Terms and Conditions

Effective Date: 28-04-2025

Website Name: Webimaker.com

Contact Email: support@webimaker.com

WhatsApp: +91 9083527119

1. Acceptance of Terms

By accessing, browsing, or using Webimaker.com (the "Platform"), you agree to be legally bound by these Terms and Conditions ("Terms"), along with any additional policies referenced herein, including our Privacy Policy and Cancellation and Refund Policy. These Terms apply to all users, including store owners, visitors, vendors, customers, and third parties interacting with the Platform. If you disagree with any part of these Terms, you must immediately cease using the Platform. We may revise these Terms at our sole discretion, with updates effective upon posting on the Platform. Your continued use after such changes signifies acceptance of the revised Terms. You may be required to actively agree to these Terms (e.g., by checking a box or clicking "I Accept") during account creation or key interactions.

2. Account Registration and Eligibility

Eligibility Requirements

You must be at least 18 years old or the legal age of majority in your jurisdiction and have the legal capacity to enter into contracts. Businesses must be duly registered entities with authority to operate an e-commerce store.

Registration Process

You must provide accurate, current, and complete information during registration, including your full legal name, business details (if applicable), email address, and payment information. Providing false or misleading information may result in immediate account suspension or termination.

Account Responsibilities

You are solely responsible for maintaining the confidentiality of your login credentials. All activities under your account, whether authorized or not, are your responsibility. You must not share your account or allow unauthorized access.

Security Breaches

Notify us immediately at support@webimaker.com or +91 9083527119 if you suspect unauthorized access or a security breach. We are not liable for losses resulting from your failure to secure your account or promptly report breaches.

Multiple Accounts

Creating multiple accounts to bypass restrictions, evade fees, or manipulate services is prohibited and may lead to termination of all associated accounts.

Account Limitations

We may impose limits on account features (e.g., storage, bandwidth, page creation, blog creation, product creation, inventory, coupons, digital products, custom domains) based on your subion plan. Exceeding these limits may require upgrading your plan or incur additional fees.

3. Services Provided

Webimaker.com provides a comprehensive e-commerce platform, including:

Tools to design, launch, and manage online stores.

Product listing, inventory management, and order processing features.

Integration with our proprietary payment gateway for secure transactions.

Shipping and logistics support, including tracking and fulfillment tools.

Service Availability

We aim to provide uninterrupted access but do not guarantee continuous availability due to scheduled maintenance, upgrades, or unforeseen technical issues. We are not liable for losses caused by service interruptions.

Modifications

We may modify, suspend, or discontinue any feature, tool, or service at our discretion without prior notice or liability.

Prohibited Uses

You may not use the Platform to:

Sell or promote illegal goods (e.g., counterfeit items, controlled substances, weapons).

Engage in fraudulent schemes or deceptive practices.

Distribute malware, viruses, or other harmful content.

Violate any laws or third-party rights.

Violations may result in immediate account termination, removal of content, and potential legal action.

Service Scope

The Platform is a tool for creating and managing online stores; we do not act as your agent, partner, or reseller, nor do we take ownership of your products or transactions.

4. User Responsibilities and Conduct

Legal Compliance

You must comply with all applicable local, national, and international laws, including consumer protection, tax, customs, import/export, and data privacy regulations (e.g., GDPR, CCPA). You are solely responsible for understanding and adhering to these obligations.

Accurate Listings

All product deions, images, pricing, and availability details must be accurate, lawful, and not misleading. You are liable for disputes or claims arising from inaccurate, fraudulent, or non-compliant listings.

Prohibited Actions

You agree not to:

Use the Platform for unlawful purposes or to facilitate illegal transactions.

Upload content that is defamatory, obscene, discriminatory, violent, or infringes on third-party rights.

Attempt to hack, disrupt, or overload the Platform’s systems, servers, or networks.

Impersonate any individual or entity or misrepresent your affiliation.

Engage in spamming, phishing, or other abusive behaviors, including unsolicited communications.

Customer Interactions

You are responsible for managing relationships with your customers, including handling inquiries, complaints, returns (if offered), and ensuring compliance with consumer laws. We do not mediate disputes between you and your customers.

