Terms & Conditions
Nature of business
Way2webscape is an IT and ITES service provider company offering services like website design and development, content writing, and logo designing. We offer the above mentioned services globally however we are striving for a strong market presence in United States of America, Europe, Dubai, India, Australia and New Zealand, Philippines, Singapore, Malaysia and Indonesia.
1. General and acceptance
In order to participate in certain Way2webscape Services, you may be required to agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the Way2webscape.com Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement as an integral part hereof.
Way2webscape.com may modify this Agreement from time to time and such modification shall be effective upon posting by Way2webscape.com on the Website. You agree to be bound to any changes to this Agreement when you use the Way2webscape Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
Use of and Membership in the Way2webscape Services is void where prohibited. By using the Way2webscape Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; and (d) your use of the Way2webscape Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are less than 18 years of age.
Minors are not allowed to purchase Premium/Upgraded Services or any Applications (as defined below). Accordingly, by purchasing such services the user declares and represents that he/she is more than 18 years of age and that he/she has full legal capacity to complete such contractual action without need for any additional approvals or consents.
3. Provided services
Subject to full compliance with the Terms of this Use Agreement, Way2webscape shall provide certain services, as described more fully on the Website ("Services"). Services may include, but not be limited to, the formation, designing, storage, management, sharing and linking of media and/or document files (including, but not limited to text, user comments, messages, information, data, graphics, photographs, images, illustrations, animations, software, audio and video, also collectively known as the "Content"). Please note that part of the Services (or special features) may be provided only to Users who subscribe for such Services and Way2webscape may charge fees for such Services. The Services are provided by Way2webscape AS IS and Way2webscape assumes no responsibility for any failure in providing the Services to the Users.Way2webscape may change, suspend or discontinue any or all of the Services or any Content for any reason, at any time, including the availability of any feature or part of the Content at its sole discretion. Way2webscape may also impose limits on all or any of the Services or restrict your access to parts or all of the Services without notice or liability. Way2webscape may charge fees for the use of the Services or part of them and may include advertisements or other commercial content in any Way2webscape product or image or webpage including such which have been created by users unless stated otherwise. The Premium/Upgraded Services provided by Way2webscape (as defined on the Website) are provided according to the provisions of this Agreement and the specific commercial provisions and policies (including Cancellation Terms, Refund Policy etc.) as detailed on the Website, and such provisions and policies as may be amended or changed from time to time, are incorporated herein by reference and shall be considered as an integral part hereof.
4. General undertakings
You accept sole responsibility for all of your activities using the Website, including your conduct on the site and any and all content you may submit or post or share via the Website. You will not use the Way2webscape.com services for any unauthorized or illegal purpose. You will be responsible for ensuring that you do not violate any laws of your jurisdiction, including but not limited to copyright laws. You will not upload or transmit viruses, worms or any other destructive code.
5. Website access
6. Fees and payment
Some of the Services offered on the Website require payment of fees ("Charged Services"). If you elect to sign up for Charged Services, you shall pay all applicable fees, as described on the Website in connection with such Charged Services selected by you. Way2webscape reserves the right to change its prices at any time. You authorize Way2webscape directly or through third parties, to make any inquiries it considers necessary to validate your account and financial information that you provided while signing up for such Services.
Please note that according to internal agreements, Way2webscape.com. (Futurescape's wholly owned product) is entitled to collect fees from Users on behalf of the Charged Services, to process any payments and/or refunds and/or take any billing actions as required in connection with the collection of the fees on behalf of the Charged Services.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties. You agree to pay any such taxes that might be applicable to your use of the Services and payments made by you to Way2webscape.
All fees related to using Charged Services are charged automatically using the payment method as determined in the Website. If, at any time, you contact your bank or credit card company decline or otherwise reject the charge of any payable fees, this act will be considered a breach of your obligation hereunder and your use of the Charged Services will be automatically terminated. Your use of the Charged Services will not resume until you re-subscribe for any such Charged Services.
