Terms of Service

Effective Date: January 1, 2025
Last Updated: January 1, 2025

Welcome to BK Web Designs, operated by Byteknight Creations (“we,” “us,” or “our”). These Terms of Service (“Terms”) govern your access to and use of our website (bkwebdesigns.com) and services.

By accessing or using our website and services, you agree to be bound by these Terms. If you do not agree to these Terms, do not use our website or services.

1. Acceptance of Terms

By using our website, requesting services, or entering into a service agreement with BK Web Designs, you:

Acknowledge that you have read and understood these Terms
Agree to be bound by these Terms and all applicable laws
Represent that you are at least 18 years of age or the age of majority in your jurisdiction
Have the authority to enter into a binding agreement

2. Services Offered

BK Web Designs provides digital agency services including, but not limited to:

Web Design & Development
E-commerce Development (Shopify, WooCommerce)
UI/UX Design Services
Digital Marketing (SEO, PPC, Content Marketing, Social Media)
Branding & Identity Design
AI & Automation Services (Chatbots, Workflow Automation)
Consulting and Strategy Services

Specific service details, deliverables, timelines, and pricing are outlined in individual project proposals and contracts.

3. Service Agreements

3.1 Proposals and Contracts

All projects begin with a detailed proposal outlining:

Scope of work and deliverables
Timeline and milestones
Pricing and payment terms
Revision policies
Terms specific to the project

A signed contract or written acceptance of a proposal is required before work begins.

3.2 Project Scope

Work performed is limited to the scope defined in the proposal/contract. Any additional work or changes to scope may result in additional fees and timeline adjustments.

3.3 Client Responsibilities

Clients are responsible for:

Providing timely feedback and approvals
Supplying necessary content, images, credentials, and access
Reviewing and approving deliverables within specified timeframes
Communicating changes or concerns promptly

Delays caused by client inaction may result in project timeline extensions and potential additional fees.

4. Pricing and Payment

4.1 Pricing

Pricing is outlined in individual project proposals. Prices are subject to change for new projects but remain fixed once a proposal is accepted.

4.2 Payment Terms

Unless otherwise specified in the proposal, payment terms are:

Deposit: 50% upfront before work begins
Milestone Payments: For larger projects, payments may be split across milestones
Final Payment: 50% due upon project completion before final delivery
Monthly Retainers: Invoiced monthly, due within 7 days of invoice date

4.3 Payment Methods

We accept payment via:

Bank transfer
Credit/debit card (via Stripe/PayPal)
PayPal
Other methods as agreed in writing

4.4 Late Payments

Late payments may result in:

Late fees of 1.5% per month on overdue balances
Suspension of work until payment is received
Cancellation of services for accounts 30+ days overdue
Legal action for recovery of unpaid amounts plus collection costs

4.5 Refund Policy

Deposit: Non-refundable once work has commenced
Project Cancellation: If a project is cancelled mid-way, payment is due for work completed to date
Unsatisfactory Work: We offer revisions per the contract; refunds are not provided if revision opportunities were not utilized
Service Issues: Refunds considered on a case-by-case basis for service failures on our part

5. Revisions and Approvals

5.1 Revision Rounds

Each project includes a specified number of revision rounds (typically 2-3) as outlined in the proposal.

Revisions are modifications to work already completed within the agreed scope
Additional rounds beyond the contracted amount may incur additional fees
Scope changes (adding new features, pages, or functionality) are not revisions and will be quoted separately

5.2 Approval Process

Clients must review and approve deliverables within the timeframe specified in the contract (typically 5-7 business days). Failure to provide feedback within this timeframe will be considered approval.

5.3 Final Approval

Once final approval is given, further changes may be considered out-of-scope and subject to additional fees.

6. Timeline and Delivery

6.1 Project Timelines

Estimated timelines are provided in proposals and are contingent on:

Timely client feedback and approvals
Receipt of all necessary materials and content
No changes to project scope

6.2 Delays

We are not liable for delays caused by:

Client delays in providing feedback, content, or approvals
Third-party service delays (hosting, domain registration, platform issues)
Circumstances beyond our control (force majeure)

6.3 Launch Guarantees

For projects with a “60-Day Launch Guarantee” (as specified in certain packages), we guarantee launch within 60 days of project kickoff, subject to:

Client meeting all deadlines for feedback and approvals
No scope changes during development
All required materials provided upfront

If we fail to meet the guaranteed timeline due to our delay, the penalty is as outlined in the service agreement (typically $100/day credit).

7. Intellectual Property

7.1 Client-Provided Materials

You retain all rights to content, images, logos, and materials you provide to us. By providing these materials, you grant us a license to use them solely for the purpose of completing your project.

You represent and warrant that you own or have rights to all materials provided and that their use does not infringe on any third-party rights.

7.2 Work Product Ownership

Upon full payment, you own the final deliverables specific to your project, including:

Custom designs created for your brand
Website code and content specific to your site
Branding materials created for your business

7.3 Retained Rights

We retain rights to:

Reusable Components: Templates, code libraries, frameworks, and tools developed by us
Pre-Existing Work: Designs, code, or materials created prior to your project
General Knowledge: Techniques, methods, and processes
Portfolio Use: Right to display your project in our portfolio, case studies, and marketing (unless confidentiality is agreed)

7.4 Third-Party Assets

Projects may incorporate third-party elements:

Licensed Fonts: Subject to their license terms
Stock Images: Licensed separately (costs passed to client or client provides)
Plugins/Themes: Subject to their respective licenses
APIs/Integrations: Subject to third-party terms

You are responsible for maintaining any necessary licenses for third-party assets.

