Terms of Service

Last updated: 23 September 2025
These Terms of Service (“Terms”) govern your use of the website https://faraways.com (the “Site”) and all products and services we provide to doctors and clinics (the “Services”). “Faraways”, “we”, “our” and “us” refer to Faraways. “Client”, “you” and “your” refer to the doctor, clinic, or organisation using our Services.
By using the Site or by ordering/using the Services, you agree to these Terms.

Quick summary (plain English)
We build and support websites and digital tools for clinics.
You provide accurate content, approvals, and timely access; we deliver what’s agreed.
Medical content is your responsibility and is not medical advice from us.
We don’t guarantee SEO rankings, traffic, or specific outcomes.
Pay on time; third-party fees (domains/hosting/plugins/ads) are yours unless agreed otherwise.
If you need us to handle patient data, a separate agreement is required.
Our code/designs are licensed to you after payment; third-party items have their own licenses.
We use reasonable security, but no system is 100% secure.
Indian law applies; courts in Mumbai have exclusive jurisdiction.

1) Scope of Services
We provide: website strategy, design, setup, development, content integration, WordPress configuration, theme/plugin setup (e.g., Kadence), analytics, contact/WhatsApp buttons, maps, appointment/contact forms, basic SEO setup, and ongoing support if purchased. Exact scope, deliverables, fees, and timelines appear in your Proposal/Order/Statement of Work (“Order”).
We may use subcontractors. We remain responsible for the Services we deliver.

2) Your Responsibilities
You agree to:
Provide accurate and lawful content (text, images, videos, logos), approvals, and access (e.g., domain/DNS, hosting, Google accounts) on time.
Ensure all medical content is accurate, complete, and compliant with the NMC/AYUSH advertising and professional conduct rules and any other applicable regulations.
Obtain written consent for testimonials, photos, and case studies, especially where a patient is identifiable.
Not upload/send patient medical records or sensitive health data through general forms or WhatsApp. If your project requires handling such data, you must sign a separate written data processing agreement (see Section 6).
Comply with third-party terms for tools you ask us to integrate (e.g., Google Maps, WhatsApp, YouTube, Instagram, appointment tools).
Delays in your inputs may delay timelines and can lead to change orders or extra costs.

3) Fees, Payments, Taxes
Fees and milestones are set out in your Order. Unless otherwise stated, taxes (e.g., GST) are additional.
Deposits/retainers are non-refundable unless we agree in writing.
Invoices are due upon receipt (or per Order). Late payments may result in suspension, late fees, or interest as allowed by law.
Third-party costs (domains, premium plugins/themes, stock media, ad spend, SMS gateways, email services, appointment tools, etc.) are your responsibility unless your Order says we’ll cover them.

4) Timelines & Change Requests
Timelines are good-faith estimates and depend on your inputs. Change requests (scope/features/design/third-party additions) may require a revised estimate and fee. We’ll confirm before proceeding.

5) Intellectual Property & Licenses
Your Content: You retain ownership of all content you provide. You grant us a non-exclusive license to use it to deliver the Services. You confirm you have the rights to use all content you give us.
Deliverables: Upon full payment, we grant you a perpetual, non-exclusive license to use the specific designs, templates, and custom code we created for your site.
Third-Party Items: Themes, plugins, fonts, stock media, and other third-party items remain subject to their own licenses. If a subscription lapses, related features/updates may stop.
Portfolio Use: Unless you opt out in writing, you grant us the right to display your logo, website screenshots, and a short project description in our portfolio and marketing.

6) Patient Data & Sensitive Information
We are not a medical records system and our default forms/WhatsApp channels are not intended for handling sensitive health data.
If your site will collect or process patient data (e.g., PHI/health information), you must notify us before launch and we must execute a separate written data processing agreement defining secure collection methods, roles, and responsibilities.
You are the data controller for your patient data. You must comply with applicable laws (e.g., India’s Digital Personal Data Protection Act, 2023, clinical advertising rules, consent rules, etc.).

7) Acceptable Use
You will not use the Services or Site to host, link to, or promote unlawful, harmful, or misleading content; infringe IP rights; violate privacy; send spam; or otherwise breach applicable laws or third-party terms (Google/Meta/WhatsApp/YouTube, etc.). We may suspend Services for violations.

