"Company" refers to Clarus Web.
"Client" refers to the person or organization purchasing services from the Company.
"Project" refers to the work agreed upon between the Company and the Client as outlined in the Project Agreement or Proposal.
"Services" refer to website development, design, hosting, and any other related services offered by the Company.
The Company will provide the Services as described in the Project Agreement or Proposal. Any additional requests or changes outside the original scope may result in additional costs and will require a separate written agreement or amendment to the original contract.
These Terms and Conditions supersede all previous representations, understandings, or agreements. The Client's signature below, payment of an advance fee, or any payment made to Clarus Web for web development services signifies their agreement to and acceptance of these Terms and Conditions.
These Terms and Conditions are governed by Indian law. Any disputes arising from this agreement will be resolved exclusively by the courts of Hyderabad, Telangana, India.
Clarus Web develops websites to be compatible with the latest stable versions of major web browsers, including Google Chrome, Microsoft Edge, Mozilla Firefox, and Safari. We do not guarantee compatibility with future browser versions or outdated browsers released after project completion. Any updates required to maintain compatibility due to browser, operating system, or web technology changes may be quoted separately.
Either party may terminate the contract via email. In the event of termination by the Client, any work completed up to the termination date will be invoiced and must be paid. Except as stated under the Invoicing and Payment section regarding the initial 24-hour cancellation period, all deposits paid by the Client are non-refundable.
We agree not to disclose any of your confidential information to any third party at any time.
The Client is responsible for ensuring that all text, photographs, images, logos, videos, documents, graphics, fonts, trademarks, software, data, and other materials supplied to Clarus Web for use in the Website are accurate, lawful, and properly owned, licensed, or authorized for such use.
Clarus Web shall not be responsible for claims, losses, damages, or disputes arising from the Client's failure to obtain the necessary rights, permissions, licences, or consents for Client-supplied materials.
We strongly recommend that you host your Website on our servers. Hosting with us allows us to manage the hosting environment and provide more direct control over performance, security, backups, and maintenance.
If you insist on hosting the Website on your own server:
Where the Website is hosted on a hosting account, server, VPS, cloud server, or other infrastructure purchased, owned, controlled, or selected by the Client, the Client remains responsible for the hosting environment, server security, access control, backups, software configuration, and ongoing operation of the server unless separate hosting management services have been agreed in writing.
If the Client, the Client's employees, representatives, contractors, hosting provider, IT personnel, or any other third party has access to the hosting account, server, control panel, FTP, SFTP, SSH, database, Website administration, or Website files, Clarus Web cannot be responsible for changes, damage, security incidents, malware, data loss, or other problems resulting from such access.
The Client is responsible for all files, images, documents, media, data, scripts, software, plugins, and other materials uploaded to the Website or hosting server by the Client or any person authorized by the Client.
If the Website or hosting environment becomes infected, compromised, damaged, corrupted, hacked, defaced, or otherwise affected by malware, malicious code, unauthorized access, ransomware, viruses, infected files, compromised credentials, or other security incidents after deployment, Clarus Web shall not be responsible where the incident is caused by the Client, the Client's users, third parties, the hosting provider, server configuration, unauthorized access, insecure credentials, uploaded files, or circumstances outside Clarus Web's reasonable control.
Investigation, malware removal, security analysis, restoration, repair, database recovery, file replacement, server cleanup, or redevelopment required as a result of such an incident may be treated as additional chargeable work.
Where the Website is hosted on Client-owned or third-party infrastructure, the Client is responsible for maintaining reliable and independent backups of the Website files, databases, uploads, content, configuration, and other important data unless backup management has been expressly included as a paid service.
If the Client or any person authorized by the Client modifies, deletes, replaces, uploads, installs, configures, or otherwise changes the Website code, files, database, hosting environment, server configuration, plugins, software, permissions, security settings, or other technical components after deployment, and such activity causes or contributes to an issue, the Warranty shall not apply to that issue.
The Client's failure to acknowledge, admit, or be aware of a modification shall not by itself establish that no modification occurred. Where an issue is reported after deployment, Clarus Web may review available Website files, databases, server configurations, access records, file modification dates, server logs, backups, version history, deployment records, security records, and other reasonably available technical information to determine the likely cause of the issue.
