SSVInfotech.com

1. Definitions

• • "Services": Refer to software development, web development, mobile application development, digital marketing, IT consulting, maintenance, support, and any other related services offered by SSVInfotech.Com.
• • "Project": Refers to the specific work agreed upon between SSVInfotech.Com and the Client, as outlined in a Scope of Work, Proposal, or Service Agreement.
• • "Deliverables": Refer to the tangible or intangible outputs of the Services, including but not limited to software code, website designs, graphics, content, documentation, and any other materials produced by SSVInfotech.Com for the Client.
• • "Intellectual Property Rights": Include copyrights, trademarks, patents, trade secrets, and any other proprietary rights recognized by law.

2. Engagement and Scope of Work

• • Agreement: All engagements for Services shall be initiated through a written agreement, proposal, or a mutually agreed-upon Scope of Work (SOW), which will detail the specific Services to be rendered, deliverables, timelines, and payment terms.
• • Changes to Scope: Any changes or additions to the agreed-upon Scope of Work must be requested by the Client in writing and will be subject to a separate change order process, which may impact timelines and costs. SSVInfotech.Com reserves the right to re-quote or decline such changes.

3. Client Responsibilities

• • Information and Cooperation: The Client agrees to provide all necessary information, content, feedback, and approvals in a timely manner to facilitate the smooth execution of the Project. Delays caused by the Client's failure to provide required information or approvals may result in project delays and additional costs.
• • Content Accuracy: The Client is solely responsible for the accuracy, legality, and authenticity of all content, data, and materials provided to SSVInfotech.Com for use in the Project.
• • Third-Party Licenses: If the Project requires the use of any third-party software, licenses, or APIs, the Client is responsible for acquiring and maintaining appropriate licenses, unless explicitly agreed otherwise in the SOW.

4. Payment Terms

• • Fees: All fees for Services will be as specified in the agreed-upon SOW or proposal.
• • Payment Schedule: Payments shall be made according to the schedule outlined in the SOW. Typically, this may include an upfront deposit, milestone payments, and a final payment upon completion.
• • Taxes: All fees are exclusive of applicable Indian taxes (e.g., GST), which will be charged extra as per government norms.
• • Late Payments: In case of delayed payments, SSVInfotech.Com reserves the right to charge interest on the outstanding amount at a rate of 18% per annum or as per applicable Indian law, from the due date until the date of full payment. Services may be suspended or withheld until full payment is received.
• • Refund Policy: Unless explicitly stated otherwise in the SOW, payments made are generally non-refundable once work has commenced. Any refund requests will be handled on a case-by-case basis at the sole discretion of SSVInfotech.Com.

5. Project Delivery and Acceptance

• • Delivery: SSVInfotech.Com will endeavor to deliver the Project within the agreed-upon timelines. However, timelines are estimates and may be subject to reasonable delays due to unforeseen circumstances, client delays, or scope changes.
• • Acceptance: Upon completion of a Project or a specific milestone, SSVInfotech.Com will present the Deliverables to the Client for review and acceptance. The Client shall have a specified period (e.g., 7 working days, unless otherwise agreed) to review and provide feedback or declare acceptance. If no feedback or acceptance is received within this period, the Deliverables will be deemed accepted.
• • Defects/Bugs: SSVInfotech.Com will rectify any defects or bugs directly attributable to our work during the acceptance period. This does not cover issues arising from client-side changes, third-party integrations, or hosting environment issues.

6. Intellectual Property Rights

• • Client Ownership: Upon full and final payment for the Project, all Intellectual Property Rights in the custom-developed Deliverables specifically created for the Client (e.g., custom code, unique designs) shall be transferred to the Client.
• • SSVInfotech.Com Ownership: SSVInfotech.Com retains all Intellectual Property Rights in its underlying tools, methodologies, pre-existing code, frameworks, libraries, and general know-how used in the development process, which are not specifically created for the Client.
• • Licenses: The Client grants SSVInfotech.Com a non-exclusive, royalty-free license to use its trademarks, logos, and content for the purpose of providing the Services and for portfolio/marketing purposes, unless specifically instructed otherwise in writing.

