Terms & Conditions & Master Services Agreement (MSA)
This Master Services Agreement governs all digital design, custom software engineering, mobile application development, cloud hosting, and digital marketing services provided by WebFortune Solutions Please read these terms carefully before commissioning development or remitting advance payments.
By visiting our website, filling out our onboarding planner, commissioning custom development, approving a project proposal, remitting an advance deposit, or enrolling in any service subscription with WebFortune Solutions, you explicitly acknowledge and agree to be contractually bound by these Terms and Conditions. This digital document constitutes a valid, legally enforceable electronic agreement pursuant to Section 10A of the Information Technology Act, 2000 and Section 10 of the Indian Contract Act, 1872.
1. Definitions & Interpretation
Foundational Terms- “Agency” / “WebFortune” / “We”: Refers to WebFortune Solutions, having principal business and commercial operations situated in Korba, Chhattisgarh, India.
- “Client” / “You”: Refers to any business enterprise, proprietorship, partnership, limited liability company, individual founder, or merchant engaging WebFortune for digital software engineering, website development, mobile application builds, or growth consulting.
- “Statement of Work (SOW)” / “Project Agreement”: The technical specification document, quote, proforma invoice, or electronic communication explicitly detailing features, deliverables, milestone schedules, and financial terms agreed between both parties.
- “Staging Environment”: The interactive staging server (e.g.
client.webfortune.cloud) where real working prototypes, layouts, database CRUD modules, and responsive user interfaces are presented for client testing prior to public production release. - “Third-Party Providers”: Independent external technology platforms, including but not limited to Meta Platforms (Facebook/Instagram Ads, WhatsApp Cloud API), Google LLC (Google Ads, Maps, Analytics, Play Console), Apple Inc. (App Store), SMS Gateway aggregators (Fast2SMS, MSG91), and Payment Gateways (Razorpay, Cashfree, PhonePe).
- “Confirmation Advance”: The earnest booking deposit (typically 10% to 25% of total project value) deposited by the Client for high-end builds or projects with a budget exceeding ₹25,000/- to lock dedicated engineering bandwidth and provision infrastructure. Projects under ₹10,000/- (such as starter branding websites) do not require an advance.
2. Project Confirmation Protocol: Invoicing & Official Agreement Letter
Onboarding ProtocolTo maintain absolute transparency and eliminate ambiguities, WebFortune follows a formal multi-channel onboarding protocol before any code is committed:
📑 Official Document Dispatch:
Upon finalization of technical project scope, you will be dispatched a formal Proforma Invoice along with an attached official Project Agreement / Statement of Work (SOW) by our team member via your preferred communication channel (WhatsApp, Email, or SMS).
- Itemized Scope of Work (SOW): Contains detailed feature checklists, screen counts, database schemas, third-party API integration points, and responsive device specifications.
- Milestone Roadmap & Delivery SLA: Clear phase checkpoints (Wireframe → Interactive Staging → Production Deployment) and committed delivery timeline (7 to 30 business days).
- Verified Bank Account Details: Official WebFortune GST-registered corporate bank account and UPI details, specifying the 10% – 25% confirmation advance and milestone balances.
- Enforceable Legal Validity: Acknowledging receipt, remitting the confirmation deposit, or replying affirmatively (“Approved”, “Proceed”, “Confirmed”) via WhatsApp, Email, or SMS constitutes valid electronic execution of the contract under the Indian Contract Act, 1872.
3. Commercial Pricing Structure & Advance Payment Policy
Booking PolicyBaseline pricing tiers listed on our public marketing pages serve as honest, transparent starter estimates for standard business architectures.
💼 Advance Payment Policy:
- ₹0 Advance for Starter Branding & Projects Under ₹10,000/-: Clients are not required to pay an advance if they have selected our starter Branding Website package or if the overall project scope is under ₹10,000/-.
- Confirmation Advance for Projects Over ₹25,000/- & High-End Builds: For custom enterprise architectures, bespoke mobile applications, multi-vendor platforms, or projects with a budget exceeding ₹25,000/-, clients are required to remit an initial confirmation advance between 10% to 25% of the total agreed contract value prior to development kickoff.
Purpose of the Confirmation Advance for High-End Projects:
- Exclusive Senior Developer Booking: Full-stack engineers, UI/UX designers, and database architects are reserved exclusively on our production calendar for your project duration.
- Sandbox & Server Infrastructure Provisioning: Covers immediate costs for dedicated staging cloud virtual machines, SSL security certificates, container setups, and domain mappings.
- Filtering Speculative Inquiries: Ensures dedicated engineering hours are focused on verified commercial builds.
