Effective Date: 14-11-2024
Website: www.wetick.in

These Terms and Conditions (“Terms”) constitute a legally binding agreement between We Tick, operated and managed by Utkarsh R Ranjan (“WeTick”, “Company”, “We”, “Us”) and any individual or entity (“User”, “Client”, “You”) accessing or using the website or services.

By accessing or using the Website and/or Services, You acknowledge that You have read, understood, and agreed to be bound by these Terms.

1. DEFINITIONS

1.1 “Services” shall mean digital marketing services, website development, e-commerce solutions, consulting, online courses, hosting facilitation, and any other services offered by WeTick.

1.2 “Website” refers to www.wetick.in and all its subdomains.

1.3 “Third-Party Providers” shall mean external service providers including but not limited to hosting companies, payment gateways, advertising platforms, and analytics tools.

2. SCOPE OF SERVICES

2.1 WeTick provides Services strictly as described in written proposals, invoices, or official communications.

2.2 Any service not expressly mentioned in the agreed scope shall be deemed excluded.

2.3 WeTick reserves the right to modify, expand, or discontinue any Service without prior notice.

3. HOSTING SERVICES DISCLAIMER

3.1 WeTick does not operate or own any web hosting infrastructure.

3.2 Hosting services, where offered, are facilitated through third-party hosting providers such as Hostinger, GoDaddy, or equivalent providers.

3.3 WeTick acts solely as a facilitator, reseller, or manager and shall not be considered a hosting service provider.

3.4 The Company shall not be liable for:

• Server downtime

• Data loss

• Cybersecurity breaches

• Backup failures

• Hosting suspension or termination

3.5 Users agree to comply with the respective Third-Party Provider’s terms and policies.

4. NO ASSURANCE OR GUARANTEE

4.1 WeTick does not guarantee:

• Revenue or profits

• Sales or leads

• Search engine rankings

• Advertising performance

• Business growth or success

4.2 All examples, projections, or case studies are illustrative only and do not constitute guarantees.

5. CLIENT OBLIGATIONS

5.1 The Client shall provide accurate information, approvals, access credentials, and content in a timely manner.

5.2 The Client represents that their business activities are lawful and compliant with applicable regulations.

5.3 Delays caused due to Client inaction shall not be attributable to WeTick.

6. FEES AND PAYMENTS

6.1 All fees shall be payable in advance unless otherwise agreed in writing.

6.2 Payments once made are non-refundable, except where explicitly stated.

6.3 Failure to make timely payment may result in suspension or termination of Services without liability.

6.4 All applicable taxes including GST shall be borne by the Client.

6A. APPS, WEBSIITE AND SOFTWARE DEVELOPMENT – PAYMENT & OWNERSHIP TERMS

6A.1 Advance & Deployment-Based Payment Model

For mobile applications, software, SaaS platforms, or any custom technology development (“Apps & Software”), the Client agrees to the following standard payment structure unless otherwise agreed in writing:

a) 50% of the total project cost shall be paid in advance prior to initiation of development.
b) The remaining 50% shall be paid prior to deployment, handover, or publication of the App or Software on any platform including but not limited to Google Play Store, Apple App Store, servers, or live environments.

6A.2 Non-Payment Consequences

In the event the Client fails to make payment as per the agreed timelines:

a) WeTick shall have the absolute right to withhold:

• Source code

• Admin access

• APIs

• Server credentials

• Application files

• Deployment builds

• Transfer of ownership

• Any project-related assets or leverage

b) WeTick shall not be obligated to deploy, publish, transfer, or release the App or Software in any form.

c) The Client expressly waives any claim, right, or demand over the App or Software until full payment is received.

6A.3 Phase-Based / Milestone Payment Model (Conditional)

In select projects where expressly agreed in writing, the Client and WeTick may follow a phase-based or milestone-based payment structure, where payments are due upon completion of defined development phases.

a) Such a model shall be valid only if explicitly documented and accepted by WeTick in writing.
b) Failure by the Client to release payment for any completed phase shall constitute a material breach of contract.

6A.4 Rights Upon Client Default (Both Models Applicable)

In both advance-based and phase-based models, if the Client defaults on payment:

a) WeTick shall retain all legal, contractual, and equitable rights over the project assets.
b) WeTick shall be fully entitled to suspend work indefinitely without penalty.
c) WeTick shall not be liable for delays, losses, or damages arising from such suspension.

6A.5 Legal Basis & Ownership Protection

These rights are exercised in accordance with:

• The Indian Contract Act, 1872 (Sections 51, 54, and 73)

• The Copyright Act, 1957, wherein source code and software qualify as “literary works”

• Established principles of contractual lien and unpaid seller’s rights

Until full payment is received, all Apps, Software, and associated intellectual property shall be deemed the exclusive property of WeTick, irrespective of partial development or delivery.

6A.6 No Waiver

Any tolerance or delay by WeTick in enforcing these rights shall not be construed as a waiver of its legal or contractual protections.
 

7. REFUNDS AND CANCELLATIONS

7.1 No refunds shall be issued once the Service has commenced.

7.2 Digital products, courses, consultations, and downloadable content are non-returnable and non-refundable.

7.3 Any refund approved shall be processed within 2–5 business days, subject to administrative deductions.

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8. INTELLECTUAL PROPERTY RIGHTS

8.1 All intellectual property created by WeTick shall remain the exclusive property of WeTick until full payment is received.

8.2 Unauthorized reproduction, resale, or distribution is strictly prohibited.

8.3 WeTick reserves the right to showcase completed work for portfolio and promotional purposes.

9. COURSES AND DIGITAL CONTENT

9.1 Course access is provided for personal and non-commercial use only.

9.2 Redistribution, sharing, resale, or recording of content is prohibited.

9.3 Violation may result in immediate termination without refund and legal action.

10. CONFIDENTIALITY

10.1 Both parties agree to maintain confidentiality of proprietary and sensitive information.

10.2 WeTick shall not be responsible for confidentiality breaches caused by Client negligence.

11. LIMITATION OF LIABILITY

11.1 To the maximum extent permitted by law, WeTick shall not be liable for indirect, incidental, or consequential damages.

11.2 Total liability, if any, shall not exceed the amount paid by the Client for the specific Service.

12. TERMINATION

12.1 WeTick may terminate Services immediately in case of:

• Breach of these Terms

• Non-payment

• Illegal or unethical activity

• Violation of platform policies

12.2 No refunds shall be issued upon termination.

 

13. FORCE MAJEURE

13.1 WeTick shall not be liable for failure or delay due to events beyond reasonable control including natural disasters, government actions, internet outages, or platform policy changes.

 

14. MODIFICATION OF TERMS

14.1 WeTick reserves the right to amend these Terms at any time.

14.2 Continued use of the Website or Services constitutes acceptance of updated Terms.

 

15. GOVERNING LAW AND JURISDICTION

15.1 These Terms shall be governed by the laws of India.

15.2 Courts in India shall have exclusive jurisdiction over disputes arising hereunder.

 

16. CONTACT DETAILS

📧 Email: teamwetickindia@gmail.com
🌐 Website: www.wetick.in