TERMS AND CONDITIONS
Effective Date: 01-06-2026
These Terms and Conditions ("Terms") govern your access to and use of the UperBit website, services, communications, proposals, quotations, invoices, and all related digital solutions provided by UperBit ("UperBit," "we," "our," or "us").
By engaging our services, requesting a quotation, making a payment, approving a proposal, or otherwise working with UperBit, you acknowledge that you have read, understood, and agree to be bound by these Terms.
1. ACCEPTANCE OF TERMS
By using our website or engaging our services, you confirm that:
You have read and understood these Terms and Conditions.
You agree to be legally bound by these Terms.
You are at least 18 years of age or possess the legal capacity to enter into binding agreements in your jurisdiction.
Any information you provide to UperBit is accurate and complete.
If acting on behalf of a company, organization, or other entity, you have the authority to bind that entity to these Terms.
If you do not agree with these Terms, you must not use our services.
2. ABOUT UPERBIT
UperBit is a website development and digital services business operating from Ganderbal, Jammu & Kashmir, India.
UperBit provides professional digital services to clients located in India and worldwide.
We reserve the right to modify, expand, suspend, discontinue, or refuse any service at our discretion.
3. SERVICES
Our services may include, but are not limited to:
WordPress Website Development
WooCommerce Store Development
Shopify Store Development
Odoo Website Development
Odoo E-Commerce Store Development
Custom Coded Website Development
Website Upgrade Services
Website and Store Management Services
Website and Store Migration Services
Logo Design Services
Project specifications, deliverables, timelines, pricing, and scope shall be determined through proposals, quotations, invoices, written communications, or other mutually agreed arrangements.
Any service not expressly included within the agreed project scope shall be considered additional work.
4. ELIGIBILITY
To use our services, you must:
Be legally capable of entering into contracts.
Provide accurate information when requested.
Have the authority to act on behalf of any business or organization you represent.
UperBit reserves the right to refuse service to any individual, organization, or project where permitted by law.
5. CLIENT RESPONSIBILITIES
Clients agree to:
Provide accurate project information.
Supply required content, images, logos, branding materials, credentials, and resources in a timely manner.
Review deliverables and provide feedback within a reasonable timeframe.
Cooperate throughout the project lifecycle.
Ensure that materials supplied to UperBit are lawful and authorized for use.
Make payments according to agreed payment schedules.
Failure to provide required information, approvals, content, or cooperation may result in project delays, suspension, additional costs, or project termination.
UperBit shall not be responsible for delays caused by the client's actions, omissions, or failure to cooperate.
6. PAYMENTS AND BILLING
All project pricing shall be communicated through quotations, invoices, proposals, service packages, or other written communications.
Advance Payment
A minimum advance payment of fifty percent (50%) of the total agreed project value is required before work begins unless otherwise agreed in writing.
No work shall commence until the required advance payment has been received.
Accepted Payment Methods
Payments may be made through:
Razorpay
UPI
Direct Bank Transfer
Any other payment method approved by UperBit
Remaining Balance
The remaining balance must be paid before final project delivery.
Ownership, source files, credentials, websites, stores, logos, designs, or other deliverables shall not be transferred until full payment has been received.
Late Payments
UperBit reserves the right to:
Suspend work.
Delay delivery.
Restrict access to deliverables.
Terminate services.
Pursue available legal remedies.
where payment obligations are not fulfilled.
7. REFUNDS AND CANCELLATIONS
Client Cancellation
If a client cancels a project after work has commenced:
UperBit may retain up to twenty five percent (25%) of the total agreed project value.
Any remaining amount held by UperBit beyond such retention may be refunded where applicable.
Cancellation Due to Illegal or Infringing Content
If a client provides unlawful, pirated, infringing, unauthorized, deceptive, or otherwise prohibited materials and fails to provide acceptable replacements after being requested to do so:
UperBit may immediately suspend or terminate the project.
UperBit may retain up to thirty percent (30%) of the total agreed project value.
Any remaining amount held by UperBit beyond such retention may be refunded where applicable.
Force Majeure Related Cancellation
Where a prolonged force majeure event makes continuation of the project impossible or impractical:
Either party may request cancellation.
UperBit may retain up to twenty five percent (25%) of the total agreed project value.
Any remaining amount held by UperBit beyond such retention may be refunded where applicable.
Refund processing times may vary depending on payment method, banking systems, and applicable regulations.
8. REVISIONS AND SCOPE CHANGES
Included Revisions
Minor revisions that remain within the originally agreed project scope may be provided without additional charges during the development process.
Examples may include:
Text modifications.
Image replacements.
Color adjustments.
Minor spacing adjustments.
Small layout refinements.
Scope Changes
The following may be treated as additional work:
New pages.
New features.
New integrations.
Major redesign requests.
Additional functionality.
Significant changes to previously approved work.
Any request outside the originally agreed scope.
Such requests may require:
Additional fees.
Revised timelines.
Separate quotations.
Additional approvals before work begins.