Users purchasing Charged Services shall pay any and all prices and fees due for such Services. All prices and fees are non-refundable unless otherwise expressly noted, even if such Charged Services are suspended, terminated, or transferred prior to the end of the Services term. Way2webscape expressly reserves the right to change or modify its prices and fees at any time, and such changes or modifications shall be posted online at the Website and effective immediately without need for further notice to any user. Any changes or modifications in prices and fees shall be effective when the Services in question come up for renewal as further described below.
At present there are three payment mode available for the “user”, “users” or entity on Way2webscape – cheque, Wire Transfer, Online payment. User, Users or entity can make payment using any of the three following ways:
6.1. Payment options
6.1.1 Pay full one time
Make full payment at one go. Under this option, the user, users or entity is entitled for 30 days money back guarantee. Way2webscape will only refund you according to its Money Back Guaranty Policy. Way2webscape offers a 30-day money back guaranty ("Guaranty Period"). In case you are not satisfied with any of the Charged Services you have acquired and you have provided a cancellation notice, you can submit a refund request in accordance with our Money Back Guaranty Policy, as may be amended from time to time, within the Guaranty Period in order to receive full refund. Way2webscape will not refund any amounts paid after the elapse of the Guaranty Period.
6.1.2 Pay 20% now rest on completion
User, Users or entity need to pay some amount in advance to start the work. User, users or entity are responsible to pay the remaining amount on completion of the work or else Way2webscape will have full authority to keep the entire work with it until remaining payment is made. This might lead to extra charges and delay in work.
6.1.3. Pay as you go
This is a rental payment option where you will be charged on monthly basis for the work (website) way2webscape develops for you. The rental amount will be taken in advance. A grace period of 15 days will be given for making payments. After due date, website will be shut down. In such a case, way2webscape will not be responsible for any loss (loss in terms of money, customer or business).
Note: The website in Pay as you go option will be hosted on way2webscape servers.
6.2. Payment options
Payment made through online payment gateway take minimum of 2 days for realization. Way2webwscape will start work as per the promised schedule for the user, users or entity only after realization of the payment confirmation.
This payment mode is applicable only for India. Way2webwscape will start work as per the promised schedule for the user, users or entity only after realization of the payment. Way2webscape will not be responsible for any delay in delivery because of the late payment. User, users or entity will have to make sure that there are sufficient in their respective account for payment realization.
6.2.3 Wire transfer
Payment made through wire transfer take minimum of 2 days for realization. Way2webscape will start work as per the promised schedule
for the user, users or entity only after realization. However, user, users or entity will have to notify Way2webscape about the same through
e-mail, phone, or fax.
7. Ownership of content
Way2webscape does not have the ability to determine the actual owner of content created and/or uploaded to the Website. Accordingly:
(i) In respect to content (such as websites, web pages and widgets) created and/or uploaded to the Website by a free User (and which Way2webscape has not been paid for), the owner of such content shall be considered as the Way2webscape User listed as the owner of the Way2webscape account under which the content has been created
or uploaded to the Website;
(ii) In respect to websites created on Way2webscape's Website and which have an external URL (i.e. a domain name imported or purchased as part of a "Premium
Upgrade"), Way2webscape shall consider the owner of such website as the person or entity registered as the owner of the domain according to the WHOIS database as provided on the www.whois.net website. To remove any doubt, the identity of the person or entity that has paid Way2webscape for the Charged Services shall not be
considered by Way2webscape as creating any ownership or other rights in or in relation to such website;
Way2webscape shall not provide any information and/or details regarding any content created or uploaded to the Website other than to the owners of such content as determined above.
Website or websites created under the “FREE” option, or rented plan will be hosted on Way2webscape servers.
