Terms and Conditions

In these Terms: 'Account' means credentials or an online workspace used to access a Service; 'Business Day' means a day other than a Saturday, Sunday, or public holiday in the place of the WebCOSS office administering the Order; 'Client', 'Customer', 'you', or 'your' means the person or organisation using the Website or buying Services; 'Client Content' means text, images, video, data, databases, products, trademarks, credentials, instructions, and other material supplied by or for the Client; 'Deliverables' means the items expressly identified for delivery in an Order; 'Fees' means charges stated in an Order; 'Order' means an accepted quotation, Proposal, statement of work, Order Form, support plan, subscription selection, or other written purchase document; 'Services' means the services, software, support, or deliverables supplied by WebCOSS; 'Subscription Service' means a hosted, recurring, account-based, or software-as-a-service offering; 'Third-Party Service' means software, hosting, domains, plugins, themes, APIs, payment services, analytics, communications tools, or other products supplied by someone other than WebCOSS; 'Website' means webcoss.com and its related pages; and 'WebCOSS', 'we', 'us', or 'our' means the WebCOSS business or entity identified in the applicable Order, Proposal, invoice, or other contracting document.

By accessing the Website, submitting an enquiry, accepting an Order, paying an invoice, creating an Account, or using a Service, you agree to these Terms. If you act for an organisation, you confirm that you have authority to bind it. If you do not agree, do not use the Website or Services.

You must be at least 18 years old and legally capable of entering a contract. Services intended for business use must be purchased and used only for legitimate business or professional purposes.

The contract consists of: (a) any signed master services agreement or negotiated contract; (b) the applicable Order and its schedules; (c) any service-level agreement or data-processing addendum expressly incorporated into the Order; (d) these Terms; and (e) documents or policies expressly referenced by the preceding documents.

Earlier items in that list prevail over later items to the extent of a conflict. Marketing pages, demonstrations, estimates, portfolio descriptions, and informal messages do not change the contract unless expressly incorporated into an Order.

The Website provides information about WebCOSS and enables project enquiries. Website content is general information, not professional, legal, financial, tax, cybersecurity, or regulatory advice. We may update, suspend, or withdraw Website content without notice.

You must not misuse the Website, probe or circumvent security, introduce malware, scrape at unreasonable scale, interfere with availability, impersonate another person, submit unlawful or misleading information, or use Website content in violation of intellectual-property rights. We may block access and report suspected unlawful activity.

Services are limited to the scope, assumptions, dependencies, exclusions, deliverables, review rounds, environments, integrations, and acceptance criteria stated in the Order. Anything not expressly included is out of scope and may require a change request and additional Fees.

WebCOSS may use suitable methods, tools, frameworks, libraries, personnel, and subcontractors to deliver the Services, provided that material contractual obligations remain WebCOSS's responsibility. We may make reasonable technical substitutions that do not materially reduce agreed functionality.

Unless an Order says otherwise, a quotation or Proposal is valid for 30 days and may be withdrawn before acceptance. A contract is formed when WebCOSS confirms acceptance, both parties sign, the Client pays a required deposit or first invoice, or work begins at the Client's request, whichever occurs first.

Prices shown on the Website are indicative starting prices and may change based on country, scope, page count, content, functionality, integrations, data migration, licensing, taxes, and support requirements.

The Client must provide timely, accurate, complete, and lawful information; nominate an authorised decision-maker; supply content, access, credentials, brand assets, technical information, and approvals; maintain secure backups of its existing systems and data; review work promptly; and cooperate with reasonable delivery and security instructions.

The Client is responsible for business decisions, legal and regulatory compliance, product claims, prices, taxes, consumer information, accessibility requirements, privacy notices, cookie configuration, marketing consents, industry permissions, and the accuracy and legality of Client Content unless the Order expressly assigns a specific task to WebCOSS.

WebCOSS may rely on approvals and instructions from the Client's nominated contacts. Delays, rework, or loss caused by incomplete, late, inaccurate, or conflicting Client inputs may change the timetable and Fees.