Content Ownership

You warrant that you have legal rights or permissions to use all content uploaded to the Platform (e.g., images, text, videos). You are liable for any claims arising from unauthorized use.

Taxes and Duties

You are responsible for calculating, collecting, and remitting all applicable taxes (e.g., GST, VAT) and customs/import duties related to your sales.

Store Policies

You must maintain clear, accessible policies for your store (e.g., shipping, returns, privacy) and ensure they comply with applicable laws. These policies are your responsibility and do not bind Webimaker.com.

5. Payment Terms

Fee Structure

You agree to pay all applicable fees, including:

Subion Fees: Charged monthly or annually in advance based on your selected plan for access to the Platform’s website creation and management tools.

Additional Fees: For optional services, such as premium templates, enhanced support, or app integrations.

Transaction Commissions: A 5% commission on every transaction processed through our integrated payment gateway, as detailed below.

Integrated Payment Gateway and Transaction Handling

Webimaker.com provides a proprietary integrated payment gateway for processing customer payments on websites created through the Platform. The following terms apply to all transactions:

No Refunds Through Gateway: No amounts received by you (the store owner) through the Platform's payment gateway can be refunded via the gateway itself. All received payments are final and non-reversible through Webimaker.com.

Manual Refunds: If you wish to issue a refund to your customer, you must handle it manually outside the Platform. This requires obtaining the customer's UPI ID, bank account details, or other payment information directly from them and processing the refund via your own banking channels.

Commission on Transactions: A 5% commission is charged by Webimaker.com on every single transaction processed through the payment gateway, regardless of the payment method (e.g., COD, UPI, card, or any other integrated option). This commission covers gateway processing fees and is deducted automatically from each transaction before the net amount is credited to your account.

Non-Refundable Commission and Payments: Neither the commission nor the net payment amount is refundable under any circumstances, including disputes, cancellations, returns, or chargebacks.

Withdrawal of Received Funds: The net amount (after 5% commission deduction) from customer transactions can be withdrawn by you to your UPI ID or bank account. To withdraw funds, log in to your account dashboard and click the "Withdraw Funds" link. Provide your UPI ID or bank account details as prompted. Withdrawals are processed within 3-5 business days, subject to verification. You are responsible for any taxes, fees, or charges imposed by your bank or UPI provider on withdrawals. Minimum withdrawal thresholds may apply (e.g., INR 500), and multiple small transactions may be batched for efficiency.

Application to All Methods: The 5% commission applies uniformly to all transactions, including Cash on Delivery (COD) and non-COD payments, to cover processing and risk management. For COD orders, the full customer payment (minus 5% commission) is credited to your account upon successful delivery confirmation.

Liability for Disputes: You are solely responsible for resolving any customer disputes, chargebacks, or refund requests related to your sales. Webimaker.com will not intervene or facilitate such resolutions. In case of fraud, chargebacks, or invalid transactions, you may be liable for the full transaction amount plus additional fees, and your account may be suspended.

Subion Continuation: Your subion plan must continue uninterrupted until the end of the current billing cycle, regardless of transaction volume or issues with the payment gateway.

Billing Process

A valid payment method (e.g., credit/debit card) must be on file for Webimaker.com subion fees. Subion fees are billed in advance, and you authorize us to charge your designated payment method automatically.

Payment Methods for Platform Fees

We accept credit/debit cards, bank transfers, and other methods listed on the Platform for subion fees. All payments must be in Indian Rupees (INR) or the currency we designate.

Late Payments

If we cannot process payment for subion fees within 28 days of the initial attempt, we may suspend your account and revoke access to your store. Your account will be reactivated upon payment of outstanding fees plus fees for the next billing cycle. If fees remain unpaid for 60 days after suspension, we may terminate your account. You remain liable for all outstanding amounts.