8. Cancellation & Money back
The Way2webscape Charged Services are provided on a prepay/postpaid basis. Way2webscape users may decide to discontinue their use of any Charged Services at any time. Such cancellation is done by the users themselves on the Way2webscape Website and according to the instructions posted therein. The date and time of any cancellation of the use of any Charged Services shall be the date and time on which the user has completed the cancellation process on the Way2webscape Website.
Way2webscape will only refund you according to its Money Back Guaranty Policy. Way2webscape offers a 30-day money back guaranty ("Guaranty Period"). In case you are not satisfied with any of the Charged Services you have acquired and you have provided a cancellation notice, you can submit a refund request in accordance with our Money Back Guaranty Policy, as may be amended from time to time, within the Guaranty Period in order to receive full refund. Way2webscape will not refund any amounts paid after the elapse of the Guaranty Period.
You acknowledge that certain services purchased on or through the website (including purchase of applications) may be non-refundable. The terms of each purchased service or application are indicated in the website and/or as part of or during the process of purchasing such services or application. It is your obligation to verify your ability to cancel a service prior to purchasing any charged service. Way2webscape will not refund any amounts paid for non-refundable charged services.
Way2webscape when buys any content (e.g. images) from any third party on behalf of the client will be non-refundable.
9. Intellectual property rights
The Content on the Way2webscape Website (as defined above), except for all User Content (as defined below), is subject to copyright and other intellectual property rights under local and international laws conventions. To the best of its knowledge, Way2webscape uses only Content which is allowed and permitted for use by the owner/s of the copyrights and other intellectual property rights therein. Content on the Website is provided to you AS IS only and it may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners (if such consent is required) (outside of a Way2webscape document).
Way2webscape reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Content of third parties obtained through the Website for any commercial purposes. You agree not to circumvent, disable or otherwise interfere with security related features of the Way2webscape Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Way2webscape Website or any of the Content therein.
10. Warranty disclaimer & Limitation of liability
A. You agree that your use of the way2webscape website shall be at your sole risk. To the fullest extent permitted by law, way2webscape, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the website and your use thereof. Way2webscape makes no warranties or representations regarding the accuracy or completeness of the content on the way2webscape website or the content of any sites linked to the way2webscape website.
B. In no event shall way2webscape, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or other information stored therein, (iv) any interruption or cessation of transmission to or from our website, (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our website by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the way2webscape website. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
C. You specifically acknowledge that way2webscape shall not be liable for user content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you. Way2webscape makes no representations that the way2webscape website is appropriate or available for use in all locations. Those who access or use the way2webscape website from jurisdictions prohibiting such use do so at their own volition and are responsible for compliance with local law.
12. Events beyond control
Under no circumstances shall Way2webscape be held liable for any delay or failure in this Website and/or any of the Services and/or information on the Website directly or indirectly resulting from, arising out of, relating to or in connection with events beyond the reasonable control of Way2webscape, including, without limitation, internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, intergalactic struggles, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties. The provisions of this paragraph are in addition to, and not intended to limit or modify, the limitation of Limitation of Liability section as stipulated above.
You agree that: (i) the Way2webscape Website shall be deemed solely based in Maharashtra, India; and (ii) the Way2webscape Website shall be deemed a passive website that does not give rise to personal jurisdiction over Way2webscape, either specific or general, in jurisdictions other than Maharashtra. These Terms of Service shall be governed by the internal substantive laws of the State of Maharashtra, without respect to its conflict of laws principles. Any claim or dispute between you and Way2webscape that arises in whole or in part from the Way2webscape Website shall be decided exclusively by a court of competent jurisdiction located in Navi Mumbai, Maharashtra, India By registering to the Way2webscape Website and providing your email address, you expressly agree to receive promotional content from Way2webscape, by mail or email, from time to time. If you provide Way2webscape with your phone number (at any stage of use of the Services), Way2webscape shall be entitled to call you or send you promotional SMS notices from time to time. If you wish not to receive such promotional content / notices, you may notify Way2webscape at any time.