Terms and Conditions:
By signing our contract and (or) by registering at our website to claim our service offering as a client, you agree and represent as follows:
Master Services Agreement (Terms of Service)
PLEASE READ THE BELOW TERMS OF SERVICE CAREFULLY. WE INSIST YOU TO ENSURE YOUR RIGHTS TO UNDERSTAND EACH PROVISION OR CLAUSE THAT THEREBY HELP US RESOLVE DISPUTES, RATHER THAN JURY TRAILS OR CLASS ACTIONS.
Widesign Interactive offers all its services to its clients through our websites (widesigninc.com) or through vendor portal (such as client’s website hosting provider) or at the client location (such as client’s on-prem infrastructure), all of which are conditioned on client’s agreement to adhere to the following terms of service without modification of any kind. The client’s registration with us on any type of service offering or project (big/small) constitutes his/her/their agreement to our terms of service and conditions that apply. Our terms and conditions are subject to change at any time without prior notice. Any changes that are made to these terms and conditions will not apply retroactively and will not apply to disputes or events occurring before the change is published. clients at widesigninc.com are responsible for reviewing these terms and conditions on a regular basis on our website
Registration (Sign up)
Our services are provided as stated in our contract with the client before initiation. We may not handle projects or services that are beyond our service offerings as stated in the contract. Any such limitations and assumptions shall be detailed to the client before initiation of the contract itself and it is solely client’s responsibility to have a clear understanding of what is meant to be delivered by us as part of our service offering.
By signing our contract and (or) or by registering at our website to claim our service offering as a client, you agree and represent as follows:
- (1.A) You are of legal age as per your government regulations to visit websites such as widesigninc.com and are otherwise capable of forming a legally binding contract.
- (1.B) By receiving our services as a client, all your information that you submit to widesigninc.com or its subsequent support portals or in connection with our other services offered by print or other means is accurate and complete and that you will maintain and promptly update any profile supplied to us to ensure accuracy at all times.
- (1.C) You agree to be contacted via EMAIL and Support Portal for any support related issues as our first means of contact; you also agree to be contacted directly on-your-site or via PHONE, SMS, and other forms of text messaging by Widesign Interactive and (or) or by its vendors or third parties where relevant to the services offered by Widesign.
- (1.D) You hereby grant widesigninc.com permission to email or display your business profile and such other information as may be supplied by you to us on or from our website or via email as we shall deem advisable in our sole determination in connection with the service or for marketing purposes thereof.
- (1.E) By using any of our services, you may grant us permission to access your account information at widesigninc.com or its subsequent sites and those messages, data, information, text, graphics, audio, video or other material posted /uploaded /transmitted through our service offering medium, solely in connection with the provision of services.
- (1.F) To begin using our services you will be required to register an account or sign our contract. When creating an account that may be used by you as part of our service offering (such as for contacting our support team), we will collect your name, address, country of origin and email. If you decide to subscribe to any of our services, you will also be required to submit your credit card information to our third-party payment processors such as Stripe or Paypal or any others. We may also ask you for additional information if necessary.
- (1.G) All our contracts or services may be automatically renewed at the end of each term detailed in the client contract. Any of such renewals are carried forward to the next term of service offering. We may notify before time about the renewals, but the client is solely responsible for renewing the services offered by Widesign or for their cancellations in time. Any licenses canceled or data lost due to the contract termination that occurred in a future event of not renewing our services is at the sole discretion of the client and Widesign will bear no responsibility in any manner.
Service Limitations or assumptions
Any services offered via a contract in place will carry a certain set of “Assumptions” or “Limitations” section and we highly recommend the client to review those sections. The client is solely responsible for knowing the service offering in detail before signing and Widesign will bear no responsibility in any manner. For any MSA/terms related queries, it is the sole responsibility of the client to contact us by using our support portal (if access provided) or via email to [email protected]. Some general service limitations disregard of the service offering is listed below. Any specific terms about a service offering shall be provided in the contract via email for an additional electronic signature or will follow in the next application steps in the registration process that shall be signed by the client separately. It is the sole responsibility of the client to understand any service offering specific terms before signing the contract or transferring the funds. By signing at the bottom of these terms and conditions electronically or by handing over the print of these terms of service after singing it, the client is deemed to accept our terms of service or terms of service (MSA – Master services agreement).
