Terms and Conditions

This Terms and Conditions Agreement, together with the Acceptable use policy, all applicable quotes, price lists and software license agreements represents the complete agreement and understanding between Encodebyte Technology (“we”, “us”, “our” or “Company”) and you("you" or "your"), and supersedes any other written or oral agreement about your availed services. By using our services or software, or both, you agree to be bound by and to comply with this agreement just as if you had signed it. Violation of any provision of this agreement is grounds for, but not limited to, the immediate termination of your account. We may modify these Terms and Conditions, and/or modify prices, as well as discontinue or change services offered upon notice published online via Encodebyte Technology .

We may provide the Client with one or more services, included but not limited to, following: Website Design & Development and affiliated products/services, Mobile Application Development, Game Development, and/ or Maintenance and Support Services. Unless explicitly stated otherwise, any new feature that augments or enhances the services shall be considered to be part of the services. We reserve the right to modify, suspend or discontinue the services (or any part thereof), based on non-cooperation, non-payment, or unwanted delay from the client, at any time, without notice. Client expressly agrees that, or any related third party, shall not hold us or our suppliers liable for any losses, damages or consequences whatsoever from such modification, suspension or discontinuation of the services.

The Client retains the IP of the site. Unless design copyright is signed over to the Client, We retain the copyright of any design or coding that is created by Us, excluding elements formed directly from the Client’s logo or branding imagery or facets of their corporate identity. The Client is allowed to use the design elements created for the site and/or any other graphical online internet-displayed purposes. Styles and designs created in the production of the website design may not be used in other material for the Client’s advertising unless permission is given by the company. An extra design fee will be due for the multiple uses of design features. The Client agrees that they do not have rights to the code used for the website development. The Client does not have any ownership of the code used in the site, they can not copy, modify, lease or sell the code without explicit permission. Sale of the website by the owner transfers the use of the site only but the copyright and ownership of the code used by the site remain with the company and/or partners/contractors.

The Client agrees to remove any reference to the company (including the link) should we deem the site no longer representative of our design style and quality.

We are not responsible or liable for any content appearing on your website. You accept to hold us not responsible against all claims arising out of or based upon your website, no link(s) can appear on the pages of your website or within any context containing content or materials that may be considered as libellous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or in other violation of third party rights.

Our service can aggregate content from third-party providers. We do not take copyright ownership over aggregated third-party content. We are not responsible for third-party content. “Third Party Content” means, collectively, (a) Any text or multimedia content displayed by us from a third party, (b) Any links or other access to other sites and resources on the Internet that may be provided by third parties.

Our Service gives you the ability to discover and access Third Party Content over which we exercise no editorial or programming control. You understand that (a) We don't guarantee the access to, recording of, listening to, or viewing of any particular Third Party Content, (b) Third Party Content will not fall under our responsibility and we are not in control and does not advocate such Third Party Content, (c) Owners of the Third Party Content may change or delete Third Party Content or schedules at any time, and (d) We are not responsible for and has no editorial control over any Third Party Content or the distribution thereof.

YOU AGREE THAT WE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INJURY, LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF YOUR USE OF OR ACCESS TO ANY THIRD-PARTY CONTENT ON OR THROUGH OUR SERVICE, AND YOU ARE SOLELY RESPONSIBLE FOR YOUR RELIANCE UPON ANY THIRD PARTY CONTENT MADE AVAILABLE ON OR THROUGH OUR SERVICE.

1. The customer agrees to provide the company with accurate and complete contact and billing information. The Customer is responsible to contact us of any changes to their account, such as contact, phone number and/or billing information.
2. We will not tolerate payment for our service(s) by fraudulent means. Doing so will result in immediate termination and possible criminal and civil liabilities.
3. We will consider unpaid if payment by acceptable means is not received after 30 days of the date due. Unpaid accounts may be suspended, archived or terminated from our system. We are not responsible for any loss of data on unpaid accounts. Unpaid accounts will continue to accrue late charges until reinstated or properly and formally cancelled. We hold the right to post a service reconnection fee for all unpaid, suspended, or reactivated accounts.
4. You are held responsible to reimburse us for any solicited expenses which were not a part of our proposal including but not limited to the purchase of templates, third-party software, stock photographs, fonts, domain name registration, web hosting or similar expenses.

In using the services, you agree that you will not help or encourage others to:

1. Submit, email, transmit, or otherwise make any content available or initiate that.
2. Is unlawful, libellous, abusive, irresponsible, discriminatory or otherwise objectionable.
3. Includes information for which you do not possess the right to disclose or make available under any law or contractual or fiduciary relationships (including insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements).
4. Transgresses upon patents, trademarks, trade secrets, copyrights, privacy rights, rights of publicity, or any other intellectual or proprietary rights.
5. Includes all unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” and all forms of solicitation.
6. Comes with software viruses, worms, or any other computer code, files or programs that could interrupt, destroy or limit the functionality of our computer software or hardware or telecommunications equipment.
7. Duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information found on our website (excluding User Content submitted by you) except as permitted in these Terms, or as expressly authorized by Us.
8. Delete or modify any copyright, trademark, or other proprietary rights notice that appears on the services.
9. Reverse engineer, decompile, disassemble, decipher or attempt to extract the source code for the services or the underlying intellectual property used to provide the services or any part contained within.
10. Access or copy information, content or any data you view on or obtain from us to attempt any competitive service, populate a searchable database of reviews or content available on our website.
11. Collect, access, copy, download, or transfer any information, including, but not limited to, personal information obtained from our website except as permitted in these Terms or as the owner of such information may permit.
12. Record, process or mine information about other users.
13. Enrol manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” “spider,” or index any web pages or any other portion of the services.
14. Try to gain unauthorized access to the services, user accounts, or systems or networks through hacking, password mining or other means.
15. Engage in any activity that in any way interferes with the proper working of or places an unreasonable load on our infrastructure.
16. Threaten, harm, or harass others.
17. Log in using a pseudo that masks your true identity.
18. Ownership and Intellectual Property.