- 100% Milestone Credit: The confirmation advance is not an additional charge—it is 100% credited against your final project invoice.
4. Quality Commitments & ₹0 Defect Remediation Warranty
Agency Accountability🤝 Bilateral Accountability & Flawless Execution Guarantee
While all payments and services are strictly non-refundable, WebFortune provides rigorous quality assurances to protect your investment:
- ₹0 Defect Remediation Warranty: Any software bug, layout discrepancy, broken endpoint, or functional deviation from the approved Statement of Work (SOW) is rectified by our engineering team at ₹0 extra fee prior to and following public launch until your system runs flawlessly.
- Direct Human Access Guarantee: You will never be redirected to automated AI chatbots or junior ticket processors. Every client enjoys direct phone and WhatsApp escalation access to their designated project lead and core developers at +91 73891 24324 or +91 78256 53087 throughout the lifecycle.
- Delivery Transparency: Progress is demonstrated on interactive live staging environments (e.g.
client.webfortune.cloud) so you can review real working code at every milestone.
5. Delivery Timelines, Unforeseen Postponements & Team Responsibility
Timeline SLAStandard project delivery timelines range from 7 to 30 business daysbased on project architecture (e.g. 7–10 days for high-converting branding flagships, 12–20 days for e-commerce platforms, and 20–30 days for full native mobile apps and custom ERPs).
- Unforeseen Postponement Protocol: Delivery dates may occasionally face adjustments during unexpected, certain or uncertain technical circumstances—including external third-party API approval delays (such as Meta Graph API app reviews, WhatsApp Cloud API phone verification, payment gateway merchant KYC reviews, Google Play or Apple App Store review cycles), server edge-case bugs, or unavoidable technical dependencies.
- Proactive Advance Notice & Full Team Responsibility: In any such situation, our team takes complete responsibility. WebFortune will never leave you guessing. Our project lead will proactively inform you in advance, explain the technical situation transparently, provide updated milestone schedules, and deploy dedicated overtime engineering hours to expedite completion as swiftly as possible.
6. Strictly Non-Refundable Policy & Compassionate Considerations
Non-Refundable PolicyStrict Non-Refundable Nature of Digital Services:
Because custom digital software engineering involves immediate, irreversible commitments of senior engineering bandwidth, technical architecture, and dedicated cloud staging infrastructure allocations, all payments, confirmation advances, milestone disbursements, and completed service fees are 100% strictly non-refundable once technical work has commenced or server resources have been provisioned.
🤝 Compassionate Consideration for Documented Force Majeure:
In the rare event of a genuine, documented unforeseen personal emergency, unavoidable permanent business closure, or major force majeure event on the Client's side that prevents project continuation, WebFortune coordinates with the Client in good faith to pause the project without penalties, convert unexpended engineering hours into rolling credits for future digital services, or arrive at a fair mutual accommodation at management discretion.
7. Third-Party Costs, Databases, Cloud Storages & Data Protection
Cloud & Data SecurityWebFortune builds, integrates, and provisions modern cloud architectures. Base development fees cover technical engineering, software implementation, and initial integrations:
🗄️ Database & Cloud Storage Tiers (Starter Included vs. Future Upgrades):
For DATABASES and CLOUD STORAGES (such as MongoDB Atlas, Supabase, PostgreSQL, AWS S3, Cloudflare R2, Google Cloud Storage, or Firebase), WebFortune uses the appropriate starter/basic tier initially to start the project, which is included in our base packages. In the future, if client requirements, user traffic, database records, concurrent queries, or media storage expand beyond starter tier limits, the client must purchase/upgrade to paid tiers of those services directly at prevailing provider rates.
🛡️ Client Data Protection, Security & Direct Account Ownership:
For the client's data protection, confidentiality, and safety, we configure all required databases and cloud storage instances directly under the client's own specific vendor account. WebFortune only requests the necessary authentication credentials and API keys required for technical integration. WebFortune never holds client customer records, database credentials, or storage buckets captive under agency accounts—the Client remains the sole primary owner and administrative custodian of their data at all times.
⚠️ Additional Operational Costs Paid Directly to Providers:
The following recurrent operational charges are funded directly by the Client through their own business accounts:
- Advertising Spends: Direct ad budgets paid to Meta Ads (Facebook/Instagram) or Google Ads. WebFortune configures campaigns and pixels for free under the ₹20,000/- bonus, but ad budget is paid by the Client.
- WhatsApp Business API: Meta conversation-based messaging fees (marketing/utility charges) and third-party Business Solution Provider (BSP) fees.
- Bulk SMS Gateways: Mandatory TRAI DLT registration fees, entity verification fees, and per-SMS carrier transmission charges (e.g. Fast2SMS, MSG91).