- (2.A) Any design/development/maintenance item that is not included within the service offering shall be considered an add-on for which the client may be requested to provide additional funding unless otherwise explicitly stated in the contract.
- (2.B) Set-up or contract initiation fee or any advance fee is subject to change depending on custom server requirements and (or) or vendor fees.
- (2.C) Our services may require integration of tools from vendors, suppliers or other services offered by third parties. During this process, we may integrate those tools or services at our sole discretion to provide the services offered to our clients, All the tools are subject to feasibility, funding, implementation and may change without any explicit notice to the client.
- (2.D) If an email or web hosting service is added as part of the service offering, we may not upgrade email accounts from one service offering to another as we need to migrate the emails that require a special project. Upgrading Email or Web Hosting Packages come at an extra cost.
- (2.E) For onsite services, the client may bear all the travel allowances. We come to the client’s location directly (if feasible) or instruct from remote locations virtually using our remote monitoring and management (RMM) tools.
- (2.F) We don’t take the responsibility for constant (or Daily) web hosting backups as it comes up as an add-on feature at an extra price unless otherwise explicitly stated in the service offering. Any backups taken are used only for Widesign interactive’s internal management and maintenance purposes. Backups will be used to restore the client’s data during a disaster recovery event or may be delivered to the client on request.
- (2.G) Explaining/training the clients to use our services at their best is not offered unless otherwise explicitly stated in the contract. Widesign support teams may, however, help with any support requests made for information about a service offering.
- (2.H) Widesign doesn’t directly host any of the web servers for the clients and will not guarantee the uptime of any of our web services. Any such Uptime SLAs may be provided separately by consulting with vendors and hosting providers when requested by the client.
- (2.I) “Maintenance” mainly covers bug rectifications and updates. The maintenance hours are spent to constantly monitor the services we offer and to ensure that our offering is working as detailed. The “Support” is included within the maintenance. Any extra hours spent for maintenance (including support consultation with the client) beyond what is defined in the contract is billable to the client. The maintenance/support hours are not forwardable and are month-month unless otherwise explicitly stated as “unlimited support” in the contract.
- (2.J) The service offering can be upgraded or downgraded at the end of the billing cycle or contract term. In this process, any balance amount (including advance payments) shall not be adjusted or refunded in any manner.
- (2.K) The terms of service (MSA) are subject to change without any notice for general web users. The terms of service (MSA) may be subject to change with prior notice for clients with current/active contracts, however, no further signature is required by the client on the new terms, as they are sent as the notice via email or via print. Any new term or contract renewals will adhere to the latest updated terms of service (MSA) automatically. It is at the sole discretion of the client to check for the latest terms of service (MSA) via the email or print document
- (2.L) Any legal complaints against Widesign Interactive Private Limited (widesigninc.com) are subject to Indian – (“Andhra Pradesh – Vijayawada – Krishna (Urban) District”) State Jurisdiction.
- (2.M) The client is obliged to use any of our consulting services as provided with a certain time period and will expire if not automatically renewed in time. Widesign has all the right to stop offering its services at any time wherein such cases we will provide written notice and contact the client to share any such information. If we think we can’t provide our services to a client, we reserve all the right to not to proceed with project extension or service contract renewals and may even stop at the end of the billing-cycle effectively. In such cases, the project or service offering is said to be terminated even if the client contract didn’t enter its expiration period.
