Terms and Conditions

Welcome to Amwhiz.

 

Last updated: 16 June 2026

Effective date: 16 June 2026

These Terms and Conditions (“Terms”) explain the rules and conditions that apply when you access our website or engage us to provide services. By using our website or purchasing our services, you agree to these Terms and any related agreements that may apply to your engagement.

The website located at https://www.amwhiz.com/ and all related services are operated by Amwhiz Media Pvt Ltd (“Amwhiz”, “Company”, “we”, “our”, or “us”), a company incorporated in India with its registered office at:

Amwhiz Media Private Limited
Greeta Towers, 99, OMR, Industrial Estate,
Perungudi, Chennai, Tamil Nadu 600096, India

CIN: U72300TN2014PTC095484
GSTIN: 33AAMCA6260D1ZX

If you do not agree with these Terms, please do not access the website or use our services.

 

1. Definitions

For clarity throughout these Terms, the following definitions apply.

Client / You / Your

Refers to any individual, business, organisation, or legal entity that accesses the website or engages Amwhiz to provide services.

Services

• HubSpot onboarding and implementation

• Custom integration and migration services

• Technical consulting and advisory services

• CMS development and UI extension development

• Shopify development and integrations

• WhatsApp API integrations

• Web and mobile application development

• Related implementation and support services

Deliverables

Refers to project outputs created specifically for a Client, including custom code, documentation, configurations, implementation work, and designs.

Order

Means any accepted proposal, quotation, statement of work (SOW), service agreement, purchase order, or written confirmation that defines the Services.

Marketplace Products

Refers to applications, modules, templates, themes, and standard products distributed by Amwhiz.

Third-Party Platforms

Refers to external providers and platforms used during service delivery, including HubSpot, Shopify, WhatsApp/Meta, hosting providers, payment gateways, and integration tools.

2. Use of the Website

2.1 Access and Licence

Unless otherwise stated, all content, materials, designs, and intellectual property available on this website belong to Amwhiz or its licensors.

You may access and use this website only for personal or internal business purposes. Access does not transfer ownership rights.

2.2 Restrictions

Without prior written approval, you must not:

• Copy, reproduce, publish, or distribute website content

• Sell, rent, or commercially exploit website materials

• Create derivative versions of website content

• Use the website unlawfully or fraudulently

• Attempt unauthorised access to website systems

• Interfere with website functionality or security

Any misuse of the website may result in suspension or termination of access.

2.3 Website Availability

We work to keep the website accessible and information reasonably accurate and current.

However, we do not guarantee uninterrupted access, complete accuracy, or permanent availability of any content.

We may modify, suspend, withdraw, or discontinue parts of the website without notice.

3. Services

3.1 Scope of Services

The exact services, timelines, pricing, deliverables, and responsibilities are defined in the applicable Order.

If there is any conflict between these Terms and a signed Order, the signed Order will take precedence.

3.2 Proposals and Quotations

Proposals and quotations remain valid for the stated period or thirty (30) days if no period is specified.

They do not become binding until accepted in writing by both parties.

3.3 Estimates and Timelines

Project estimates and schedules are prepared in good faith based on available information.

Timelines may change due to:

• Scope changes

• Additional requirements

• Approval delays

• Third-party dependencies

• Other project-related constraints

4. Change Requests

If project requirements change after work begins, changes must be approved in writing.

Approved changes may affect:

• Project fees

• Delivery timelines

• Milestones

• Resource allocation

Updated estimates will be provided before additional work proceeds.

5. Client Responsibilities

To support successful delivery of Services, you agree to:

• Provide complete and accurate information

• Share required materials and credentials on time

• Provide access to relevant systems and accounts

• Review deliverables within agreed timelines

• Ensure rights and permissions exist for supplied materials

• Appoint an authorised project contact

Delays caused by incomplete information, approvals, or unavailable access may impact delivery schedules and fees.

Amwhiz will not be responsible for delays resulting from Client-side dependencies.

6. Fees, Payment, and Taxes

6.1 Fees

The fees for our Services are outlined in the applicable Order, quotation, proposal, invoice, or statement of work.

