Last Updated: July 23, 2025
Welcome to Webgennie Media LLP! These Terms of Service (“Terms,” “Agreement”) govern your access to and use of our website ([www.webgennie.com]) and the services provided by Webgennie Media LLP (“Webgennie,” “we,” “us,” or “our”), a company registered in Indore, India. By accessing our website, requesting a quote, engaging our services, or signing a Statement of Work (SOW), you (“Client,” “you,” “your”) agree to be bound by these Terms.
By accessing our website or initiating any business relationship with Webgennie, you confirm that you have read, understood, and agree to these legally binding Terms. If you are acting on behalf of a company or other entity, you represent that you have the authority to bind that entity.
“Services” means the design, development, marketing, consulting, or other IT-related services provided by Webgennie as detailed in a specific Statement of Work (SOW).
“Deliverables” means the specific outputs, such as software, websites, apps, designs, reports, or materials, created by Webgennie and delivered to the Client under an SOW.
“Statement of Work (SOW)” means a separate, mutually signed document specifying the scope, timeline, fees, deliverables, and other details for a specific project.
“Client Materials” means any data, content, logos, images, text, specifications, or other materials provided by the Client to Webgennie for use in providing the Services.
Engagement: Specific Services will be detailed, quoted, and governed by a separate SOW. Each SOW incorporates these Terms by reference.
Scope: The scope of Services is limited to what is explicitly described in the applicable SOW. Any requests beyond this scope constitute a “Change Request.”
Change Requests: Changes to the scope, timeline, or fees require a written Change Request, mutually agreed upon and signed by both parties before implementation.
Client Responsibilities: Client agrees to provide timely feedback, necessary Client Materials, accurate information, access to required systems/platforms, and appoint a single point of contact for project communication. Delays caused by the Client may impact timelines and costs.
Pricing: Fees for Services are outlined in the applicable SOW. Quotes are valid for 30 days unless otherwise stated.
Payment Terms: Payment schedules (e.g., milestones, monthly retainers) will be specified in the SOW. Invoices are typically due within 15-30 days of receipt (Net 15/30).
Taxes: All fees are exclusive of applicable taxes (e.g., GST). Client is responsible for paying all such taxes.
Late Payments: Late payments may incur interest charges of 1.5% per month (or the maximum allowed by law) and may result in suspension of Services. Client is responsible for all costs of collection (including legal fees) for overdue amounts.
Client Materials: Client retains all ownership rights to Client Materials provided to Webgennie. Client grants Webgennie a non-exclusive, royalty-free license to use Client Materials solely for the purpose of providing the Services.
Pre-existing IP: Each party retains ownership of its pre-existing intellectual property.
Deliverables: Upon full and final payment of all fees due under the relevant SOW, Webgennie hereby assigns to the Client all rights, title, and interest (including IP rights) in the Deliverables specifically created for and delivered to the Client under that SOW, excluding:
Webgennie’s pre-existing IP, tools, frameworks, libraries, methodologies, or generic code (“Background IP”). Client receives a perpetual, royalty-free license to use any Background IP incorporated into Deliverables solely as part of those Deliverables.
Third-party components (e.g., stock photos, fonts, plugins, APIs) used in Deliverables. Licenses for these components may be subject to separate third-party terms and costs, which the Client is responsible for understanding and maintaining.
Both parties agree to treat all non-public information received from the other party (“Confidential Information”) as confidential. This includes business plans, technical data, project details, and pricing. Confidential Information will not be disclosed to third parties or used for any purpose outside this Agreement, except as required by law. These obligations survive termination of this Agreement.
Webgennie Warranty: Webgennie warrants that Services will be performed in a professional and workmanlike manner consistent with generally accepted industry standards. For Deliverables, we warrant they will materially conform to the specifications in the SOW for a period of 30 days post-delivery (“Warranty Period”).
Client Warranty: Client warrants that it has the necessary rights to provide Client Materials to Webgennie and that such materials do not infringe any third-party rights.
Disclaimer: EXCEPT AS EXPRESSLY PROVIDED HEREIN, WEBGENNIE DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT SERVICES OR DELIVERABLES WILL BE UNINTERRUPTED OR ERROR-FREE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WEBGENNIE MEDIA LLP, ITS PARTNERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS, DATA, OR BUSINESS OPPORTUNITIES) ARISING FROM OR RELATED TO THESE TERMS, THE SERVICES, OR DELIVERABLES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WEBGENNIE’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT OR AN SOW SHALL NOT EXCEED THE TOTAL FEES PAID BY THE CLIENT TO WEBGENNIE UNDER THE SPECIFIC SOW GIVING RISE TO THE LIABILITY IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
THESE LIMITATIONS DO NOT APPLY TO (I) BREACHES OF CONFIDENTIALITY, (II) INDEMNIFICATION OBLIGATIONS, (III) GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, OR (IV) LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.
By Webgennie: Webgennie agrees to defend, indemnify, and hold Client harmless against any third-party claim that a Deliverable (excluding Client Materials or Third-Party Components) infringes such third party’s valid intellectual property rights.
By Client: Client agrees to defend, indemnify, and hold Webgennie harmless against any third-party claim arising from (i) Client’s use of the Services or Deliverables in violation of this Agreement or law, (ii) Client Materials, or (iii) Client’s modification of a Deliverable not authorized by Webgennie.
Term: These Terms remain effective until terminated. Specific SOWs have their own defined terms.
Termination for Cause: Either party may terminate an SOW or these Terms for material breach by the other party if such breach remains uncured for 30 days after written notice. Webgennie may terminate immediately for non-payment.
Termination for Convenience: Either party may terminate an SOW for convenience upon 30 days written notice. In such cases, Client will pay Webgennie for all Services performed and expenses incurred up to the termination date, plus any applicable termination fees outlined in the SOW.
Effect of Termination: Upon termination, Client shall pay all outstanding fees. Sections covering Payment, Confidentiality, IP, Warranties, Limitation of Liability, Indemnification, and Governing Law will survive termination.
Services may involve or integrate with third-party platforms, APIs, software, or services (“Third-Party Services”). Client acknowledges that use of Third-Party Services is subject to their own terms and privacy policies. Webgennie is not responsible for the functionality, security, or compliance of Third-Party Services.
Governing Law: These Terms and any SOW shall be governed by and construed in accordance with the laws of India, without regard to its conflict of laws principles.
Dispute Resolution: The Parties agree to attempt to resolve any dispute amicably through negotiation. If unresolved within 30 days, disputes shall be subject to the exclusive jurisdiction of the courts located in Indore, Madhya Pradesh, India.
Neither party shall be liable for failure or delay in performance (other than payment obligations) due to causes beyond its reasonable control, including acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.
Webgennie reserves the right to modify these Terms at any time. Updated Terms will be posted on our website with a new “Last Updated” date. Material changes will be communicated to active clients via email. Your continued use of our Services or website after such posting constitutes acceptance of the revised Terms.
These Terms, together with any signed SOWs and the Privacy Policy, constitute the entire agreement between the parties regarding the subject matter hereof, superseding all prior agreements and discussions. If any provision is found invalid or unenforceable, the remaining provisions will remain in full force and effect.
Client may not assign this Agreement or any rights/obligations without Webgennie’s prior written consent. Webgennie may assign this Agreement to an affiliate or successor entity.
Notices shall be sent to the contact information provided in the SOW or via email to info@webgennie.com (for Webgennie) and the Client’s designated email address.
If you have any questions about these Terms, please contact us:
Email: info@webgennie.com
Postal Address: Webgennie Media LLP, 51/52 Siyaganj Main Road, Indore MP.
Get in Touch: sales@webgennie.com
