Terms of Use

When you place an order at webservices.prayaam.com, you accept all of the Terms and Conditions expressly set out below and those incorporated by reference. As part of accepting the Terms and Conditions you are also accepting the Privacy Statement. The Privacy Statement reflects our efforts to protect your contact information. We strongly recommend that, as you read this Terms and Conditions, you also access and read the linked information, as they contain further terms and conditions that apply to you as a web services user.

By visiting or using services of the site, you expressly agree to be bound by these terms and to adhere to such Terms and Conditions and all applicable laws and regulations governing this website.

If you break these Terms and Conditions, Prayaam reserves the right to prevent your future use of this website, cancel your order, and/or take appropriate legal action and remedies available against you.

However, we may amend these Terms and Conditions at any time that will apply to future visitors or those making orders. We shall post a revised version of this Agreement, which shall automatically replace the terms of this Agreement. The revised version of this Agreement is automatically effective immediately for new visitors or those making orders. Your continued use of the services provided by the site will constitute your acceptance of the revised Agreement. If you do not agree with the terms of this Agreement or any revised version of this Agreement, simply discontinue using the services of the Site. A “user” is defined as any person accessing any page on our site and affiliate sites either as a member or non-member, and applies to anyone making an order or not making an order.

User’s Eligibility

First and the foremost important thing to making an order, is you agree to accept all the terms and conditions of Prayaam. You may only use the services we provide if you can legally enter into and form binding contracts. If you do not qualify, please do not use the services Things we restrict to Users

  • Illegal Activity
    You cannot:
    Register under any false details as regards your registration information or register/use any invalid or unauthorized credit card; Post false, inaccurate, misleading, defamatory, or libelous content (including personal information)
  • You may not display or print the Web Site and in no event may you broadcast, circulate, distribute, download, perform, publish, rent, reproduce, sell, store, transmit or create decorative works from the Web Site.
  • Other Restricted Contents

Without limiting the foregoing, you agree not to transmit, distribute, post, communicate or store information or other material on, to or through the Web Site that:

  • Is patently offensive to the online community, such as User Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; could be harmful to minors;
  • That harasses or advocates harassment of another person;
  • Involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
  • Promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  • Is copyrighted, unless you are the copyright owner;

Violation of Terms and Conditions

Violations of these Terms and Conditions, including Unauthorized Use of the Site, may be investigated and appropriate legal action may be taken, including without limitation civil, criminal and injunctive redress.

Without limiting our other remedies, we may limit your activity on the Site, immediately issue a warning, suspend or terminate your user registration and refuse to provide our services to you and take technical and legal steps to keep users off the Site without notice to you if Prayaam believes that

  • you breach this agreement or any document it incorporates by reference;
  • you are unwilling to cooperate with our investigation of a complaint or reported violation;
  • we are unable to verify or authenticate any information you provide;
  • we believe your conduct may cause legal liability for you, for other members, or for Prayaam.

We also reserve the right to cancel orders. Full refund will be given in this case. You agree that monetary damages may not provide a sufficient remedy to Prayaam for violations of these Terms and you consent to injunctive or other equitable relief for such violations.

Fees

You encounter no fees in being a "user" of this site. You are only liable to pay when you have chosen a package and placed an order. If payment is not made, we reserve the right to cancel the order without letting you know. If payment is made, we will happily begin your webservices order. No claim in any form, monetary or non-monetary, can be made against Prayaam (including its parent, subsidiaries, affiliates, officers, owners, directors, attorneys, agents and employees) if the deadline date is not reached in time. Prayaam charge 10% of the amount at the time of placing an order for web services. Rest of the payments will be milestone based payments and will be agreed between the user and Prayaam's representative who will work on your order. We always try to ensure that you see the output deliverable before making additional payments and hence based on nature of works, milestone dates and associated payments will be finalized.

