Webnotix INC Terms and Conditions

Last updated: November 12, 2024

Please read these terms and conditions carefully before using Our Service.

View our Terms and Conditions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

  • Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
  • Country refers to: United States
  • Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Webnotix INC.
  • Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
  • Service refers to the Website.
  • Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service. This Terms and Conditions agreement has been created with the help of the Terms and Conditions Generator.
  • Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
  • Website refers to Webnotix INC, accessible from webnotix.com
  • You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You.
Please read Our Privacy Policy carefully before using Our Service.

Links to Other Websites

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.

“AS IS” and “AS AVAILABLE” Disclaimer

The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Revision Policy

We provide revision depending upon the package you selected. Customers can ask us for unlimited free revisions and we will revise their design without any additional charges provided that the design and concept remains the same. Revision Turnaround Time would be 48 hours.

Refund Policy / Money Back Guarantee

In any event, any deposited funds for a project shall not be subject to refund after delivery if the initial design concepts are approved, or a change is requested unless Webnotix INC cancels or terminates your Contract for a reason other than your breach or non-performance.

All refund requests will be fulfilled as per the following arrangement:

You make a request when the initial concepts for designs are offered. However once you approve or request changes in the initial designs, the refund offer becomes void and refund request will not be entertained.

If request for refund is made before the delivery of initial design concepts, then you would be eligible for Full Refund (less 10% service & processing fee).

If a request for refund is made within 48 hours, you would be eligible for 66% refund (less 10% service & processing fee).

If request for refund is made between 48- 120 hours of the initial design delivery, you would be eligible for a 33% refund (less 10% service & processing fee).

No refund request will be entertained after 120 hours of your initial design delivery, however since we believe in 100% customer satisfaction you`re encouraged to contact us in case of any concern.

No refund request will be entertained if you have not taken any action on your order for 30 days after placing your order. However, if you want to reactivate your design order, you will be charged a certain fee depending on your project.

Refund is not applicable for Hosting and Website maintenance services.

No refunds will be applicable for optimized marketing plans once initiated.

No refund requests will be entertained after the final files have been delivered.

For website packages no refund will be entertained once website design / development has been completed or once the website has been deployed live.

For video animation packages no refund request will be entertained after the designing of the storyboard.

All refund requests should be communicated to the support department. Webnotix INC, based on the violation of your user agreement, reserves the right to approve/disapprove your request on an individual case to case basis.

For Webnotix INC/ Custom packages, refund will be applicable the same as it is on the single packages.

For example, if you order a logo and web design service and approve the logo, you can claim a refund for the website service at the time of initial design only.

A refund request will need to have a valid reason which must be qualified against the design brief and customer feedback for revisions. Unless a concept has not been designed according to the brief, a refund will not be given however further revisions will be provided until complete satisfaction

Money back guarantee is based on that the order is placed in good faith. Where a customer has placed design orders with more than one design agency for the same job with the intention to claim refund, we do not consider it a good faith. In such a case we reserve the right to decline a refund request.

All design jobs require customer feedback before finalizing the design therefore it is only fair that the customer gets involved and provides feedback in order to get the desired results.

100% unique design guarantee entitles you to a re-draw if our designed logo is to be found considerably similar to another logo design that may already exist. Any resemblance to an existing design will be merely a coincidence and Webnotix INC will not accept any responsibility or claim of any compensation in such a case. It is the client’s responsibility to get their art work copyrighted.

How to claim your refund

To assure your refund request is approved, please make sure you meet the following requirements

Claim your refund specifying your concern by contacting us via any of the following three modes:

Phone # 1-(832) 460-0680

Live Chat

support@webnotix.com

We will try to resolve your concern by virtue of our revision policy immediately or else will email you a refund request approval from our refund department. After the refund, your design rights would be obtained by Webnotix INC and you would not be able to display any version of the design sent by the company. Let us also specify that:

Since the design rights would now be transferred to the company, you agree that you will have no right (direct or indirect) to use any response or other content, work product or media, nor will you have any ownership interest in or to the same.

Working in collaboration with the Government Copyright Agencies Webnotix INC would share Copyright Acquisition information for the refunded designs that would restrict the re-use of the designs as original designs in the future. If you have any questions or concerns about our Refund Policy, please contact us by clicking here support@webnotix.com.

Quality Assurance Policy

In order to provide you the desired satisfaction, our designers don’t deviate from the specifications provided by you in the order form.

The designs are created after a thorough research which ensures the design quality and uniqueness.

