Web Hosting Agreement And Terms Of Service :

Webcoder – Standard policies and terms and conditions. Given policies and terms of services are mandatory for signing up with us and using our hosting services. Kindly make sure that you read the policies carefully and agree to the same before signing up. If you have any query or questions about the same, you may contact us any time. Webcoder  reserves the right to change the use policies and terms anytime. We are serving a huge community of clients and it has been always our first priority to care about the security of each and every client.

Change in Packages and Pricing :

Webcoder   reserves the right to change the price and services of its services and packages at any point of time. The information regarding prices and services available on our site may be changed without any prior information. Increase in price of our services is our sole decision and for all new deals, new price will be applicable. Webcoder  can increase the price anytime and new price will be effective for the new deals but the orders placed before the announcement of the new price will be considered at the old price only.

The information published on our website regarding prices and services may be changed at any point of time, without prior intimation. Also, increase of prices would be a sole decision of Webcoder  . This would be effective for the new deals but the orders placed prior to announcement would be treated on previous slot. Account setup: Your account would be setup after the receipt of your payment is received and confirmed by Webcoder  on completion of screening procedures. It is your liability to give us proper information to verify the same and if you don’t do so, your account creation will be delayed.

Late / Non-Payment :

• In cases of re-activation of cancelled accounts, Rs. 5000 would be charged as administrative fee.
• If your account gets overdue by 7 days all technical support would be rescinded.
• If your account gets overdue by 14 days, your site and other services will be suspended.
• If your account gets overdue by 30 days, your sites and data would be deleted from all our systems.
• In case of credit card charge back and reverse of the transaction, your account will be terminated and all your websites, data, website, emails, details will be immediately deleted.

We will try our best to contact you, by all the possible means, yet it is your (client’s) responsibility to keep up accurate and updated details, like address, contact and billing information etc.

Regular updates of details : We use the contact details that are con-temporarily available with us. In case, you fail to receive our notices due to changed contact address (which you have not updated with our records), we will not be responsible for the same. The responsibility to keep information current totally lies with the clients. We are not responsible for the action taken in consequence to the client’s failure to receive/respond to the notices sent by Webcoder

Spam Policy :

We carry zero forbearance approach towards Unsolicited Commercial Email (UCE) or SPAM, on our network. None of our customers or associates is permitted to use our network for managing Unsolicited Commercial Email. Resellers of the Webcoder   shall not host, or consent hosting of, sites or any information publicized by UCE from other networks as well. Contravention of this policy may result in strict penalty, including immediate annihilation of services.We initiate instantaneous investigation upon the notification of such violation with our spam and UCE policy. For the duration of this investigation we may put a ceiling on client’s access on our network. In case the violation gets confirmed after investigation, we reserve rights to cancel, abort or terminate the respective account, without a prior notice. In addition, we hold right to follow civil course of action, for the cost allied with the investigation. We may notify law enforcement officials if the violation is proved as a criminal offence.The violations of this policy will result in penalties. We would charge Administrative Fee against these violations. The first case of such violation would be charged as Rs. 5000 with termination of Customer’s account. The repetitive case or second violation will be charged as an administrative fee of Rs. 7500 with instantaneous termination of Customer’s account. Spamming is prohibited with us so PLEASE, DO NOT SPAM from your account.Our resellers would be solely accountable for the activities of their clients on network of Webcoder  , hence we suggest our resellers to develop analogous policy for their clients. Webcoder   doesn’t allow mass mailing from its shared servers. We do not entertain any type of deals with such sites. Sending mails in bulk quantities should not be done with your account on SMTP server. We suggest you to take specialized services from the third party or you may go for your own dedicated server.

