TERMS & CONDITIONS

Last Updated: October 6, 2025

Welcome to Avi Web Studios. These Terms and Conditions, alongside any executed Service Agreement or Proposal, govern your use of our website and our professional digital services. Please review them carefully.

1. Introduction & Acceptance of Terms

By accessing the Avi Web Studios website, or by requesting or commissioning any Services from the Agency, you confirm your full and unconditional agreement to be bound by these Terms. If you do not agree with these Terms, you must not use our website or engage our Services. These Terms are designed to ensure clarity, fairness, and mutual respect in our professional relationship.

2. Definitions

  • Agency: Refers to Avi Web Studios, owned and operated by Avinash Kumar Prasad.
  • Client: Refers to the individual or legal entity engaging the Agency's Services.
  • Services: The professional work provided, including but not limited to Web Development, Custom Design, Search Engine Optimization (SEO), Website Maintenance, and Digital Consulting, as detailed in a separate Service Agreement.
  • Service Agreement (S.A.): The formal, written document or proposal specifying the scope, timeline, and cost of the commissioned Services.
  • Deliverables: The final, approved work product created by the Agency for the Client.

3. Services Provided

The Agency commits to providing professional and high-quality Services as defined in the executed S.A. Services are typically delivered in phases requiring Client input and approval. Specific Service types, such as the creation of bespoke websites, SEO campaigns, ongoing maintenance plans, or dedicated landing pages, are governed by the specific terms of the S.A.

4. Client Responsibilities & Obligations

The Client acknowledges and agrees that project success depends significantly on their cooperation. The Client must:

  • Provide all content (text, images, branding materials, etc.) in the required format and by the agreed-upon deadlines.
  • Warrant that all materials provided for inclusion in the Deliverables are legally owned by the Client or licensed for use, and do not infringe upon any third-party intellectual property rights.
  • Designate a single contact person authorized to provide approvals and feedback promptly.
  • Review Deliverables and provide final acceptance or rejection within the specified approval windows.

5. Fees, Payment & Refund Policy

5.1 Payment Structure

A mandatory advance deposit of fifty percent (50%) of the total project fee is required to formally secure and commence any new Service. The remaining balance is due upon completion of pre-defined milestones or upon the final delivery and launch of the Services, as stipulated in the S.A.

5.2 Payment Method

All payments are processed exclusively through **Razorpay** or other secure payment methods agreed upon in writing. The Client is responsible for any transaction fees associated with their chosen payment method.

5.3 Refund Policy

Due to the immediate allocation of resources and commencement of custom intellectual labor upon project start, the following refund policy applies:

  • The Client may request a refund through the Razorpay platform within **two (2) calendar days** of the initial 50% deposit payment, provided no work on the design or development of the Deliverables has commenced.
  • After the 2-day period, or once work has demonstrably commenced (whichever is sooner), all fees paid, including the 50% advance deposit and any subsequent milestone payments, are strictly **non-refundable**.
  • For ongoing services (e.g., maintenance, SEO), cancellations require 30 days' written notice, and no refunds are provided for the current billing period.

6. Intellectual Property / Ownership Rights

6.1 Agency IP

The Agency retains all intellectual property rights to its proprietary tools, frameworks, generic code libraries, non-Client-specific know-how, and development processes used to create the Services.

6.2 Client Ownership

Upon **full and final payment** of all fees specified in the S.A., Avi Web Studios transfers to the Client all intellectual property rights (including copyright) in the final, custom-designed graphic elements, content, and the delivered website structure (the Deliverables). The Agency retains the perpetual right to use the Deliverables for portfolio and promotional purposes.

7. Confidentiality

Both the Agency and the Client agree to hold in confidence all proprietary and confidential business information ("Confidential Information") disclosed by the other party. Confidential Information excludes information that is publicly available or legally required to be disclosed. Neither party shall use the other party’s Confidential Information except as required to perform the Services.

8. Warranties & Disclaimers

8.1 Limited Bug-Fix Warranty

Avi Web Studios provides a **thirty (30) calendar day** warranty commencing from the final launch date of the website. This warranty covers the repair of any bugs, coding errors, or deviations from the approved S.A. directly caused by the Agency. This warranty does not cover issues arising from third-party platform updates, hosting environment changes, or modifications made by the Client or any other third party.

8.2 SEO and Performance Disclaimer

The Client understands and accepts that SEO services involve external variables, including search engine algorithms and competitor activity, which are outside the Agency’s control. **Avi Web Studios makes no warranties or guarantees regarding specific search engine rankings, traffic volume, or resulting revenue.** Our work is based on current best practices and diligent effort.

EXCEPT AS EXPRESSLY PROVIDED IN SECTION 8.1, THE SERVICES AND WEBSITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.

9. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Avi Web Studios, Avinash Kumar Prasad, or any of its partners, employees, or affiliates be liable for any indirect, incidental, special, or consequential damages, including, without limitation, loss of profits, data, use, or goodwill. The total aggregate liability of the Agency under these Terms shall not exceed the total amount of fees paid by the Client to the Agency for the specific Service giving rise to the claim.

10. Third-Party Tools/Links

Our website and Services may integrate or link to third-party tools, platforms, or services (e.g., hosting, payment processors, analytics). Avi Web Studios has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. The use of such third parties is at the Client's own risk.

11. Termination / Suspension

The Agency reserves the right to suspend or terminate the Services and/or access to the website or Client account immediately, without prior notice, if the Client breaches any term of this Agreement, including but not limited to failure to make timely payments or engaging in abusive behavior. Sections 3, 6, 7, 8, 9, 10, and 13 shall survive any termination of this Agreement.

12. Modifications of Terms

Avi Web Studios reserves the right to update or modify these Terms at any time. We will post the revised Terms on this page with the "Last Updated" date. Your continued use of the website or engagement of our Services after any changes constitutes your acceptance of the new Terms.

13. Governing Law & Jurisdiction

These Terms shall be governed and construed in accordance with the laws of **India**. Both parties agree that any disputes arising out of or relating to these Terms will be subject to the exclusive jurisdiction of the competent courts located in **Kolkata, West Bengal, India**.

14. Contact Information

For any questions regarding these Terms and Conditions or the Services, please contact us:

Avi Web Studios
Owner: Avinash Kumar Prasad
Email: dev@aviwebstudios.com
Address: 27/135 kl goswami sarni mahesh serampore Kolkata, IN 712202

Agreement and Consent

By continuing to use the Avi Web Studios website, or by signing a Service Agreement to commission any Services, the Client expressly agrees and consents to all the Terms and Conditions contained herein.