Refund Policy

All subion fees and additional fees paid to Webimaker.com for website creation and management services are non-refundable, except in cases where no services are provided by Webimaker.com. If you do not receive any service from our end (e.g., no access to the Platform or failure to deliver website creation tools) within 7 days of payment, you are entitled to a full refund of the fees paid, provided you notify us within 30 days at support@webimaker.com or +91 9083527119. Refunds will be processed within 14 business days. No refunds will be issued for partial use, dissatisfaction, or failure to configure integrations. Transaction commissions are non-refundable as outlined above.

Fee Changes

We may modify fees or introduce new fees at our discretion, with notice provided via email or the Platform. Continued use after fee changes constitutes acceptance.

6. Intellectual Property

Your Content

You retain ownership of content you upload (e.g., product photos, deions, logos) but grant Webimaker.com a perpetual, non-exclusive, royalty-free, worldwide license to use, reproduce, modify, distribute, and display such content for operating, improving, and promoting the Platform, including in marketing materials.

Our Content

All intellectual property related to the Platform—including software, templates, designs, trademarks, logos, and branding—is owned by Webimaker.com or its licensors. You may not copy, modify, distribute, sell, or reverse-engineer any part of the Platform without our explicit written permission.

Infringement Claims

If you believe your intellectual property rights have been violated, submit a detailed claim to support@webimaker.com. You warrant that your uploaded content does not infringe on third-party rights, and you are liable for any claims or damages arising from such infringement.

Takedown Procedures

We may remove content suspected of infringing intellectual property rights without prior notice and cooperate with legal authorities as required.

7. Privacy and Data Handling

Privacy Policy

Our Privacy Policy governs how we collect, store, process, and protect your personal and business data. By using the Platform, you consent to these practices.

Your Role as Data Controller

As a store owner, you are the data controller for your customers’ information and must comply with all applicable data protection laws (e.g., GDPR, CCPA). Webimaker.com acts as a data processor, handling data on your behalf per our Privacy Policy.

Data Security

We implement industry-standard measures to protect your data but are not liable for breaches caused by third-party actions, unauthorized access, or your failure to secure your account.

Customer Consent

You must obtain and maintain valid consents from your customers for data collection and processing, including for marketing purposes (e.g., SMS, email). You are responsible for compliance with regulations like the Indian Information Technology Act, 2000, or the TCPA if applicable.

8. Termination of Service

Voluntary Termination

You may terminate your account by following the cancellation process outlined in our Cancellation and Refund Policy. Termination does not entitle you to refunds for prepaid fees.

Our Rights

We may suspend or terminate your account immediately, without notice or refund, if you:

Breach these Terms or any referenced policies.

Fail to pay fees within the specified timeframe.

Engage in illegal, fraudulent, or prohibited activities, including transaction disputes or abuse of the payment gateway.

Pose a risk to the Platform’s security, integrity, or reputation.

Suspension Effects

During suspension, you may lose access to your account, store, and data. We are not liable for any losses incurred during this period. Access to withdrawal functions may be suspended until all disputes are resolved.

Post-Termination

Upon termination, your access to the Platform ceases. We may delete your data or retain it as required by law or for our records (e.g., for tax or audit purposes). You remain liable for any obligations (e.g., unpaid fees, outstanding commissions) incurred prior to termination.

Account Reactivation

Reactivation after suspension requires payment of all outstanding fees plus fees for the next billing cycle.

9. Limitation of Liability

As-Is Basis

The Platform is provided "as is" and "as available," without warranties of any kind, express or implied, including merchantability, fitness for a specific purpose, or uninterrupted operation.

Liability Limit

Our aggregate liability for any claims related to your use of the Platform is limited to the total fees you paid us in the 7 days preceding the claim.

No Consequential Damages

We are not liable for indirect, incidental, special, punitive, or consequential damages, including lost profits, data loss, or business interruption, even if advised of such possibilities.

Third-Party Issues

We are not responsible for failures, errors, or damages caused by third-party services (e.g., banks for withdrawals, shipping carriers) or your interactions with your customers.

System Errors

We are not liable for losses due to system errors, bugs, or inaccuracies in the Platform’s functionality, such as miscalculated commissions or data display issues.

