TERMS AND CONDITIONS
Terms and Conditions of Use and Engagement with DW2
If you’re seeking a strategic partner for your digital growth and website marketing needs, we welcome you to connect with us at DW2 (DigitalWebWind). The use of any product, service, or feature (the “Materials”) available through this website or offered by DW2 shall be governed by the following Terms of Use.
This website is provided by DW2 and is intended for informational purposes only. By using this site or downloading any materials from it, you agree to abide by the terms and conditions outlined below. If you do not agree with these terms, please do not use the website or download any materials from it.
All content and materials presented on this website (excluding any applicable third-party materials) are the property of DW2 and are protected by international copyright laws and treaty provisions. You agree to comply with all applicable copyright laws and to prevent any unauthorized reproduction or distribution of the materials.
DW2 does not grant any express or implied rights under patents, trademarks, copyrights, or proprietary information through the use of this site. If you believe that any content, image, or material published here mistakenly infringes your copyright or that of any known party, please contact us immediately, and we will promptly remove the disputed content.
DW2 maintains business relationships with a variety of clients, vendors, partners, and organizations. For clarity and ease, terms such as “partnership,” “joint venture,” or “partner” may be used throughout the site. However, these terms do not necessarily imply formal legal relationships and are meant to describe collaborative efforts or mutual interests.
Limited License
Subject to the terms and conditions outlined in these Terms of Use, DW2 (DigitalWebWind) grants you a non-exclusive, non-transferable, and limited right to access, use, and display this website and the materials contained herein. You agree not to interrupt or attempt to disrupt the operation of the website in any manner whatsoever.
Third Party Content
This website may provide information originating from third parties, including but not limited to articles, reports, industry news, tools, calculators, company data, and other informational content (“Third-Party Content”). You acknowledge and agree that such Third-Party Content is neither created nor endorsed by DW2 (DigitalWebWind), and that any products or services referenced therein are not offered, managed, or recommended by DW2.
The Third-Party Content is made available strictly for general informational purposes and should not be interpreted as a recommendation, endorsement, or solicitation. It is not intended to offer tax, legal, financial, or investment advice of any kind. While this content is sourced from providers believed to be reliable, DW2 makes no warranties or guarantees regarding its accuracy, completeness, or timeliness. You agree not to hold DW2, any of its partners, or the providers of such content liable for decisions or actions taken based on your reliance on the Third-Party Content, including but not limited to investment or business decisions, or for any interruption or delay in the delivery of such content.
By interacting with Third-Party Content, you may be directed away from the DW2 website to external platforms or websites operated by unrelated entities. Should you choose to access such third-party sites, you do so entirely at your own risk. It is your responsibility to ensure adequate protection against viruses, malware, or other potentially harmful elements.
DW2 does not guarantee, represent, or warrant the content, services, or products found on any linked websites. The inclusion of external links does not imply that DW2 sponsors, endorses, is affiliated with, or is legally authorized to use any trade name, trademark, logo, or copyrighted material appearing on or accessible via those links — nor does it imply that any third-party site has authorization to use any DW2 branding or intellectual property.
No warranties
This site, the information and materials on the site, and any software made available on the site, are provided “as is” without any representation or warranty, express or implied, of any kind, including, but not limited to, warranties of merchantability, non infringement, or fitness for any particular purpose. There is no warranty of any kind, express or implied, regarding third party content. There is also no warranty that this site will be free of any computer viruses. Some jurisdictions do not allow for the exclusion of implied warranties, so the above exclusions may not apply to you.
Limitation of damages
In no event shall DW2 (DigitalWebWind) or any of its affiliates, partners, officers, employees, or subsidiaries be liable to any individual or entity for any direct, indirect, incidental, special, consequential, or exemplary damages — including, without limitation, lost profits, business interruption, loss of data, loss of programs, or any other damages — arising out of or in connection with the use of, or the inability to use, this website, its content, or any linked external websites, even if DW2 has been expressly advised of the possibility of such damages.
This limitation of liability applies to all causes of action, whether based on contract, warranty, tort, or any other legal theory.
Once you agree to engage with DW2 (DigitalWebWind) for any of our services, you also agree to the following terms and responsibilities:
1. Payment Terms
All payments, including those made via cheque, wire transfer, UPI, PayPal, or other accepted methods, must be payable to DW2 (DigitalWebWind), New Delhi. We will begin work on your project only after we receive written acceptance of our proposal, all required information, and the applicable professional fees.
2. Limitation of Liability
DW2 shall not be liable to the Client or any third party for any direct, indirect, special, incidental, or consequential damages, including (but not limited to) loss of profits, business interruptions, loss of data, or inability to operate the project due to any cause. Our total liability, in any legal proceeding, shall not exceed the total amount charged to and paid by the client.
3. Collections and Late Payments
In case legal action or third-party involvement is required to recover overdue payments, the Client agrees to cover all such costs, including legal fees and collection charges. Additionally, a late payment penalty of 1.5% interest per month (compounded) will be applied to the outstanding amount. All applicable taxes will be charged as per prevailing government regulations.
4. Non-Solicitation of Employees
For the duration of the project and for a period of 24 months thereafter, both parties agree not to solicit, hire, or induce the other party’s employees or past employees to terminate their employment without prior written consent.
5. Assignment & Subcontracting
This agreement, or any rights or obligations under it, may not be assigned, delegated, or subcontracted by either party without prior written approval—except:
DW2 may assign this agreement to any entity that acquires all or substantially all of its business/assets.
DW2 may subcontract work to wholly-owned subsidiaries or trusted third-party providers while remaining primarily responsible for delivery.
However, the Client may not assign this agreement to any direct competitor of DW2.
6. Content Responsibility
The Client agrees to provide all necessary content, text, images, trademarks, and design materials. The Client guarantees they either own or have proper rights/licenses for the use of all provided assets and shall hold DW2 harmless against any claims or liabilities related to their usage.
If no content is supplied, the Client gives DW2 implied permission to source stock or royalty-free content. While DW2 will make best efforts to use appropriate materials, the Client accepts responsibility for final review. DW2 will not be held liable for any copyright or trademark issues after project delivery.
7. Intellectual Property and Source Code
DW2 retains ownership of the website’s design, code, and related assets during development. Upon full and final payment, all rights to the completed work (including source code and designs) will be transferred to the Client.
8. Taxation
If the Client is obligated to deduct tax at source (TDS), they must provide a valid TDS certificate at the time of payment. All professional fees quoted are exclusive of applicable taxes. Any government levies, whether retrospective or not, will be borne by the Client.
9. Project Termination
In the event the Client cancels the project after work has commenced, any advance or milestone payment will not be refundable. The Client also agrees that no claims or disputes can be raised against work completed up to the point of termination.
10. Jurisdiction
This agreement is governed by the laws of India and deemed to be executed in New Delhi. Any disputes, claims, or legal proceedings shall be handled exclusively in the jurisdiction of New Delhi courts.
11. Entire Agreement
This document represents the full agreement between DW2 and the Client. Any services or requirements not explicitly mentioned in the original proposal or statement of work will require a separate estimate or formal addendum.