8. Confidentiality

8.1 Confidential Information

We agree to keep confidential any proprietary or sensitive information you share with us during the course of the project, including:

Business strategies and plans
Customer data
Financial information
Unpublished products or services

8.2 Exceptions

Confidentiality obligations do not apply to information that:

Is publicly available
Was known to us before disclosure
Is independently developed by us
Must be disclosed by law

8.3 Non-Disclosure Agreements

We are willing to sign mutual NDAs upon request for projects involving highly sensitive information.

9. Warranties and Disclaimers

9.1 Our Warranties

We warrant that:

Services will be performed in a professional and workmanlike manner
Deliverables will substantially conform to the specifications in the proposal
We have the right to provide the services and deliverables

9.2 Disclaimer of Warranties

EXCEPT AS EXPRESSLY STATED ABOVE, OUR SERVICES AND DELIVERABLES ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

Fitness for a Particular Purpose: We do not guarantee that our services will meet your specific business goals or result in increased revenue, traffic, or conversions
Uninterrupted Service: We do not guarantee that websites, software, or services will be error-free, virus-free, or operate without interruption
Third-Party Services: We are not responsible for the performance, availability, or changes to third-party services (hosting, platforms, plugins)
SEO and Marketing Results: We cannot guarantee specific rankings, traffic, or conversion results from SEO, PPC, or marketing services

10. Limitation of Liability

10.1 Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

Our total liability for any claim arising from services provided shall not exceed the total fees paid by you for the specific project giving rise to the claim
We are not liable for indirect, incidental, consequential, special, or punitive damages, including loss of profits, revenue, data, or business opportunities

10.2 Exceptions

Some jurisdictions do not allow limitation of liability for certain damages. In such cases, our liability is limited to the fullest extent permitted by law.

11. Indemnification

You agree to indemnify, defend, and hold harmless BK Web Designs, its owners, employees, and contractors from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

Your breach of these Terms
Your use of our services
Content or materials you provide
Infringement of third-party intellectual property rights
Violation of applicable laws or regulations

12. Termination

12.1 Termination by Client

You may terminate a project at any time by providing written notice. Upon termination:

You are responsible for payment of all work completed to date
We will provide deliverables completed up to the termination date
Deposits and payments for work completed are non-refundable

12.2 Termination by Us

We reserve the right to terminate services if:

Payment is overdue by 30+ days
You breach these Terms
You engage in abusive or inappropriate behavior toward our team
Continuing the relationship is not feasible

12.3 Effect of Termination

Upon termination:

All outstanding invoices become immediately due
We may cease work and withhold deliverables until payment is received
Confidentiality obligations survive termination

13. Third-Party Services

Our services may integrate with or rely on third-party platforms, tools, and services (e.g., WordPress, Shopify, Google, hosting providers).

We are not responsible for:

Changes to third-party services or APIs
Downtime or performance issues with third-party services
Third-party fees, terms, or policies

You are responsible for:

Maintaining accounts with third-party services
Paying third-party fees directly
Complying with third-party terms of service

14. Website Use

14.1 Acceptable Use

You may use our website for lawful purposes only. You agree not to:

Use the site in any way that violates laws or regulations
Attempt to gain unauthorized access to our systems
Interfere with the proper functioning of the website
Transmit viruses, malware, or harmful code
Scrape, data mine, or collect information without permission
Impersonate any person or entity

14.2 User-Generated Content

If you submit content to our website (e.g., comments, reviews, testimonials), you grant us a non-exclusive, royalty-free, perpetual license to use, reproduce, and display such content.

You represent that you own or have rights to any content you submit.

15. Dispute Resolution

15.1 Governing Law

These Terms are governed by the laws of India. Any disputes arising from these Terms or our services shall be subject to the exclusive jurisdiction of the courts in Vadodara, Gujarat, India.

15.2 Informal Resolution

In the event of a dispute, we encourage you to contact us first to attempt informal resolution. We are committed to working with clients to resolve issues amicably.

15.3 Arbitration

If informal resolution is unsuccessful, disputes shall be resolved through binding arbitration in Vadodara, Gujarat, India, in accordance with the Arbitration and Conciliation Act, 1996.

15.4 Class Action Waiver

You agree to resolve disputes on an individual basis and waive the right to participate in class actions or collective proceedings.

16. Force Majeure

We are not liable for delays or failure to perform due to circumstances beyond our reasonable control, including:

Natural disasters
War, terrorism, or civil unrest
Pandemics or health emergencies
Government actions or regulations
Internet or utility failures
Third-party service disruptions

17. Entire Agreement

These Terms, along with any signed proposals, contracts, or service agreements, constitute the entire agreement between you and BK Web Designs and supersede all prior agreements or understandings.

18. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

19. Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.

20. Assignment

You may not assign or transfer these Terms or any rights hereunder without our prior written consent. We may assign these Terms to any successor or affiliate without your consent.

21. Amendments

We reserve the right to update or modify these Terms at any time. We will notify you of material changes by posting the updated Terms on this page and updating the “Last Updated” date.

Your continued use of our services after changes constitutes acceptance of the updated Terms.

22. Contact Information

For questions, concerns, or notices regarding these Terms, please contact us:

BK Web Designs (Byteknight Creations)

📧 Email: [email protected]
🌐 Website: www.bkwebdesigns.com
📍 Address: Vadodara, Gujarat, India

By using our website and services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.