General :

• Illegal Activities: Broadcasting, storage, or circulation of any information, data, or material in breach of any relevant law or guideline, or that might facilitate the breach of any particular law or regulation is strictly forbidden. We reserve the right to assist with legal authorities or wounded party during investigation of any alleged crime.
• Injury or peril to other members: None of our client is allowed to use our services or products to destruct, or attempt to destruct, in whichever means, as well as not for pornography, or send out any material, by any mode (e-mail, uploading, redistribution or otherwise) that terrorize or promote physical injury or obliteration of belongings.
• Copyright or trademark contravention : Clients can not use any of our service products to broadcast any material (by e-mail, uploading, posting or otherwise) that violates any copyright, patent, trademark, or trade surreptitious or other proprietary civil liberties of any third party, including, but not limited to, the unlawful copying of copyrighted material and digitization and circulation of images or photographs from any source like magazines, books, or other copyrighted sources, and the illegal allowance of copyrighted software. Clients can not use services or products to assemble, or try to assemble, private information/details about third parties, devoid of their knowledge or written consent. Circulation and/or redistribution of copyrighted or the aforesaid intrusion will not be endured.

LOSS OF BACKUP AND DATA :

Usage of our services is at your own solitary risk. Webcoder  is not accountable for any data and/or files domiciling on your account. You agree to be responsible for data transfer, files and maintenance of proper backup of data and files put up on our server. We are entitled to take weekly backups of data which have been changed or are new. These backups serve the purpose of server restoration.

Mailing List Hosting We do not entertain any hosting for the running of mailing lists. Any mailing lists found in our servers will be shut down by us without any prior notice. Pornography or any other sex related marketing are subjected to prohibition on any of the servers of Webcoder . Any site that contains sexual content or links to any sort of adult content elsewhere is included in this. The same holds true for the sites which encourage any illicit activity or are in any way detrimental to Webcoder  servers or any other internet server. Even links to such sort of materials are subject to prohibition.

What do you own and What Not: Source Code/Database of Website :

Web Server: Clients get web hosting complimentary with the package, if stated in the email/proposal offered by our sales team. Thus, they don’t own it.

Content Management System (CMS): Clients Don’t Own This. A Web Application that is used to manage the administration of content for your website. The CMS (and all software) is owned by the creators i.e. Webcoder  and you use it as long as you run this website on our server.

Database Software: Clients Don’t Own This. Clients dont have write on the Database Software such as MySql created by Webcoder  . Clients own their website data and content stored in the database if they have written it.

Source Code (other custom programming) – Clients Don’t Own This. The programmed code created in the language of the Web Server Platform that contains the logic and connectors to other software running on the server. Source code may also communicate with outside integrated system servers. The source code will generate the HTML/CSS/Javascript for the browser to render to your screen.

HTML/CSS/Javascript : Clients Own This. HTML and CSS are the building blocks of almost all websites. It is a language that browsers understand. The Javascript is programming that may alter the HTML and CSS as one interacts with the website. Webcoder  provides an agreement giving HTML/CSS/Javascript ownership to you upon completion and final payment of the project.

Visual Design – Clients Own This. The combination of layout and presentable graphical assets like colors, photography and typography to create the user interface, images and videos, and readable content of the website. The HTML/CSS/Javascript will contain the information to display these assets so the browser can render the website on your screen. Webcoder  provides an agreement to clients giving website visual design ownership to you upon completion and final payment of the project.

Text Content – Clients Own This. The formatted, readable, search engine index able, copy and pastable website text that is rendered in the browser. Client will own his/her website text content if they or their employee authors the content.

Photography – Clients Own This… If they Took The Pictures. The entire or part of a digitized photograph used on a website as either part of the logo, user interface, slideshow, gallery, video or other visual design asset. Client will own their website photography if they or their employee captures the photographs

Domain Name – You Don’t Own This Either.  The Domain Name appears in the address bar of the browser. It is the humanly memorable, identifiable part of the website URL that is indexed by search engines, displayed in most marketing, and remembered as part of the brand. Clients do not actually own a domain name even though they are a registered domain owner. They have a contract with the domain registrar giving them “ownership” of the domain much like a contract with a telephone company for a phone number. Domain name registration with a registrar does not confer any legal ownership of the domain name, only an exclusive right of use.