If the available technical evidence reasonably indicates that the issue was caused or contributed to by a modification, upload, deletion, installation, configuration change, security incident, third-party access, hosting environment, or other activity outside Clarus Web's original development work, the issue shall not be treated as a Warranty claim. Any investigation, troubleshooting, repair, restoration, or recovery required in such circumstances may be chargeable.
Clarus Web is not required to obtain an admission from the Client or any third party before determining whether an issue falls within or outside the Warranty based on the available technical evidence.
We shall not be liable for any issues, errors, or damages caused directly or indirectly by:
Once the Website has been successfully deployed to the Client's hosting environment and the required hosting credentials and access have been handed over to the Client, the Client assumes responsibility for the ongoing security, administration, access control, backups, hosting environment, and use of the Website unless Clarus Web is separately engaged in writing to provide ongoing management or maintenance services.
The existence of a Warranty Period does not transfer responsibility for the Client's hosting environment, server security, Client-controlled access, third-party access, uploaded files, backups, or subsequent modifications to Clarus Web.
Where Clarus Web is requested to investigate or resolve an issue caused by the Client's hosting environment, Client or third-party access, malware, hacking, infected files, compromised credentials, server configuration, hosting provider issues, unauthorized modifications, data loss, or other circumstances outside Clarus Web's original development work, such services will be treated as additional work and charged at the applicable rate.
The project fee covers only the website design, development, and deliverables specifically described in the approved Project Agreement or Proposal. Website updates, modifications, maintenance, or other changes requested after completion of the original project are additional services and will be charged separately unless expressly included in writing.
Updates or changes requested after completion of the original project are considered additional services and will be charged separately unless expressly included in writing. This includes, but is not limited to:
Unless specifically included in the Project Agreement, Proposal, Warranty, or an active Maintenance or Support Agreement, completion and delivery of a Website does not include unlimited, ongoing, or lifetime free updates, modifications, maintenance, or technical support.
The fact that a requested change is small, simple, or takes only a short amount of time does not make the work free of charge. Post-completion updates and modifications may be subject to additional charges unless specifically covered by the applicable Warranty or an active Maintenance or Support Agreement.
Website maintenance, ongoing updates, content management, technical support, security maintenance, backups, monitoring, and other recurring services are not included in the original project fee unless expressly stated in writing. Such services may be provided under a separate Maintenance or Support Agreement and may be subject to separate fees.
Access to or use of the Website or hosting environment by the Client or any person authorized by the Client shall not by itself automatically void the entire Warranty. Where such access results in a modification, deletion, replacement, upload, installation, configuration change, security incident, or other activity that causes or contributes to an issue, the Warranty shall not apply to that issue.
The Client's failure to acknowledge, admit, or be aware of a modification shall not by itself establish that no modification occurred. Where an issue is reported after deployment, Clarus Web may review available Website files, databases, server configurations, access records, file modification dates, server logs, backups, version history, deployment records, security records, and other reasonably available technical information to determine the likely cause of the issue.
If the available technical evidence reasonably indicates that the issue was caused or contributed to by a modification, upload, deletion, installation, configuration change, security incident, third-party access, hosting environment, or other activity outside Clarus Web's original development work, the issue shall not be treated as a Warranty claim. Any investigation, troubleshooting, repair, restoration, or recovery required in such circumstances may be chargeable.
Clarus Web is not required to obtain an admission from the Client or any third party before determining whether an issue falls within or outside the Warranty based on the available technical evidence.
We shall not be liable for any issues, errors, or damages caused directly or indirectly by:
If we investigate an issue and determine that the cause is:
We may acquire domain names for the Client. The Client is responsible for all payments and renewals associated with these domain names. Clarus Web is not liable for any loss or cancellation of the domain resulting from late or missed payments. It is advisable for the Client to maintain a record of payment deadlines to ensure timely submissions.
IN ALL CASES, regardless of when the claim arises or how long the Client uses the Website, the total aggregate liability of Clarus Web to the Client shall not exceed the total amount actually paid by the Client for the specific project giving rise to the claim.