UperBit reserves the right to determine whether a request constitutes a revision or a scope change.
9. PROJECT TIMELINES
Any project timelines, completion estimates, delivery schedules, or projected completion dates provided by UperBit are estimates only unless expressly agreed otherwise in writing.
Project completion may occur earlier than, on, or after the estimated timeframe depending on:
Project complexity.
Client responsiveness.
Content availability.
Approval delays.
Revision requests.
Third party service providers.
Hosting providers.
Technical requirements.
Unforeseen circumstances.
Clients acknowledge that delays in providing content, approvals, credentials, feedback, or required materials may affect project timelines.
UperBit shall not be liable for delays resulting from circumstances beyond its reasonable control.
Project timelines may be revised where project scope changes or additional work is requested.
10. HOSTING AND DOMAIN SERVICES
UperBit does not provide hosting or domain registration services as part of its standard service offerings unless explicitly agreed otherwise.
Clients are responsible for:
Purchasing hosting services.
Purchasing domain names.
Renewing hosting services.
Renewing domain registrations.
Upon request, UperBit may assist clients with:
Hosting selection.
Domain registration guidance.
Hosting setup.
DNS configuration.
Website deployment.
Any hosting or domain purchased with UperBit's assistance shall remain the responsibility of the client and shall be paid for by the client.
UperBit shall not be liable for:
Hosting provider failures.
Server outages.
Domain expiration.
DNS issues.
Hosting account suspensions.
Third party provider actions.
11. OWNERSHIP AND INTELLECTUAL PROPERTY
Upon full payment of all outstanding fees:
Ownership of the final website, store, logo, design, or other deliverables specifically created for the client shall transfer to the client.
Ownership shall not transfer until all payments have been received in full.
The client retains ownership of:
Business names.
Trademarks.
Logos.
Images.
Content.
Materials supplied by the client.
Any third party software, themes, plugins, services, frameworks, or licenses shall remain subject to their respective license agreements.
12. ATTRIBUTION RIGHTS
UperBit may place a reasonable attribution, credit notice, or branding reference on completed projects.
Clients may request removal of such attribution.
Removal of attribution may be subject to an additional fee communicated to the client before removal.
13. PROJECT DELIVERY
Clients shall be provided a reasonable opportunity to review completed work before final delivery.
Approval of completed work shall constitute acceptance of the deliverables.
UperBit reserves the right to withhold:
Source files.
Website files.
Store files.
Login credentials.
Administrative access.
Final deliverables.
until all outstanding payments have been received.
If a client approves completed work but refuses or fails to make final payment, UperBit may:
Suspend the project.
Withhold delivery.
Terminate services.
Pursue legal remedies available under applicable law.
14. SUPPORT AND MAINTENANCE
Unless expressly included within the purchased service package, project delivery does not include:
Ongoing support.
Maintenance.
Security monitoring.
Content updates.
Software updates.
Troubleshooting.
Bug fixing.
Technical assistance.
Clients requiring continued assistance may purchase:
Website Management Services.
Store Management Services.
Support Services.
Maintenance Services.
Any support requested after project completion may be subject to separate fees.
UperBit reserves the right to determine support availability, pricing, and scope.
15. POST DELIVERY RESPONSIBILITY
Upon project delivery, responsibility for the ongoing operation, maintenance, management, security, and administration of the website or store shall transfer to the client unless a separate support or management service has been purchased.
UperBit shall not be responsible for issues arising from:
Client modifications.
Client negligence.
Unauthorized changes.
Third party plugins.
Third party themes.
Third party integrations.
Hosting providers.
Domain providers.
Platform updates.
Browser changes.
Payment gateway changes.
Security incidents occurring after delivery.
Malware infections occurring after delivery.
Unauthorized access occurring after delivery.
Clients may request assistance in resolving such issues, which may be subject to separate fees.
16. PORTFOLIO AND MARKETING RIGHTS
Unless otherwise agreed in writing, UperBit may display completed projects within:
Portfolios.
Case studies.
Social media platforms.
Marketing materials.
Presentations.
Advertisements.
Promotional content.
This may include:
Project screenshots.
Business names.
Logos.
Publicly available project information.
Clients requiring confidentiality must notify UperBit before project commencement.
UperBit will respect reasonable confidentiality requests communicated in advance.
17. COMMUNICATIONS AND APPROVALS
Project communications may occur through:
Email.
WhatsApp.
Telephone calls.
Google Meet.
Video conferencing platforms.
Other mutually agreed communication channels.
UperBit may rely on instructions, feedback, approvals, and decisions communicated through these channels.
For record keeping and clarity purposes, UperBit may request written confirmation of:
Approvals.
Scope changes.
Project requirements.
Payment arrangements.
Major project decisions.
Where conflicting communications exist, written communications may be relied upon as the primary record.
Clients are responsible for maintaining accurate contact information throughout the project.
18. CLIENT INACTIVITY
Clients are expected to provide content, approvals, credentials, feedback, and other requested materials within a reasonable timeframe.