- (2.N) If a product or service or tool is not directly sold by use as part of service offering and is not mentioned explicitly as the line item in your invoice, then we don’t handle any direct interference with client’s-third-party. A “client’s-third-party” here could be referred to as a potential “end-user” or another operations/outsourced person/team/entity that doesn’t belong to Widesign. The term “direct interference” could be referred to as a situation where a client’s-third-party wants to interfere in development, maintenance or at any other phase of a project or service offering. The “project” here may refer to the client’s requested features and other requirements as detailed in our service offering in the contract.
Web user and client privacy is our top priority. We shall never share your personal information with third parties unless otherwise if a service offering needs us or the client to register/use our partner/vendor/supplier/payment-processor websites/portals in which case those third parties are responsible for client privacy. We shall never sell client/information to any third party. We will provide information related to data storage to the client as and when requested. Any confidential information such as credit cards is not stored on the site. Any confidential information such as user account credentials is stored in a secure location with Multi-Factor Authentication enabled. You (client or user) understand that by using our service or by visiting our website, you give us all the consent to store cookies, thereby collect, use, disclose your personally identifiable information such as your IP region, country, and other analytical parameters. You confirm that you are legally eligible to visit our website, to use our services and are thereby bound to your jurisdiction and your country’s laws with respect to age limit and differently-abled.
You also grant us permission to display your project information in our clientele, portfolio or in any of our services promotion material such as in social media posts on Facebook, Twitter and elsewhere as we deem necessary. For any reason, if you want to hide your site from our clientele or in our other marketing materials, please send us an email to [email protected]. We shall respect your privacy concerns and act accordingly.
In our discretion to support management, we may provide different accounts for different types of users/clients. If you open a client account at widesigninc.com or its subsequent support portals on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to these Terms of Service and that you agree to these Terms on the entity’s behalf. By connecting to sites that belong to Widesign Interactive Private Limited (such as widesigninc.com) with a third-party service (e.g., Facebook or Twitter or Linkedin or Google), you give us permission to access and use your information from that service as permitted by that third-party service. The service will not be made available to any User who has been removed from offering our services.
Content Restrictions, Service Duration and Third-Party Limitations
All our design or development services have their own licensing terms most of which include “GNU Public License version 2.0”. We always hold licenses for any of the designs or development codes if not developed directly by us. Any content as provided by the client belongs to the client and we don’t ask for any licenses. However, the client is solely responsible for any fraudulent content that is provided to us in order to include in their projects or services, and Widesign will bear no responsibility in any manner. We further insist on all the clients and highly recommend them to use original content on their websites, applications, services that are designed, deployed or managed by us. In contrasting situations, our basic service offerings shall not be guaranteed to clients who provide us fraudulent content (copied and stolen from other licensed resources).
- For example, It is up to the client to use any content on their website that is copied from other sites, provided they lose our SEO service that comes in as an additional service offering provided in a web development package. We don’t guaranty SEO in such an example situation.
With our service, we may reference third-party license or developer links either in the project code in our sites or service offerings. We include them for a greater good where our clients will be benefited from their genuineness of code and ethics. We are not responsible or liable for any acts or omission created or performed by these third parties or tools or resources supplied by them. Widesign does not operate or control or endorse any third-party development or maintenance, information, software, products or services offered by such third parties in any way.
- In situations like “web-managed services” offering, we may pay for the licenses to the third-party tools that we deploy and manage as part of our service offerings. In such cases, no licenses will be transferred to the clients directly. In case of contract termination or project cancellations or failure to make payment by the end of the billing cycle, such licenses shall not be provided to the client and Widesign reserves the right to re-use those licenses (if applicable) in other projects for other clients.
Copyright Claim: widesigninc.com respects the rights of third-party creators and content owners and expects that all our clients/website-users will do the same. Given the nature of the service and the volume of the information submitted to our websites or by the clients to deploy their projects, we cannot and do not monitor all the materials posted on our site or transmitted by our clients on their sites, or by other third-party content providers, including without limitation. The clients/users shall hereby agree that Widesign (5.a) will not be liable for materials and (5.b) reserve the right to review, reject, delete, remove, modify or edit any materials at any time for any reason, without liability, and without prior notice. Widesign reserves the right but is not obligated, to remove user content from the service for any reason, including user/client content that we believe violates our terms of service.
