Term and Condition
Terms & Conditions
Welcome to www.neshallweb.com. The www.neshallweb.com website (the “Site”) is comprised of various web pages operated by neshallWeb Private Limited (“neshallWeb”). www.neshallweb.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of www.neshallweb.com constitutes your agreement to all such Terms. Please read these terms carefully and keep a copy of them for your reference.
www.neshallweb.com is a Web Development, Application Development, Software Development, Graphics Designing/Creation, Videos Production, Branding strategies, Advertising, Social Media Marketing Site.
neshallWeb is an entry point for businesses to go on the internet. We are helping various businesses and individuals to grow themselves by providing a notable online presence. We build stunning and eye-catching websites for our clients to attract more and more customers. We believe in mutual growth and our aim is not only to provide a website but provide a web platform that attracts higher business growth. In addition to the online presence,we provide mostly all related services such as application development, software development, graphic designing/creations, video production/editing, total branding, advertising, marketing, social media marketing and/or more but not limited to.
Visiting www.neshallweb.com or sending emails to neshallWeb constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that neshallWeb is not responsible for third party access to your account that results from theft or misappropriation of your account. neshallWeb and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
neshallWeb does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.neshallweb.com only with permission of a parent or guardian.
www.neshallweb.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of neshallWeb and neshallWeb is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. neshallWeb is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by neshallWeb of the site or any association with its operators.
Certain services made available via www.neshallweb.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.neshallweb.com domain, you hereby acknowledge and consent that neshallWeb may share such information and data with any third party with whom neshallWeb has a contractual relationship to provide the requested product, service or functionality on behalf of www.neshallweb.com users and customers.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of neshallWeb or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. neshallWeb content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of neshallWeb and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of neshallWeb or our licensors except as expressly authorized by these Terms.
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
neshallWeb has no obligation to monitor the Communication Services. However, neshallWeb reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. neshallWeb reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
neshallWeb reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in neshallWeb’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. neshallWeb does not control or endorse the content, messages or information found in any Communication Service and, therefore, neshallWeb specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized neshallWeb spokespersons, and their views do not necessarily reflect those of neshallWeb.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
neshallWeb does not claim ownership of the materials you provide to www.neshallweb.com (including feedback and suggestions) or post, upload, input or submit to any neshallWeb Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting neshallWeb, our affiliated companies and necessary sub licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. neshallWeb is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in neshallWeb’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
You will be able to connect your neshallWeb account to third party accounts. By connecting your neshallWeb account to your third party account,you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature
We provide service-based products. Where the Initial price/Quotation price/Estimation price is our best guess for the provided services which may vary upon change of features/upgradation/redesigning/any other related changes or variables. You will be obliged to pay the additional cost incurred with such changes. We try to mention all services included in offered price but not required to. We may or may not approach you for service agreement regarding the project, but it will be your responsibility to sign service agreement and officially agreed upon pricing structure and services included in your project. After signing service agreements by both parties, they will have to abide by the prices and the services included in that project.
All cancellation requests must be submitted to neshallWeb. You may submit your cancellation requests by e-mail. Your request will not be considered valid unless and until you receive confirmation from our neshallWeb authorities. We take minimum 2 weeks to process the cancellation request. Cancellation of project is based on service agreement, as agreed with you while starting the project. Once project is released for beta delivery, cannot be canceled. In event of cancellation of project mutually decided between you & neshallWeb, you have to pay for efforts invested in project up to date of cancellation. Source Code, Design or any other material related to project will not be delivered if payment is not settled by you.
neshallWeb helps its customers to the best efforts as possible, and therefore follow considerate cancellation policy. We, as a merchant, provide a service that comes in the form of services. As such, our offering is not a tangible product that can be returned for a refund. It can be used immediately upon receipt; there is no product to return.
neshallWeb undertakes all projects under the purview of Milestones that dictate the direction/road-map followed by the project.
All Web Design/Development/Applications/Graphics/Advertising/Graphics are carried out and accepted upon a complete analysis and creation of a complete scope document, in order to make sure that teams have complete understanding of the work needed to be done, it eliminates possibilities of a project cancellation/reversal/dispute.
Since neshallWeb and the Clientele realize that there is work involved in achieving every milestone of the project and completion of every module, a refund would not be possible for the work already completed.
neshallWeb makes sure that in case of a project termination on a mutual basis, the client has control of all the work done till that date and the money, if paid for further development, is returned.
neshallWeb also respects a decision made by a client to work with a different provider within 48 hours of the project initiation. In such a scenario neshallWeb would refund the amount for the project that has been paid till date.
No cancellations are entertained for those Services that the neshallWeb marketing team has offered on special occasions. These are limited occasion offers and therefore cancellations are not possible.
Development Services and Consulting – if the services opted by you are T&M (Time & Material) based services or Hire Dedicated Developer service, these are nonrefundable.
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We are in service business and doesn’t have tangible item to deliver. So, there is no chance of missing or misplacement of any item. Our deliverables are in form of designs file, software code & compiled application. These deliverable are delivered to you in form of electronic files using our collaboration tool or email. Thereafter you have to save a copy of delivered electronic files on your server or on any storage media. Up-to 30 days from delivery date neshallWeb can re-deliver the electronic files to you, thereafter neshallWeb doesn’t owe the responsibility.
The Service is controlled, operated and administered by neshallWeb from our offices within India. If you access the Service from a location outside India, you are responsible for compliance with all local laws. You agree that you will not use the neshallWeb Content accessed through www.neshallweb.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless neshallWeb, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. neshallWeb reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with neshallWeb in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Arbitration and Conciliation Act, 1996, conducted by a single neutral arbitrator and administered by the Indian Council Of Arbitration, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regard to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Arbitration and Conciliation Act, 1996 governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforce ability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitration and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and neshallWeb agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. NESHALLWEB PRIVATE LIMITED AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
NESHALLWEB PRIVATE LIMITED AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. NESHALLWEB PRIVATE LIMITED AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
neshallWeb reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Gujarat, India and you hereby consent to the exclusive jurisdiction and venue of courts in Gujarat, Indian all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and neshallWeb as a result of this agreement or use of the Site. neshallWeb’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of neshallWeb’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by neshallWeb with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and neshallWeb with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and neshallWeb with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
neshallWeb reserves the right, in its sole discretion, to change the Terms under which www.neshallweb.com is offered.The most current version of the Terms will supersede all previous versions. neshallWeb encourages you to periodically review the Terms to stay informed of our updates.