The Terms and Conditions were last updated on February 1, 2023
These Terms and conditions apply to this website and to the transactions related to our products and services. You may be bound by additional contracts related to your relationship with us or any products or services that you receive from us. If any provisions of the additional contracts conflict with any provisions of these Terms, the provisions of these additional contracts will control and prevail.
By registering with, accessing, or otherwise using this website, you hereby agree to be bound by these Terms and conditions set forth below. The mere use of this website implies the knowledge and acceptance of these Terms and conditions. In some particular cases, we can also ask you to explicitly agree.
By using this website or communicating with us by electronic means, you agree and acknowledge that we may communicate with you electronically on our website or by sending an email to you, and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement, including but not limited to the requirement that such communications should be in writing.
We or our licensors own and control all of the copyright and other intellectual property rights in the website and the data, information, and other resources displayed by or accessible within the website.
4.1 All the rights are reserved
Unless specific content dictates otherwise, you are not granted a license or any other right under Copyright, Trademark, Patent, or other Intellectual Property Rights. This means that you will not use, copy, reproduce, perform, display, distribute, embed into any electronic medium, alter, reverse engineer, decompile, transfer, download, transmit, monetize, sell, market, or commercialize any resources on this website in any form, without our prior written permission, except and only insofar as otherwise stipulated in regulations of mandatory law (such as the right to quote).
Notwithstanding the foregoing, you may forward our newsletter in the electronic form to others who may be interested in visiting our website.
Our website may include hyperlinks or other references to other party’s websites. We do not monitor or review the content of other party’s websites which are linked to from this website. Products or services offered by other websites shall be subject to the applicable Terms and Conditions of those third parties. Opinions expressed or material appearing on those websites are not necessarily shared or endorsed by us.
We will not be responsible for any privacy practices or content of these sites. You bear all risks associated with the use of these websites and any related third-party services. We will not accept any responsibility for any loss or damage in whatever manner, however caused, resulting from your disclosure to third parties of personal information.
By visiting our website, you agree to use it only for the purposes intended and as permitted by these Terms, any additional contracts with us, and applicable laws, regulations, and generally accepted online practices and industry guidelines. You must not use our website or services to use, publish or distribute any material which consists of (or is linked to) malicious computer software; use data collected from our website for any direct marketing activity, or conduct any systematic or automated data collection activities on or in relation to our website.
Engaging in any activity that causes, or may cause, damage to the website or that interferes with the performance, availability, or accessibility of the website is strictly prohibited.
Do not submit any ideas, inventions, works of authorship, or other information that can be considered your own intellectual property that you would like to present to us unless we have first signed an agreement regarding the intellectual property or a non-disclosure agreement. If you disclose it to us absent such written agreement, you grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media.
We may, in our sole discretion, at any time modify or discontinue access to, temporarily or permanently, the website or any Service thereon. You agree that we will not be liable to you or any third party for any such modification, suspension or discontinuance of your access to, or use of, the website or any content that you may have shared on the website. You will not be entitled to any compensation or other payment, even if certain features, settings, and/or any Content you have contributed or have come to rely on, are permanently lost. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
Nothing in this section will limit or exclude any warranty implied by law that it would be unlawful to limit or to exclude. This website and all content on the website are provided on an “as is” and “as available” basis and may include inaccuracies or typographical errors. We expressly disclaim all warranties of any kind, whether express or implied, as to the availability, accuracy, or completeness of the Content. We make no warranty that:
Nothing on this website constitutes or is meant to constitute, legal, financial or medical advice of any kind. If you require advice you should consult an appropriate professional.
The following provisions of this section will apply to the maximum extent permitted by applicable law and will not limit or exclude our liability in respect of any matter which it would be unlawful or illegal for us to limit or to exclude our liability. In no event will we be liable for any direct or indirect damages (including any damages for loss of profits or revenue, loss or corruption of data, software or database, or loss of or harm to property or data) incurred by you or any third party, arising from your access to, or use of, our website.