All trademarks, service marks, logos, trade names and any other proprietary designations of the company used are trademarks or registered trademarks of the company and may not be copied, imitated or used, in whole or in part, without written permission given in advance. All other trademarks, registered trademarks, product names and company names or logos listed in the services will be the property of their respective owners.

Termination of the Web Development project by the Client must be solicited in writing and will be in effect on receipt of such notice. E-mail or telephone requests for termination of services will not be accepted until and unless it is authenticated via writing. The Client will be invoiced for design work completed to the date of first notice of cancellation for payment in full within a stipulated number of days.

These Terms and Conditions listed herein override any other written oral agreement about your use of our services. By using any of the services offered the customer is expected to comply with this policy in its entirety. Violations will lead to cancellation of your services or such other action at the company’s complete discretion.

The Client holds the copyright to data, files and graphic logos provided by the Client, and grants us the rights to publish and use such material. The Client must expressly receive permission and rights to use all information or files that are copyrighted by a third party. The Client is also responsible for imparting the company permission and rights for use of the above and accepts to indemnify and hold us harmless from all claims resulting from the Client's negligence or inability to obtain proper copyright permissions. An agreement for website design and/or placement shall be regarded as a token by the Client to us that all such permissions and authorities have been obtained. Evidence of permissions and authorities can be requested at any time.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE PROVIDE THE SERVICES AND ALL INFORMATION CONTAINED THEREIN ON AN "AS IS" AND "AS AVAILABLE" BASIS WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK.

VISUAL OBJECTS MAKES NO CLAIMS CONCERNING ANY THIRD PARTY, SUCH AS THE COMPANIES REVIEW OF THE SERVICES. WE DO NOT ENDORSE ANY COMPANY, VENDOR, SERVICE, OR PRODUCT DEPICTED IN THE SERVICES AND DOES NOT ADVISE USERS TO SELECT ANY PARTICULAR COMPANY BASED ON ITS REVIEWS OR RATINGS. REVIEWS ON THE SERVICES CONSIST OF THE OPINIONS OF THE REVIEWERS AND SHOULD NOT BE CONSTRUED AS STATEMENTS OF FACT. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS OF THE QUALITY, ACCURACY, OR RELIABILITY OR THE USER CONTENT. YOUR PURCHASE OR USE OF, AND THE QUALITY AND PERFORMANCE OF, ANY PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES REVIEWED ON THE SERVICES IS AT YOUR DISCRETION AND RISK.

WE DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, CONCERNING THE SERVICES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON‐INFRINGEMENT. THE SERVICES MAY INCLUDE INACCURACIES OR ERRORS. WE DO NOT GUARANTEE THE ACCURACY OF AND DISCLAIMS ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES IN THE SERVICES OR THE INFORMATION IN OR DESCRIPTION OF THE SERVICES (INCLUDING, WITHOUT LIMITATION, COMPANY PROFILES, PORTFOLIO IMAGES AND DESCRIPTIONS, REVIEWS, DIRECTORY AND RESEARCH DATA, ETC.). WE MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE SERVICES OR ANY INFORMATION CONTAINED THEREIN FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY INFORMATION ABOUT A PRODUCT OR SERVICE OR COMPANY OTHER THAN US DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY US.

IF YOU ARE DISSATISFIED OR HARMED BY US OR ANYTHING RELATED TO THE COMPANY, YOU MAY CLOSE YOUR ACCOUNT, STOP USING THE SERVICES, AND TERMINATE THESE TERMS AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY.

WE DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. WE DISCLAIM ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, WE DISCLAIM ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE SERVICES DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD‐PARTY FOR PERSONAL INJURY, PROPERTY DAMAGE, ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER OR DEVICE FAILURE OR MALFUNCTION, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF VISUAL OBJECTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICES IS AT YOUR DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATING TO THESE TERMS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE SERVICES GIVING RISE TO SUCH CLAIM IN THE CALENDAR YEAR IN WHICH SUCH CLAIM AROSE. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

You agree to indemnify, defend, and hold us harmless from and against any third‐party claims, liabilities, demands, settlements, damages, losses, and expenses of any kind (including, but not limited to, reasonable attorneys' fees and costs) arising out or relating in any way to (1) your failure to comply with these Terms, including, without limitation, your submission of User Content or (2) your use of the services or any activity in which you engage on or through our website.

You and the Company agree that all claims arising out of or related to these Terms must be resolved exclusively and shall be governed by the Indian Law.