Pursuant to DMCA, any copyright infringement claims should be sent to a service provider’s designated agent. Here, in order to make it easier for our clients, Widesign team will act as the Chief-webmaster team and so also as the “designated agent” for all its clients. Hence, notification regarding any copyright infringement on our site or on any of our client’s websites must be submitted to the following for this website (below) or to the client’s addresses as mentioned on their websites.
Widesign Interactive Private Limited,
F-17, Sree Ranga Sai Towers, Eluru Road,
Vijayawada, A.P, India. 520002.
AND (or) OR By Email: [email protected]
As part of the “Web Managed Services Ecommerce” offering, we may install weblinks on the client’s website/application to receive any such feedback from the users of that site, unless otherwise requested by the client explicitly to not install any feedback links on their site.
To be effective, a notification (for DMCA) will not be a legal notice but a prior notification before proceeding legally. Furthermore, the notification must be a written communication that includes the below.
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Copyright identification on single or multiple works and a respective list of such works at that site(s)
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled along with the information reasonably sufficient to permit the service provider to locate the material.
- Information that is sufficient to permit the service provider to contact the complaining party, such as an address, telephone number and if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.
- A statement that the information in the notification is accurate and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Support Policy and project upgrades
Widesign team offers support for all its services as detailed in the contract under the “service offering” section. Support is provided only via email or via widesigninc.com support portal unless otherwise explicitly stated the means of support in the service offering. Any other means of support provided at client’s request (other than Email or Support portal of widesigninc.com that generates a support ticket ID) may not be considered as a support request unless this unrecorded data is later logged/recorded/transcribed by Widesign team at an extra cost to be paid by the client. Widesign is not responsible for any damage or potential project process/data loss that may occur due to abuse of our communication/collaboration efforts offered beyond email or support portal. Widesign doesn’t guarantee support for any of the products or services deployed in any manner, it will only make the best Level-2 effort possible or reach out to its vendors/third-parties if and when needed. Any fee incurred due to such third-party/vendor level-3 support may be billed extra to the customer.
The support duration is reset on a monthly basis and is as described in the service offering unless otherwise explicitly stated in the service offering about an unlimited number of support hours offered. Any additional support hours (extending the regular support hours offered each month) shall be billed extra to the client. Widesign may not disclose technical details of any third-party products or services used as part of the project or service offering that may become an integral part of the project or service offering unless otherwise explicitly stated in a written consent physically or electronically signed by an authorized team member at Widesign Interactive Private Limited.
Widesign might not handle any customization/alterations requested on any third-party software deployed as part of a project or a service offering. If any further changes/alterations possible to a third-party tool or software are requested by the client, then those changes may be billed extra to the client. The support for that part of the project is based on the support we receive from that third-party service provider which may take an unknown duration of hours/days/months. Thus, Widesign is not responsible for any such third-party support delays. Widesign is not responsible for any means of data-loss caused due to such alternations/chances to third-party tools as offered with the service offering to the client.
Widesign may partner and collaborate with other third-party/vendor organizations as and when needed. Widesign is not responsible for any of the client’s new features requested later after signing the contract. Hence, any future requirements/additions or project revisions/alterations are subject to project delivery delays and extra costs that may be billed extra to the client. It is at the sole discretion of the client to offer us their new requirements as new project(s) with a new budget that if signed to initiate by Widesign will cover up with the existing project’s new needs.
Any on-site support at the customer location if offered must be arranged by the client. The arrangements include but not limited to additional support-hours cost (if any), transportation costs, accommodation and food for the Widesign associate(s) who arrived to offer support at client location.
