Terms of Service

1. About these terms

This website and the services described on it are operated by PeppyOwl, a sole proprietorship firm of Kanchan registered in India (GSTIN 07BEHPK1425B1Z2) with its principal place of business at Ground Floor, WZ-63, Titarpur, Tagore Garden, New Delhi, West Delhi, Delhi 110027, India. In these terms, “we”, “us” and “our” refer to PeppyOwl, the proprietorship firm of Kanchan; “you” and “client” refer to the person or organisation engaging our services.

By using this website or engaging us for work, you accept these terms. Where a signed proposal, scope document or separate agreement exists between us, that document takes precedence over these terms to the extent of any conflict.

2. Services

We provide web design and development services, including landing page design and build, business website development, e-commerce store development, custom web application development, website performance and search optimisation, and ongoing maintenance under care plans.

The specific services for any engagement are those set out in the written scope document we issue and you approve. Anything not listed in that document is outside the agreed scope.

3. Quotations and scope

Quotations are provided in writing following a discovery discussion and remain valid for thirty days from the date of issue unless stated otherwise. A quotation is based on the requirements you have described; if those requirements change materially, the quotation may be revised.

Work begins once you approve the scope document in writing and the kickoff payment has been received. Requests that fall outside the approved scope will be quoted separately as a change request, and we will not carry out that work or invoice for it until you have approved the change in writing.

4. Fees and payment

• Project fees are fixed as stated in the approved scope document, and are exclusive of applicable taxes unless stated otherwise. Goods and Services Tax is charged at the prevailing rate.
• Unless agreed otherwise, fifty percent of the project fee is invoiced at kickoff and the remaining fifty percent is invoiced on completion, prior to launch or transfer of files.
• Care plans and retainers are invoiced monthly in advance.
• Invoices are payable within seven days of the invoice date.
• Third-party costs — domain registration, hosting, licences, stock assets, paid plugins or APIs — are your responsibility and are either billed to you at cost or purchased directly by you.
• We may suspend work and withhold deliverables on any account where an invoice remains unpaid for more than fifteen days after its due date.

5. Your responsibilities

Delivery depends on your timely cooperation. You agree to provide content, brand assets, access credentials, approvals and feedback within the timeframes set out in the project schedule, and to nominate a single point of contact authorised to approve work on your behalf.

You confirm that any content, images, trademarks or other material you supply to us is either owned by you or licensed for the use intended, and that its use does not infringe the rights of any third party. Where delay in providing materials or approvals causes the schedule to slip, the delivery date is extended accordingly and we are not liable for the consequences of that delay.

6. Revisions

Unless the scope document says otherwise, each project includes two rounds of revisions at the design stage and one round after development. A revision means refining work along an agreed direction. A change of direction after a stage has been approved is a new scope item, and will be quoted and agreed before we act on it.

7. Intellectual property

All intellectual property rights in the deliverables we create specifically for you transfer to you on receipt of full payment for the engagement. Until full payment is received, we retain ownership of all work produced.

We retain ownership of our pre-existing materials, internal tools, frameworks, code libraries and general know-how used in producing the deliverables, and grant you a perpetual, non-exclusive licence to use those elements as incorporated in the deliverables. Third-party components — open source libraries, fonts, plugins and stock assets — remain subject to their own licences, which we will identify on handover.

We may reference the engagement and display the work in our portfolio and marketing materials. If you would prefer we did not, tell us in writing and we will not.

8. Confidentiality

Each party agrees to keep confidential any non-public information disclosed by the other in the course of the engagement, to use it only for the purpose of the engagement, and not to disclose it to third parties except to personnel and contractors who need it and are bound by equivalent obligations. This obligation survives the end of the engagement. We are happy to sign your own non-disclosure agreement.

9. Testing, acceptance and launch

We test deliverables on current versions of major browsers and on representative desktop and mobile devices. We do not support browsers that are no longer maintained by their vendor unless that support is specified in the scope and priced accordingly.

On completion we notify you that the work is ready for review. You have seven days to review and report defects. Deliverables are deemed accepted if no defects are reported within that period, or on first commercial use of the deliverable, whichever comes first.

10. Warranty and post-launch support

We warrant that the services will be performed with reasonable skill and care. For thirty days following launch, we will correct defects in our work at no charge. This warranty does not cover changes made by you or a third party, faults in third-party services or plugins, content changes, new feature requests, or issues arising from hosting you control.

Except as expressly stated, the deliverables are provided without further warranty. We do not warrant that any website will achieve a particular search ranking, conversion rate, traffic level or commercial outcome.

11. Limitation of liability

Nothing in these terms excludes liability that cannot be excluded by law, including liability for fraud or for death or personal injury caused by negligence.

Subject to that, our total aggregate liability arising out of or in connection with an engagement, whether in contract, tort, negligence or otherwise, is limited to the total fees paid by you to us under that engagement in the twelve months preceding the claim. We are not liable for indirect or consequential loss, loss of profit, loss of revenue, loss of anticipated savings, loss of business, loss of goodwill, or loss or corruption of data.

12. Third-party services

Projects commonly rely on third-party platforms and services — hosting providers, content management systems, payment gateways, analytics, courier and shipping APIs. We integrate and configure these services, but we do not control them and are not responsible for their availability, performance, pricing changes, policy changes or discontinuation.

13. Term and termination

Either party may terminate an engagement by giving written notice. On termination you remain liable for all work completed and all third-party costs incurred up to the date of termination, and we will invoice accordingly. Deliverables are released once that invoice is settled.

Care plans may be cancelled by either party with thirty days’ written notice. We may terminate immediately if you materially breach these terms, including through non-payment, or if we are asked to perform work that is unlawful.

Refunds and cancellation charges are dealt with in our refund policy, which forms part of these terms.

14. Acceptable use of this website

You may not use this website in any unlawful manner, attempt to gain unauthorised access to it or any connected system, introduce malicious code, scrape or harvest data from it, or submit false information through its forms. We may restrict access where we reasonably believe this section has been breached.

15. Force majeure

Neither party is liable for failure or delay in performance caused by events beyond its reasonable control, including natural disaster, epidemic, war, civil unrest, government action, industrial action, failure of internet infrastructure or extended outage of a third-party service provider.

16. General

These terms constitute the entire agreement between the parties in respect of their subject matter and supersede any prior discussions or representations. If any provision is found to be unenforceable, the remaining provisions continue in full effect. A failure to enforce a provision is not a waiver of it. Neither party may assign its rights without the other’s written consent, which will not be unreasonably withheld.

We may update these terms from time to time. The version in force for an engagement is the version published on the date the scope document is approved.

17. Governing law and jurisdiction

These terms and any dispute arising from them are governed by the laws of India. The parties will first attempt to resolve any dispute in good faith through discussion. Failing that, the courts at New Delhi, India have exclusive jurisdiction.

18. Contact