Terms of Service
Below are the terms of service applicable to clients availing of a service provided by DrawMyWeb
DATE OF LAST REVISION: NOVEMBER 13, 2022
The following terms and conditions govern all use of the DrawMyWeb website and all content, products, and services, available at or through the website (taken together, the “Website”). It also includes the customer support service (including reading and responding to support messages) provided to you and your customers (“the Services”).
The Website is owned and operated by DrawMyWeb Limited (“DrawMyWeb” or “We/Us/Our”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, DrawMyWeb’s Privacy Policy and procedures that may be published from time to time on this Website by DrawMyWeb (collectively, the “Agreement”). We strive to provide the best possible service to all our customers, but we will not tolerate any unlawful activity or abuse on our platform. We respect freedom of speech and expression unless it is harmful to others. These Terms are imposed to protect you, other DrawMyWeb customers, and us against such harm.
We provide the services at DrawMyWeb site at drawmyweb.com (the “Site”) and all related services including our Website Design, eCommerce Development (the “Plans”), and hourly rate work (collectively, the “Services”) to you, the user, subject to all the terms, conditions, and notices contained or referenced herein (the “Terms”), but excluding any terms you seek to unilaterally impose or incorporate, or which are implied by law, trade custom or course of dealing. By using our Site or our Services, you agree and accept these Terms. For the avoidance of doubt, if we have any other written agreement with you and there is inconsistency or conflict with that agreement and these Terms, that agreement shall have priority.
In addition, when using particular services or materials on this Site, users shall be subject to any posted rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms. All such guidelines or rules are hereby incorporated by reference into these Terms.
We, therefore, recommend that you please read these Terms carefully before using this Site as they affect your rights and liabilities under the law and the basis upon which we will provide our Services, whether you use the Site as a registered user or guest. By using the website or signing up for any Plan, you accept the Terms and agree to obey them.
1.1. DrawMyWeb and its licensors reserve all rights, including but not limited to intellectual property rights, in and to the DrawMyWeb Platform.
1.2. DrawMyWeb reserves the right to change the DrawMyWeb Platform at any time at DrawMyWeb’s sole and absolute discretion.
2.1. We reserve the right, in our sole discretion, to modify or replace any part of this Agreement. It’s your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes.
3.1. In order to access DrawMyWeb, the User must create a DrawMyWeb account, through the DrawMyWeb Platform (the “DrawMyWeb Partner Hub“).
3.2. Where a Client is a legal person, the DrawMyWeb Client Account must be opened in the name of the legal person, and the client information must be provided in respect of the legal person (not the natural person acting on behalf of the legal person).
3.3. The Client may not access or attempt to access the DrawMyWeb Platform by any means other than the interface provided.
4.1. Identity information related to a DrawMyWeb Client Account must be correct and verifiable. The DrawMyWeb Client Account must be used by only one person (being either an entity or a natural person), and each person is allowed to use only one DrawMyWeb Client Account.
4.2. DrawMyWeb reserves the right to validate Client information at any time. DrawMyWeb reserves the right, directly or indirectly through third parties, to make any inquiries necessary to validate the Client’s identity and confirm the Client’s ownership of the Client’s email address and/or financial instrument(s). Failure to provide such information is a breach of these Terms and Conditions.
4.3. DrawMyWeb is not responsible for ensuring and maintaining the secrecy and security of the Client’s password related to the DrawMyWeb Client Account. This is the Client’s sole responsibility. The Client agrees not to disclose the password to any third party and shall be solely responsible for any use of or action that is taken through the use of such a password on the DrawMyWeb Platform. The Client must notify DrawMyWeb Support immediately if the Client suspects that the password has been lost or stolen (e-mail: support@drawmyweb.com).
5.1. In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of India or other applicable jurisdictions. You also agree to (a) provide true, accurate, current, and complete information about yourself as prompted by the Service’s registration form (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or DrawMyWeb has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, DrawMyWeb has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
6.1. All Plans are billed on a monthly or annual subscription payment (unless otherwise agreed in writing with you), this applies to Monthly and Annual Pricing Plans. The minimum term for Plans is 30 days (a month) from the date of sign-up.
7.1. Your subscription (monthly or yearly) will be automatically renewed at the end of the subscription period and you authorize us to collect the applicable monthly or yearly subscription fee for such subscription using any credit/debit cards or other payment mechanisms we have on record for you.
