Terms of Service

01Agreement to these terms

These Terms of Service govern your use of the Intense Iconic Webs website and any services you engage us to provide. By using this website, requesting a quote, or accepting a proposal from us, you agree to these terms.

Where you have signed a separate written agreement, proposal or statement of work with us, that document takes precedence over these terms to the extent of any conflict.

In these terms, "we" and "us" mean Intense Iconic Webs, and "you" and "client" mean the person or organisation engaging us.

02Our services

We provide custom software development, AI and business process automation, inventory and billing software, mobile application development, website and e-commerce development, design, search optimisation, managed cloud hosting and dedicated servers, and ongoing support and maintenance.

The precise services for any engagement are set out in the written scope we issue and you accept. Anything not stated in that scope is not included.

03Quotes and proposals

• Quotes are free and carry no obligation.
• A quote is valid for 30 days from issue unless it says otherwise.
• A quote becomes binding only when you accept it in writing and we confirm acceptance.
• Quotes are based on the requirements you describe. If those requirements turn out to be materially different, we will tell you before proceeding and reissue the quote.

04Scope and changes

Every project is delivered against a written scope stating what will be built, what is expressly excluded, the timeline and the price.

Requests outside that scope are handled as a change request. We will quote the additional cost and time before doing the work, and will not proceed until you approve it. We will not silently absorb scope creep, and we will not silently bill you for it either.

Timelines assume you provide content, feedback, approvals and access within the periods agreed. Delays on your side move the delivery date by at least the length of the delay.

05Fees and payment

• Fees, currency and the payment schedule are stated in the accepted quote.
• Project work normally requires an advance before commencement, with the balance in milestones. Recurring services are billed in advance for each period.
• Invoices are payable within 15 days of issue unless stated otherwise.
• Overdue amounts may attract interest at [1.5]% per month or the maximum permitted by law, whichever is lower.
• Taxes, duties and payment gateway charges are payable by you in addition to the fees quoted, unless the quote says they are included.
• Third-party costs — domains, licences, plugins, APIs, app store fees — are your responsibility and are billed at cost unless included in the quote.

Late payment and suspension

If an invoice is more than 15 days overdue we may suspend work and, after written notice, suspend hosting or services. We will give you at least 7 days' notice before suspending a live service, and we will not delete your data during a suspension for non-payment without first offering you a reasonable opportunity to export it.

Refunds

Work already performed is not refundable. Prepaid hosting may be refunded pro rata for the unused portion if you cancel, less any third-party costs already incurred on your behalf. Domain registrations are never refundable once registered.

06Your responsibilities

• Provide accurate information, content and materials, and the rights to use them.
• Give timely feedback and approvals at the review points agreed.
• Provide access to systems, accounts and third parties we need in order to deliver.
• Nominate a single decision-maker who can approve work on your behalf.
• Keep your own copies of credentials and maintain the security of your accounts.
• Comply with all laws applicable to your business and the content you publish.

You warrant that any material you supply does not infringe anyone else's rights and is lawful to publish in the places you intend to publish it.

07Intellectual property

What you own

On full payment of all sums due for an engagement, we assign to you the intellectual property in the custom code, designs and content we created specifically for you under that engagement. Source files, design files, content and hosting accounts are handed over on request. We do not hold work hostage and we do not lock clients in.

What we retain

We retain ownership of our pre-existing tools, libraries, frameworks, templates, methodologies and know-how, including anything developed before or independently of your engagement. Where these are embedded in your deliverable, you receive a perpetual, non-exclusive, worldwide licence to use them as part of that deliverable.

Third-party components

Deliverables may include open-source or licensed third-party components. These remain subject to their own licences, which we will identify on request. Where a component requires a paid licence, that licence is your responsibility unless the quote says otherwise.

Portfolio rights

Unless you tell us otherwise in writing, we may describe the work in general terms and display it in our portfolio. We will not publish your name, screenshots or confidential details without your written permission.

08Hosting and acceptable use

Where we provide hosting or servers, the following applies in addition to the rest of these terms.

You must not use our infrastructure to

• host or transmit unlawful content, malware, phishing pages or content that infringes intellectual property rights;
• send unsolicited bulk email or operate open mail relays;
• attack, scan or attempt unauthorised access to any system;
• host content that is defamatory, that sexualises minors, or that incites violence;
• run processes that materially degrade service for other customers on shared resources.

We may suspend a service immediately and without notice where it is actively causing harm, is under attack, or is being used unlawfully. We will tell you as soon as we reasonably can and explain what happened.

Availability

We target 99.9% monthly uptime on our managed servers, excluding scheduled maintenance we have given reasonable notice of, faults in your own application or code, and matters outside our control. Where a specific service level with remedies is agreed, it will be recorded in your service agreement.