Either party may request a change. WebCOSS will describe the expected effect on scope, Fees, resources, assumptions, and timing. No change is binding until agreed in writing, including by email or an approved project-management record.

Minor technical adjustments required to complete the agreed scope do not require a formal change request if they do not materially reduce functionality or increase the Client's Fees.

Dates are estimates unless the Order expressly states that a date is fixed. Delivery depends on Client cooperation, third parties, hosting, software vendors, app stores, payment providers, domain registries, and other external dependencies.

If the Client delays feedback, content, access, payment, or approval, WebCOSS may pause work, reallocate resources, revise milestones, charge reasonable restart or remobilisation costs, and treat the project as dormant after 30 days of inactivity. A dormant project may require a revised Order before work resumes.

The Client must pay Fees in the currency, instalments, and dates stated in the Order. Unless stated otherwise, Fees exclude VAT, GST, withholding tax, duties, bank charges, card fees, foreign-exchange costs, and Third-Party Service charges. The Client must pay applicable taxes except taxes on WebCOSS's net income.

Invoices are due within the period shown on the invoice or, if none is shown, within 7 days. The Client must raise a good-faith invoice dispute before the due date and pay any undisputed amount on time.

For overdue amounts, WebCOSS may charge interest and recovery costs to the maximum extent permitted by law, suspend work or access, withhold Deliverables, and revise the delivery schedule. Payment obligations are not dependent on the Client obtaining finance, internal approval, sales, rankings, traffic, or other business outcomes.

Deposits reserve capacity and fund discovery or initial work. Once work or capacity reservation has begun, deposits are non-refundable to the extent permitted by law and to the extent they reasonably cover work performed, committed resources, administrative costs, or non-cancellable third-party charges.

A Client cancelling for convenience must pay for Services performed, committed time, approved work in progress, and non-cancellable costs up to the cancellation date, plus any cancellation charge expressly stated in the Order.

If the Client is a UK consumer and the contract is made at a distance or away from business premises, statutory cancellation rights may apply. Where the Client expressly asks WebCOSS to begin during a cancellation period, the Client may be required to pay a proportionate amount for Services supplied before cancellation. The right may end once a service is fully performed after the Client's express request and acknowledgement. Mandatory consumer rights in any jurisdiction remain unaffected.

A project may depend on Third-Party Services such as hosting, domain registration, WordPress, WooCommerce, themes, plugins, APIs, cloud infrastructure, payment gateways, communications tools, analytics, maps, fonts, stock media, artificial-intelligence services, or app stores. Those products are governed by their providers' terms, privacy practices, pricing, availability, and licensing.

Unless included in the Order, the Client purchases and maintains third-party licences and accounts directly. WebCOSS may procure them as the Client's agent and recharge the cost. Renewals, usage charges, vendor price increases, and compliance with third-party terms are the Client's responsibility.

Open-source and third-party components remain subject to their original licences. WebCOSS cannot grant broader rights than the relevant licence permits and is not responsible for vendor outages, deprecations, security vulnerabilities, policy changes, account suspensions, or discontinued features outside WebCOSS's reasonable control.

Where practical, domains, hosting, payment, analytics, and business-critical accounts should be registered in the Client's legal name and controlled by a Client-owned email address. The Client must keep registration and billing information current and protect credentials with strong passwords and multi-factor authentication where available.

If WebCOSS temporarily administers an account, it may retain reasonable access while support or unpaid obligations continue. Transfer assistance may be charged at the applicable rate. WebCOSS is not liable for loss caused by expired domains, unpaid third-party invoices, Client credential sharing, unauthorised changes, or a provider's suspension.

The Client is responsible for all activity under its Accounts, for authorising users, and for promptly removing access when personnel change. Credentials must not be shared except through secure approved methods.

The Client must promptly notify WebCOSS of suspected compromise, unauthorised access, malware, abuse, or security incidents. WebCOSS may require password resets, suspend access, isolate systems, apply emergency patches, or take other reasonable protective measures.

The Client must not use any Service to break the law; infringe rights; distribute malware; facilitate fraud, phishing, abuse, harassment, exploitation, unlawful discrimination, or deceptive practices; send unlawful unsolicited communications; interfere with systems; bypass usage limits; reverse engineer where prohibited; mine cryptocurrency without written approval; host prohibited content; or create material security or reputational risk.

