Terms & Conditions of Service
Please Read Carefully: By accessing FreelancingWithLokesh.com, engaging our freelance web design or digital marketing services, or issuing payment for any project quotation, you ("Client", "User", "You") enter into a legally binding agreement governed by these Terms and Conditions.
1. Service Scope & Project Proposals
All web development, custom HTML/CSS coding, WordPress engineering, WooCommerce integration, landing page design, and technical SEO services are executed strictly in accordance with the written project proposal, scope of work, and milestone agreement agreed upon between the Client and Lokesh ("Developer", "We", "Us").
Any features, design revisions, functionality enhancements, or additional pages requested by the Client outside the signed quotation shall be treated as Scope Creep and billed separately as add-on milestones at our standard hourly or fixed-scope rates.
2. Intellectual Property Rights & Source Code Ownership
- Ownership Retention During Development: All custom code, layout designs, prototypes, and staging deliverables remain the exclusive intellectual property of the Developer until the Client has settled 100% of all project invoices and milestone balances in full.
- Transfer of Rights Upon Final Settlement: Upon receipt of full payment, the Developer transfers to the Client a perpetual, non-exclusive license and ownership of the customized frontend code, graphic assets, and text developed expressly for the Client's domain.
- Third-Party Components: Open-source CMS platforms (e.g. WordPress core), third-party plugins, frameworks, and commercial fonts remain subject to their respective open-source (GPL) or proprietary commercial licenses.
- Portfolio & Promotional Rights: Unless the Client has executed a written Non-Disclosure Agreement (NDA) with the Developer prior to kickoff, the Developer reserves the right to showcase the completed website, design screenshots, and performance metrics in online portfolios, case studies, and marketing materials.
3. Client Responsibilities & Content Licensing
- The Client is solely responsible for supplying all required website text, branding logos, product descriptions, video files, and photography in a timely manner.
- The Client expressly represents and warrants that all text copy, trademarks, logos, photography, and materials provided to the Developer are either owned by the Client or legally licensed for commercial web use.
- Indemnification: The Client agrees to indemnify, defend, and hold harmless the Developer from and against any and all claims, copyright infringement lawsuits, liabilities, penalties, or expenses (including legal fees) arising from content, trademarks, or assets supplied by the Client.
4. Search Engine Rankings & Business Results Disclaimer
While the Developer crafts clean, modern, W3C-validated code and implements Google-compliant technical SEO (Core Web Vitals, Schema.org markup, responsive architecture, and sitemaps), the Developer makes no legal promise, warranty, or guarantee regarding specific Google Search rankings, keyword positions, click volumes, lead generation rates, or business revenue.
Search engine algorithms, competitor maneuvers, local Google Business ranking parameters, and market demand fluctuate continuously and remain entirely outside the Developer's operational control.
5. Limitation of Liability
To the maximum extent permitted by applicable Indian and international law:
- Under no circumstances shall the Developer be liable for any indirect, incidental, consequential, special, exemplary, or punitive damagesβincluding but not limited to loss of business profits, lost sales, data corruption, reputation loss, or server downtimeβarising out of the use of or inability to use the delivered website.
- The Developer shall not be held liable for website downtime, security compromises, malware injections, or service failures caused by third-party hosting providers, expired domains, unpatched third-party plugins, client tampering with source files, or weak administrative passwords set by the Client.
- Maximum Monetary Cap: The Developer's total aggregate liability under any legal theory (contract, tort, negligence, or otherwise) shall be strictly capped at and limited to the actual amount paid by the Client to the Developer for the specific milestone or service directly giving rise to the claim.
6. Payment Terms & Invoicing
Invoices must be cleared within 7 calendar days of issuance. Late payments exceeding 14 calendar days may result in temporary suspension of active development, postponement of milestone delivery dates, or temporary staging site access deactivation until outstanding balances are cleared.
7. Termination of Engagement
Either party may terminate a project upon 7 calendar days written notice via official email if the other party materially breaches these Terms and fails to remedy such breach within the notice window. In the event of termination, the Client shall immediately pay the Developer for all work, hours, and milestones completed up to the effective termination date.
8. Governing Law & Legal Jurisdiction
These Terms and Conditions and all contractual engagements shall be governed by and construed in accordance with the substantive laws of the Republic of India. Any legal dispute, arbitration, or proceeding shall be brought exclusively before the courts having territorial jurisdiction in New Delhi, India.