Unless otherwise stated, all fees are exclusive of applicable taxes including GST and any government-imposed charges.

Any applicable taxes will be added separately where required by law.

6.2 Invoicing and Payment Terms

Invoices will be issued according to the payment schedule defined in the applicable Order.

Unless otherwise agreed:

• Invoices are payable within fifteen (15) days from the invoice date

• Payments must be made using approved payment methods

• Payments must be completed in the agreed currency

• No deductions or offsets may be applied without written approval

You are responsible for ensuring payment is completed within the applicable payment period.

6.3 Milestone and Advance Payments

Certain engagements may require advance payments, deposits, or milestone-based billing.

Where applicable:

• Work may begin only after required advance payment is received

• Future project phases may depend on milestone completion

• Payment delays may impact project timelines

Milestone structures will be defined within the applicable Order.

6.4 Late Payments

If payment is not received by the due date, we reserve the right to:

• Charge interest on overdue amounts where permitted

• Suspend ongoing Services

• Delay delivery of Deliverables

• Recover reasonable collection-related costs

Suspension of Services does not remove your responsibility to pay for work already completed.

6.5 Refunds and Cancellations

Refund requests and cancellations are governed by our applicable Refund Policy and Cancellation Policy.

Where applicable, those policies form part of these Terms and should be read together with any Order or agreement.

Approved refunds will be processed according to the original payment method unless otherwise agreed.

7. Intellectual Property in the Services

7.1 Ownership of Deliverables

Subject to full payment of applicable fees, ownership of intellectual property rights in custom Deliverables created specifically for the Client will transfer to the Client.

Until full payment is received:

• Ownership remains with Amwhiz

• No intellectual property transfer is considered complete

This transfer applies only to Deliverables identified as custom work.

 

7.2 Amwhiz Materials and Reusable Components

Amwhiz retains ownership of all pre-existing assets, tools, methodologies, templates, frameworks, libraries, and reusable components (“Background IP”).

Where Background IP is included in Deliverables, the Client receives a:

• Non-exclusive licence

• Perpetual licence

• Worldwide licence

• Royalty-free licence

This licence applies only as necessary to use the Deliverables.

7.3 Marketplace Products

Marketplace Products are licensed and not sold unless expressly stated otherwise.

Use of Marketplace Products is subject to:

• Applicable product licences

• Marketplace terms

• Supporting documentation

Ownership remains with Amwhiz and its licensors.

7.4 Third-Party and Open-Source Components

Deliverables may include third-party software, APIs, integrations, or open-source components.

Such components remain governed by their respective licences.

You agree to comply with all applicable third-party licence requirements.

7.5 Client Materials

You retain ownership of content, data, branding assets, and materials supplied to us.

You grant Amwhiz a limited licence to access and use those materials solely for delivering the Services.

You confirm that you have all necessary rights and permissions for the materials provided.

8. Third-Party Platforms

Our Services may rely on external providers and platforms.

Examples include:

• HubSpot

• Shopify

• WhatsApp / Meta

• Hosting providers

• Payment gateways

• Analytics and integration services

Because these services operate independently, Amwhiz does not guarantee:

• Continuous availability

• Unchanged functionality

• Platform pricing stability

• Protection from platform updates or deprecations

Your use of third-party platforms remains subject to their own terms and conditions.

You are responsible for maintaining required subscriptions, licences, and access permissions.

9. Confidentiality

During an engagement, either party may receive confidential or commercially sensitive information.

Each party agrees to:

• Protect confidential information

• Use information only for engagement purposes

• Avoid unauthorised disclosure

This obligation does not apply where information:

• Becomes public without breach

• Was already known before disclosure

• Was independently developed

• Was legally received from another source

Confidentiality obligations continue after the engagement ends.

10. Data Protection and Privacy

Our handling of personal information is governed by our Privacy Policy.