Backups

Backups are taken according to the plan you hold and are provided as a courtesy for service recovery. You remain responsible for keeping your own independent copy of anything you cannot afford to lose. We will help you restore from our backups on request and on a reasonable-efforts basis.

09Support and maintenance

Support is provided during our normal working hours by email and through the client area. Response windows, coverage and inclusions depend on the plan or annual maintenance contract you hold and are set out in that agreement.

Work outside a support plan — new features, changes to scope, third-party breakage, migrations you initiate — is quoted separately.

We are not responsible for problems caused by changes made by you or a third party to code, servers or accounts we manage, but we will always help you fix them on a chargeable basis.

10Confidentiality

Each party will keep the other's confidential information confidential, use it only for the purposes of the engagement, and protect it with at least reasonable care. This survives the end of the engagement.

It does not apply to information that is public through no fault of the receiving party, was already lawfully known, is independently developed, or must be disclosed by law — in which case the disclosing party will be told first where it is lawful to do so.

We will sign your own non-disclosure agreement on request, and we put one in place before receiving anything sensitive.

11Warranties and disclaimers

We warrant that we will perform the services with reasonable skill and care, in a professional manner, and in accordance with the agreed scope.

We warrant that deliverables will materially conform to the agreed scope for 30 days after delivery. During that period we will correct defects at no charge. This does not cover changes of requirement, third-party failures, or modifications made by anyone other than us.

Beyond those express warranties, and to the fullest extent permitted by law, services are provided "as is". We do not warrant that any software will be uninterrupted or error-free, that any search ranking, traffic level, conversion rate or commercial result will be achieved, or that any third-party service or app store will approve, accept or continue to support your product.

12Limitation of liability

Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot lawfully be limited.

Subject to that, and to the fullest extent permitted by law:

• neither party is liable for indirect or consequential loss, loss of profit, loss of revenue, loss of anticipated savings, loss of goodwill, or loss of or corruption of data where an independent backup was available;
• our total aggregate liability arising out of or in connection with an engagement is limited to the total fees you paid us for that engagement in the twelve months preceding the event giving rise to the claim;
• for recurring services, that limit is the fees paid for the affected service in the three months preceding the claim.

Each party must bring any claim within 12 months of becoming aware of the circumstances giving rise to it.

13Indemnity

You will indemnify us against claims, losses and reasonable costs arising from content or materials you supplied, from your use of the services in breach of these terms or of any law, or from your infringement of a third party's rights.

We will indemnify you against claims that our original custom deliverables infringe a third party's intellectual property rights, provided you tell us promptly, let us conduct the defence, and do not admit liability without our agreement.

14Term, termination and suspension

• Project engagements end on completion and acceptance of the deliverables.
• Recurring services continue until either party gives 30 days' written notice, expiring at the end of a billing period.
• Either party may terminate immediately if the other commits a material breach and fails to remedy it within 15 days of written notice, or becomes insolvent.
• On termination you must pay for all work performed and costs committed up to that date.

On termination of hosting we will keep your data available for 30 days to allow migration, then delete it. Ask us before that window closes if you need longer.

15Force majeure

Neither party is liable for failure or delay caused by events beyond its reasonable control, including natural disaster, war, civil unrest, epidemic, government action, failure of a public telecommunications network, upstream data centre failure, or large-scale internet disruption. The affected party will tell the other promptly and both will act reasonably to limit the impact.

16Governing law and disputes

These terms are governed by the laws of India, and the courts at Hyderabad, Telangana have exclusive jurisdiction, subject to any mandatory consumer protection rights you have in your own country that cannot be excluded.

Before starting proceedings, both parties agree to attempt in good faith to resolve the dispute by discussion, escalating to the founders of each business, over a period of at least 30 days.

[If you commonly contract with EU, UK or US clients, take advice on whether this clause should be varied — many corporate clients will not accept Indian jurisdiction, and consumer rules may override it.]

17General

• Entire agreement. The accepted quote, any signed agreement and these terms form the whole agreement between us, replacing earlier discussions.
• Severability. If any provision is unenforceable, the rest continues.
• No waiver. Not enforcing a right on one occasion does not waive it.
• Assignment. Neither party may assign the agreement without the other's written consent, except to a successor of substantially the whole business.
• Independent contractors. Nothing creates a partnership, joint venture or employment relationship.
• Notices. Written notices may be sent by email to the addresses on record and are effective on the next working day.
• Changes. We may update these terms; the version in force when your quote was accepted governs that engagement.

18Contact

Questions about these terms should go to contact@intenseiconicwebs.com.