costs and reasonable legal expenses arising from Client Materials; intellectual-property infringement involving Client Materials; inaccurate or misleading Client claims; the Client's goods, services or professional activity; regulatory non-compliance by the Client; the Client's customers or users; unlawful marketing or messaging; unauthorised modification of Deliverables; compromised Client-controlled credentials; the Client's breach of these Terms; or instructions supplied by the Client.
This indemnity does not apply to the extent a final binding decision determines that the claim was directly caused by the Company's fraud or wilful misconduct.
The Company may control the defence of an indemnified claim, and the Client shall provide reasonable cooperation.
The indemnity survives completion, suspension and termination.
48. Limitation of Liability
To the maximum extent permitted by law, the Company shall not be liable for indirect or consequential loss; loss of profit or revenue; loss of opportunity; loss of goodwill; loss or corruption of data; business interruption; lost leads or sales; search-ranking changes; third-party outages; payment-provider action; or regulatory consequences caused by Client Materials.
For a Client acquiring Services for business or commercial purposes, the Company's aggregate liability concerning an affected Order shall not exceed the Fees actually paid to the Company for the materially affected portion of that Order.
Where the claim concerns a specific milestone, liability shall not exceed the amount paid for that milestone.
The Company is not liable to the extent loss was caused or increased by the Client, Client personnel, Client Materials, a third-party modification, expired licences, unpaid renewals, compromised Client credentials or unsupported technology.
Nothing excludes liability that cannot legally be excluded.
Mandatory consumer rights remain unaffected.
49. Force Majeure
The Company is not liable for delay or failure caused by circumstances outside its reasonable control, including natural disasters; fire, flood or epidemic; war, terrorism or civil disturbance; government action; court or regulatory orders; power, internet or telecommunications failure; cyberattacks; hosting or cloud outages; supplier failure; labour disruption; or Third-Party Service interruption.
Deadlines shall be extended for the affected period and a reasonable recovery period.
Payment obligations already due are not excused by force majeure.
If performance remains materially prevented for more than thirty days, the Company may suspend or terminate the affected Services.
50. Personnel and Subcontractors
The Company may use employees, contractors, designers, developers, writers, consultants, hosting providers and other specialists.
The Company may replace assigned personnel and determine team allocation.
The Client may not directly manage Company personnel outside the agreed communication process.
Referral partners and BPO partners are not employees or agents authorised to vary Company terms unless the Company confirms otherwise in writing.
The Client's contract is with the legal entity identified on the official invoice, regardless of who introduced the Client.
51. Commercial Communications
The Client authorises the Company to send Service-related communications through email, telephone, SMS, WhatsApp and other supplied contact channels.
Service communications may include quotations, invoices, payment reminders, approval requests, security notifications, renewal reminders and support communications.
The Client must maintain accurate contact details.
Marketing communications shall be handled according to applicable law and available opt-out mechanisms.
Opting out of promotional communications does not prevent essential contractual, billing, security or administrative communication.
52. Grievance Redressal
A genuine grievance may be submitted using the details below.
The grievance should contain the complainant's name and contact information; the applicable Order or invoice number; a clear description of the issue; supporting evidence; and the requested resolution.
The Company may request identity or authority verification before disclosing information.
Consumer grievances shall be acknowledged within forty-eight hours and addressed within one month from receipt, subject to the information and cooperation required to investigate the matter.
Submission of a grievance does not automatically suspend payment obligations or create a refund entitlement.
Grievance Officer: [INSERT FULL NAME]
Designation: Grievance Officer
Company: OCTALQ Private Limited
Email: support@octalqtechnologies.in
Telephone: +91 99885 52147
Address: [INSERT COMPLETE OFFICIAL GRIEVANCE ADDRESS]
53. Dispute Resolution
Before formal proceedings, the parties shall attempt in good faith to resolve the dispute through written communication between authorised representatives.
A dispute notice should identify the Order, relevant facts, amount claimed and requested resolution.
For a Client acquiring the Services wholly or mainly for business or commercial purposes, an unresolved dispute shall be referred to arbitration under the Arbitration and Conciliation Act, 1996.
The arbitration shall be conducted by one mutually appointed arbitrator, have its legal seat at Navi Mumbai, Maharashtra, India, be conducted in English and permit virtual hearings.
If the parties cannot mutually appoint the arbitrator, appointment shall be made through the applicable statutory procedure.
Nothing prevents the Company from seeking interim relief, protection of intellectual property, preservation of evidence or recovery of an undisputed debt from a competent court.
Nothing removes a non-waivable remedy available to a consumer under applicable law.
54. Governing Law and Jurisdiction
These Terms are governed by the laws of India.
Subject to the arbitration provision, mandatory consumer law and the court otherwise having lawful jurisdiction, the competent courts at Navi Mumbai, Maharashtra shall have jurisdiction.
A jurisdiction clause does not prevent a consumer from approaching a forum whose jurisdiction cannot lawfully be excluded.
55. Changes to These Terms
The Company may update these Terms prospectively to reflect changes in law, technology, security, Services or business practices.
The revised version shall display an updated effective date.
Changes apply to future Website use, purchases and renewals.