If a client becomes unresponsive for thirty (30) consecutive days:
The project may be placed on hold.
If a client remains unresponsive for sixty (60) consecutive days:
UperBit may close the project.
Project timelines may become void.
Additional fees may apply if the client later requests project reactivation.
UperBit shall not be responsible for delays caused by client inactivity.
19. PROJECT TERMINATION RIGHTS
UperBit reserves the right to decline, suspend, or terminate any project where permitted by applicable law.
Termination may occur if a client:
Fails to make required payments.
Engages in abusive conduct.
Engages in threatening conduct.
Requests unlawful work.
Requests fraudulent work.
Provides prohibited content.
Provides infringing materials.
Repeatedly fails to cooperate.
Materially changes project requirements without accepting revised pricing or timelines.
Violates these Terms and Conditions.
Where a project is terminated, UperBit may retain amounts reasonably corresponding to work completed, resource allocation, administrative expenses, and applicable cancellation fees.
20. FORCE MAJEURE
UperBit shall not be liable for any delay, interruption, failure, or inability to perform its obligations where such delay or failure results from circumstances beyond its reasonable control, including but not limited to:
Natural disasters.
Floods.
Earthquakes.
Fires.
Pandemics.
Government actions.
Civil unrest.
War.
Terrorism.
Internet outages.
Power failures.
Hosting provider failures.
Data center outages.
Cyberattacks affecting infrastructure.
Labor disputes.
Other force majeure events.
During such events, project timelines may be suspended, extended, or reasonably adjusted without penalty.
UperBit will make reasonable efforts to resume work as soon as circumstances permit.
If a project becomes impossible or impractical to continue due to a prolonged force majeure event, either party may request project cancellation.
In such circumstances, UperBit may retain up to twenty five percent (25%) of the total agreed project value. Any remaining amount held by UperBit beyond such retention may be refunded where applicable.
21. LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, UperBit shall not be liable for:
Indirect damages.
Consequential damages.
Incidental damages.
Special damages.
Loss of profits.
Loss of revenue.
Loss of business opportunities.
Loss of reputation.
Loss of goodwill.
Loss of data.
Third party claims.
UperBit shall not be responsible for losses arising from:
Client negligence.
Client modifications.
Third party software.
Hosting provider failures.
Domain provider failures.
Cyberattacks.
Security incidents occurring after project delivery.
Delays caused by the client.
In all circumstances, UperBit's total liability shall not exceed the total amount paid by the client for the specific project giving rise to the claim.
22. INDEMNIFICATION
The client agrees to indemnify, defend, and hold harmless UperBit, its owners, representatives, contractors, affiliates, and service providers from and against any claims, damages, liabilities, losses, costs, expenses, or legal fees arising from:
Client supplied content.
Client supplied materials.
Violation of intellectual property rights.
Violation of applicable laws.
Misuse of services.
Breach of these Terms and Conditions.
Activities conducted using deliverables provided by UperBit.
23. CONTENT LEGALITY AND COPYRIGHT COMPLIANCE
UperBit does not knowingly use:
Pirated software.
Cracked themes.
Cracked plugins.
Copyright infringing content.
Trademark infringing content.
Unlawful materials.
Clients are solely responsible for ensuring that all content, images, videos, logos, trademarks, text, documents, and materials supplied to UperBit are lawful and properly authorized.
If UperBit reasonably believes that any supplied material may violate applicable laws or third party rights, UperBit may refuse its use and request replacement materials.
Failure to provide suitable replacement materials may result in project suspension or termination.
24. PRIVACY
Client information shall be handled in accordance with UperBit's Privacy Policy.
By using our services, clients acknowledge that they have reviewed and accepted the applicable Privacy Policy.
25. DISPUTE RESOLUTION
In the event of any dispute, claim, or disagreement arising out of or relating to UperBit's services, both parties agree to first attempt to resolve the matter through good faith discussions and mutual cooperation.
Both parties shall make reasonable efforts to reach an amicable resolution before initiating formal legal proceedings.
If the dispute cannot be resolved through mutual discussions within a reasonable period, either party may pursue remedies available under applicable law.
26. GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the laws of India.
Any dispute, claim, or legal proceeding arising out of or relating to these Terms or UperBit's services shall be subject to the exclusive jurisdiction of the competent courts located in Ganderbal, Jammu & Kashmir, India.
27. MODIFICATIONS TO TERMS
UperBit reserves the right to modify, update, amend, or replace these Terms and Conditions at any time.
Updated versions shall become effective upon publication on the website unless otherwise stated.
Continued use of UperBit's services following publication of updated Terms constitutes acceptance of such changes.
28. CONTACT INFORMATION
Business Name: UperBit
Email: wecare@uperbit.com
Phone & WhatsApp: +91 9596009674
Operating Location: Ganderbal, Jammu & Kashmir, India
For questions, notices, support requests, or legal communications, please contact UperBit using the information provided above.