8) Domains, DNS, Hosting & Third-Party Services
If we procure or configure domains/DNS/hosting for you, we will do so as your agent based on your instructions. Ownership of the domain is yours when registered to your name.
We are not responsible for third-party downtime, pricing changes, feature removals, or policy changes (e.g., host outages, plugin conflicts, API limits).
For email deliverability (e.g., form notifications), proper DNS (SPF/DKIM/DMARC) and a reputable email provider are recommended; deliverability is not guaranteed.

9) SEO & Results Disclaimers
We follow best practices (technical basics, clean markup, speed optimizations where reasonable). However, we do not guarantee rankings, traffic, or revenue. Search algorithms, competition, and content strategy are outside our control.

10) Support, Maintenance & Backups
Ongoing support/maintenance/backups are provided only if included in your Order or a separate plan. Otherwise, support is billed at our standard rates. Emergency or after-hours work may incur premium rates.

11) Confidentiality
Each party will keep the other party’s non-public information confidential and use it only for the Services, except as required by law or with written consent.

12) Privacy
Our Privacy Policy (available on the Site) explains how we collect, use, and protect personal data. It forms part of these Terms.

13) Warranties & Disclaimers
We will perform the Services with reasonable skill and care, consistent with industry practice.
Except as stated here, the Site and Services are provided “as is”. We disclaim all other warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.
We do not provide medical advice, legal advice, or regulatory compliance advice. You should obtain your own professional advice as needed.

14) Limitation of Liability
To the fullest extent permitted by law:
We are not liable for any indirect, incidental, special, consequential, exemplary, or punitive damages (including lost profits, lost data, business interruption), even if advised of the possibility.
Our total aggregate liability arising out of or related to the Services or these Terms is limited to the fees you paid us in the 3 months preceding the event giving rise to the claim.
Some jurisdictions don’t allow certain limitations; where prohibited, those limits won’t apply.

15) Indemnity
You will indemnify and hold us harmless from claims, damages, and expenses (including reasonable legal fees) arising from: (a) your content or instructions, (b) your use of the Services, (c) your breach of these Terms or applicable laws (including medical advertising and data protection), or (d) disputes between you and your patients or third parties.

16) Term, Suspension & Termination
These Terms apply while you use the Site/Services.
Either party may terminate an Order for material breach if not cured within 10 days of written notice.
You may terminate for convenience at any time; we will invoice for all work performed and committed costs up to the termination date. Deposits remain non-refundable unless agreed otherwise.
We may suspend or terminate if you fail to pay, violate these Terms, or use the Services unlawfully.
Upon termination, we will provide a reasonable export (e.g., a site backup) if requested and all dues are settled. Migration/transition assistance is available at our standard rates unless agreed otherwise.

17) Force Majeure
Neither party is liable for delays or failures caused by events beyond reasonable control (e.g., natural disasters, war, acts of government, major Internet/hosting outages).

18) Changes to the Site/Services/Terms
We may update the Site, Services, or these Terms from time to time. The “Last updated” date shows the latest version. Material changes will be posted on the Site. Continued use after changes means you accept the updated Terms.

19) Governing Law & Dispute Resolution
These Terms are governed by the laws of India. Courts in Mumbai, Maharashtra have exclusive jurisdiction. You agree to first attempt an amicable resolution in good faith before litigation.

20) General
Notices: Email to the contacts provided in your Order or on our Contact page will suffice.
Assignment: You may not assign these Terms without our consent. We may assign to an affiliate or successor.
Severability: If any provision is unenforceable, the rest remains in effect.
No Waiver: Failure to enforce a provision is not a waiver.
Entire Agreement: These Terms plus your Order and our Privacy Policy form the entire agreement and supersede prior understandings.
Order of Precedence: If there is a conflict, the Order controls, then these Terms, then the Privacy Policy.

21) Contact
Faraways
Email: support@faraways.com
Phone/WhatsApp: +91 82911 86188
Address: Mumbai, Maharashtra, India

If you have questions about these Terms, please contact us.