The Legal Reality of Owning a Website : Clients will never legally own the domain name, web server platform, CMS, web platform, database software, or language used to build your website. Webcoder  only grants a license to use the Intellectual Property of the website created by Webcoder  using its own customized code to build it. Only if a client program the website himself/herself or have a “work for hire” agreement, he/she will own the website source code. If the client authors his/her own content, design the interface, take his/her own photographs, and create his/her own graphics, he/she will own all of the website “visual design” and content. Actually, clients only own the “Finished Assembled Work” i.e. HTML/CSS/Javascript, visual design, and the text content upon completion and final payment of the project.

Conclusion: If a client wants the source code of the website, Webcoder  will not share its CMS technology, Databases, Location wise Sub-domains or Sub-directory web pages or Web Hosting Details of the website. Back-End of our Template based as well as Customised Website (Admin Panel/CMS) + Location Wise (Sub-domain) Web Pages developed by Webcoder Team is the result of huge research, innovative ideas and years of hard work by Webcoder  . Webcoder  holds rights of its technology and at any point of time, if client wishes to discontinue services with Webcoder  , client can take control panel of the domain name (if purchased by Webcoder ) after paying all due payment (if any). Webcoder  will not share its source code / backup of the website which includes its Admin Panel/CMS, Database mysql files. Client owns the right to get HTML/CSS/Javascript, visual design, and the text content upon completion and final payment of the project.

Web Hosting Details: At any point of time, Webcoder  will not share Web Hosting Credential with clients to protect technology of website & maintain security of web server from any malware/viruses. Web Hosting is a free service provided with Website Service to client. Webcoder  holds the rights to deny client from installing any open source or 3rd party software/plugin/module/component/cms like wordpress, joomla, drupal, magento, shopify etc.

Domain Details: As long as client continues to run website with Webcoder  , Webcoder  will not share credential of domain purchased by Webcoder  for the Website of client. But if, client forces Webcoder  Team to provide control panel of domain, Webcoder  will provide the credentials of domain to client after getting written email from client that “If anything bad happens to the structure or promotion of the website, Client will be solely responsible to it. Webcoder  will not be responsible after providing the credential of the domain.”

Working on Client’s Server: We don’t host web applications / websites / portals designed and developed by Webcoder  on client’s server.

Payment and Refund Issue :

All the payments would be accepted on standard modes set by Webcoder  Solution. As we at Webcoder  Solution keep up high interactions with our clients and carry out the entire process with their approval thus there is no provision for any kind of full or partial refund. We clearly mention here that the paid amount would not be refunded in any circumstances. Once an order is placed it cannot be cancelled as it is sent for processing immediately. Your personal preferences changed in the course of time, cannot serve a reason for refund or chargeback.  The company will not provide the content through any other media such as CD, pen drive, movable drives etc. to avoid unwanted complications and technical issues. On provision of this information, you would be solely responsible for the login information as well as content of the sites so provided. All payments for services Webcoder   have to be made in favour of “Webcoder  .” only. We have not authorized any individual or organization to collect payments in any other name (i.e. any other individual or organization name) for any services rendered by Webcoder  . You are informed that under no circumstances will Webcoder  Solution be liable for any damage caused in your business transaction to such fraudulent individuals or organizations.

Matter of Disputes and Jurisdictional Aspects :

For any kind of legal dispute related to Webcoder   would be dealt in only territory of Delhi. All the legal issues are subjected only to pertinent contemporary’s laws in force at New Delhi to the jurisdiction of courts located in New Delhi only.

Governing Law and Jurisdiction :

This Agreement and any dispute or matter arising from incidental use Webcoder   is governed by the laws of India and the Member and the Company hereby submit to the exclusive jurisdiction of the courts at Delhi, India. This Agreement, accepted upon use of the Site and further affirmed by becoming a Member of the Webcoder  , contains the entire agreement between you and Webcoder   regarding the use of the Site and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.We anticipate that the aforementioned information would enable you to shrewdly use the facilities and services offered by Webcoder   and strengthen our business associations as well. With the warmest greetings, Team Webcoder   is all set to assist you to serve with the best possible solutions.