IN NO EVENT SHALL CLARUS WEB BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO:
If, after reasonable effort, Clarus Web is unable to correct a valid warranty claim, the Client's sole and exclusive remedy shall be a refund of the fees paid for the specific service giving rise to the claim.
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, CLARUS WEB MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
If the Client desires to modify the Website after installation, Clarus Web may provide a separate quotation for such changes. The Client is under no obligation to accept any quotation offered by Clarus Web. Modifications made by the Client or any third party after installation may affect Warranty coverage where such modifications cause or contribute to an issue. Any investigation, troubleshooting, repair, restoration, or recovery required as a result may be chargeable.
To ensure projects are completed on schedule, the Client agrees to provide all required content, images, logos, login credentials, approvals, feedback, review comments, testing results, and any other information reasonably requested by Clarus Web within the agreed timeframes.
If the Client fails to provide the required information, feedback, approvals, or review responses within the agreed timeframe, Clarus Web may suspend work on the project until the outstanding items are received. Any resulting delays may require the project to be rescheduled based on our current workload and availability.
If the project remains delayed for more than 30 days due to the Client's failure to provide the required information, feedback, approvals, or other requested materials, Clarus Web reserves the right to charge a reasonable project reactivation or rescheduling fee of up to 25% of the remaining project balance to cover additional administrative, scheduling, and project management costs.
If the Client fails to respond or provide the required information, feedback, or approvals for more than 60 days, Clarus Web reserves the right to terminate the project. In such cases, all payments made shall remain non-refundable, and the Client shall be responsible for payment of all work completed up to the date of termination.
The Client commits to providing Clarus Web with all essential support, information, materials, data, and access to staff, as well as timely decisions that may be reasonably required for effective service delivery. This includes designating one individual as the main point of contact to facilitate the smooth and efficient progress of the project.
Ownership of the completed website, source code, graphics, designs, and other deliverables shall transfer to the Client only after all outstanding invoices have been paid in full. Until full payment is received, all work remains the property of Clarus Web.
Any pre-existing code, libraries, frameworks, templates, development tools, utilities, methodologies, know-how, or other materials owned or developed by Clarus Web independently of the Project shall remain the property of Clarus Web. The Client receives the necessary rights to use such materials only as incorporated into the completed Website, subject to the terms of this Agreement.
Clarus Web provides a 30-day warranty from the date of delivery to correct coding errors that are directly attributable to our work. The warranties provided in this agreement shall apply only to errors directly caused by Clarus Web's work and shall not apply to any issues arising from third-party software, hosting, or plugins, any modifications made by the Client or third parties and any issues reported after the warranty period.
Clarus Web does not guarantee search engine rankings, website traffic, sales, enquiries, or any specific business outcomes resulting from the website.
Clarus Web will give the Client a chance to review the website’s design and content during development and after its completion. If the Client does not raise any issues within ten (10) days of receiving the materials or completed website, they will be considered accepted and approved.
Invoices are payable within 30 days of the invoice date unless otherwise agreed in writing.
A deposit of 60% of the total project cost is required before work begins. The initial deposit is refundable only if the Client submits a written cancellation request within 24 hours of making the first payment and before any work has commenced. If work has commenced at any time, including within the initial 24-hour period, the deposit shall become non-refundable.
The remaining balance will be due in installments as agreed in the Project Agreement, typically tied to project milestones. Final payment is due upon project completion and before the website is made live or transferred to the Client.
Late payments may incur interest charges of 2% per month after 30 days from the invoice date.
Except as stated above regarding the initial 24-hour cancellation period, all payments and deposits are non-refundable. In the event of a project cancellation or postponement after work has commenced, all funds paid will be retained by Clarus Web. If applicable, the Client will be required to pay any additional fees for work completed beyond the amount already paid.
Where the Client selects a third-party hosting solution, the Client is responsible, together with the hosting provider, for the hosting environment, server configuration, compatibility, security, backups, and ongoing operation of the server. Clarus Web may provide support in configuring or troubleshooting the server if requested, and such services may be separately chargeable.