- Payment Gateway Fees: Standard per-transaction gateway cuts (e.g. Razorpay 2% + GST, Cashfree, PhonePe).
- App Developer Accounts: One-time Google Play Console registration ($25) and annual Apple Developer Program registration ($99/year).
8. Domain Purchase Flexibility, Renewals & Cloud Server Hosting
Domain & Server SLA🌐 Domain Purchase & Ownership Policy:
- Client Direct Purchase: Clients can purchase their domain directly using their own account with their preferred domain provider (e.g. GoDaddy, Namecheap, Hostinger, Google Domains/Squarespace).
- Agency Assisted Purchase:Alternatively, clients can ask WebFortune to purchase the domain on their behalf. If WebFortune purchases the domain on the client's behalf, the domain renewal cost will be added to future maintenance and annual billing cycles.
- Bandwidth & Traffic Scalability: Included cloud hosting is optimized for standard commercial business operations. If your application experiences rapid viral expansion, massive simultaneous concurrent traffic surges, intensive video streaming, or heavy database throughput beyond standard starter allocations, paid tiers can be upgraded at actual provider infrastructure rates to ensure 100% zero-downtime performance.
- Annual Domain & Server Renewals: Domain names and cloud hosting instances must be renewed annually at prevailing standard commercial renewal rates prior to expiry.
9. 1st-Year Free Maintenance vs. Ongoing Care Plan Subscriptions
Maintenance SLATo ensure rock-solid post-launch stability, WebFortune provides comprehensive first-year technical reassurance:
- Included First-Year Support (Free): Basic technical maintenance, core security patches, framework compatibility updates, and minor content adjustments during the first 12 months from launch are 100% included in your package at zero additional charge.
- Post-First Year Subscriptions (Care Plans): Regular technical maintenance, daily/weekly/monthly catalog additions, promotional banner swaps, database query optimizations, and continuous feature enhancements after completion of the first year transition to our flexible Care Plan subscriptions, payable on an affordable monthly or annual basis tailored to your operational scale.
10. Strict Client Commitment, Zero-Abandonment & Anti-Ghosting Policy
Legal Recourse⚖️ Non-Abandonment & Active Communication Obligation
Once a project scope is confirmed and engineering resources are deployed, clients may not unilaterally pull back, cancel without cause, arbitrarily abandon the project, or ignore communications from our team. Initiating a project and subsequently ditching, blocking phone numbers, or ignoring scheduled milestone reviews constitutes a material breach of contract.
- Advance Forfeiture: Unilateral withdrawal, arbitrary abandonment, or failure to respond to review communications for more than 7 consecutive business days results in immediate forfeiture of any confirmation deposits towards unrecoverable engineering labor and cloud server costs.
- Legal Notice & Damage Recovery: In cases of bad-faith abandonment or ghosting after substantial technical resources have been committed, WebFortune reserves the full legal right to serve formal Legal Demand Notices under the Indian Contract Act, 1872 (Sections 73 & 74) for recovery of the full contract value, accumulated labor hours, operational damages, and legal costs.
- Source Code Lock: Complete production source code, staging credentials, master administrative privileges, and digital assets remain strictly locked until full financial settlement.
11. Staging Review, User Acceptance Testing (UAT) & Source Code Policy
- Interactive Live Staging: Clients test real mobile responsiveness, admin workflows, and forms on live staging (e.g.
client.webfortune.cloud) prior to deployment. - UAT Review Window: Clients are granted a 5-day review period upon staging delivery to submit consolidated feedback and feature verifications against the SOW.
- Turnkey Production Deployment: Master administrative dashboard access, live production hosting, and Play Store / App Store releases are activated upon 100% payment clearance.
- Source Code Policy: Source codes for the projects will not be shared by default. The client receives a fully deployed, high-performance, turnkey production application. If a client explicitly requires the raw source code repository or an intellectual property code transfer, they must communicate directly with our team head to discuss commercial licensing and enter into a formal source code handover agreement.
12. Intellectual Property Rights, Ownership & Licensing
IP Protection- Client Data & Brand Assets: All custom brand designs, registered trademarks, logos, marketing collaterals, product catalog data, customer records, and operational databases belong exclusively and perpetually to the Client with zero vendor lock-in.
- Software Deployment & Proprietary Codebase: Delivered applications are provisioned as turnkey, production-grade cloud software. Source code remains proprietary to WebFortune unless an explicit source code transfer agreement has been negotiated with and approved by the team head.
- Pre-Existing Agency Frameworks: WebFortune retains intellectual property in its pre-existing foundational libraries, generic utility modules, UI starter boilerplates, and automated DevOps deployment scripts incorporated into the project. WebFortune grants the Client an irrevocable, perpetual, royalty-free commercial license to use and run such libraries solely as part of their delivered software.