Delivery of Web Services

By placing an order on our site you agreeing to the following terms. The turnaround delivery times on our site is an expected delivery time only. Although experience suggests the expected delivery time is very accurate, it is not, however, guaranteed that the delivery time will be always be met. Since milestone dates and associated payments will be agreed at the time of initiating work, no chargebacks will be considered.

Customer care rights

We aim to reply to all emails within 24 hours. However, you are fully aware that by placing an order on our site does not guarantee that any of your emails will be answered within 24 hours. Your order guarantees you the right to receive any email reply within 72 hours. You are fully aware of your customer care rights set out here and therefore no chargeback claims can be awarded in the event of an unanswered email in any circumstances until the 72 hour period has fully elapsed.

Revision Rights

Requirements for web services will need to shared in all required level of details at the start of the milestone. While, customer will have feedback rights to ensure that the end deliverable is as per expectations, we do not expect revisions post completion of milestone. If there are any major deviations in effort due to revision request from user, Prayaam may decide to charge additionally for any such revisions.

Refund Policy

Prayaam reserves right to refund or reject such request based on the status of the order and execution stage. If you wish to get refund as soon as you placed the order, we deduct only applicable fees for such payments. Any refund may take up to 21 business days to process.

For claiming refund, you will be required to fill up a simple refund request form for which our customer support representative will get in touch with you. Please note that filling up the form is mandatory and if we do not find responses to questions in form satisfactory then we reserve the right to deny the refund. Your responses in the form are used by our quality assurance team to understand your reasons for refund which in turn helps us improve quality of our services.

Refunds are not applicable in following scenarios,

  • Once we start working on your requirements or revisions as per your feedback, no refund can be claimed since your request for revisions will be treated as your confirmation to proceed further with shortlisted mockup(s).
  • If the mockup(s) delivered to you are based on an explicit design idea shared by you, e.g. a sketch, or the mockups are just a recreation of an existing website design shared by you.
  • No refund is available for design firms or for those who order our design services on behalf of another entity.
  • No refund is provided in case you are getting your web services design or development done simultaneously from multiple designers/firms/services.
  • You shall forfeit the right to a refund when you receive the final file of your website. The final files are the source code files at the end of the milestone.
  • Provided timeframe for delivery is tentative in nature and there might be a delay, though insignificant, due to factors like local holidays, complexity of project and current work load. In case of such delays (up to 10 working days from tentative delivery date), refund is not applicable. Further, please note that that provided timeframe is for first set of mockups which may or may not include all concepts depending on compexity of the project.

You shall have 15 working days to respond to each query sent to you for a milestone. If you have failed to respond, Prayaam will assume that your project's milestone is complete and the project shall be deemed completed. At such time, Prayaam will have no further obligation to you, and you will pay Prayaam pursuant to the provisions of these Terms and Conditions. Notwithstanding the foregoing, Prayaam reserves the right, in its sole discretion, to terminate your access to all or a portion of the Service, at any time, with or without notice. In the event of such termination, Prayaam will determine, in its sole discretion, whether you are entitled to any refund.

No Warranty

Prayaam (including its parent, subsidiaries, affiliates, officers, owners, directors, attorneys, agents and employees) will not be liable for any other users’ actions or design set of web services given to the user. "Liable" means Prayaam will not be held liable for any claim made against it expressed in any form or way (this includes but is not limited to claims on grounds of any economic losses, any loss of goodwill or reputation, or any special, indirect, consequential, incidental, exemplary damages. Prayaam delivers the web services designs on best attempt to satisfy each customer. If the customer is unsatisfied then the customer may request refund if applicable to the extent of specific milestone, no action, matter or claim can be taken further against Prayaam in anyway or form. It is impossible for Prayaam to know the copyright associated with each web site in the world, thus it is the sole responsibility of the person making the order with Prayaam to adhere to copyright laws. No claim on reasons of copyright can be made against Prayaam by anyone or any organisation on any reasons associated with the design of the web services we deliver to our customers (this includes but is not limited to claims on its similarity to other web services or its breach of copyright laws). Though we use several techniques to verify the information provided by users is accurate, user verification on the Internet is not an easy task. So we cannot and do not confirm the purported identity of users or the validity of the information which users post to the Site. We request you to please use caution, common sense, and practice safe trading when using the Site. We (including our parent, subsidiaries, affiliates, officers, owners, directors, agents and employees) also have no liability of any sort (including liability for negligence) for the wrongful acts of its users – in accordance with the terms and conditions and for the acts or omissions of other providers of telecommunications services or for faults in or failures of their networks and equipment.

