Terms & Conditions

Website: yogeshkasana.com Effective Date: March 23, 2025 Last Updated: March 23, 2025


1. Introduction and Acceptance

These Terms & Conditions (“Terms”) govern your access to and use of yogeshkasana.com (“Website”), owned and operated by Yogesh Kasana, a freelance web designer and developer based in Jaipur, Rajasthan, India (“I,” “me,” or “my”).

By accessing this Website, submitting an enquiry, booking a consultation, or engaging my services in any capacity, you (“Client” or “you”) confirm that you have read, understood, and agree to be bound by these Terms in their entirety.

These Terms apply to all visitors, prospective clients, and clients of the Website. If you do not agree to these Terms, please discontinue use of this Website immediately.

Note: These Terms govern the general use of this Website and establish the baseline commercial relationship between us. All specific project deliverables, timelines, milestones, and payment schedules are governed by a separate Project Contract / Agreement signed between us prior to commencement of any work. In the event of any conflict between these Terms and a signed Project Contract, the Project Contract shall prevail.


2. Services Offered

Through this Website, I offer the following professional services:

  • Website Design — Custom visual design, UI/UX design, wireframing, and mockups for websites.
  • Website Development — Front-end and back-end development, WordPress development, and deployment of fully functional websites.
  • Website Maintenance — Ongoing maintenance, updates, security monitoring, performance optimisation, and technical support for existing websites, available as a separately purchased maintenance package.

All services are subject to the scope, specifications, and deliverables agreed upon in the signed Project Contract. Nothing on this Website constitutes a binding offer to provide services until a Project Contract has been executed by both parties.


3. Enquiries, Consultations, and Project Engagement

3.1 Enquiry via Contact Form Submitting an enquiry through the contact form on this Website does not create any contractual obligation on either party. It is an expression of interest only.

3.2 Consultation via Calendly Booking a consultation through the Calendly scheduling widget is a preliminary, non-binding step. No services will commence until a Project Contract has been signed and the applicable advance payment has been received.

3.3 Commencement of Work Work on any project will commence only after: (a) A Project Contract has been duly signed by both parties; and (b) The agreed advance payment has been received and cleared.


4. Payment Terms

4.1 Currency Payments may be made in Indian Rupees (INR) or US Dollars (USD), as mutually agreed and specified in the Project Contract.

4.2 Payment Schedule The specific payment structure — including advance amount, milestone payments, and final payment — will be defined in the Project Contract. Typical structures may include an upfront advance payment with the balance due upon delivery, or milestone-based payments, depending on the scope and duration of the project.

4.3 Late Payments If a payment due under the Project Contract is not received within the agreed timeframe, I reserve the right to: (a) Pause or suspend all work on the project until payment is received; (b) Withhold delivery of final files, website access credentials, or go-live authorisation; and (c) Charge reasonable interest on overdue amounts at a rate specified in the Project Contract, or at the rate permissible under applicable Indian law.

4.4 Taxes All quoted fees are exclusive of applicable taxes. Any Goods and Services Tax (GST) or other statutory levies applicable under Indian law shall be borne by the Client, unless expressly stated otherwise in the Project Contract.


5. Revisions Policy

5.1 Included Revisions Each project includes a maximum of 1 to 2 rounds of revisions, as specified in the Project Contract. A “revision” is defined as minor adjustments to the agreed scope of work — such as changes to text, colour, layout, or minor functional tweaks — and does not constitute a change in project scope.

5.2 What Constitutes a Revision vs. a New Scope The following are not considered revisions and will be treated as additional work requiring a separate fee:

  • Addition of new pages, sections, or features not included in the original scope
  • Fundamental redesign of layouts or user flows already approved by the Client
  • Changes requested after the final approved deliverable has been delivered

5.3 Additional Revisions Any revisions beyond the included rounds will be charged at an hourly or per-task rate, as communicated to the Client in writing before the work is carried out.


6. Refund and Cancellation Policy

6.1 No Refunds Once Work Has Commenced Once work on a project has commenced — i.e., following the signing of the Project Contract and receipt of the advance payment — no refunds will be issued under any circumstances, including but not limited to:

  • A change of mind by the Client
  • Dissatisfaction with the design direction (within the agreed scope)
  • Client’s failure to provide required content, feedback, or approvals in a timely manner
  • Client’s decision to discontinue the project mid-way

6.2 Cancellation by Client If a Client cancels a project after commencement, any payments already made are non-refundable. If a milestone-based payment structure is in place, payments corresponding to work already completed will be retained, and no further payments will be due for work not yet commenced.

6.3 Cancellation by Me In the rare event that I am unable to complete a project due to circumstances on my end, I will notify the Client promptly and refund any payments made for work not yet delivered, on a pro-rata basis. This represents the full extent of my liability in such a scenario.

6.4 Pre-Commencement Cancellation If a Client cancels after signing the Project Contract but before any work has commenced, a cancellation fee may apply to cover administrative and scheduling costs, as specified in the Project Contract.


7. Client Responsibilities

To ensure timely and effective delivery of the project, the Client agrees to:

(a) Provide all required content, materials, assets, credentials, and information in a timely manner as requested; (b) Respond to queries, review submissions, and provide feedback within a reasonable timeframe agreed upon in the Project Contract; (c) Ensure that all content, images, logos, and materials provided to me are owned by the Client or that the Client holds valid licences to use them, and that their use does not infringe any third-party intellectual property rights; (d) Obtain all necessary consents, approvals, and legal permissions required for the website’s content and functionality; and (e) Notify me promptly of any changes to project requirements.