Our support may be offered on a first-come-first-serve basis unless otherwise stated explicitly in the service offering with a special support SLA in place. Widesign does not set a time limitation to close a support ticket. However, we strive hard to close these tickets with a resolution or a workaround as soon as possible. Faster support may be offered at an extra cost with a separate support SLA. Root-cause analysis (RCA) of an issue in place may be provided at a high-level when requested by the client. In-depth root-cause analysis (RCA) can be provided if requested by the client. However, if an RCA takes more than an hour of a Widesign associate’s time, it may be billed extra to the client unless otherwise explicitly stated in the contract.
Upon service expiration or account closure, the client’s access to support is also terminated.
Acceptable Use Policy
We terminate or will not provide further support if we believe that the client has violated the terms by engaging in prohibited activities. Below are some prohibited list of activities when accepting our services.
- Submitting, sharing, publishing offensive or abusive content such as content that promotes racism, bigotry, harassment, blackmailing, hatred or physical harm of any kind against any group or individual.
- Engaging in spam, junk mail or unsolicited mass mailing or harvesting or otherwise collecting private data about service users, including names, phone numbers, addresses, email addresses (collectively, “user data”) without their consent.
- Promoting or submitting illegal, false, sensitive (password file), misleading, pornographic, weaponry deals or malware or other explicit materials that are abusive, threatening, obscene and defamatory.
- Engaging in any sort of illegal activity on the website as stated by the government at the client location or conducting any unauthorized activities such as solicitations, illegal contests, sweepstakes, barter, and pyramid schemes.
- Using bots or other automatic device software or manual process to monitor copy or scrape our client’s website or websites managed by Widesign such as widesigninc.com without written consent from authorized personnel.
In addition, you represent that you will not disrespect the services offered by widesigninc.com by violating the law or these Terms of service.
Comments and External Content
We may offer features like forums, blogs, comment areas, bulletin boards, social media tools and chat rooms both on our sites as well as on our client’s site. We together can call comments and external content intended to be provided to users above 18 years of age. You agree not to use usernames or Forum titles that are offensive, obscene or express hate or misrepresentation. Do not use vulgar, hateful or any other language expression or any copyrighted content that is by any means offensive or is prohibited by law. To maintain a positive healthy environment that enables users to share content, all users must obey to our acceptable use policy.
widesigninc.com doesn’t endorse the reliability of any of such external content and the judgment on the content is purely at the sole discretion of the user viewing/reading it.
Representations, Warranty, and Indemnification
All users/clients represent and hereby warrant that they have all necessary authority, rights and permissions to submit the materials and grant licenses described in these terms of service. All the materials are accurate, current and complete that are also not infringe or misappropriate any copyright, trademark, trade secret, patent or other intellectual property rights of any third party or violate any other rights of the third party, including, without limitation, any rights of privacy or publicity or any contractual rights. The materials and your use of service shall not violate any applicable law or regulation or cause injury to any person or may violate any agreements we had for you and between you and a third party.
You agree to indemnify, defend and hold harmless Widesign teams, its officials, directors, employees, agents, associates, partners, affiliates and contractors from and against any and all claims, costs, demands, damages, liabilities or expenses, including, without limitation, reasonable attorney’s fees, arising from or related to the materials you provide or approve for publication, your use of service your breach of these terms of service or any actual prospective, completed or terminated service between you and a third party.
Widesign intends that the information contained in its Service be accurate and reliable; however, errors sometimes occur. In addition, our teams will make changes and improvements as necessary whenever possible to the content provided herein at any time. Our service and the content, information, software, products, and services associated with it are provided “as is”.
widesigninc.com or its suppliers, partners, affiliates disclaim any warranty of any kind, whether express or implied, as to any matter whatsoever relating to the service and any content, software products, information and services offered herein, including without limitation the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
By visiting Widesign website or by utilizing services offered by widesigninc.com, you (client/user/public/person/entity) claim that it is at your own risk that you seek our services and Widesign is in no way liable to any damages caused. widesigninc.com and its suppliers are not liable for any direct, indirect, punitive incidental, special consequential damages or other injury arising out of or in any way connected with the use of widesigninc.com website or its services or with delay or inability to use the services, or for any information, content, software products, and services obtained through widesigninc.com and its team or otherwise, with use of our services, whether resulting in whole or in part, from breach of contract, tortuous behavior negligence, strict liability or otherwise, even if Widesign and/or its suppliers had been advised of the possibility of damages.