7. Confidentiality

Both parties agree to keep confidential all non-public information, including business, technical, and financial information, obtained from the other party during the course of the engagement. This obligation does not apply to information that is publicly available, independently developed, or required to be disclosed by law.

8. Warranties and Disclaimers

• • Limited Warranty: SSVInfotech.Com warrants that the Services will be performed in a professional manner, consistent with industry standards.
• • Disclaimer: EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, SSVINFOTECH.COM MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES OR DELIVERABLES WILL BE ERROR-FREE, UNINTERRUPTED, OR MEET ALL OF YOUR SPECIFIC REQUIREMENTS.

9. Limitation of Liability

IN NO EVENT SHALL SSVINFOTECH.COM BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR USE OR INABILITY TO USE THE SERVICES; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (III) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (IV) ANY OTHER MATTER RELATING TO THE SERVICES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, SSVINFOTECH.COM'S TOTAL CUMULATIVE LIABILITY TO THE CLIENT FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE TOTAL FEES PAID BY THE CLIENT TO SSVINFOTECH.COM FOR THE SPECIFIC PROJECT GIVING RISE TO THE LIABILITY.

10. Indemnification

The Client agrees to indemnify, defend, and hold harmless SSVInfotech.Com, its directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorney's fees) arising out of or in connection with:

• Your breach of these Terms.
• Any content or materials provided by you that infringe on the Intellectual Property Rights of any third party.
• Your use of the Services or Deliverables in a manner not authorized by these Terms.
• Any third-party claims arising from your business activities.

11. Termination

• • Termination by Either Party: Either party may terminate a Project or the engagement under these Terms by providing written notice if the other party materially breaches these Terms and fails to cure such breach within 30 days of receiving written notice thereof.
• • Termination for Convenience: Termination for convenience may be permitted if explicitly stated in the SOW, with applicable cancellation fees.
• • Effect of Termination: Upon termination, the Client shall pay for all Services rendered and expenses incurred up to the date of termination. SSVInfotech.Com will transfer all completed Deliverables for which full payment has been received.

12. Force Majeure

o Neither party shall be liable for any failure or delay in performing its obligations under these Terms if such failure or delay is caused by circumstances beyond its reasonable control, including but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

13. Governing Law and Dispute Resolution

• • Governing Law: These Terms shall be governed by and construed in accordance with the laws of India, specifically the laws applicable in the State of Madhya Pradesh.
• • Amicable Resolution: In the event of any dispute or difference arising between the parties concerning these Terms or the Services, the parties shall first attempt to resolve the matter amicably through good faith discussions.
• • Arbitration: If an amicable resolution is not reached within 30 days, the dispute shall be referred to arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996, or any statutory modification or re-enactment thereof. The arbitration shall be conducted by a sole arbitrator appointed by mutual consent of both parties. The seat and venue of arbitration shall be Dewas, Madhya Pradesh. The language of arbitration shall be English.
• • Jurisdiction: Subject to the arbitration clause, the Courts in Dewas, Madhya Pradesh, India, shall have exclusive jurisdiction over any matter arising out of or relating to these Terms.

14. General Provisions

• • Entire Agreement: These Terms, together with the applicable SOW or proposal, constitute the entire agreement between the parties concerning the subject matter hereof and supersede all prior and contemporaneous agreements, proposals, or representations, whether written or oral.
• • Amendments: These Terms may only be amended or modified in writing, signed by both parties.
• • Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
• • Waiver: No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision, and the failure of either party to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
• • Relationship of Parties: The relationship between SSVInfotech.Com and the Client is that of independent contractors. Nothing in these Terms shall be construed to create a partnership, joint venture, employment, or agency relationship.
• • Notices: All notices or communications required or permitted under these Terms shall be in writing and delivered by email to [email protected] (for SSVInfotech.Com) and to the email address provided by the Client, or by registered post to the respective business addresses.

For any questions regarding these Terms & Conditions, please contact us at “[email protected]”.