Except to the extent any additional contract expressly states otherwise, our maximum liability to you for all damages arising out of or related to the website or any products and services marketed or sold through the website, regardless of the form of legal action that imposes liability (whether in contract, equity, negligence, intended conduct, tort or otherwise) will be limited to the total price that you paid to us to purchase such products or services or use the website. Such limit will apply in the aggregate to all of your claims, actions and causes of action of every kind and nature.
To access our website and/or services, you may be required to provide certain information about yourself as part of the registration process. You agree that any information you provide will always be accurate, correct, and up to date.
We have developed a policy to address any privacy concerns you may have. For more information, please see our Privacy Statement and our Cookie Policy.
We are committed to making the content we provide accessible to individuals with disabilities. If you have a disability and are unable to access any portion of our website due to your disability, we ask you to give us a notice including a detailed description of the issue you encountered. If the issue is readily identifiable and resolvable in accordance with industry-standard information technology tools and techniques we will promptly resolve it.
Access to the website from territories or countries where the Content or purchase of the products or Services sold on the website is illegal is prohibited. You may not use this website in violation of export laws and regulations of India.
Through this Website we may engage in affiliate marketing whereby we receive a percentage of or a commission on the sale of services or products on or through this website. We may also accept sponsorships or other forms of advertising compensation from businesses. This disclosure is intended to comply with legal requirements on marketing and advertising which may apply, such as the US Federal Trade Commission Rules.
You may not assign, transfer or sub-contract any of your rights and/or obligations under these Terms and conditions, in whole or in part, to any third party without our prior written consent. Any purported assignment in violation of this Section will be null and void.
Without prejudice to our other rights under these Terms and Conditions, if you breach these Terms and Conditions in any way, we may take such action as we deem appropriate to deal with the breach, including temporarily or permanently suspending your access to the website, contacting your internet service provider to request that they block your access to the website, and/or commence legal action against you.
Except for obligations to pay money hereunder, no delay, failure or omission by either party to carry out or observe any of its obligations hereunder will be deemed to be a breach of these Terms and conditions if and for as long as such delay, failure or omission arises from any cause beyond the reasonable control of that party.
You agree to indemnify, defend and hold us harmless, from and against any and all claims, liabilities, damages, losses and expenses, relating to your violation of these Terms and conditions, and applicable laws, including intellectual property rights and privacy rights. You will promptly reimburse us for our damages, losses, costs and expenses relating to or arising out of such claims.
Failure to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision.
These Terms and Conditions will be interpreted and construed exclusively in English. All notices and correspondence will be written exclusively in that language.
These Terms and Conditions, together with our privacy statement and cookie policy, constitute the entire agreement between you and AestheticAlly in relation to your use of this website.
We may update these Terms and Conditions from time to time. The date provided at the beginning of these Terms and Conditions is the latest revision date. We will give you a written notice of any changes or updates, and the revised Terms and Conditions will become effective from the date that we give you such a notice. Your continued use of this website following the posting of changes or updates will be considered notice of your acceptance to abide by and be bound by these Terms and Conditions. To request a prior version of these Terms and conditions, please contact us.
These Terms and Conditions shall be governed by the laws of India. Any disputes relating to these Terms and Conditions shall be subject to the jurisdiction of the courts of India. If any part or provision of these Terms and Conditions is found by a court or other authority to be invalid and/or unenforceable under applicable law, such part or provision will be modified, deleted and/or enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions. The other provisions will not be affected.
This website is owned and operated by AestheticAlly.
You may contact us regarding these Terms and Conditions through our contact page.
You can also download our Terms and Conditions as a PDF.
To protect misuse of our monthly service, we don’t provide ownership of website design(html, css & javascipt) and all other content(images provided by AestheticAlly) that are created or set by AestheticAlly to clients. This applies to everyone who has or is going to build his/her website on AestheticAlly. In case a client terminates the subscription, then he/she will get all the files and content(image, logo, texts)provided by them in zip file.