In no event shall Widesign be liable for any losses or any special lost profits, incidental or consequential damages (however arising, including negligence) arising out of or in connection with this agreement. Widesign’s liability and liability of our suppliers/affiliates to you or any third party is any circumstance shall not exceed the total sum of 500 Dollars Outside India or 15,000 Indian Rupees within India or one-fourth of the project budget allocated by the client whichever is lower. The limitations of liability set forth above are fundamental elements of any project or service offered by Widesign (Widesign Interactive Private Limited) as assigned by our clients after they sign these terms of service at the time of project application online. Some jurisdictions do not allow the limitation of liability, so the foregoing limitation may not always apply.
For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
Errors and Delays :
Widesign is not responsible for any errors or delays caused by an incorrect e-mail address provided by you or any other technical problems. We strive hard to deliver projects and services on time. We are not liable for any uncontrollable nature calamities or technical disasters or any other type of issue that delays or makes us decide to cancel a project or a contract signed by you (client) or by action that caused delays to rectify the errors.
PROJECT OR CONTRACT CANCELLATION:
The client must pay two months of billing cycle payment for canceling a contract in the middle of the contract term.
- If a client signed the contract with a “service offering” period of 1 year (“1-year contract”) and has a Monthly Billing Cycle in place, then to cancel a “1-year contract” before the end of year’s term, the client will have to make a payment of 2 months.
To cancel a contract at the end of the billing cycle, the client must contact [email protected]
Subscriptions and Payment
Widesign offers various services, packages, and plans. This subscription will automatically renew at the end of the billing cycle. Usually, the annual term contract is what we use for our clients to offer our services at Widesign. To cancel a billing cycle subscription, the client must notify Widesign via an email to a[email protected] Notifying us beforehand helps us understand that you (client) will not invest or have no budget to continue the project or the service offering for another term and you are not ready to extend your term thereby give us all the right to stop our service offerings. Please note that subscriptions may include licensed software whose licenses may be revoked when the contract is canceled or not renewed.
You will be required to submit payment information to do so. To process our payments Widesign may ask you for your payment details (such as credit card information) that may be stored with our payment processors such as Stripe, Paypal, or Authorize.net or any other payment gateways. You may, however, pay us using a direct bank-bank transfer, wire transfer or ACH deposit to our bank account by other means. By providing your credit card information to our payment processors, you agree to their terms and conditions at the payment processor site. For more information, please contact [email protected]
Project Management Fee, Payment Processor Fee, Other fees and Taxes: You may subscribe to our services from any country/state. However, you are solely responsible for any applicable state, federal or provincial taxes. Widesign charges an additional project management fee that includes payment processor fees, taxes, and other fees as applicable to the laws and rules by the Indian Government (the country in which we have our corporate establishment).
You agree that you will pay any applicable taxes or fees to your local or state tax agency for any payments and financial transactions you perform with Widesign. We are not responsible for collecting, transmitting, or advising on taxes, duties, or other levies for the payments being made to us.
Refund Policy: We do not offer refunds on already delivered or deployed projects or signed contracts. It is at the sole discretion of the client to make the payment and this agreement states that the client is fully aware of the services being offered.
However, there might be some circumstances that your project will be halted, stopped or canceled or our service offering is no longer available by Widesign. In such circumstances, Widesign may cancel the auto-renewal and the service ends at the end of the billing cycle or at the end of the contract term.
Simply send us an email at [email protected] with any further queries.