7.2. If you want to cancel your subscription, then you have to reach out to us before the end of the applicable subscription period, and the subscription can be canceled any time before the end of the subscription period.
8.1. You are responsible for providing, at your own expense, all equipment necessary to use the services, including a computer, modem, and Internet access, and may such third-party fees (including payment of all fees associated with such access).
We make reasonable efforts to ensure that all descriptions of the Services available from us (DrawMyWeb) correspond to the actual Services that will be provided to you, however, please note that the exact nature of the Services may vary depending upon your individual requirements and circumstances.
9.1. The materials appearing on the DrawMyWeb site could include technical or other mistakes, inaccuracies, or typographical errors. We may make changes to the materials and services at this site at any time. And we do make changes to our pricing plans thirty (30) days prior to written notice to you.
10.1. You agree to allow us and our staff the right of access to the website and data, as is reasonably needed, for purposes of installing, servicing, configuring, maintaining, inspecting, upgrading, replacing, and removing the services and/or equipment used to receive any of the Services. In doing so, DrawMyWeb will take all reasonable care to ensure the work is completed in a professional manner with minimal interruptions to Services. In all instances, DrawMyWeb’s liability will not exceed what is provided within this Agreement.
11.1. The Client and DrawMyWeb shall keep confidential any information received concerning DrawMyWeb’s, the Client, including the DrawMyWeb Platform, the Project, and the Services (“Confidential Information”).
11.2. In addition, the Client and DrawMyWeb undertake to impose a similar duty of confidentiality on employees, independent contractors, and persons otherwise engaged by the Client and DrawMyWeb, respectively, who participate in the Projects.
11.3. The Client and DrawMyWeb further undertake not to use or disclose Confidential Information after the expiry of a Project. The duty of confidentiality shall apply as long as such information constitutes Confidential Information.
12.1. The materials on the DrawMyWeb website are provided “as is”. DrawMyWeb makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, DrawMyWeb does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet website or otherwise relating to such materials or on any sites linked to this site.
13.1. All logos, products, services, and service names related to these Terms of Service are trademarks of DrawMyWeb. You agree not to display or use in any manner the DrawMyWeb without prior written permission.
14.1. DrawMyWeb does its best to keep all prices on this website current and updated, however, due to a genuine error it may happen that an incorrect price is displayed. For cases like this, we keep our right to cancel the transaction and refund the payment, if such payment has been made.
15.1. Support must be requested through our Partner Hub, Live chat, or by email so that it can be categorized and responded to in a timely manner. You will be notified via email with information about our Partner Hub upon registration which you will find in our User Dashboard.
16.1. If you have not used our services, you may get a refund within a 30 days period from the date of signing up for our services.
17.1. Any controversy or claim arising out of or relating to the Terms shall be settled and adjudicated exclusively by the courts of Chennai in accordance with the laws of India without regard to conflict of law principles.
18.1. The limit of DrawMyWeb’s liability in contract, tort (including negligence), by statute, or otherwise to the client (or its customers) concerning performance or non-performance in any manner related to this agreement, for any and all claims, will not, in the aggregate, exceed the total fees paid by the client to DrawMyWeb under this agreement in the immediately preceding 2 months from the date the claim arose, even if DrawMyWeb is advised in advance of the possibility of the damages in question and even if such damages were foreseeable, and even if client’s remedies fail of their essential purpose. If applicable law limits the application of the provisions of this section, DrawMyWeb’s liability will be limited to the maximum extent permitted.
In no event will DrawMyWeb be liable for any lost profits, or special, indirect, consequential, incidental, or punitive damages arising out of or related to this agreement.
19.1. DrawMyWeb’s website may contain links to third-party websites or services that are not owned or controlled by us.
19.2. DrawMyWeb has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. The inclusion of any link does not imply endorsement by DrawMyWeb of the site. Use of any such linked website is at the user’s own risk.
20.1. This Agreement and any subsequent Service Agreement Addendums constitute the entire agreement between the parties and supersedes all prior and contemporaneous, proposals, discussions, and writings between the parties concerning its subject matter and may only be modified by a written amendment signed by an authorized DrawMyWeb executive, or by posting revised Terms of Service.
21.1. If you have any questions about our Terms or need more details, please contact us by email at support@drawmyweb.com. Please ensure that your query is clear, particularly if it is a request for information about the data, we hold about you.