100% Satisfaction Guarantee

We rework the ordered design and keep on revising it until you are 100% satisfied (depending upon your package).

Domain and Hosting

Domain and hosting will be provided for free with website packages, where applicable.

All the email accounts provided with website packages can be configured on third party email soft-wares such as outlook. Each email account will have 10MB of space.

If you are not hosting your website with us, we will not provide email accounts.

Delivery Policy

All design order files are delivered to My Account as per the date specified on the “Order Confirmation”. An e-mail is also sent to inform the client about their design order delivery made to their specific account area. All policies pertaining to revision & refund are subject to date and time of design order delivered to the client’s account area. All design order files are delivered to “My Account” as per the date specified on the “Order Confirmation”. An e-mail is also sent to inform the client about their design order delivery made to their specific account area. All policies pertaining to revision & refund are subject to date and time of design order delivered to the client’s account area. We deliver all our customized design orders via email within 5 to 7 days of receiving your order. We offer a RUSH DELIVERY service through which you can have your first logo samples within 48 hours by paying just $100 extra! For further assistance, contact us at the 24-Hour Customer Support Center.

Record Maintenance

We keep a record of your finalized design once we provide you the final files.

If you require the final files again in the future we can send them to you at your request.

Customer Support

We offer 24-Hour Customer Support to address your queries and questions.

You can contact us any time and we guarantee to respond immediately.

Communication Policy

YOU agree that Webnotix INC is not liable for any correspondence from email address (es) other than the ones followed by our own domain i.e. “..@webnotix.com” or/and any toll free number that is not mentioned on our website. Webnotix INC should not be held responsible for any damage(s) caused by such correspondence. We only take responsibility for any communication through email address (es) under our own domain name or/and via toll free number i.e. already mentioned on Webnotix INC Website.

Access to Information

To access Webnotix INC services you may be asked to provide certain registration details or other information. By accepting these terms & conditions, you hereby acknowledge that all the information provided by you will be correct, current, and complete. If Webnotix INC believes the information that you have provided is not correct, current, or complete, Webnotix INC has the right to refuse your access to any services or any of its resources, and to terminate or suspend your account at any time.

Webnotix INC is operating under a PCI DSS compliant company; therefore it is authorized to keep your credit card information on file that can be used for any recurring service, additional development hours, server or network equipment required to develop or launch your website without any prior notification. However, our representatives always bring this in knowledge so that you are aware about all the processes.

100% Unique Design Guarantee

At Webnotix INC we guarantee that all of our customers’ logos are made from scratch. This way you will have a logo that is tailor made for your requirements. We guarantee that your logo will be unique and impress your clientele.

SMS TERMS AND CONDITIONS

Consent for SMS Communications

The information (Phone Numbers) obtained as part of the SMS consent process will not be shared with third parties for marketing purposes.

Types of SMS Communications

If you have consented to receive text messages from Webnotix INC, you may receive text messages related to updates regarding your service inquiry, orders, deliveries, or other relevant information.

For Example: Hello Thank you for contacting Webnotix INC, how can we help you? Reply Stop to opt-out at any time. Message and data rates may apply, for assistance, text Help” or visit our Privacy Policy and Terms of Service

Message Frequency

By opting in, you consent to receive recurring messages from us. The frequency of these messages may vary depending on the service you’re subscribed to (e.g., weekly, monthly, or as events or promotions arise). Our SMS message frequency will be from 10 to 50 text messages daily across all users. 

Potential Associated Costs

Many carriers charge a fee for each message sent or received. This can vary depending on the carrier’s pricing structure and whether the message is sent domestically or internationally.

How to Opt-in

To opt-in to our messaging service, you must provide explicit consent while submitting a contact form through our website

How to Opt-out

Customer will be able to Opt-out for SMS messaging from Webnotix INC by replying STOP at any time to any received SMS message, once opted-out they will receive no further SMS communication. They can Opt back In at any time by replying START

How to get HELP

For assistance, text “HELP”, email us at support@webnotix.com or call us at (832) 460-0680

For more information about how we collect, use, and protect your personal data, please refer to our Privacy Policy and Terms of Services.

Standard Messaging Disclosures

Message frequency may vary.
Message and data rates may apply.
You can opt out at any time by texting “STOP.”
For assistance, text HELP or visit our website at [https://webnotix.com/]
Visit [https://webnotix.com/privacy-policy/] for privacy policy and [https://webnotix.com/privacy-policy/] for Terms of Services.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

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