The Client must maintain and publish appropriate end-user terms, privacy information, cookie controls, refund rules, and content policies for any website, ecommerce store, portal, or application operated by the Client. WebCOSS may suspend or remove content reasonably believed to violate this clause, but is not obliged to monitor Client Content.

The Client retains ownership of Client Content and grants WebCOSS a worldwide, non-exclusive, royalty-free licence to host, copy, modify, transmit, display, test, and otherwise use Client Content as necessary to provide, secure, support, and demonstrate the Services.

The Client warrants that it has all rights, notices, consents, permissions, and lawful bases needed for Client Content and instructions, including personal data, images, trademarks, product information, testimonials, mailing lists, and migrated content. The Client must not provide unnecessary special-category, sensitive, payment-card, health, criminal-offence, children's, or government-identifier data unless the parties agree suitable safeguards in writing.

Each party acts as an independent controller for personal data it uses for its own account management, billing, legal compliance, security, and business administration.

Where WebCOSS processes personal data solely on the Client's documented instructions to build, host, maintain, support, migrate, or operate a Client service, the Client is normally the controller and WebCOSS is the processor. The Data Processing Addendum included with these Terms applies where required by applicable data-protection law, unless replaced by a signed addendum.

The Client is responsible for determining whether the Services are suitable for its data, completing required risk assessments, configuring retention and access, responding to end-user requests, and giving lawful privacy information.

Each party retains its pre-existing intellectual property, know-how, templates, methods, code libraries, tools, designs, documentation, processes, and materials ('Background Materials'). Improvements to Background Materials remain owned by the party that created them.

After WebCOSS receives full payment of all amounts due for the relevant project, the Client receives the ownership or licence expressly stated in the Order for bespoke Deliverables. If the Order is silent, WebCOSS assigns to the Client the copyright in final bespoke visual designs and bespoke source code created exclusively for the Client, excluding Background Materials, generic or reusable components, Third-Party Services, open-source components, fonts, stock assets, concepts not selected, working files, development tools, and subscription software.

To the extent WebCOSS Background Materials are embedded in paid Deliverables, WebCOSS grants the Client a perpetual, worldwide, non-exclusive licence to use them only as part of those Deliverables for the Client's internal business and customer-facing operations. Subscription Services are licensed, not sold, for the subscription term.

Unless the Client objects in writing before launch or confidentiality prevents it, WebCOSS may identify the Client by name and logo and display non-confidential screenshots or links in its portfolio, case studies, pitches, and award entries.

The Client may provide suggestions, ideas, or feedback. WebCOSS may use non-confidential feedback without restriction or payment, provided it does not disclose Client Confidential Information or personal data.

Each party must protect the other party's non-public business, technical, security, pricing, customer, and project information using at least reasonable care and use it only for the contract. Confidential Information does not include information lawfully public, already known without restriction, independently developed, or lawfully received from another source.

A party may disclose Confidential Information to personnel, professional advisers, and subcontractors who need it and are bound by confidentiality, or where required by law. Where lawful, the receiving party will give advance notice of compelled disclosure. These obligations continue for five years after termination, and indefinitely for trade secrets and personal data where required by law.

WebCOSS will perform agreed testing. The Client is responsible for user-acceptance testing against the Order, including content, calculations, checkout, tax, shipping, accessibility, privacy, integrations, permissions, and use on the Client's actual devices and workflows.

Unless the Order says otherwise, the Client must report material non-conformities within 10 Business Days after delivery to a review environment or production. A Deliverable is accepted when the Client confirms acceptance, uses it in production, fails to report a material non-conformity within the review period, or requests work beyond correction of an agreed non-conformity.

WebCOSS will correct reproducible material defects that cause a Deliverable not to meet express acceptance criteria, if reported with enough detail during the acceptance or warranty period. Changes, preferences, new requirements, third-party failures, Client changes, and unsupported environments are not defects.