10. Indemnification

You agree to indemnify, defend, and hold harmless Webimaker.com, its affiliates, officers, directors, employees, and agents from any claims, damages, losses, liabilities, or expenses (including reasonable legal fees) arising from:

Your use or misuse of the Platform, including the payment gateway.

Your violation of these Terms or applicable laws.

Disputes with your customers, vendors, or third parties related to your store, sales, or refunds.

Infringement of intellectual property, privacy, or other rights due to your actions or content.

11. Store Deletion After Subion Expiry

If your subion or tenancy plan expires and is not renewed within 7 days from the expiry date, we reserve the full right to permanently delete your store, including all data, content, files, and any other associated information, without any further obligation to retain or recover such data.

Before initiating deletion, we will make reasonable efforts to notify you using the contact information registered in your account, via phone call, WhatsApp message, or email.

It is solely your responsibility to ensure that your contact details remain accurate and up-to-date.

We are not liable for any loss, data deletion, or claims arising from the store’s removal after the 7-day grace period following subion expiration.

12. Third-Party Apps and Integrations

Availability

The Platform may offer integrations with third-party services, such as shipping providers, marketing tools, or analytics platforms (excluding payment gateways, which are handled exclusively through our integrated system).

No Endorsement or Liability

We do not control, endorse, or warrant the performance, security, or reliability of third-party services. Your use of these services is at your own risk and subject to the third party’s terms and conditions.

Data Sharing

You authorize us to share necessary data with third-party providers to enable integrations. We are not liable for any misuse of data by third parties.

13. Changes to the Platform

Updates and Modifications

We may introduce new features, modify existing ones, or discontinue services at our sole discretion without prior notice.

No Compensation

You are not entitled to compensation, refunds, or credits for changes that affect your store, experience, or costs, including feature removals, service discontinuations, or price adjustments.

Beta Features

We may offer access to beta or experimental features, which are provided "as is" with no warranties. We may discontinue beta features at any time without liability.

14. Taxes and Compliance

Your Responsibility

You are solely responsible for determining, calculating, collecting, and remitting all applicable taxes (e.g., GST, VAT) and customs/import duties related to your sales or use of the Platform. You must ensure compliance with all tax laws in your jurisdiction and your customers’ jurisdictions. This includes accounting for the 5% commission as a deductible expense where applicable.

Platform Fees

As per GST (Goods and Services Tax) regulations, businesses with an annual turnover below Rs 20 lakhs are not obligated to issue GST invoices. Therefore, Webimaker.com, with a turnover below this threshold, does not provide GST invoices to our customers. We appreciate your understanding in this matter, and if you have any further questions or require additional documentation or receipts for your purchase, please do not hesitate to reach out to our customer support team. We are here to assist you with any inquiries or requirements you may have related to your orders or purchases. (Note: GST rules and regulations can change over time, and it’s crucial to verify the current threshold and any updates with the relevant tax authorities or a qualified tax professional.)

Customs and Imports

If your customers are responsible for paying customs or import duties, you must clearly disclose this in your store policies. We are not liable for disputes arising from unpaid duties or refused shipments.

15. Confidentiality

Confidential Information

Any non-public information provided by Webimaker.com, such as pricing structures, technical specifications, or business plans, is confidential. You may not disclose or use such information for purposes other than using the Platform without our written consent.

Exceptions

This does not apply to information that is publicly available, independently developed, or required to be disclosed by law.

Your Obligations

You must protect our confidential information with the same care as your own sensitive data and notify us immediately of any unauthorized disclosure.

16. User-Generated Content Moderation

Content Review

We reserve the right to review, monitor, or remove any user-generated content (e.g., product listings, reviews, images) that violates these Terms, applicable laws, or our policies, without prior notice.

Prohibited Content

Content that is obscene, violent, threatening, discriminatory, or deliberately false is strictly prohibited. We may also remove content that harms the Platform’s reputation or user experience.

Appeals

If your content is removed, you may contact us at support@webimaker.com to request a review, but we are not obligated to reinstate removed content.

17. Electronic Communications

Consent to Electronic Delivery

By using the Platform, you consent to receive communications from us electronically, including emails, in-app notifications, or messages via WhatsApp (+91 9083527119). These may include billing notices, service updates, or legal notices.

