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Terms and Conditions

Website Subscription Agreement

Welcome to Desire Div. This Agreement outlines the terms and conditions that govern the provision of website design, development, and hosting services on a subscription basis. By subscribing to our services, you agree to be bound by the following terms and conditions.

1. Service Description

The Company agrees to design, develop, host, and maintain a website for the Client based on mutually agreed-upon specifications. The website will remain live and operational as long as the Client complies with the terms set forth in this Agreement, including the timely payment of the subscription fee.

The services provided under this Agreement may include, but are not limited to:

  • Custom website design and development
  • Ongoing website maintenance and updates
  • Hosting services
  • Technical support for website-related issues during the subscription period

2. Ownership of Website Design

The Company retains full ownership of the website design, including its structure, code, and layout. The Client is granted a license to use the website during the term of this Agreement, subject to compliance with all terms and conditions.

If the Client wishes to obtain a copy or backup of the website design (i.e., files, layout, and code), a one-time fee will apply. This fee covers the transfer of the website’s design elements to the Client. However, this transfer does not grant the Client any rights to resell, replicate, or modify the design for other projects without the express permission of the Company.

3. Client Ownership of Website Content

The Client retains full ownership rights to any content (text, images, videos, and other media) uploaded or provided for use on the website. The Company does not claim any ownership over the content, and the Client has the right to download, modify, or remove any content from the website during the term of this Agreement.

Upon termination of this Agreement, the Company will provide the Client with a backup of the website content (excluding the design) if requested within 30 days of termination.

4. Payment Terms

The Client agrees to pay a monthly subscription fee for the services rendered. Payments are due on or before the first day of each month.

If payment is not received within 7 days of the due date, the Company reserves the right to suspend the website, rendering it inaccessible to users until the outstanding payment is received. A late fee may be applied if payment is more than 7 days overdue.

5. Suspension and Restoration of Website

If the Client fails to make the necessary payments by the due date, the Company has the right to suspend the website, making it unavailable online.

The Client may request the restoration of the website within 30 days of the suspension by settling any outstanding subscription payments and paying a restoration fee. If the website remains suspended for more than 30 consecutive days, the Company reserves the right to terminate this Agreement, and the website cannot be restored without entering into a new agreement and paying all applicable fees.

6. Additional Costs

While the subscription fee covers regular maintenance and hosting, the Client may incur additional charges in the following cases:

  • Significant modifications to the website design or functionality
  • Enhanced hosting services requiring more resources than standard hosting
  • Recovery of website files due to Client error or request for backup services
  • Special third-party services or software requested by the Client (e.g., premium plugins, external integrations)

7. Confidentiality

Both the Client and the Company agree to maintain the confidentiality of any proprietary information, trade secrets, or business plans shared during the course of this Agreement. The Company will not disclose any private information related to the Client's business, and the Client agrees not to share or distribute the Company's proprietary design methods, templates, or code without written consent.

8. Liability and Indemnification

The Company will make every effort to ensure that the website operates efficiently and securely. However, the Company will not be liable for:

  • Any temporary downtime caused by hosting issues, maintenance, or technical difficulties outside of the Company's control.
  • Loss of data due to circumstances beyond the Company’s control, such as cyberattacks, server failures, or acts of God.

The Client agrees to indemnify and hold the Company harmless from any claims, damages, liabilities, or losses resulting from the use or misuse of the website.

9. Term and Termination

This Agreement will remain in effect until either party terminates it in writing with 30 days' notice. The Agreement may also be terminated for the following reasons:

  • Failure of the Client to make timely payments
  • Violation of any terms of this Agreement
  • Mutual agreement between the parties

Upon termination, all services provided under this Agreement will cease, and the website may be permanently disabled unless otherwise agreed.

10. Dispute Resolution

Any disputes arising out of or relating to this Agreement will be resolved through negotiation between the parties. If a resolution cannot be reached, the dispute may be referred to mediation or arbitration. Both parties agree to submit to the jurisdiction of the courts located in Gurgaon, Haryana.

11. Governing Law

This Agreement will be governed by and construed in accordance with the laws of India, without regard to its conflict of laws principles.

12. Miscellaneous

  • Entire Agreement: This Agreement constitutes the entire agreement between the parties and supersedes any prior discussions or agreements.
  • Amendments: Any amendments to this Agreement must be made in writing and signed by both parties.
  • Severability: If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.