In the event that you have any right, claim or action against any other user arising from that user's use of the Site, you agree to pursue such right, claim or action independently of and without recourse to us, and you release Prayaam (including its parent, subsidiaries, affiliates, officers, owners, directors, agents and employees) from all claims, liability, damages, losses, costs and expenses, including legal fees, known and unknown, arising from or in any way connected with such right, claim or action.

Licence

To enable Prayaam to use your information, you grant us a non-exclusive, world-wide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) licence to exercise the copyright, trade mark, publicity, and database rights you have in your information, in any media now known or not currently known. You also waive all moral rights you have in your information to the fullest extent permitted by law. We will provide you with the opportunity to receive any promotional mails and unsubscribe thereafter at anytime suitable to you.

Access and Interference

You agree that you will not use any robot, spider or other automatic device, process or means to access the Site. Nor shall you use any manual process to monitor or copy our web pages or the content contained thereon or for any other unauthorized purpose without our prior expressed written permission. You agree that you will not use any device, software or routine that interferes with the proper working of the Site nor shall you attempt to interfere with the proper working of the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content in any way, form, detail or design from the Site without the prior expressed written permission of Prayaam and the third party, as applicable. We reserve the right to take legal action if this is found to be the case.

Indemnity

You agree to indemnify and hold Prayaam (and its parent, subsidiaries, affiliates, officers, owners, directors, attorneys, agents and employees), harmless against any loss, claim or demand, liability, costs and expenses (including reasonable attorneys' fees), made by any user or third party due to or arising out of your actions or omissions on this site or your violation of any law or the rights of a third party. You and Prayaam are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Notices

Except as explicitly stated otherwise, all notices shall be sent to the email addresses you provide to Prayaam during the user registration process. Notice shall be deemed given 48 hours after email is sent, unless we are notified that the email address is invalid.

Dispute Resolution

Disputes between you and Prayaam regarding our services may be reported to contactus@prayaam.com. Our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. We strongly encourage you to first contact us directly to seek a resolution, before resorting to other alternatives.

Copyright Policy

You acknowledge and agree that our patents, trademarks, trade names, service marks, copyrights and other intellectual property is and shall remain our sole property, and nothing in this agreement shall confer in you any right of ownership or license rights in our Intellectual Property. The software and the Site, including without limitation all text, graphics, logos, buttons, icons, images, audio clips, and computer programs, are the property of Prayaam or its suppliers, and are protected by international copyright, trademark and other applicable laws. Any unauthorized reproduction, modification, distribution, transmission, republication, display, or performance of the software or the content on the site is strictly prohibited. We reserve the right, and will certainly, take legal action if this is found to be the case. We may, also in our sole discretion, decide to terminate a user's rights to use or access to the site prior to that time if we believe that an alleged infringement has occurred.

User will have copyright once the website design and/or source code is delivered by Prayaam in all complete details and all milestone payments have been made by user to Prayaam.

General

If any provision of this User Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforceable. Prayaam will notify its active customers in the event of a merger or acquisition or any other event for any affect on projects in execution stage. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

This User Agreement sets forth the entire understanding and agreement between us with respect to its subject matter. No oral explanation or oral information given by any party shall alter the interpretation of this User Agreement. The agreements terms and conditions will be updated on regular basis as required by governing laws and only latest policies will be deemed applicable.