WebCOSS warrants that it will provide Services with reasonable care and skill and that, for 30 days after acceptance unless the Order states another period, bespoke Deliverables will materially conform to the express specifications in the Order.

Except for express warranties and non-excludable statutory rights, Services are provided 'as is' and 'as available'. WebCOSS does not warrant uninterrupted or error-free operation, complete security, compatibility with every device or future third-party update, or achievement of revenue, conversion, traffic, ranking, funding, regulatory approval, or other business outcomes.

Search engines, advertising networks, social platforms, browsers, and marketplaces control their own algorithms, policies, approval processes, rankings, and pricing. WebCOSS does not guarantee a particular rank, traffic level, conversion rate, approval, cost per acquisition, or commercial result.

The Client is responsible for claim substantiation, regulated-industry approvals, offer terms, landing-page legality, audience selection, advertising spend, and final approval of campaigns and content. Historical results, forecasts, audits, and recommendations are not guarantees.

For a Subscription Service, WebCOSS grants the Client a non-exclusive, non-transferable right during the paid term for authorised users to access and use the Service for the Client's internal business purposes, subject to the Order and acceptable-use requirements.

The Client must stay within agreed users, storage, traffic, API, messaging, compute, feature, and other usage limits. Excess use may be restricted or charged at current rates after reasonable notice. WebCOSS may update a Subscription Service to improve security, reliability, compliance, or functionality, and may replace or discontinue features where the overall core service is not materially reduced or where a third party requires the change.

Beta, preview, trial, and experimental features may be changed or withdrawn at any time, may have reduced support, and must not be used for critical or regulated workloads unless expressly approved.

No uptime commitment, response target, recovery objective, or service credit applies unless stated in a service-level agreement. Planned maintenance, emergency maintenance, internet failures, cyberattacks, vendor incidents, Client systems, force majeure, and suspension are excluded from availability calculations where an SLA applies.

Support covers only the systems, hours, channels, and activities stated in the Order. Additional development, content work, recovery, investigation, vendor liaison, emergency response, and out-of-hours work may be charged separately.

Backups are provided only if expressly included. The Client must maintain independent, tested backups of business-critical content and data. Backup availability does not guarantee restoration of every item or every point in time.

WebCOSS uses reasonable technical and organisational measures appropriate to the Services. Security is a shared responsibility: the Client must install required updates where it controls the environment, restrict permissions, use supported software, secure endpoints, monitor accounts, and follow WebCOSS's security guidance.

No system is completely secure. The Client must not publish a vulnerability before giving WebCOSS a reasonable opportunity to investigate and remediate. WebCOSS may coordinate responsible disclosure and take emergency measures to protect affected systems.

WebCOSS may suspend all or part of a Service where reasonably necessary because of overdue payment, security risk, unlawful or prohibited use, excessive use, a third-party provider's action, a legal requirement, or a material breach. Where practicable, WebCOSS will give notice and an opportunity to remedy.

Fees continue during a suspension caused by the Client. WebCOSS will restore access after the issue is resolved and reasonable restoration costs are paid.

A project continues until completion or earlier termination. A Subscription Service begins on the start date in the Order and continues for the initial term. Unless the Order says otherwise, it renews month-to-month after the initial term and either party may stop renewal with at least 30 days' written notice before the next renewal date.

WebCOSS may change recurring Fees on at least 30 days' notice, effective at the next renewal. The Client may prevent renewal if it does not accept the change.

Either party may terminate for material breach if the breach is not remedied within 14 days after written notice, or immediately if the breach cannot be remedied, the other party becomes insolvent, or continued performance would be unlawful or create a serious security risk.

WebCOSS may terminate or suspend for non-payment after giving reasonable notice. Either party may terminate for convenience only where the Order allows it or under clause 11.

On termination, the Client must pay all accrued Fees, committed costs, approved work in progress, and applicable cancellation charges. Rights to use Subscription Services end, and each party must return or securely delete the other's Confidential Information subject to legal retention and backup cycles.

At the Client's request made before termination or within 30 days after it, and subject to payment, WebCOSS will provide a reasonable export of Client Content in a commonly used format where technically available. Migration, restoration, conversion, or transition assistance is chargeable unless included in the Order.