Where personal data is processed on your behalf:

• Processing will occur only for agreed business purposes

• Applicable privacy and data protection laws will be followed

• A separate data processing agreement may be executed where required

You remain responsible for ensuring:

• Data has been collected lawfully

• Required notices and consents are obtained

• You have authority to share the data

11. Warranties and Disclaimers

11.1 Limited Service Warranty

We commit to delivering our Services with reasonable care, professional standards, and industry practices appropriate to the nature of the engagement.

For custom Deliverables, where a warranty period is defined in the applicable Order, we will make reasonable efforts to correct material defects identified during that period.

If no warranty period is stated in the Order, the warranty period will be thirty (30) days from the delivery date.

This warranty applies only where:

• The Deliverable is used as intended

• No unauthorised modifications have been made

• Issues are reported within the applicable warranty period

• The issue is not caused by external systems or third-party services

This warranty does not apply to issues resulting from:

• Changes made by the Client or third parties

• Platform updates or deprecations
• Incorrect usage

• Unsupported configurations

• Circumstances outside our reasonable control

 

11.2 Disclaimer of Warranties

Except where expressly stated in these Terms or required by applicable law:

• The Website, Services, and Deliverables are provided on an “as available” and “as is” basis

• We do not guarantee uninterrupted availability or error-free operation

• We do not guarantee compatibility with every third-party environment

• We exclude all implied warranties to the fullest extent permitted by law

This includes implied warranties relating to:

• Merchantability

• Fitness for a particular purpose

• Non-infringement

Clients remain responsible for evaluating whether the Services meet their intended business requirements.

 

11.3 Liability That Cannot Be Excluded

Nothing in these Terms excludes or limits liability where such exclusion is prohibited by applicable law.

This includes liability arising from:

• Fraud or fraudulent misrepresentation

• Death or personal injury caused by negligence

• Any liability that cannot legally be excluded or restricted

12. Limitation of Liability

To the maximum extent permitted under applicable law, and subject to Section 11.3:

Neither party will be liable to the other for:

• Indirect losses

• Consequential damages

• Incidental or special damages

• Loss of profits

• Loss of revenue

• Loss of business opportunities

• Loss of goodwill

• Loss of data

Where liability applies, Amwhiz’s total aggregate liability arising from a specific Order whether based on contract, negligence, or otherwise will not exceed the total fees paid by the Client under that Order during the twelve (12) months immediately preceding the event giving rise to the claim, unless another limit is stated in the applicable Order.

These limitations apply even where a remedy does not achieve its intended purpose.

13. Indemnification

You agree to defend, indemnify, and hold Amwhiz and its directors, employees, contractors, and affiliates harmless against claims, losses, damages, liabilities, costs, and reasonable expenses arising from:

• Your breach of these Terms

• Information, instructions, or materials supplied by you

• Misuse of the Deliverables outside the agreed scope

• Infringement of third-party rights caused by Client-provided materials

• Violations of applicable laws or regulations

Where legally permitted, you agree to cooperate with us in responding to such claims.

14. Term, Suspension, and Termination

14.1 Term

These Terms remain effective for as long as you access the Website or continue using our Services.

For project-based engagements, these Terms remain applicable throughout the duration of each active Order.

 

14.2 Suspension and Termination

Either party may terminate an Order:

• If the other party materially breaches the agreement and fails to correct the breach within fifteen (15) days after receiving written notice

• Under any additional termination rights stated in the applicable Order

We may suspend or restrict access to the Website or Services if:

• Invoices remain unpaid

• Required cooperation is not provided

• Use of the Services violates these Terms

• Continued service creates legal, operational, or security concerns

 

14.3 Effect of Termination

Upon termination:

• All outstanding fees for completed work become immediately payable

• Active Services may stop

• Access to work in progress may be suspended

• Each party must return or appropriately handle confidential information where required

Any provisions intended to continue after termination will remain effective, including those relating to:

• Intellectual property

• Confidentiality

• Payment obligations

• Warranties

• Limitation of liability

• Dispute resolution

15. Publicity

Unless otherwise agreed in writing, you grant Amwhiz permission to identify your organisation as a client and include:

• Your business name

• Logo

• A general description of the services delivered

Within marketing materials, portfolios, presentations, proposals, and case studies.