- Showcase & Portfolio Rights: Unless the Client signs a paid Non-Disclosure Agreement (NDA) with an exclusive stealth-clause rider, WebFortune retains the standard right to showcase the completed platform, screenshots, and live demo links within our public agency portfolio, case studies, and marketing presentations.
13. Confidentiality & Data Protection (DPDP Act, 2023 Compliance)
Both parties agree to hold all proprietary trade secrets, financial records, customer databases, and product strategies in strict confidence:
- Data Privacy: WebFortune complies with Indian data protection regulations under the Digital Personal Data Protection Act, 2023 (DPDP Act) and Section 43A of the IT Act, 2000. Client data is never sold, leased, or transferred to third-party advertising brokers.
- Access Control: Production database access credentials are encrypted, strictly restricted to authorized engineering personnel, and destroyed or handed over to the Client upon final deployment.
14. Client Warranties, Content Legality & Prohibited Business Niches
The Client warrants that all text, imagery, graphics, trademarks, and business credentials supplied to WebFortune for inclusion in the software are legally owned by the Client or properly licensed.
🚫 Strictly Prohibited Niches:
WebFortune does NOT engineer software, platforms, or mobile apps for: illegal or unlicensed gambling/betting, counterfeit goods, adult or sexually explicit content, narcotics, deceptive get-rich-quick financial pyramids, or activities violating Indian Law. Discovery of prohibited operations will result in immediate contract termination with zero refund.
15. Limitation of Liability & Mutual Indemnification
- Cap on Financial Liability: To the maximum extent permitted by applicable Indian law, the total cumulative liability of WebFortune Solutions, its directors, employees, or contractors arising out of or related to this agreement, whether in contract, tort, or otherwise, shall be strictly capped at and limited to the total fee actually remitted by the Client to WebFortune under the specific Statement of Work during the preceding 30 days.
- Exclusion of Consequential Damages: In no event shall WebFortune be liable for any indirect, incidental, punitive, or consequential damages, including loss of business profits, lost turnover, or ad spend losses resulting from third-party server downtimes or external platform algorithm bans.
- Client Indemnification:The Client agrees to indemnify, defend, and hold harmless WebFortune and its personnel against any claims, losses, or legal liabilities arising from the Client's commercial operations, products sold, copyright-infringing content supplied, or regulatory non-compliance.
16. Non-Solicitation of Technical Personnel
During the active term of this agreement and for a period of twenty-four (24) months following project delivery, the Client covenants and agrees not to directly or indirectly solicit, recruit, employ, or contract with any software engineer, designer, or project manager employed by or contracted to WebFortune without the prior express written consent of WebFortune Solutions
17. Force Majeure
Neither party shall be held liable or deemed in breach of contract for failure or delay in fulfilling performance obligations (except for payment obligations already due) if caused by circumstances beyond reasonable control, including natural catastrophes (flood, earthquake, fire), acts of war, civil disturbances, pandemics, government emergency lockdowns, national power grid failures, or nationwide internet blackouts.
18. Termination Protocol & Dispute Resolution
- Termination for Cause: Either party may terminate a project engagement upon written notice if the other party commits a material breach of these terms and fails to remedy such breach within fourteen (14) business days of formal written notification.
- Good-Faith Mediation: In the event of any operational disagreement or claim arising out of this agreement, both parties commit to an initial 15-day period of direct, good-faith executive discussion to arrive at an amicable commercial settlement prior to initiating formal litigation.
19. Severability & Entire Agreement
If any provision or clause of these Terms is held to be invalid, void, or unenforceable by an Indian court of competent jurisdiction, such invalidity shall not affect the validity of the remaining provisions, which shall continue in full legal force and effect. These Terms, together with the approved SOW and Proforma Invoice, constitute the complete and entire agreement between the parties.
20. Governing Law & Exclusive Jurisdiction
Korba, Chhattisgarh JurisdictionThese Terms, all contracts, project invoices, and any disputes, controversies, or legal claims arising out of or in connection with WebFortune's services shall be governed by, interpreted, and construed exclusively in accordance with the substantive laws of India.
21. Official Legal Notices & Corporate Communications
All formal notices, legal communications, and queries regarding this Master Services Agreement must be delivered in writing via verified channels:
Entity: WebFortune Solutions
Principal Operations: Korba, Chhattisgarh, India
Direct Helpline & Escalations: +91 73891 24324
Official Business Hours: Monday through Saturday, 10:00 to 18:00 IST
Official WhatsApp Channel: +91 73891 24324
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