An existing paid Order generally remains governed by the version accepted when the Order was formed, except where applicable law requires a change, a security requirement requires a change, a Third-Party Service requires a change or the parties agree otherwise.
Material price changes apply to future purchases, renewals and additional work.
56. General Provisions
The parties are independent contractors. Nothing creates a partnership, employment relationship, fiduciary relationship or joint venture.
The Client may not assign an Order without the Company's written consent.
The Company may assign an Order to an affiliate, successor or entity acquiring the relevant business.
The applicable Order and incorporated policies constitute the complete agreement concerning their subject matter.
Oral statements do not modify an Order.
If a provision is invalid or unenforceable, it shall be reduced or interpreted to the minimum extent necessary, and the remaining provisions shall continue.
Failure to enforce a right does not waive that right.
Rights and remedies are cumulative.
Payment, ownership, confidentiality, indemnity, limitation of liability and dispute provisions survive termination.
Headings are for convenience and do not limit interpretation.
"Including" means "including without limitation."
The controlling language is English. Translations are for convenience only.
Schedule 1. Interpretation of Website Packages
This schedule clarifies the package promises currently displayed on the Website. Final scope remains subject to the accepted Order.
General package rules: Every package applies to one website, one business or brand, one primary domain and one primary language unless otherwise stated. "Free" means included within the package price for the stated initial period. It does not mean free indefinitely.
Domain, hosting, SSL, email, bots and integrations remain subject to provider availability and the limitations in these Terms. The twenty-day delivery statement means an estimated twenty Business Days after the Project Start Date.
Unused pages, mailboxes, articles, revisions or hosting time cannot be exchanged for cash or unrelated Services. Website-care, security monitoring and content changes are not included merely because hosting is included.
Current plan terms: Access includes one year of hosting, Secure includes two years of hosting and Signature includes three years of hosting. Renewal pricing applies after the included term unless a later Order states otherwise.
Prime current package: Prime Access is Rs. 15,999 plus applicable GST with a Rs. 18,878.82 GST-inclusive checkout total. Prime Secure is Rs. 29,999 plus applicable GST with a Rs. 35,398.82 GST-inclusive checkout total. Prime Signature is Rs. 40,000 plus applicable GST with a Rs. 47,200.00 GST-inclusive checkout total.
Prime includes, subject to the Order: up to ten pages; premium responsive UI/UX; performance-conscious animations; one eligible standard domain for the initial registration term; standard SSL; plan-based included hosting for one, two or three years; up to two supported custom email mailboxes; three blog articles included per year; one basic WhatsApp enquiry or guided flow; an advanced smart bot; dedicated WhatsApp support team; dedicated WhatsApp group; priority email support; good page speed; and one free Revision Round per year.
Prime does not include, unless separately stated: a central lead dashboard or CRM; payment-gateway integration; website video integration; SEO texts beyond the included article allocation; Google Search Console setup; Google Analytics setup; or advanced third-party platform integrations.
Exclusive current package: Exclusive Access is Rs. 19,999 plus applicable GST with a Rs. 23,598.82 GST-inclusive checkout total. Exclusive Secure is Rs. 37,499 plus applicable GST with a Rs. 44,248.82 GST-inclusive checkout total. Exclusive Signature is Rs. 50,000 plus applicable GST with a Rs. 59,000.00 GST-inclusive checkout total.
Exclusive includes, subject to the Order: up to twenty pages; premium responsive UI/UX and animations; one eligible standard domain for the initial registration term; standard SSL; plan-based included hosting for one, two or three years; up to ten supported custom email mailboxes; five blog articles included per year; an advanced smart bot; agreed central lead collection; supported footer links for at least four Client-supplied profiles; one supported payment-gateway integration; one supported video embed or integration; agreed initial SEO texts; Google Search Console setup; Google Analytics setup; dedicated WhatsApp support team; dedicated WhatsApp group; priority email support; best page speed; and two free Revision Rounds per year.
Exclusive integrations are limited to the reasonable standard configuration described in the Order and do not mean unlimited APIs, gateways, bots or platforms.
Iconic current package: Iconic Access is Rs. 27,999 plus applicable GST with a Rs. 33,038.82 GST-inclusive checkout total. Iconic Secure is Rs. 52,999 plus applicable GST with a Rs. 62,538.82 GST-inclusive checkout total. Iconic Signature is Rs. 70,000 plus applicable GST with a Rs. 82,600.00 GST-inclusive checkout total.
Iconic includes, subject to the Order: up to forty pages; premium responsive UI/UX and animations; one eligible standard domain for the initial registration term; standard SSL; plan-based included hosting for one, two or three years; up to thirty supported custom email mailboxes; seven blog articles included per year; an advanced smart bot; agreed central lead collection; supported footer links for at least four Client-supplied profiles; one supported payment-gateway integration; one supported video embed or integration; agreed initial SEO texts; Google Search Console setup; Google Analytics setup; dedicated WhatsApp support team; dedicated WhatsApp group; priority email support; best page speed; and twelve Revision Rounds during the first twelve months after launch, limited to one Revision Round per month.
An unused monthly Iconic Revision Round expires at the end of that month and does not carry forward. "All integrations" means the integrations specifically listed in the Order. It does not mean unlimited third-party systems, APIs, gateways or custom development.