Widesign reserves the right in its sole discretion, and without any prior notice, to terminate your access to the Service for any or no reason, including your breach of these Terms of Service (or Master Services Agreement), the terms and conditions of any specific service for which you may have registered, or a violation of the rights of another user or the law.
You may unsubscribe from any further communication channels such as contact lists, client mailing lists, and others at any time by using our automated subscription options panel or by sending an email addressed to [email protected]
Any controversy arising out in relation to the services provided by Wdiesign, or to any acts or omissions for which client may contend Widesign is liable, including but not limited to any claim or “dispute” shall be finally and exclusively settled by arbitration in Vijayawada, India from which arbitration there shall be no appeal. The arbitration may also be held in any other city. The event of arbitration may take place at any feasible location for all-party meetings solely decided by Widesign Management at a later stage. The arbitration shall be held before one arbitrator under one recognized commercial arbitration council with established rules that are effective and meet the purpose. One of such council ISA (Indian Council of Arbitration) shall be asked for help to conduct the dispute resolution event on behalf of Widesign at a later stage. The arbitrator shall be selected pursuant to the ISA rules. The arbitrator shall apply the substantive law of the state of Andhra Pradesh, except that the interpretation and enforcement of this arbitration provision shall be governed by the Indian Central Government’s “the arbitration and conciliation act, 1996” (revised, S. 29A, 2016).
To begin the arbitration process, a party must make a written demand therefore. Each party shall bear its own costs and attorney’s fees. Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in Andhra Pradesh, India. The arbitrator shall not have the power to consolidate as an agreement to the joinder or consolidation of any arbitration under this Agreement with any other arbitration absent agreement of all parties involved, or otherwise to deal with any matter on a non-individual, class, collective, representative, or private attorney general basis.
This agreement provides that all disputes between the client and Widesign Interactive will be resolved by binding arbitration. The client thus give up the rights to go to court to assert or defend the client’s rights. The client also gives up the right to participate in or bring class actions. The client acknowledge and agrees that the client and Widesign are each waiving the right to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both client and Widesign otherwise agree, the arbiter may not consolidate more than one person’s claims and may not otherwise preside over any class form or representative proceeding. The client’s rights will be determined by a neutral arbitrator and not a judge or jury.
Class Action / Jury Trial Waiver
With respect to all persons and entities, regardless of their utilization of our services for their personal or commercial or other purposes, any of their liability claims against Widesign Interactive must be brought in the parties’ individual capacity and not as a plaintiff or class member of any purported class action, collection action, private attorney general action or other representative proceedings. The waiver applies to class arbitration and unless we agree otherwise, the arbitrator may not consolidate more than one person’s claims. The client agrees that, by entering into this agreement, client and we are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action or other representative proceedings. This waiver applies to class arbitration and unless we agree otherwise, the arbitrator may not consolidate more than one person’s claims. The client agree that, by entering into this agreement, Client and Widesign are each waiving the right to a trial by jury or to participate in a collective or class action or private attorney general action, or other representative proceedings of any kind.
Client and Widesign agree that any cause of action arising out of or related to this service must commence within one (1) year after the cause of action occurs. Otherwise, such a cause of action is permanently barred.
These Terms of Service may not be transferred or assigned by the client but may be assigned by Widesign without restriction. Any attempted transfer or assignment in violation hereof shall be null and void. A printed version of these Terms of Service (MSA) and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All service rights not expressly granted herein are reserved to Widesign.
Copyright and Trademark Notices
All designs and materials offered as part of our service offerings are copyrighted to Widesign or to its vendors and software providers. The client may not claim intellectual or exclusive ownership to any of the development code offered, modified or unmodified where such software products and tools used to deliver the service may be the licensed property of Widesign where the exclusive rights belong to those original developers, vendors, third-party creatives that issued the license to Widesign. Other product and company names may be trademarks or service marks of their respective owners.
BY SIGNING THE CONTRACT OFFERED BY WIDESIGN, THE CLIENT AGREES TO THE ABOVE TERMS OF SERVICE (MAS