The terms that govern use of our website and our software development services.
These Terms & Conditions (“Terms”) apply to your use of the website codebyweb.com and to all software design, development, integration, hosting, maintenance and related services (the “Services”) provided by ATW STAYS (OPC) PRIVATE LIMITED, a company incorporated in India, trading as CodeByWeb. By using our website, requesting a quotation or engaging us for Services you agree to these Terms. If you are entering into these Terms on behalf of a business, you confirm that you are authorised to bind that business (the “Client”).
Where a signed proposal, quotation, statement of work or master services agreement (together, a “Project Agreement”) exists, it forms part of these Terms. If there is a conflict, the Project Agreement prevails for that project.
We provide custom software and web development, CRM, travel, real estate, hotel, restaurant and business software, APIs and integrations, and related consulting, hosting and support. The scope, deliverables, timeline and fees for each project are set out in the Project Agreement. Anything not listed in the agreed scope is out of scope and may be quoted separately.
The Client agrees to provide timely and accurate requirements, content, brand assets, access credentials, approvals and feedback; to nominate a person who can make decisions; and to ensure it has the right to use all materials it supplies. Delays caused by late input, approvals or third parties may extend timelines and may result in additional charges.
Requests that change the agreed scope, features, designs or technology after approval are treated as change requests. We will tell you the effect on cost and timeline, and work on the change begins only after you approve it in writing (email is sufficient).
Timelines are estimates based on the agreed scope and on the Client meeting its responsibilities. We will work diligently to meet them, but they are not guaranteed, and time is not of the essence unless expressly agreed in writing.
We test deliverables before handing them over. The Client should review and report any issues within 7 days of delivery of each milestone. Deliverables are treated as accepted if no material issue is reported within that period or once they are put into live use. Unless the Project Agreement states otherwise, we will correct defects (bugs that make the software fail to work as agreed) reported within 30 days of final delivery at no extra charge. This does not cover new features, changes in requirements, issues caused by third-party services, Client modifications, misuse, or hosting and environment changes outside our control.
Each party will keep the other’s non-public business, technical and financial information confidential, use it only for the project, and not disclose it except to employees, contractors and advisers who need it and are bound by similar duties, or where required by law. This obligation continues for three years after the project ends, and for as long as trade secrets remain secret.
Hosting, annual maintenance, support and subscription plans (including access to SaaS products such as One, Travel CRM and Prop CRM) are provided under the plan and fees agreed in writing. Unless agreed otherwise, they renew for successive periods, are billed in advance, and may be cancelled by written notice before the next renewal date. Support is provided during business hours in India (excluding public holidays) by email at support@codebyweb.com. Response times are targets and not guarantees.
We apply reasonable technical and organisational safeguards to information in our care. Where we process personal data on the Client’s behalf, the Client is responsible for having a lawful basis and any consents required, and we will process that data only on the Client’s instructions and as needed to provide the Services. Our handling of personal information is described in our Privacy Policy. The Client is responsible for the security of its own credentials, user accounts and devices, and for back-ups unless a back-up service is part of the agreed Services.
We warrant that the Services will be performed with reasonable skill and care. Except as expressly stated in these Terms, all other warranties and conditions, whether express or implied, including fitness for a particular purpose, uninterrupted or error-free operation, and specific business results (such as revenue, rankings or traffic), are excluded to the fullest extent permitted by law. Our website and any demonstration content are provided “as is”.
To the fullest extent permitted by law, we are not liable for any indirect, incidental, special or consequential loss, or for loss of profit, revenue, business, goodwill or data. Our total aggregate liability arising out of or in connection with any project or the Services shall not exceed the fees actually paid to us for the specific Services giving rise to the claim. Nothing in these Terms excludes liability that cannot be excluded by law.
The Client will indemnify and hold us harmless from claims, losses and expenses (including reasonable legal fees) arising from materials, content, data or instructions supplied by the Client, the Client’s breach of these Terms or applicable law, or the Client’s use of the delivered software in an unlawful manner.
Either party may terminate a project by written notice if the other commits a material breach and does not remedy it within 15 days of written notice. The Client may terminate for convenience by written notice; in that case the Client will pay for all work performed and costs incurred up to the termination date, and the Refund Policy applies to any amounts already paid. On termination, we will hand over completed deliverables (subject to payment) and each party will return or delete the other’s confidential information on request. Clauses that by their nature should survive termination will survive.
Neither party is liable for delay or failure caused by events beyond its reasonable control, including natural disasters, epidemics, war, government action, power or internet failures, and failures of third-party hosting, telecom or API providers.
We provide the Services as an independent contractor. Nothing in these Terms creates an employment, partnership or agency relationship. During a project and for 12 months after it ends, neither party will directly solicit for employment the other’s personnel who worked on the project, other than through general job advertisements.
You agree not to misuse the website, attempt unauthorised access, introduce malicious code, scrape it in a way that disrupts it, or use it unlawfully. The content, design, logo and branding of this website belong to us and may not be copied or reused without permission. Links to third-party websites (including prop.codebyweb.com and other CodeByWeb product sites) are provided for convenience and may be governed by their own terms.
These Terms are governed by the laws of India. The parties will first try to resolve any dispute in good faith through discussion. Failing that, the dispute shall be referred to arbitration by a sole arbitrator appointed by mutual consent under the Arbitration and Conciliation Act, 1996, conducted in English. Subject to that, the courts of competent jurisdiction in India shall have exclusive jurisdiction.
These Terms and the Project Agreement are the entire agreement between us for the Services. If any provision is held unenforceable, the remainder stays in effect. A failure to enforce a right is not a waiver. The Client may not assign its rights without our written consent. Notices may be given by email to the addresses each party has provided. We may update these Terms from time to time; the version published on this page on the date you engage us (or the latest version, for website use) applies.
ATW STAYS (OPC) PRIVATE LIMITED, trading as CodeByWeb. Email: support@codebyweb.com.
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