Clauses intended by their nature to survive continue, including payment, intellectual property, confidentiality, data protection, liability, indemnities, dispute resolution, and general provisions.

This clause applies only where the Client acts in the course of business. The Client will indemnify WebCOSS and its personnel against third-party claims, losses, and reasonable costs arising from Client Content, the Client's products or services, unlawful instructions, breach of clause 15 or 16, infringement caused by materials supplied by the Client, or the Client's failure to provide legally required notices, permissions, refunds, taxes, or regulatory compliance.

The indemnified party must promptly notify the other party, allow reasonable control of the defence and settlement, and provide reasonable cooperation. No settlement may admit fault or impose non-monetary obligations on the indemnified party without consent.

Nothing excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, deliberate misconduct, unpaid Fees, breach of confidentiality, infringement of the other party's intellectual property, or any liability that cannot lawfully be excluded.

For business Clients, neither party is liable for indirect, consequential, special, exemplary, or punitive loss, or for loss of profit, revenue, anticipated savings, business opportunity, goodwill, reputation, or data, except that this does not exclude amounts payable under an indemnity for a third-party claim.

For business Clients, each party's aggregate liability arising from a one-time project is limited to the Fees paid or payable for that project. For recurring or Subscription Services, aggregate liability is limited to Fees paid or payable for the affected Service during the 12 months before the event giving rise to liability. If the Order states a different cap, the Order controls.

For consumers, WebCOSS is responsible for reasonably foreseeable loss caused by breach, but not business losses. Consumer statutory rights and remedies remain unaffected.

Neither party is liable for delay or failure caused by events beyond reasonable control, including natural disaster, epidemic, war, terrorism, civil disorder, labour dispute, utility or internet failure, cyberattack, government action, supplier failure, platform outage, or shortage. The affected party will take reasonable steps to reduce impact. Payment obligations for Services already supplied are not excused.

Each party must comply with laws applicable to its performance, including anti-bribery, anti-corruption, sanctions, and export-control laws. The Client must not use Services for prohibited persons, countries, activities, or restricted technologies and must obtain required licences.

WebCOSS may use affiliates, specialists, freelancers, and service providers, including personnel in the UK, India, and other countries, while remaining responsible for material contractual obligations. The Client may not assign the contract without WebCOSS's consent, not to be unreasonably withheld for a genuine business transfer. WebCOSS may assign to an affiliate or as part of a merger, reorganisation, financing, or sale of business.

Unless mandatory law states otherwise, a person who is not a party has no right to enforce the contract.

Contract notices must be in writing and sent to the email or postal address in the Order, invoice, Account, or Contact section. Notices are deemed received when acknowledged, on the next Business Day after email transmission without a delivery failure, or according to tracked delivery records for post. Routine project communications may use agreed project tools.

WebCOSS may update Website-use terms at any time by posting a revised version. Changes to an active project do not apply retrospectively unless required by law or agreed. For Subscription Services, material changes will be notified in advance and apply from the next renewal or another stated effective date. Continued use after the effective date constitutes acceptance where lawful.

The governing law and courts stated in the Order apply. If the Order is silent and the Client is contracting through WebCOSS's UK operations, the contract is governed by the law of England and Wales and the courts of England and Wales have exclusive jurisdiction. If the Order is silent and the Client is contracting through WebCOSS's India operations, the contract is governed by the laws of India and the courts at Anand, Gujarat have exclusive jurisdiction.

Before starting formal proceedings, each party will give written details of the dispute and allow at least 30 days for good-faith negotiation. Nothing prevents urgent injunctive relief or debt recovery. Consumers may rely on mandatory rights and courts available in their home jurisdiction.

The contract is the entire agreement about its subject and replaces prior discussions, without excluding liability for fraud. A waiver must be explicit and applies only to the specific occasion. If a provision is invalid, it will be modified to the minimum extent necessary or severed, and the remainder continues. The relationship is that of independent contractors; neither party may bind the other. Headings are for convenience and 'including' means 'including without limitation'.