We will not disclose confidential business information or sensitive project details without your permission.

If you prefer not to be featured, you may notify us in writing and we will respect that request.

16. Subcontracting and Assignment

To support efficient service delivery, Amwhiz may engage trusted subcontractors, consultants, affiliates, or service providers to perform portions of the Services.

Where subcontractors are involved:

• Amwhiz remains responsible for the overall delivery of the Services

• Reasonable measures will be taken to ensure subcontractors comply with applicable contractual obligations

You may not transfer, assign, or delegate your rights or obligations under an Order without our prior written consent.

We may assign these Terms or transfer our rights and obligations as part of:

• A merger

• Acquisition

• Corporate restructuring

• Sale of business assets

17. User Submissions

Certain areas of the Website may allow you to submit information such as comments, feedback, suggestions, testimonials, or other content.

By submitting content, you confirm that:

• You own or have the right to share the content

• Your submission does not infringe third-party rights

• The content is not unlawful, misleading, defamatory, abusive, or offensive

• Your submission complies with applicable laws

You remain responsible for your submissions.

We may review, remove, moderate, or refuse content where reasonably necessary, but we are not obligated to monitor all submissions.

By submitting content, you grant Amwhiz a non-exclusive, worldwide, royalty-free licence to use, display, reproduce, and distribute that content for operating, maintaining, and promoting the Website.

18. Links

You may link to our Website provided that:

• The link is lawful and not misleading

• It does not falsely imply endorsement or partnership

• It does not damage our reputation

• It does not display our content in a misleading or inappropriate context

You may not use our logos, branding, artwork, or design assets without prior written permission.

We reserve the right to request removal of links to our Website at any time.

Our Website may also contain links to third-party websites or services.

These links are provided for convenience only, and we do not control or endorse external websites or accept responsibility for their content, policies, availability, or practices.

19. Force Majeure

Neither party will be responsible for delays or failures in performance caused by circumstances beyond reasonable control.

These events may include:

• Natural disasters

• Acts of God

• War or civil unrest

• Government restrictions or actions

• Labour disputes

• Internet or telecommunications failures

• Utility outages

• Cyber incidents affecting infrastructure

• Disruptions, failures, or changes involving Third-Party Platforms

Where such events occur, affected obligations will be suspended for the duration of the event and resumed as reasonably possible.

20. Governing Law and Dispute Resolution

These Terms and any related Orders are governed by and interpreted under the laws of India.

Unless otherwise agreed in writing, all disputes arising from or relating to these Terms or Services will fall under the exclusive jurisdiction of the courts located in Chennai, Tamil Nadu, India.

Where commercially appropriate, the parties agree to attempt to resolve disputes through good-faith discussions before pursuing formal legal proceedings.

Optional clause confirm with legal counsel before use:

If both parties agree, disputes may be resolved through arbitration seated in Chennai under the Arbitration and Conciliation Act, 1996, conducted by a sole arbitrator.

21. General

Entire Agreement

These Terms, together with applicable Orders and referenced policies, represent the complete agreement between the parties regarding the Services and replace previous discussions or understandings relating to the same subject matter.

Updates to These Terms

We may revise these Terms from time to time.

The latest version will always be available on this page with an updated effective date.

Your continued use of the Website or Services after updates become effective means you accept those changes.

Severability

If any provision of these Terms is found to be invalid, unlawful, or unenforceable, the remaining provisions will continue in full effect.

Waiver

If either party chooses not to enforce a right or provision at any time, that does not waive the ability to enforce it later.

Relationship Between the Parties

Nothing in these Terms creates:

• A partnership

• Joint venture

• Employment relationship

• Agency relationship

Between you and Amwhiz.

Each party acts independently unless otherwise agreed in writing.

22. Contact Us

If you have questions about these Terms and Conditions or would like further information about our Services, please contact us:

Amwhiz Media Pvt Ltd
Greeta Towers, 99, OMR, Industrial Estate,
Perungudi, Chennai, Tamil Nadu 600096, India

Email: sales@amwhiz.com
Phone: +91 91500 65500