Delays caused by the Client’s failure to meet the above responsibilities may result in project timeline extensions or additional charges, which will be communicated in writing.


8. Intellectual Property Rights

8.1 Transfer of Rights Upon Full Payment Upon receipt of full and final payment as specified in the Project Contract, all intellectual property rights in the final delivered work — including but not limited to website designs, custom graphics, and custom-developed code — shall be transferred to the Client. Until such time, all rights remain exclusively with Yogesh Kasana.

8.2 Portfolio Rights I reserve the right to display the completed project in my professional portfolio, on this Website, and on social media platforms for the purposes of showcasing my work, unless the Client expressly requests confidentiality in writing and such request is acknowledged by me.

8.3 Third-Party Assets and Licences Any third-party assets incorporated into the project — including premium themes, plugins, stock images, fonts, or libraries — remain subject to their respective licensing terms. It is the Client’s responsibility to maintain and renew applicable licences after project delivery. I will clearly identify any such third-party assets in the Project Contract or upon delivery.

8.4 Open-Source Components Where open-source software or frameworks are used, they remain subject to their respective open-source licences. These rights are not affected by the transfer of rights under Clause 8.1.


9. Post-Delivery Support and Maintenance

9.1 No Implied Warranty of Ongoing Support Unless a separate Website Maintenance Package has been purchased, my obligations under the Project Contract end upon final delivery and acceptance of the project. I do not provide any post-delivery bug fixes, updates, or technical support as part of the standard project fee.

9.2 Maintenance Packages Website maintenance services — including software updates, security patches, performance monitoring, and minor content updates — are available as separately purchased packages. The scope, pricing, and duration of maintenance packages are defined in a separate maintenance agreement.

9.3 Third-Party Software and Platform Changes I am not responsible for any issues, errors, or degradation in website performance arising from updates to third-party platforms, plugins, themes, browsers, hosting environments, or WordPress core, unless the Client has an active maintenance package that covers such eventualities.


10. Limitation of Liability

10.1 To the fullest extent permitted under applicable Indian law, my total aggregate liability to the Client — whether arising in contract, tort, or otherwise — shall not exceed the total fees actually paid by the Client to me under the applicable Project Contract.

10.2 I shall not be liable for any indirect, incidental, consequential, punitive, or special damages, including but not limited to loss of revenue, loss of profits, loss of data, loss of business opportunity, or reputational damage, even if I have been advised of the possibility of such damages.

10.3 I make no warranties or representations — express or implied — regarding the performance, merchantability, fitness for a particular purpose, or uninterrupted availability of any website developed or maintained under these Terms.

10.4 I am not liable for any losses arising from the Client’s failure to maintain backups, renew hosting or domain subscriptions, or keep third-party software licences current.


11. Confidentiality

Both parties agree to treat as confidential any proprietary or sensitive information shared during the course of the project engagement. I will not disclose the Client’s confidential business information to any third party without prior written consent, except where required by law. The Client similarly agrees not to disclose my unpublished project methodologies, pricing structures, or proprietary workflows to third parties.


12. Website Content and Use

12.1 Permitted Use You may access and use this Website solely for the purpose of learning about my services and initiating a legitimate business enquiry. Any other use is prohibited without prior written consent.

12.2 Prohibited Use You agree not to:

  • Use this Website for any unlawful or fraudulent purpose
  • Submit false, misleading, or defamatory information via any form
  • Attempt to gain unauthorised access to any part of the Website or its underlying systems
  • Copy, reproduce, or distribute any content from this Website without express written permission
  • Use automated tools, bots, or scrapers to extract content from this Website

13. Third-Party Links and Integrations

This Website contains links to third-party services including Google Analytics, Calendly, WhatsApp, and social media platforms. These links are provided for convenience and informational purposes only. I do not endorse, control, or accept responsibility for the content, privacy practices, or terms of any third-party website or service. Your use of third-party services is at your own risk and governed entirely by their respective terms and policies.


14. Governing Law and Jurisdiction

These Terms, and any dispute or claim arising out of or in connection with them (including non-contractual disputes), shall be governed by and construed in accordance with the laws of the Republic of India.

Any disputes arising under or in connection with these Terms that cannot be resolved amicably shall be subject to the exclusive jurisdiction of the Courts of Jaipur, Rajasthan, India.


15. Amendments to These Terms

I reserve the right to revise or update these Terms at any time. The revised Terms will be posted on this page with an updated “Last Updated” date. For ongoing project engagements, the Terms in effect at the time of signing the Project Contract shall govern that engagement, unless both parties agree otherwise in writing.

Your continued use of this Website following any such update constitutes your acceptance of the revised Terms.


16. Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable under applicable law, such provision shall be deemed severed from these Terms without affecting the validity and enforceability of the remaining provisions.


17. Entire Agreement

With respect to the use of this Website, these Terms constitute the entire agreement between you and Yogesh Kasana. With respect to any specific project engagement, these Terms shall be read alongside and are supplemented by the signed Project Contract, which governs all project-specific matters.


18. Contact

For any questions or concerns regarding these Terms, please contact:

Yogesh Kasana 📧 hello@yogeshkasana.com 🌐 yogeshkasana.com ⚖️ Jurisdiction: Courts of Jaipur, Rajasthan, India

 

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