1.1 All prices quoted are for the listed services only. Additional services or changes will be quoted in advance and charged accordingly. Deliveries or courier fees are billed separately.
1.2 Estimates are based on agreed design or development time and include up to two sets of minor revisions. Additional revisions will be billed separately.
1.3 A signed purchase order (including a PO number and project value) must be provided before any work can commence.
1.4 If the agreed scope changes, the Company will notify the Client in advance of any additional costs.
1.5 Charges do not cover the release of copyright source files (e.g., PSD, AI, raw code). These files are subject to a separate buy-out fee.
1.6 Payment schedules will be agreed upon during the project. Payment may be billed monthly or upon project phase completion.
1.7 New Clients may be required to pay the full or partial amount upfront. For subsequent work, payments are due within 30 days of the invoice date. Late payments may incur a 2% monthly interest surcharge(minimum Rs.1000 or $25).
1.8 The Company reserves the right to suspend services or withhold deliverables for unpaid accounts exceeding 30 days. Additionally, the Company may charge the Client for any collection or recovery fees related to unpaid accounts.
1.9 The Company reserves the right to invoice for part work or third-party costs if a project is delayed or put on hold by the Client for 4 weeks or more.
1.10 For Shopify redesigns (where the Client owns the Shopify account), each project phase must be prepaid in full. Work for each phase will only commence upon receipt of the payment.
2.1 All projects follow an agreed schedule. Any delays caused by the Client may affect delivery timelines. The Company will notify the Client of any potential delays and offer alternative solutions, which may incur additional costs.
2.2 Project timelines are estimates. The Company is not liable for project overruns.
2.3 The Company may outsource work if it benefits the project. Outsourced work remains under the Company’s responsibility.
2.4 The Company is not liable for errors in deliverables once the Client has approved final proofs or designs.
2.5 The Company reserves the right to suspend a project if there is excessive micromanaging, lack of trust, or reluctance to pay final payments. A reasonable notice will be given to allow the Client to remedy the situation. If unresolved, the project will be suspended or terminated without a refund, and all work will remain the Company’s property.
3.1 If the Company is unable to complete a project due to illness or unforeseen circumstances, a portion or the full amount may be refunded. If partial work is usable for another designer, a percentage refund will be issued based on the work completed.
3.2 If the Client cancels a project, the Company reserves the right to charge for completed work and compensate for any reserved time or third-party costs incurred.
4.1 All creative work, including design concepts, code, and visuals, remains the property of the Company unless explicitly transferred to the Client through a written agreement and buy-out fee.
4.2 The Client is responsible for securing copyright protection if desired. The Company will not be liable for any claims arising from unintentional similarity to third-party trademarks or copyrights.
4.3 The Company may use completed work for self-promotion and marketing unless the Client requests otherwise.
5.1 The Client is responsible for providing all necessary materials (e.g., images, content) with proper licenses and permissions. The Company is not liable for any copyright infringements resulting from the Client’s materials.
5.2 The Company will hold supplied materials for up to 12 months. After this period, materials may be deleted unless the project is still active.
6.1 The Company is not liable for delays or non-performance caused by events beyond its control, such as natural disasters, strikes, or power outages.
6.2 The Client must notify the Company of any quality issues within 5 working days of delivery. Disputes regarding invoices must be raised within 30 days of issuance.
7.1 If the Client requests the Company to process personal data, the Client is responsible for ensuring compliance with applicable data protection laws (e.g., GDPR).
8.1 In case of disputes, both parties will attempt to resolve the matter amicably or through mediation.
8.2 The Company is not responsible for third-party changes made after the completion of work.
These Terms and Conditions may be updated at any time without prior notice. By engaging the Company, the Client acknowledges and agrees to these terms.