Opt-Out

You may opt out of marketing communications by following the unsubscribe instructions provided, but you cannot opt out of essential service-related communications (e.g., billing or account status).

18. Feedback and Suggestions

Submission

Any feedback, suggestions, or ideas you provide about the Platform are voluntary and non-confidential. We may use, implement, or share them without compensation or attribution to you.

Ownership

You grant us a perpetual, royalty-free, worldwide license to use your feedback for any purpose, including improving or marketing the Platform.

19. Export Controls and Sanctions

Compliance

You must comply with all applicable export control laws and sanctions, including those of India and other jurisdictions where you operate or sell. You may not use the Platform to conduct business with individuals, entities, or countries subject to sanctions or embargoes (e.g., as listed by the Government of India or UN).

Prohibited Regions

We may restrict access to the Platform in certain regions or for certain users to comply with legal requirements. You are responsible for ensuring your use complies with export and sanctions laws.

20. Accessibility and Language

Accessibility

We strive to make the Platform accessible to all users, including those with disabilities, but we do not guarantee full compliance with accessibility standards (e.g., WCAG).

Language

These Terms are provided in English. Any translations are for convenience only, and the English version prevails in case of discrepancies.

21. Insurance

Your Responsibility

You are responsible for maintaining appropriate insurance coverage for your business, including general liability, product liability, or cyber liability insurance, as applicable. We do not provide insurance for your store, products, or operations.

No Liability

We are not liable for any losses or claims that could have been mitigated by adequate insurance coverage.

22. Subcontractors and Affiliates

Use of Subcontractors

We may engage subcontractors or affiliates to provide portions of the Platform’s services (e.g., hosting, transaction processing). These parties are bound by confidentiality and data protection obligations consistent with these Terms.

No Direct Liability

You have no direct recourse against our subcontractors or affiliates for service issues; all claims must be directed to Webimaker.com.

23. Representations and Warranties

Your Warranties

You represent and warrant that:

You have the legal authority to enter into these Terms and operate your store.

Your use of the Platform will comply with all applicable laws and these Terms.

Your products and services do not infringe on third-party rights or violate any regulations.

All information provided to us or your customers is accurate and complete.

Breach of Warranties

Breach of these warranties may result in immediate account termination and liability for any resulting damages.

24. Survival of Terms

Post-Termination Obligations

Provisions of these Terms that, by their nature, should survive termination (e.g., indemnification, limitation of liability, intellectual property, payment obligations) will remain in effect after your account is terminated or you cease using the Platform.

Ongoing Liabilities

You remain responsible for any obligations (e.g., unpaid fees, commissions, legal claims) incurred during your use of the Platform, even after termination.

25. Affiliate Programs and Referrals

Participation

If we offer an affiliate or referral program, your participation is subject to separate terms provided at the time of enrollment. You may not manipulate or abuse such programs (e.g., self-referrals, fraudulent sign-ups).

No Guarantee

We reserve the right to modify or terminate affiliate programs without notice, and you are not entitled to compensation for unearned commissions.

26. Governing Policies and Guidelines

Additional Policies

Your use of the Platform is also governed by supplementary policies, such as our Acceptable Use Policy, Cookie Policy, or Community Guidelines, if applicable. These are incorporated into these Terms by reference.

Violation of Policies

Breaching any supplementary policy may result in account suspension, termination, or other remedies as outlined in these Terms.

27. Custom Domain Integration

Subdomain Creation

Upon purchasing a subion, you will create a subdomain (e.g., yourstore.webimaker.com) to access and manage your online store.

Custom Domain Option

You may attach your own custom domain (e.g., www.yourstore.com) by following the instructions provided on the Platform’s Custom Domain Settings page. You are responsible for purchasing and maintaining your custom domain through a third-party domain registrar.

Configuration Responsibility

You must correctly configure your custom domain settings, including updating DNS records as outlined in our instructions. Webimaker.com is not liable for errors, downtime, or issues arising from incorrect configuration or third-party registrar problems.

Subion Requirements

Custom domain integration may be subject to specific subion plans. Some plans may limit or exclude custom domain functionality, requiring an upgrade to a higher plan for access.

28. Theme Selection and Customization

Theme Availability

The Platform offers a variety of themes that you may select and customize to design your online store. Themes can be edited to suit your preferences, subject to the tools and options provided by the Platform.

Subion-Based Access

Access to certain themes may be restricted based on your subion plan. Lower-tier plans may have limited theme options, and you may need to upgrade to a higher subion plan to access all available themes.

Customization Responsibility

You are responsible for ensuring that your theme customizations comply with these Terms and applicable laws (e.g., intellectual property, accessibility). Webimaker.com is not liable for issues arising from your customizations.

Theme Updates

We may update or modify themes at our discretion. You are responsible for ensuring your customizations remain compatible with theme updates.

29. Pricing Plans

Plan Types

Webimaker.com offers only two pricing plans: monthly and yearly subions. No lifetime plans are available, and we do not offer lifetime subions under any circumstances.

Plan Features

Each plan includes specific features and limitations (e.g., storage, bandwidth, theme access, custom domain support) as detailed on the Platform’s pricing page. You may upgrade or downgrade your plan at any time, subject to the terms of your current billing cycle.

Billing Terms

Monthly plans are billed every 30 days, and yearly plans are billed annually in advance. Subion fees are non-refundable, except as outlined in the Refund Policy under Payment Terms.

Plan Changes

If you downgrade your plan, you may lose access to certain features (e.g., premium themes, custom domain support). We are not liable for any loss of functionality or data resulting from plan changes.

30. Store Creation and Account Management

Store Creation Process

Upon completing your subion payment, the Platform will automatically begin creating your website or store. This process may take some time, and you are required to wait until completion. Webimaker.com strives to deliver your website or store as soon as possible, but we are not liable for delays due to technical or operational constraints.

Login Credentials

Once your store or website is successfully created, you will receive login details, including username, password, login URL, and other administrative panel credentials, via your registered email and on your account dashboard. We strongly recommend changing the default password to a highly secure password to protect your account.

Multiple Stores

You may create multiple stores or websites using a single registered email account by initiating a new subion process, including selecting a new subdomain, theme, and other required configurations. You may also connect a new custom domain to each store, as outlined in the Custom Domain Integration section. Alternatively, you may create separate registered accounts for each new store or website; using a single account for multiple stores is not mandatory.

Account Responsibility

You are responsible for managing all stores created under your account(s), including maintaining accurate configurations and securing login credentials. Webimaker.com is not liable for issues arising from your failure to properly manage multiple stores or accounts.

31. Miscellaneous

Force Majeure

We are not liable for delays or failures due to events beyond our control, such as natural disasters, government actions, cyberattacks, or internet outages.

Severability

If any provision of these Terms is deemed unenforceable, the remaining provisions remain valid and enforceable.

Assignment

You may not assign your rights or obligations under these Terms without our prior written consent. We may assign our rights freely, including in connection with a merger or sale.

No Waiver

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

Entire Agreement

These Terms, along with the Privacy Policy, Cancellation and Refund Policy, and any other referenced policies, constitute the entire agreement between you and Webimaker.com, superseding any prior agreements.

Notices

Legal notices must be sent to support@webimaker.com or via WhatsApp to +91 9083527119. Notices to you may be sent to the email address associated with your account or posted on the Platform.

32. Dispute Resolution and Limitations

All disputes related to these Terms must be raised within 30 days of the incident via the contact methods in Section 33. Webimaker.com is not liable for any indirect, consequential, or incidental damages arising from use of the Platform, including transaction issues. This policy does not affect your statutory rights under applicable consumer protection laws, but where permitted, our liability is limited to the fees paid in the last billing cycle.

33. Contact Information

For support, inquiries, or to report issues related to these Terms or the Platform:

Email: support@webimaker.com

WhatsApp: +91 9083527119

Support Ticket: Available from your account dashboard

We aim to respond within 48 hours, though response times may vary based on the nature of the inquiry.